NUMB:
990276
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Nicholas and Vivian Anton to install and maintain an antique-style clock on the sidewalk area adjacent to 620 West Historic Mitchell Street, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution granting a special privilege to Nicholas and Vivian Anton to install and maintain an antique-style clock on the sidewalk area adjacent to 620 West Historic Mitchell Street.
BODY:
Whereas, Nicholas and Vivian Anton wish to install and maintain an antique-style clock on the sidewalk area adjacent to their business at 620 West Historic Mitchell Street; and
Whereas, Said clock 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 Nicholas and Vivian Anton, 620 West Historic Mitchell Street, Milwaukee, WI 53204-3512, are hereby granted the following special privilege:
To install and maintain a clock on the 12-foot wide fully concrete paved sidewalk area on the north side of West Historic Mitchell Street, adjacent to 620 West Historic Mitchell Street. The clock is to be located approximately 9 feet 8 inches south of the northline of West Historic Mitchell Street and 12 feet west of the westline of the north-south alley bounded by West Historic Mitchell Street, West Maple Street, South 6th Street and South 7th Street and
Underground electrical conduit will be located in the north sidewalk area of West Historic Mitchell Street, adjacent and perpendicular to the premises, to provide power for the clock. Said clock and electrical circuitry shall be installed and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services and all necessary permits shall be procured from the Departments of Public Works and Neighborhood Services/City Development. No alteration or replacement of any item may be made without the written approval of these Departments.
An "as-built" plan shall be submitted to the City Engineer, indicating the actual location of the clock and conduit and the depths of the footing and conduit.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantees, Nicholas and Vivian Anton, 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $50,000 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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
July 13, 1999
990276