City of Milwaukee - File #: 121511

• File #: 121511
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 2/27/2013
• In control: PUBLIC WORKS COMMITTEE
• Final action: 11/5/2013
• Title: Substitute resolution granting a special privilege to Jake’s Delicatessen Inc to construct two gate swing projections in the public right-of-way for the premises at 1634 West North Avenue, in the 15th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
11/12/2013	1	MAYOR	SIGNED
11/5/2013	1	COMMON COUNCIL	ADOPTED	Pass	15:0
10/22/2013	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
10/17/2013	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/17/2013	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
3/1/2013	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.
2/27/2013	0	COMMON COUNCIL	ASSIGNED TO

Number

121511

Version

SUBSTITUTE 1

Reference

Sponsor

Title

Substitute resolution granting a special privilege to Jake's Delicatessen Inc to construct two gate swing projections in the public right-of-way for the premises at 1634 West North Avenue, in the 15^th Aldermanic District.

Analysis

This resolution grants a special privilege to Jake's Delicatessen Inc to construct two double gates that when opened project into the public right-of-way for the premises at 1634 West North Avenue.

Body

Whereas, The applicant is requesting permission to construct and maintain two double gates that when opened project into the adjacent east-west alley; and

Whereas, Said gate swings may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that Jake's Delicatessen Inc, 1634 West North Avenue, Milwaukee, WI 53205 is hereby granted the following special privilege:

To construct and maintain two sets of double gate swings that when open project into the adjacent 15-foot wide, east-west alley. Each pair of chain link gates is 13 feet 4 inches long and comprised of two single, 6-foot 8-inch long gates. The fence containing the gates is 1-foot 3-inches south of the southline of the alley so that each gate, when fully open, projects 5 feet 5 inches into the alley right-of-way. Said gate swings are centered approximately 12 and 25 feet east of the eastline of North 17^th Street.

Said gate swings shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said gate swings shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of 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, Jake's Delicatessen Inc, shall:

1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
3. File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
5. Pay to the City Treasurer an annual fee, which has an initial amount of $79.60. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
7. 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 and 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 or removal for such purposes.
9. 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 1^st of each year.
11. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.

Requestor

Department of Public Works

Drafter

Infrastructure Services Division

MDL:clm

September 20, 2013