NUMB:
971925
VERS:
SUBSTITUTE
REF:
941477
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Mr. Lester Hansher to erect and maintain a storm enclosure (wind break) in the public right-of-way abutting the premises at 5800 West Burleigh Street, to now change the name of the grantee of the special privilege to David E. Amos, in the 7th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege changes the name of the grantee of a special privilege allowing placement and maintenance of a storm enclosure (wind break) in the public right-of-way abutting the premises at 5800 West Burleigh Street from Mr. Lester Hansher to David E. Amos.
BODY:
Whereas, Mr. Lester Hansher was granted a special privilege to place a storm enclosure (wind break) at the main entrance to the building at 5800 West Burleigh Street; and
Whereas, David E. Amos now owns the building at 5800 West Burleigh Street, and a name change of the existing special privilege is needed in order to reflect the new ownership; and
Whereas, Said storm enclosure (wind break) may only legally occupy the public way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 941477 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that David E. Amos, 5800 West Burleigh Street, Milwaukee, WI 53210, is hereby granted the following special privilege:
To keep, use and maintain a 7.5-foot high storm enclosure at the entrance to 5800 West Burleigh Street. Said storm enclosure, 5 feet in width, is centered approximately 17.5 feet west of the westline of North 58th Street and encroaches approximately 4 feet into the 13-foot wide sidewalk area on the north side of West Burleigh Street. The storm enclosure is supported by the building at one end and by one vertical support near each corner closest to the curb. Each vertical support is approximately 9 feet from the curbline. Said storm enclosure has vertical sides approximately 7.5 feet by 4 feet of clear vinyl curtains bordered with heavy vinyl coated nylon at the corners.
All fixtures and materials for illumination of the storm enclosure shall be indicated upon construction plans. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the storm enclosure. The name, street number, or character of the business may be indicated only on the vertical portion of the storm enclosure and not to exceed 8 inches in height.
Said storm enclosure shall be installed and maintained to the approval of the Commissioners of Public Works and Building Inspection. Prior to installation, permits shall be obtained from the Commissioner of Building Inspection for the structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, David E. Amos, 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. 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 $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 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
June 17, 1998
971925