Number
020978
Version
SUBSTITUTE
Reference
83-277
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to M&M Property Management, LLC, for encroachment into the public right-of-way for the building at 2972-74 South 13th Street, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to M&M Property Management, LLC for encroachment of two concrete steps, one with handrail, and a back-up driveway into the public right-of-way adjacent to the building at 2972-74 South 13th Street all on the West Manitoba Street side of the property.
Body
Whereas, Tadych Furniture Company requested a special privilege to keep and maintain an existing back-up driveway in the public right-of-way and subsequently permission was granted in 1983 by adoption of Common Council Resolution File Number 83-277; and
Whereas, Tadych Furniture Company became M&M Property Management, LLC; and
Whereas, A site visit revealed the presence of one previously existing concrete step that accesses the main entrance to the premise at 2974 South 13th Street and one previously existing concrete step that was left after the doorway it accessed was bricked closed; and
Whereas, For the liability to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 83-277 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that M&M Property Management, LLC, 2974 South 13th Street, Milwaukee, WI 53215, is hereby granted the following special privileges:
1. To keep, use, and maintain one backup driveway centered approximately 118 feet east of the eastline of South 13th Street within the north 13-foot wide sidewalk area of West Manitoba Street. The door is approximately 8 feet wide. Vehicles using the backup driveway shall park in such a way so they do not project past the centerline of the street.
2. To keep and maintain one concrete step approximately 1-foot wide and 3 feet 5 inches long, centered approximately 95 feet east of the eastline of South 13th Street within the north 13-foot wide sidewalk area of West Manitoba Street.
3. To keep, use, and maintain one concrete step approximately 1-foot wide and 8 feet 6 inches long, centered approximately 52 feet east of the eastline of South 13th Street within the north 13-foot wide sidewalk area of West Manitoba Street. Said concrete step has a 3-foot 4-inch tall handrail and is covered with a firmly adhered carpet.
Said above-mentioned items shall be used, kept, and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services.
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 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, M&M Property 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $5,000.00 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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 $115.73. 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 no 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
Draftor
Infrastructure Services Division
MDL:lja
December 29, 2004
020978