Number
101334
Version
SUBSTITUTE 1
Reference
030013
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Reservoir Court at Brewers Hill Condominium Association Inc for three sets of steps and addition of a fourth set of steps for the premises at 124-32 West Reservoir Avenue and 1906-12 North 2nd Street, in the 6th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Reservoir Court at Brewers Hill Condominium Association Inc for three sets of steps and addition of a fourth set of steps for the premises at 124-32 West Reservoir Avenue and 1906-12 North 2nd Street.
Body
Whereas, Reservoir Court Condominiums, the developer, requested permission to construct and maintain three sets of concrete steps in the public right-of-way; and
Whereas, Permission for said steps was granted in 2003 under Common Council Resolution File Number 030013; and
Whereas, Reservoir Court at Brewers Hill Condominium Association Inc is now responsible for the property, and
Whereas, A site visit revealed the presence of a fourth set of steps projecting into the public right-of-way; and
Whereas, Said fourth set of steps may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability for said items to be formally transferred to the applicant, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 030013 is hereby rescinded; and, be it
Further Resolved, That Reservoir Court at Brewers Hill Condominium Association Inc, 1912 North 2nd Street, Milwaukee, Wisconsin, 53212, is hereby granted the following special privileges:
1. To construct and maintain a set of concrete steps projecting 3 feet 5 inches into the east, 20-foot wide sidewalk area of North 2nd Street. Said steps measure 5 feet 6 inches wide and are centered approximately 90 feet north of the northline of West Reservoir Avenue.
2. To keep and maintain three sets of concrete steps projecting 4 feet 1 inch into the north, 20-foot wide sidewalk area of West Reservoir Avenue. Said steps measure 8, 6 and 6 feet wide and are centered approximately 25, 54 and 78 feet west of the westline of the north-south alley abutting the subject premises.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or removed from the public right-of-way, at such future time as it is no longer needed, to the satisfaction of the Commissioners of Public Works and Department of 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, Reservoir Court at Brewers Hill Condominium Association Inc, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.
Pay to the City Treasurer an annual fee, which has an initial amount of $333.69. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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 and 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.
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.
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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:ns
August 4, 2011
101334