NUMB:
990277
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Michael Regis Zappas to construct and maintain a concrete ramped entrance for barrier-free access located in the public right-of-way adjacent to the property located at 315 South Water Street, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Michael Regis Zappas to construct and maintain a concrete ramped entrance for barrier-free access in the right-of-way on the west side of South Water Street adjacent to the premises known as 315 South Water Street.
BODY:
Whereas, Michael Regis Zappas is desirous to construct a concrete ramped entrance to provide for barrier-free access to the building at 315 South Water Street and in order to do this, the ramp is proposed to encroach into the public right-of-way on the west side of South Water Street; and
Whereas, The concrete ramped entrance may only occupy the public right-of-way 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 Michael Regis Zappas, 8189 San Dimas Lane, Atascadero, CA 93422, is hereby granted the following special privilege:
1. To construct and maintain an approximate 26-foot long and 5-foot 2-inch wide concrete ramp and platform with metal handrail on the west side of South Water Street adjacent to the property known as 315 South Water Street. Said concrete ramp shall begin at a point approximately 8 feet north of the northline of the dead-end east-west public alley bounded by East Florida Street, East Pittsburgh Avenue and South Water Street and encroach approximately 5 feet 2 inches into the public sidewalk area.
2. To keep, use and maintain an existing service door which, when fully open, swings approximately 3.0 feet over the platform in Item No. 1 above and into the 15.6-foot wide sidewalk area located on the west side of South Water Street located approximately 31 feet north of the northline of the dead-end east-west public alley bounded by East Florida Street, East Pittsburgh Avenue and South Water Street.
Said concrete ramp and platform with metal handrail shall be constructed, used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. All required permits shall be procured from the Departments of Public Works and Neighborhood Services/City Development prior to beginning construction. Said ramp with handrail shall be removed from the public right-of-way at such future time that it is 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, Michael Regis Zappas, 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 $2,000.00 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 $99.81. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JJM:cjt
July 13, 1999
990277