Number
100704
Version
SUBSTITUTE 1
Reference
060681
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to BL Restaurant Operations LLC for a covered walk for the premises at 1114 North Water Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to BL Restaurant Operations LLC for a covered walk for the premises at 1114 North Water Street.
Body
Whereas, Bar Louie Waterstreet Inc requested permission to keep and maintain a covered walk projecting into the public right-of-way; and
Whereas, Permission for said covered walk was granted in 2006 under Common Council Resolution File Number 060681; and
Whereas, BL Restaurant Operations LLC is now a tenant of the property, and
Whereas, For the liability for said covered walk to be formally transferred to the applicant, 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 060681 is hereby rescinded; and, be it
Further Resolved, That BL Restaurant Operations LLC, 1114 North Water Street, Milwaukee, Wisconsin, 53202, is hereby granted the following special privilege:
To keep and maintain a 6-foot wide covered walk projecting 9 feet 7 inches into the east, 12-foot wide sidewalk area of North Water Street. Said covered walk is centered approximately 140 feet south of the southline of West Juneau Avenue. The minimal vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wire brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The coverings shall be of approved material. All fixtures and materials for illumination of the covered walks shall be indicated on the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
The grantee is not required to keep a "Loading Zone" or "No Parking" status adjacent to the covered walk due to the high demand for parking in the vicinity of the subject premises.
Said above-mentioned covered walk shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said covered walk 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, BL Restaurant Operations LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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.
Pay to the City Treasurer an annual fee, which has an initial amount of $75.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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.
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:ns
December 15, 2010
100704