Number
051642
Version
SUBSTITUTE 1
Reference
930850
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to JWK Management, LLC for change of ownership for wood steps for the premises at 1208-1212 East Brady Street, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to JWK Management, LLC for wood steps previously granted permission for the premises at 1208-1212 East Brady Street.
Body
Whereas, Julilly W. Kohler petitioned for a special privilege to keep and maintain a sidewalk café, steps and a flower box in the public right-of-way; and
Whereas, Permission for said items was granted in 1993 under Common Council File Number 930850; and
Whereas, JWK Management, LLC now owns the property; and
Whereas, A special privilege is no longer necessary or required for a sidewalk café per Section 245-4.28 of the Milwaukee Code of Ordinances; and
Whereas, The aforementioned flower box no longer exists in the public right-of-way; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 930850 is hereby rescinded; and, be it
Further Resolved, That JWK Management, LLC, 1224 East Brady Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privilege:
To keep and maintain three sets of wooden steps with handrails in front of the three entrances to the building at 1208-1212 East Brady Street. Each set of steps is 4 feet wide and encroaches approximately 3 feet 4 inches into the 13-foot wide, fully paved north sidewalk area of East Brady Street. The 34-foot wide building is located approximately 60 feet east of the eastline of North Franklin Street.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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, JWK Management, LLC 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 such bond to be approved by the City Attorney. This 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 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled 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 $95.00. 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 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 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 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:lja
May 18, 2006
051642