Number
071655
Version
SUBSTITUTE 1
Reference
871284
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Southside Gardens, Inc. for a fence and for addition of a sign encroaching into the public right-of-way for the premises at 1576 West Oklahoma Avenue, in the 13th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Southside Gardens, Inc. of a fence and for addition of a sign encroaching into the public right-of-way for the premises at 1576 West Oklahoma Avenue.
Body
Whereas, Southside Garden Center requested permission to keep and maintain a chain link fence in the public right-of-way; and
Whereas, Permission for said chain link fence was granted in 1987 under Common Council File Number 871284; and
Whereas, A site visit revealed the presence of a sign in the public right-of-way; and
Whereas, Said sign may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, Southside Gardens, Inc. now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 871284 is hereby rescinded; and, be it
Further Resolved, That Southside Gardens, Inc., 1576 West Oklahoma Avenue, Milwaukee, WI 53215 is hereby granted the following special privileges:
1. To keep and maintain a chain link fence in the east tapered sidewalk area of South 16th Street. Said 5 foot 4 inch high fence encroaches 2 feet 2 inches into the public right-of-way. Said fence commences at a point approximately 28 feet north of the northline of West Oklahoma Avenue and extends north 82 feet 6 inches.
2. To keep and maintain an electric sign connected to the ground by a steel stand at the intersection of South 16th Street and West Oklahoma Avenue. Said sign is approximately 4 feet 6 inches high and encroaches approximately 2 feet 6 inches into the east 21-foot sidewalk area of South 16th Street and approximately 2 feet into the north 22-foot sidewalk area of West Oklahoma Avenue.
Said above-mentioned fence and sign shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said fence and sign 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, Southside Gardens, Inc. 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 such bond to be approved by the City Attorney. This 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 own 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 cancelled 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 $839.54. 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 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.
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 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:ns
May 2, 2008
071655