NUMB:
970711
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Portocello Corporation for one set of front porch steps in the public rights-of-way, adjacent to 1701 North Arlington Place, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution granting a special privilege to Portocello Corporation for one set of front porch steps located in the public rights-of-way, at 1701 North Arlington Place.
BODY:
Whereas, Portocello Corporation is the owner of the building located at 1701 North Arlington Place, which is undergoing exterior renovation; and
Whereas, The property is located in the Brady Street Historic District and had been granted a Certificate of Appropriateness by the Milwaukee Historic Preservation Commission for these and other renovations, which include encroachment of front porch steps into the public rights-of-way; and
Whereas, Encroachment of the steps into the public rights-of-way can only be allowed 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 Portocello Corporation, 1301 East Brady Street, Milwaukee, WI 53202, is hereby granted the following special privilege:
To construct and maintain one set of front porch steps within the north sidewalk area of East Brady Street, and the west sidewalk area of North Arlington Place, abutting the building at 1701 North Arlington Place. Said steps shall encroach approximately 4 feet 1 inch into the 13-foot wide sidewalk area of East Brady Street, leaving approximately 8 feet 11 inches for pedestrian usage, and 7 1/4-inches into the 15-foot wide sidewalk area of North Arlington Place, leaving approximately 14 feet 4 3/4 inches for pedestrian usage. Said steps encroach in an angular fashion into the right-of-way at the northwest corner of North Arlington Place and East Brady Street. Said steps shall be constructed abutting the building in such a manner that their use would not infringe upon the paved public sidewalk and interfere with through pedestrian movement at any time.
Said steps shall be constructed, used and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. All required permits shall be procured prior to beginning construction. Said steps shall be removed from the public rights-of-way in such future time as they are no longer needed to the satisfaction of the Commissioners of Public Works and Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Portocello Corporation, 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 $35.00. 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
September 26, 1997
970711