NUMB:
970365
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Satin Wave, Ltd., to place a movable shoe shine stand in the public right- of-way adjacent to the building at 4521 West Burleigh Street, in the 7th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege resolution grants permission to Satin Wave, Ltd. to place a movable shoe shine stand in the public right- of-way in front of 4521 West Burleigh Street in front of their own business, a hair salon. The placement of the stand outside would probably be to increase this type of activity that already has been occurring inside.
BODY:
Whereas, The owner of Satin Wave, Ltd. desires to place a movable shoe shine stand in the public right-of-way on the south side of West Burleigh Street adjacent to the premises at 4521 West Burleigh Street; and
Whereas, The stand is presently located inside the building and would be rolled outside on nice days in order to increase this type of business activity; and
Whereas, Placement of this item within the public right-of-way can only be allowed 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 Satin Wave, Ltd., 4521 West Burleigh Street, Milwaukee, WI 53210, is hereby granted the following special privilege:
To place and maintain a 6-foot long, 4-foot wide movable shoe shine stand within the south sidewalk area of West Burleigh Street adjacent to the building at 4521 West Burleigh Street. The stand shall be located approximately 106 feet east of the eastline of North 46th Street. The area to be occupied shall be limited to a maximum of 5 feet into the 10.2- foot wide fully concrete paved public walk area. Said stand shall be placed against the building so as to minimally infringe upon through pedestrian movements.
Said stand shall be removed from the public right-of-way during non-business hours. The area that is proposed to be used shall be kept clean by Satin Wave, Ltd. personnel to the satisfaction of the Commissioners of Public Works and Building Inspection. Said area shall be maintained to the satisfaction of the Commissioners of Public Works and Building Inspection and Health. Required permits shall be procured prior to operation of the facilities.
;and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Satin Wave, Ltd., 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 $75.86. 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:pmp
June 26, 1997
970365
CATTion of said
special privilege.
DFTR:
Infrastructure Services Division
JJM:pmp
June 26, 1997
970365
CATT