NUMB:
980981
VERS:
SUBSTITUTE
REF:
86-846
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Berbaum Millwork, Inc. to construct, operate and maintain three backup driveways in the public right-of-way adjacent to their property located at 3403 West Kiehnau Avenue, to now change the name of the grantee of the special privilege to Kiehnau Investments, in the 9th Aldermanic District in the City of Milwaukee.
ANLS:
_____________________________________________________ - Analysis -
This resolution amends a special privilege granted to Berbaum Millwork, Inc. to construct, operate and maintain three backup driveways in the public right-of-way on the south side of West Kiehnau Avenue, adjacent to the premises known as 3403 West Kiehnau Avenue, to now change the name of the grantee of the special privilege to Kiehnau Investments. _______________________________________________________________
BODY:
Whereas, Berbaum Millwork, Inc. was granted a special privilege under Common Council Resolution File Number 86-846, on September 23, 1986, to construct, operate and maintain three backup driveways encroaching into the public right-of-way on the south side of West Kiehnau Avenue adjacent to the premises at 3403 West Kiehnau Avenue; and
Whereas, The current owner of the property is Kiehnau Investments and should now be named as the grantee of the special privilege; and
Whereas, The backup driveways may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 86-846 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Kiehnau Investments, a Joint Venture Agreement, 8850 North Port Washington Road, Milwaukee, WI 53217, is hereby granted the following special privilege:
To keep, maintain and use three 10-foot wide driveways between the curb and property line on the south side of West Kiehnau Avenue, approximately 41.5, 72.5 and 132.5 feet west of the westline of North Teutonia Avenue serving approximately 10-foot wide loading docks. The sidewalk area is 13 feet wide at this location, and the roadway width is 34 feet. Vehicles using said driveways during loading and unloading operations may occupy and obstruct the public right-of-way only to the centerline of West Kiehnau Avenue.
Said backup driveways shall be used and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services.
At such future time that the driveways, individually or combined, are no longer needed, they shall be removed from the public right-of-way 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, Kiehnau Investments, a Joint Venture Agreement, 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 $3,000.00 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 $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. 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 $172.17. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JM:cjt
October 22, 1999
980981