Number
980162
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Wheaton Franciscan Healthcare - St. Joseph’s Hospital to allow for the continued placement of brick piers, seat walls, ornamental fencing and an electrical control box in the public right-of-way for the premises at 5000 West Burleigh Street, in the 10th Aldermanic District.
Analysis
Substitute resolution granting a special privilege to Wheaton Franciscan Healthcare - St. Joseph’s Hospital to allow for the continued placement of brick piers, seat walls, ornamental fencing and an electrical control box in the public right-of-way for the premises at 5000 West Burleigh Street.
Body
Whereas, Wheaton Franciscan Healthcare - St. Joseph’s Hospital entered into a development agreement with the City of Milwaukee to construct a private park; and
Whereas, As part of the aforementioned development agreement, the applicant is required to acquire a special privilege for several private items in the public right-of-way including brick piers, seat walls, ornamental fencing and an electrical control box; and
Whereas, Said items 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 Wheaton Franciscan Healthcare - St. Joseph’s Hospital, Attn: Lou Yaeger, Admin, 5000 West Chambers Street, Milwaukee, Wisconsin 53210, is hereby granted the following special privileges:
1. To keep and maintain two brick piers connected by a masonry seat wall in the eastern most sidewalk area of North Gengler Circle. The east pier measures 1 foot 6 inches square; the west pier measures 1 foot 10 inches square. The 2-foot tall seat wall is 1-foot 1-inch wide and 11 feet 10 inches long. Said structure of piers and seat wall is centered 9 feet 6 inches north of the northline of West Burleigh Street and commences at a point approximately 11 feet west of the eastline of North Gengler Circle and ends 15 feet to the west. Total area of the both piers and seat wall is 18.65 square feet.
2. To keep and maintain two brick piers connected by a masonry seat wall in the western sidewalk area of North Gengler Circle. The west pier measures 1 foot 6 inches square; the east pier measures 1 foot 10 inches square. The 2-foot tall seat wall is 1-foot 1-inch wide and 11 feet 8 inches long. Said structure of piers and seat wall is centered 9 feet 6 inches north of the northline of West Burleigh Street and commences at a point approximately 11 feet east of the westline of North Gengler Circle and ends 15 feet to the west. Total area of both piers and seat wall is 18.36 square feet.
3. To keep and maintain an electrical control box in the east-west alley in the block bounded by North 49th Street, North 50th Street, West Auer Street and West Burleigh Street. Said box is centered on the eastline of North Gengler Circle and a point approximately 11 feet north of the southline of the east-west alley. Said electrical control box is 10 inches long and 5 inches wide.
4. To keep and maintain two 6-foot tall, line fences crossing the 18-foot wide east-west alley in the block bounded by North 49th Street, North 50th Street, West Auer Street and West Burleigh Street. The west fence commences at the southline of the alley at the westline of North Gengler Circle and intercepts the northline of the alley at a point approximately 7 feet east of the westline of North Gengler Circle. The east fence crosses the alley at a point approximately 12 feet 6 inches east of the eastline of North Gengler Circle.
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, Wheaton Franciscan Healthcare - St. Joseph’s Hospital, 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 $5,000 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 $101.77. 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:lja
April 23, 2007
980162