Number
070943
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Living Epistles Church of Holiness to construct and maintain a platform with barrier free access ramp and excess door swing in the public right-of-way for the premises at 4022 North 27th Street, in the 1st Aldermanic District.
Analysis
This resolution grants a special privilege to Living Epistles Church of Holiness to construct and maintain a platform with barrier free access ramp and excess door swing in the public right-of-way for the premises at 4022 North 27th Street.
Body
Whereas, The applicant is in the process of renovating its building and is requesting permission to install a platform with barrier free access ramp and excess door swing within the public right-of-way; and
Whereas, Said platform and 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 Living Epistles Church of Holiness, 3401 North 35th Street, Milwaukee, Wisconsin 53216, is hereby granted the following special privileges:
1. To construct and maintain a concrete platform and barrier free access ramp projecting 3 feet 8 inches into the east, 22-foot wide sidewalk area of North 27th Street. The structure will commence at a point approximately 143 feet north of the northline of West Capitol Drive and will extend 18 feet 10 inches to the north. Said platform will be constructed on 4-foot deep strip footings. Said ramp and platform will both have a handrail.
2. To construct and maintain a door swing projecting up to 3 feet into the east, 22-foot wide sidewalk area of North 27th Street, in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said door will be centered approximately 147 feet north of the northline of West Capitol Drive and will swing open over the platform described above.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or removed from the public right-of-way, at such future time as it is 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, Living Epistles Church of Holiness, 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 $3,000.00 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 $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 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:lja
December 27, 2007
070943