NUMB:
960393
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Johnnie Walkers, a Wisconsin Corporation, to place a table for store merchandise in the public way adjacent to 234 West Wisconsin Avenue, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Johnnie Walkers, a Wisconsin Corporation, to place a display table in the public way adjacent to 234 West Wisconsin Avenue.
BODY:
Whereas, Johnnie Walkers, a Wisconsin Corporation, desires to place a display table in the public right-of-way on the north side of West Wisconsin Avenue adjacent to the premises at 234 West Wisconsin Avenue, known as Johnnie Walkers; 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 Johnnie Walkers, a Wisconsin Corporation, is hereby granted the following special privilege:
To place a table within the north sidewalk area of West Wisconsin Avenue located approximately 60 feet east of the eastline of North Old World Third Street adjacent to the building at 234 West Wisconsin Avenue. The area to be occupied shall be limited to approximately 5.0 feet in length at a maximum encroachment of 2.0 feet into the 16.5 foot wide fully paved public sidewalk. The table shall be placed in such manner so its placement/usage will not infringe upon the through pedestrian movement at any time.
Said table shall be removed from the public right-of-way during non-business hours. No business transactions shall take place within the public right-of-way. The area that is proposed to be used shall be kept clean by Johnnie Walkers 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, 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, Johnnie Walkers 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 $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
August 21, 1996
960393
CATTaid
special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
August 21, 1996
960393
CATT