Number
020387
Version
SUBSTITUTE
Reference
931095
Sponsor
THE CHAIR
Title
Substitute resolution granting a name change amendment to a special privilege to Wisconsin Correctional Foundation Inc. to keep and maintain a stationary awning with lettering, in the public right-of-way in excess of the Code at 3716-32 West Wisconsin Avenue, in the new 15th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants permission to install and maintain a stationary awning with lettering in the public right-of-way abutting the premises at 3716-32 West Wisconsin Avenue, which deviates from the provisions of Section 245-6.5 of the Code of Ordinances.
Body
Whereas, Wisconsin Correctional Foundation Inc. is the present owner of the property at 3716-32 West Wisconsin Avenue; and
Whereas, A previous owner desired to install a stationary awning on their building at 3716-32 West Wisconsin Avenue and since the proposed awning was not in conformance with Code provisions for stationary awnings relating to encroachment and size of lettering, it was required that to deviate from these provisions it was required that a resolution be adopted by the Common Council; and
Whereas, Common Council Resolution File Number 931095 was adopted on November 9, 1993, to grant their request; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 931095 is hereby rescinded; and, be it
Further Resolved, That Wisconsin Correctional Foundation Inc., a Wisconsin corporation, 3716-32 West Wisconsin Avenue, Milwaukee, WI 53203 is hereby granted the following special privileges:
1. To keep and maintain an approximate 26.75-foot wide stationary awning on the building at 3716-32 West Wisconsin Avenue. Said awning projects approximately 7.0 feet into the 8-foot wide sidewalk area, on the north side of West Wisconsin Avenue, centered approximately 216 feet west of the westline of North 37th Street. Said projection is approximately 3 feet in excess of the allowable 4 feet.
2. To keep and maintain the name, street number, and character of the business painted with letters larger than the 6 inches allowable on the fabric, varying from 9 inches to 42 inches (first letter of the name) on the stationary awning in item #1 above.
Said fixed awning shall have been constructed in accordance with all of the requirements set forth in the Code of Ordinances section 245-6.5 except those indicated above. The awning shall have been designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. There shall not be less than 8.6 feet of clearance between any point of the fixed awning and the sidewalk grade directly below the awning. The covering shall be of an approved material.
Said awning and painting shall have been constructed and shall be maintained to the approval of the Commissioners of Public Works and the Department of Neighborhood Services. Prior to installation, permits shall have been obtained from the Commissioner of City Development for the structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction, as applicable
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Wisconsin Correctional Foundation 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 $10,000.00 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 $100,000 covering bodily injury to more than one person in any one accident and $40,000 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 $50.97. 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
March 15, 2004
020387