Number
050058
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Mr. Alex White to allow the placement of two sitting stones, a trash container and a moveable planter in the public right-of-way abutting his premises at 1658 West Hopkins Street, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution would allow Mr. Alex White to place two sitting stones (benches), a moveable planter and a trash container in front of his barber shop at 1658 West Hopkins Street in the public right-of-way.
Body
Whereas, Mr. Alex White desires to place two sitting stones (benches), a moveable planter and a trash container on the public sidewalk in front of his barber shop located in his building at 1658 West Hopkins Street; and
Whereas, This cannot occur without the adoption of a resolution granting him a special privilege by the Common Council; and
Whereas, The north sidewalk area of West Hopkins Street is 8 feet in width, the stones and a person sitting, including their legs and feet, would reasonably occupy at least 3 feet, and parking is allowed along the street curb; and
Whereas, The placement of the street furniture may constrict pedestrian movement; and
Whereas, If a resolution was adopted and subsequently, the placement and usage of the stones became a problem, the permission could be removed, by rescinding the resolution; and
Whereas, A resolution has been prepared for the Public Improvements Committee and Common Council's consideration; now, therefore, be it
Resolved, That Mr. Alex White, P.O. Box 510585, Milwaukee, WI, 53203, is hereby granted the following special privileges:
1. To place, use and maintain two sitting stones to be used as benches of the size and the locations as follows: 4-feet long, 12-inches deep and 18 inches high, centered approximately 107 and 118 feet northwesterly of the northline of West Chambers Street, and on the northline of West Hopkins Street.
2. To place, use and maintain a trash container centered located approximately 100 feet northwesterly of the northline of West Chambers Street and on the northline of West Hopkins Street.
3. To place, use and maintain a moveable planter located approximately 112 feet northwesterly of the northline of West Chambers Street and on the northline of West Hopkins Street.
4. To keep, use and maintain a triangular portion of a concrete step located within the public right-of-way abutting 1658 West Hopkins Street at the north end of the building. It encroaches approximately 0.8 feet for a length of approximately 1.7 feet.
Said above-mentioned items shall be constructed, installed, placed, used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall be obtained prior to the placing of said items.
Said items 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, Mr. Alex White, 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 $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 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 66.0425 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
MDL:cjt
June 10, 2005
050058