Number
031167
Version
SUBSTITUTE
Reference
971137
Sponsor
THE CHAIR
Title
Substitute resolution to grant an amended special privilege for a name change to Otilio Fernandez and Mercedes L. Fernandez, to keep, use and maintain an excess doorswing projection encroaching into West National Avenue for the property at 701 West National Avenue, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege changes the name of the grantee of a special privilege granting permission to keep and maintain an excessive door swing projection encroaching into the public right-of-way on the south side of West National Avenue, abutting the premises at 701 West National Avenue.
Body
Whereas, A special privilege resolution, Common Council File Number 971137, was adopted in 1998, to allow the installation of a door that, when fully opened, encroaches into the public right-of-way of West National Avenue in excess of the 12 inches allowable by Section 245-4-8 of the Code of Ordinances at the building known as 701 West National Avenue; and
Whereas, The present owners are Otilio Fernandez and Mercedes L. Fernandez, who have submitted an amending Petition, since this door encroachment requires approval of the Common Council in order to remain; now, therefore, be it
Resolved, That Common Council Resolution File Number 971137 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Otilio Fernandez and Mercedes L. Fernandez, 2301 West Vogel Avenue, Milwaukee, WI 53221 are hereby granted the following special privilege:
To keep, use and maintain one door at the building known as 701 West National Avenue that, when fully opened, will project into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The door, located on the south side of West National Avenue, is centered approximately 35 feet west of the westline of South 7th Street and its maximum encroachment is approximately 3-feet into the 8-foot wide fully concrete paved sidewalk area.
Said door shall be used and maintained to the approval of the Commissioners of Public Works and Department of Neighborhood Services. All applicable permits shall have been obtained prior to the installation of the door
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantees, Otilio Fernandez and Mercedes L. Fernandez, 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 $10,000.00 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 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $50,000 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 66.0425 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
JJM:cjt
March 15, 2004
031167