Number
080513
Version
SUBSTITUTE 1
Reference
79-736
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Teresa Espitia for encroachment into the public right-of-way of a retaining wall and steps for the premises at 1222 West Washington Street, in the 12th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Teresa Espitia for encroachment into the public right-of-way of a retaining wall and steps for the premises at 1222 West Washington Street.
Body
Whereas, Eloisa Rivas requested permission to construct and maintain a retaining wall and steps in the public right-of-way; and
Whereas, Permission for said items was granted in 1979 under Common Council File Number 79-736; and
Whereas, Teresa Espitia 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 79-736 is hereby rescinded; and, be it
Further Resolved, That Teresa Espitia, 1222 West Washington Street, Milwaukee, WI 53204, is hereby granted the following special privileges:
1. To keep and maintain a retaining wall in the north, 16-foot wide sidewalk area of West Washington Street. The first section of retaining wall commences at a point approximately 219 feet west of the westline of South 12th Street and 11 inches south of the northline of West Washington Street; extends south 4 feet; then extends east 20 feet 7 inches; and then extends north 4 feet 3 inches. The second section of retaining wall commences at a point approximately 194 feet west of the westline of South 12th Street at the northline of West Washington Street; extends south 4 feet 11 inches; extends east 6 feet 10 inches; and then extends north 4 feet 3 inches. Both sections of retaining wall are 2 feet 3 inches tall and 8 inches thick. The total area of retaining wall in the public way is 28.24 square feet.
2. To keep and maintain a set of concrete steps in the north sidewalk area of West Washington Street. Said steps project 1 foot 7 inches into the north 16-foot wide sidewalk area and are 4 feet 5 inches wide. Said steps are centered approximately 196 feet west of the westline of South 12th Street.
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 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, Teresa Espitia 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 $37.73. 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
October 1, 2008
080513