Number
070252
Version
SUBSTITUTE 1
Reference
62-3700-c
Sponsor
THE CHAIR
Title
Substitute resolution to amending a special privilege to St. Anthony Congregation for change of ownership and for the addition of private light poles encroaching into the public right-of-way for the premises at 524 West Historic Mitchell Street, in the 12th Aldermanic District.
Analysis
This resolution amends a special privilege to St. Anthony Congregation for change of ownership and for the addition of private light poles encroaching into the public right-of-way for the premises at 524 West Historic Mitchell Street.
Body
Whereas, St. Stanislaus Congregation, Inc. requested permission for entrance steps, retaining wall, and flood lighting attached to a street light pole to encroach in the public right-of-way; and
Whereas, Permission for said items was granted under Common Council Resolution File Number 62-3700-c in 1968; and
Whereas, St. Anthony Congregation is now requesting permission to construct and maintain six private light poles in the public right-of-way; and
Whereas, Said new items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; and
Whereas, River St. Anthony Congregation is now legally responsible for the subject property; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 62-3700-c is hereby rescinded; and, be it
Further Resolved, That St. Anthony Congregation, 1727 South 9th Street, Milwaukee, Wisconsin 53204 is hereby granted the following special privileges:
1. To construct and maintain six private street light poles in the west, 15-foot wide sidewalk area of South 5th Street. Said light poles will be centered 13 feet east of the westline of South 5th street and located between the northline of West Historic Mitchell Street and a point approximately 191 feet to the north.
2. To keep and maintain four sets of steps at the church entrance in the west, 15-foot wide sidewalk area of South 5th Street. The steps are integral with a structure of platforms and planters, which projects into South 5th Street a maximum of 7 feet 4 inches at the center of the church building; 2 feet 6 inches at the south end of the structure, which is also the northline of West Historic Mitchell Street; and 6 inches at the north end of the structure located at a point approximately 85 feet north of the northline of West Historic Mitchell Street. Total area of said steps within the public right-of-way is 200.77 SF.
3. To keep and maintain two sections of an 8-inch wide concrete planter wall in the west, 15-foot wide sidewalk area of South 5th Street. The walls are integral with a structure of platforms and steps which projects into South 5th Street. The south section of wall measures 19 feet 8 inches long while the north section is 19 feet 4 inches long.
4. To keep and maintain an 8-inch wide concrete retaining wall in the north, 12-foot wide sidewalk area of West Historic Mitchell Street. Said wall is located approximately 4 feet 6 inches south of the northline of West Historic Mitchell Street and commences at a point approximately 32 feet west of the westline of South 5th Street. Total length of the retaining wall is 185 feet 9 inches.
Said above-mentioned items shall be used, kept, and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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 accepting this special privilege the grantee, St. Anthony Congregation, 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 $2,000 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 $386.77. 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 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
MDL:lja
July 18, 2007
070252