Number
030013
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Reservoir Court Condominiums for three sets of stairs leading to buildings, which will be a part of a condominium complex, encroaching into the public right-of-way of West Reservoir Avenue at 124, 126, 130 and 132 West Reservoir Avenue, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Reservoir Court Condominiums for three sets of front stairs, that will encroach into the public right-of-way of West Reservoir Avenue.
Body
Whereas, Several buildings are to be constructed as part of a condominium complex to be known as Reservoir Court Condominiums, on the north side of West Reservoir Avenue, between North 1st Street and North 2nd Street; and
Whereas, The developers propose that three sets of new stairs and concrete walls adjacent to buildings in the condominium complex extend into the public right-of-way on the north side of West Reservoir Avenue; and
Whereas, Encroachment of the stairs into the public right-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 Reservoir Court Condominiums, 2928 East Kenwood Boulevard, Milwaukee, WI 53211, is hereby granted the following special privilege:
To construct, use and maintain three sets of stairs within the north sidewalk area of West Reservoir Avenue adjacent to the properties to be known as 124, 126, 130 and 132 West Reservoir Avenue. Said stairs shall encroach approximately 4 feet 10 inches into the 20-foot wide sidewalk area of West Reservoir Avenue with a 10-inch wide concrete wall on each side. A 5-foot wide concrete sidewalk at this location will be unaffected by the stairs and will provide for through pedestrian movements. The stairs are to be centered approximately 74, 97 and 128 feet east of the eastline of North 2nd Street. The stairs are 6, 6, and 8 feet wide, respectively.
Said steps shall be constructed, used and/or maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All required permits shall be procured prior to beginning construction from the Departments of Public Works and City Development. Said stairs shall be removed from the public right-of-way at such future time as they are no longer needed, to the satisfaction of the Departments of Public Works and 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, Reservoir Court Condominiums, 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 $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 $212.51. 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
June 6, 2003
030013