Number
021586
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Juan Jimenez of Malibu Liquors to construct and maintain two covered walks on the west side of South Cesar E. Chavez Drive within the public right-of-way at two 821 South Cesar E. Chavez Drive building entrances, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants Juan Jimenez of Malibu Liquors permission to construct and maintain two covered walks on the west side of West National Avenue encroaching into the public right-of way abutting the premises at 821 South Cesar E. Chavez Drive.
Body
Whereas, The applicant desired to place two covered walks in the public right-of-way at 821 South Cesar E. Chavez Drive; and
Whereas, Our recent field investigation revealed that these covered walks were in place, in accord with the dimensions on the plan supplied to us at the time of the special privilege application; and
Whereas, Said covered walks may only legally occupy the public right-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Juan Jimenez of Malibu Liquors, 821 South Cesar E. Chavez Drive, Milwaukee, WI 53204, is hereby granted the following special privilege:
To construct and maintain two covered walks at the property known as 821 South Cesar E. Chavez Drive. Said covered walks, 6 feet 4 inches in width, are centered approximately 160 feet and 176 feet south of the southline of West National Avenue and encroach approximately 7 feet 8 inches into the 10-foot wide sidewalk area on the west side of South Cesar E. Chavez Drive at the 821 South Cesar E. Chavez Drive address. The covered walks are supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walks. Each vertical support is centered approximately 2 feet west of the present curbline. The minimum vertical clearance between the skirt of the covered walks and the sidewalk below is approximately 8 feet.
Said covered walks shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frames shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per
square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walks shall be indicated upon the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
The grantee will be required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walks as long as the covered walks occupy the public right-of-way.
Permits shall be obtained from the Departments of Public Works, and City Development for the covered walk structures themselves and from the Department of Public Works to occupy the right-of-way, as necessary.
Said covered walks shall be constructed, installed, maintained and used to the approval 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, Juan Jimenez of Malibu Liquors, 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. 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 $150.00. 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 66.0425 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 the Department 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
JJM:cjt
July 21, 2004
021586