Number
021052
Version
SUBSTITUTE
Reference
81-875-a
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for replacing a wood fence with a concrete fence and for change of ownership to Adhan Ahmad for encroachments into the public right-of-way at 1207 South Cesar E. Chavez Drive, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to Adhan Ahmad to keep and maintain fence-like curbing, two light poles, five bollards and underground conduit for the parking lot of the building at 1207 South Cesar E. Chavez Drive.
Body
Whereas, Joseph A. Nigrelli, d/b/a Pepi's Italian Restaurant, requested permission to keep and maintain a fence, five bollards, two light poles and underground conduit for the lighting system; and
Whereas, Permission was granted in 1982 by adoption of Common Council Resolution File Number 81-875-a; and
Whereas, Adhan Ahmad bought the property; and
Whereas, A site visit revealed that the original fence constructed of 6-inch wide railroad ties stacked three high has been replaced with a concrete barrier curb, which appears to serve the same purpose as a fence, in approximately the same location as the former fence; and
Whereas, The other items for which permission was granted in Common Council Resolution File Number 81-875-a, the two light poles, five bollards and underground conduit, appear as described; and
Whereas, For the liability to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 81-875-a is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Adhan Ahmad, 1207 South Cesar E. Chavez Drive, Milwaukee, Wisconsin 53204 is hereby granted the following special privileges:
1. To keep and maintain a concrete barrier curb, which serves the same function as a fence, in the public right-of-way of West Scott Street, adjacent to the property known as 1207 South Cesar E. Chavez Drive. The concrete barrier curb is approximately 8 inches in height and is painted a bright yellow color. Said curb extends a distance of approximately 118 feet from a point approximately 3 feet west of the westline of South Cesar E. Chavez Drive to a point approximately 121 feet west of the westline of South Cesar E. Chavez Drive, encroaching a distance of approximately 3 feet 2 inches into the 16-foot wide, south sidewalk area of West Scott Street over its entire length. The curb extends southerly onto private property at the east end, extends a distance of 2 feet 4 inches towards private property at the west end and at each side of the driveway opening.
2. To keep and maintain two light poles within the public right-of-way of West Scott Street. Said light poles are centered approximately 42 feet and 118 feet west of the westline of South Cesar E. Chavez Drive and approximately 1 foot 6 inches north of the southline of West Scott Street. The light poles are 4 inches in diameter, 17 feet in height and are mounted on concrete bases 2 feet in diameter and 6 inches in height.
3. To keep and maintain five concrete-filled bollards in the public right-of-way of West Scott Street. Said bollards are located approximately 44, 50, 70, 115 and 121 feet west of the westline of South Cesar E. Chavez Drive and 6 inches north of the southline of West Scott Street. Two bollards, one of which is located on the east side of the driveway, protect each light pole. The fifth bollard is located on the west side of the driveway. The bollards are 4 inches in diameter and 4 feet 6 inches high.
4. To keep and maintain an underground electrical conduit in conjunction with said light poles. The conduit is located in that portion of the public way enclosed by the aforementioned concrete curb.
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, Adhan Ahmad, 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 $5,000.00 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 $100,000.00 covering bodily injury to any one person and $200,000.00 covering bodily injury to more than one person in any one accident and $40,000.00 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 $464.32. 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 66.0425 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:cjt
March 30, 2005
021052