NUMB:
981401
VERS:
SUBSTITUTE
REF:
59-2737c
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Arthur McCarthy to erect and maintain an awning and a gas street light in the public right-of-way at 775 North Jackson Street, to now grant permission for the awning and a planter to remain and to change the name of the grantee of the special privilege to Jaime's Cantina, Inc., in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Arthur McCarthy to erect and maintain an awning and a gas street light located in the public right-of-way of North Jackson Street in front of the premises at 775 North Jackson Street to now grant permission for the awning and a planter to remain and to change the name of the grantee of the special privilege to Jaime's Cantina, Inc.
BODY:
Whereas, Arthur McCarthy was granted a special privilege under Common Council Resolution File Number 59-2737 to erect and maintain an awning then under Common Council Resolution File Number 59-2737b was allowed to also install a gas street light that encroaches into the right-of-way of North Jackson Street in front of the premises at 775 North Jackson Street; and
Whereas, A subsequent name change assignment took place under Common Council Resolution File Number 59-2737-c; and
Whereas, The present occupant of the premises is now Jaime's Cantina, Inc. and should now be named as the grantee of the special privilege; and
Whereas, Field inspection found that the gas street light has been removed from the public right-of-way but a moveable planter abuts the building; and
Whereas, Said remaining items may only legally occupy the public way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 59-2737, 59-2737-a, 59-2737-b and 59-2737-c are hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Jaime's Cantina, Inc., 2151 South 10th Street, Milwaukee, WI 53215-2746 is hereby granted the following special privilege:
1. To keep and maintain an 8-foot 6-inch wide stationary fabric awning extending approximately 7 feet 6 inches into the 15-foot wide west sidewalk area of North Jackson Street, adjacent to 775 North Jackson Street. The awning is attached to the building above the main entry door to the premises, centered approximately 162 feet south of the southline of East Wells Street. The clear height from the sidewalk to the awning frame is approximately 7 feet 4 inches, and from the sidewalk to the skirt of the awning fabric is 6 feet 5 inches.
2. To keep and maintain an approximate 2 foot diameter moveable planter abutting the building near the entrance in the public right-of-way adjacent to 775 North Jackson Street.
Said stationary fabric awning and planter shall be maintained 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, Jaime's Cantina, Inc., 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
February 8, 1999
981401