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File #: 101302    Version:
Type: Resolution Status: Passed
File created: 2/8/2011 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 1/18/2012
Effective date:    
Title: Substitute resolution granting a special privilege to Four Gems LLC to construct and maintain a barrier free access ramp in the public right-of-way for the premises at 2301-09 North Holton Street, in the 3rd Aldermanic District.
Sponsors: THE CHAIR
Indexes: SPECIAL PRIVILEGE PERMITS
Attachments: 1. Cover Letter, 2. Petition and Drawings, 3. Map, 4. Photos, 5. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/27/20121 MAYOR SIGNED   Action details Meeting details Not available
1/18/20121 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
1/5/20121 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTIONPass5:0 Action details Meeting details Not available
1/3/20121 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/3/20121 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/3/20121 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20110 PUBLIC WORKS COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.		   Action details Meeting details Not available
2/8/20110 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
101302
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Four Gems LLC to construct and maintain a barrier free access ramp in the public right-of-way for the premises at 2301-09 North Holton Street, in the 3rd Aldermanic District.
Analysis
This resolution grants a special privilege to Four Gems LLC to construct and maintain a barrier free access ramp in the public right-of-way for the premises at 2301-09 North Holton Street.
Body
Whereas, The applicant is requesting permission to construct and maintain a barrier free access ramp to make the subject premises accessible and building code complaint; and
Whereas, Said barrier free access ramp may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
 
Resolved, By the Common Council of the City of Milwaukee that Four Gems LLC, 9980 South Jennifer Lane, Oak Creek, Wisconsin 53154, is hereby granted the following special privilege:
 
To construct and maintain a concrete barrier free access ramp with platform projecting 4 feet into the north, 10-foot wide sidewalk area of East North Avenue. Said ramp and platform structure commences at a point approximately 21 feet west of the westline of North Holton Street and extends west 36 feet. A metal railing surrounds the ramp with platform, which has a maximum height of 2 feet.
 
Said above-mentioned barrier free access ramp shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
 
Said barrier free access ramp 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, Four Gems LLC, shall:
  1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
  3. File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
  5. Pay to the City Treasurer an annual fee, which has an initial amount of $91.19. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
  7. 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.
  9. 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.
  11. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
DMS:slm
December 6, 2011
101302