Number
030417
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to De Ja Vu Consignments LLC, to place and maintain several commercial displays and a sign (sandwich) board on the sidewalk, which is public right-of-way, abutting the premises at 1743-45 North Dr. Martin Luther King Jr. Drive, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants the applicant permission to place and maintain several commercial displays and a sign (sandwich) board on the sidewalk on the west side of North Dr. Martin Luther King Jr. Drive adjacent to 1743-45 North Dr. Martin Luther King Jr. Drive.
Body
Whereas, Karen Spencer, the agent of the business, De Ja Vu Consignments LLC, at 1743-45 North Dr. Martin Luther King Jr. Drive, proposes to place and maintain several commercial displays and a sign (sandwich) board on the sidewalk on the west side of North Dr. Martin Luther King Jr. Drive abutting the premises at 1743-45 North Dr. Martin Luther King Jr. Drive; and
Whereas, The sign board will indicate the hours of operation of the adjacent business, and no monetary exchanges will take place in the public right-of-way; and
Whereas, A clear walking path of a minimum of 6 feet wide will be maintained at a street tree adjacent to the premises; and
Whereas, The sign board and display items 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 De Ja Vu Consignments LLC, 1743 North Dr. Martin Luther King Jr. Drive, Milwaukee, WI 53212 is hereby granted the following special privilege:
To place and maintain a sign (sandwich) board and several display items on the sidewalk in front of the place of business at 1743-45 North Dr. Martin Luther King Jr. Drive. The sign and display items are located approximately 75 feet south of West Vine Street. A 6-foot wide path shall be kept clear for through pedestrians. The space to be occupied shall not exceed 10 feet in length nor project more than 3 feet.
Said items shall be placed, used and maintained to the approval of the Departments of Public Works and Neighborhood Services. All necessary permits shall be obtained from the Departments of Public Works and City Development prior to placement of these items in the City of Milwaukee public right-of-way
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, De Ja Vu Consignments LLC, 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 $100,000 covering bodily injury to any one person and $300,000 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 66.0425 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 18, 2003
030417