City of Milwaukee - File #: 130089

• File #: 130089
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 4/30/2013
• In control: COMMON COUNCIL
• Final action: 11/26/2013
• Title: Substitute resolution granting a special privilege to Carmelino and Concepcion Capati to construct and maintain a kitchen hood vent in the public right-of-way for the premises at 1125 North Old World Third Street, in the 4th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: SPECIAL PRIVILEGE PERMITS

Date	Ver.	Action By	Action	Result	Tally
12/5/2013	1	MAYOR	SIGNED
11/26/2013	1	COMMON COUNCIL	ADOPTED	Pass	15:0
11/19/2013	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Mike Loughran, Dept. of Public Works, at the table.	Pass	5:0
11/11/2013	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
5/1/2013	0	PUBLIC WORKS 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.
4/30/2013	0	COMMON COUNCIL	ASSIGNED 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.	Fail

Number

130089

Version

SUBSTITUTE 1

Reference

Sponsor

Title

Substitute resolution granting a special privilege to Carmelino and Concepcion Capati to construct and maintain a kitchen hood vent in the public right-of-way for the premises at 1125 North Old World Third Street, in the 4^th Aldermanic District.

Analysis

This resolution grants a special privilege to Carmelino and Concepcion Capati to construct and maintain a kitchen hood vent in the public right-of-way for the premises at 1125 North Old World Third Street.

Body

Whereas, A tenant at the subject premises constructed a kitchen hood vent that projects into the adjacent east-west alley; and

Whereas, The property owners have agreed to assume the requirements of the special privilege on behalf of their tenant; and

Whereas, Said kitchen hood vent 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 Carmelino Capati and Concepcion Capati, 1117 West Brown Deer Road, Milwaukee, WI 53217 is hereby granted the following special privilege:

To construct and maintain a kitchen hood vent projecting approximately 2 feet 8 inches into the east-west 20-foot wide alley abutting the subject premises. Said 2 foot long duct is centered approximately 147 feet west of the westline of North Old World Third Street and is more than 10 feet above the adjacent alley grade. Said kitchen hood vent projects more than the 1-foot permitted by Section 245-4-29 of the Milwaukee Code of Ordinances.

Said kitchen hood vent shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

Said kitchen hood vent 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, Carmelino Capati and Concepcion Capati, 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 $35.00. 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

October 15, 2013