Number
021612
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Living Epistles Church of Holiness Inc. to keep, use and maintain a platform with ramp for barrier-free access, including the fabric enclosure and to keep and maintain existing landscaping rocks, all located in the public rights-of-way, adjacent to the property located at 3401 North 35th Street, in the 10th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants permission to Living Epistles Church of Holiness Inc. to keep, use and maintain a platform with ramp for barrier-free access, including the fabric enclosure and to keep and maintain existing landscaping rocks, all located in the public rights-of-way, adjacent to the property located at 3401 North 35th Street.
Body
Whereas, Living Epistles Church of Holiness Inc. was desirous to provide for barrier-free access to the building that was being renovated located at 3401 North 35th Street and proposed to construct a platform with ramp, a portion of which would encroach into the public right-of-way on the north side of West Townsend Street; and
Whereas, Our field investigation found that they had done so as well as surrounded it on 2 sides and over it with a fabric enclosure and we also noted that there are existing landscaping rocks in front of the building between the sidewalk and property line that are located in the public right-of-way adjacent to the property, which they intend to keep; and
Whereas, These items may only occupy the public rights-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Living Epistles Church of Holiness, Inc., 3401 North 35th Street, Milwaukee, WI 53216, is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 19-foot long and 4-foot wide platform with ramp and handrail located on the north side of West Townsend Street adjacent to the property known as 3401 North 35th Street. Said ramp shall begin at a point approximately 98 feet west of the westline of North 35th Street and extend east approximately 9 feet to the approximately 10-foot long platform. The ramp encroaches approximately 1.3 feet and the platform encroaches approximately 1.3 feet. A 3-foot wide door swings out over the platform.
2. To keep, use and maintain a fabric and plastic entrance vestibule consisting of a 2 sided enclosure with a roof around the platform and ramp located on the north side of West Townsend Street adjacent to the property known as 3401 North 35th Street. The encroachment into West Townsend Street is approximately 1.6 feet.
3. To keep and maintain three raised landscaping rocks located between the sidewalk and property line on the west side of North 35th Street of the property at 3401 North 35th Street. The rocks are approximately 2.0 feet by 2.0 feet, 1.0 feet by 2.0 feet and 1.5 feet by 1.3 feet and their centerlines are approximately 2.5, 2.5 and 2.0 feet east of the westline of North 35th Street.
All necessary permits shall have been obtained for the platform w/ramp and the enclosure. All of said items shall be maintained to the satisfaction of the Departments of Public Works and Neighborhood Services
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Living Epistles Church of Holiness Inc. shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $1,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $36.33. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
July 15, 2003
021612