Number
071683
Version
SUBSTITUTE 1
Reference
65-365
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Grace Hmong Alliance Church for a fence and retaining wall and for addition of a fence in the public right-of-way for the premises at 2604 West Orchard Street, in the 8th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Grace Hmong Alliance Church for a fence and retaining wall and for addition of a fence in the public right-of-way for the premises at 2604 West Orchard Street.
Body
Whereas, St. Lawrence Congregation requested permission to construct and maintain a fence on top of a retaining wall in the public right-of-way; and
Whereas, Permission for said items was granted in 1965 under Common Council File Number 65-365; and
Whereas, Grace Hmong Alliance Church now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; and
Whereas, A site visit revealed the presence of an additional fence in the public right-of-way; and
Whereas, Said additional fence may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 65-365 is hereby rescinded; and, be it
Further Resolved, That Grace Hmong Alliance Church, 2604 West Orchard Street, Milwaukee, Wisconsin 53215, is hereby granted the following special privileges:
1. To keep and maintain a 5-foot tall chain link fence atop a retaining wall projecting, on average, 2 feet 2 inches into the 12-foot wide sidewalk area of West Greenfield Avenue. Said retaining wall is, on average, three feet tall and 10 inches thick. Said fence and retaining wall commence 2 feet 7 inches east of the westline of South 26th Street and extend west 136 feet.
2. To keep and maintain a 5-foot tall chain link fence atop a retaining wall projecting, on average, 3 feet 5 inches into the west, 15-foot wide sidewalk area of South 26th Street. Said retaining wall is, on average, three feet tall and 10 inches thick. Said fence and retaining wall commence 2 feet 2 inches north of the southline of West Greenfield Avenue and extends 127 feet to the south. There is a 21-foot 6-inch wide driveway entrance located within the limits of the retaining wall, reducing the total length of the wall to 105 feet 6 inches.
3. To construct and maintain a 3-foot 6-inch tall fence encroaching 3 feet 6 inches into the west, 15-foot sidewalk area of South 26th Street. Said fence commences at a point approximately 125 feet south of the southline of West Greenfield Avenue and extends south 167 feet.
4. To construct and maintain a 3-foot 6-inch tall fence encroaching 1 foot 10 inches into the north, 13-foot wide sidewalk area of West Orchard Street. Said fence commences at a point approximately 5 feet west of the westline of South 26th Street and extends 253 feet to the west. There is a portion of fence that angles between the south endpoint of the fence in South 26th Street, described above, and the east endpoint of this fence, located in West Orchard Street.
5. To construct and maintain a chain link fence encroaching 10 inches into the north, variable width sidewalk area of West Greenfield Avenue. Said fence commences at a point approximately 138 feet east of the eastline of South Layton Boulevard and extends 89 feet to the east.
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 they are 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, Grace Hmong Alliance Church, 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 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled 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 $171.79. 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 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.
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 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
May 30, 2008
071683