NUMB:
970001
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Phoenix Building Partnership, to place four above-ground sidewalk flower pots/planters in the public right-of-way abutting the premises at 219-233 North Milwaukee Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants the applicant permission to place four above-ground sidewalk flower pots/planters within the 12-foot wide fully concrete paved sidewalk area adjacent to 219-233 North Milwaukee Street.
BODY:
Whereas, Herman Weingrod for Phoenix Building Partnership, proposes to place and maintain two 36-inch diameter above-ground planters on the sidewalk on the west side of North Milwaukee Street flanking each of the two entrances to 219-233 North Milwaukee Street; and
Whereas, The above-ground flower pots/planters may only legally occupy the City of Milwaukee public right-of-way by the granting of this special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Phoenix Building Partnership, 219 North Milwaukee Street, Milwaukee, WI 53202, is hereby granted the following special privilege:
To place and maintain four 36-inch diameter above-ground flower pots/planters within the 12-foot wide fully concrete paved public sidewalk area. Said planters shall be placed abutting the building on each side of two entrances to the building, along the west side of North Milwaukee Street. The entrances are centered at distances of approximately 140 feet and 228 feet north of the northline of East Chicago Street.
Said flower pots/planters shall be placed and maintained to the approval of the Commissioners of Public Works and Building Inspection. All necessary permits shall be obtained from the Commissioners of Public Works and Building Inspection prior to placement of these items in the City of Milwaukee public right-of-way. The plant material shall be approved by and maintained to the satisfaction of the City Forester;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Phoenix Building Partnership, 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 $1,000.00 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 $60.00. 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 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
May 16, 1997
970001
CATTion of said
special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
May 16, 1997
970001
CATT