Number
060200
Version
SUBSTITUTE
Reference
51-503
51-503-a
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Robert Anderson to keep and maintain a back-up driveway and granting permission for an additional back-up driveway for the premises at 2764-76 South 34th Street, in the 8th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to Robert Anderson to keep and maintain a back-up driveway and grants permission for an additional back-up driveway for the premises at 2764-76 South 34th Street.
Body
Whereas, William W. Boyle and John Kuehl d/b/a Kay Bee Machine Products Company requested permission to keep and maintain a back-up driveway constructed by a previous property owner, Mercury Steel Products Company; and
Whereas, Permission to keep and maintain the back-up driveway was granted in 1953 under Common Council Resolution File Number 51-503-a; and
Whereas, A site visit revealed the presence of a second back-up driveway for the subject premises; and
Whereas, Said second back-up driveway may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; 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By the Common Council of the City of Milwaukee, that Common Council File Numbers 51-503 and 51-503-a are hereby rescinded; and, be it
Further Resolved, That Robert Anderson, 3434 West St. Paul Avenue, Milwaukee, Wisconsin 53208 is hereby granted the following special privileges:
To keep and maintain a back-up driveway located on the east side of South 34th Street which serves a 10-foot wide loading dock door. Said driveway is centered approximately 40 feet north of the northline of West Montana Street. Vehicles shall occupy the sidewalk area and a portion, but no more than half, of the roadway and shall allow two-way through traffic at all times.
To keep and maintain a back-up driveway located on the east side of South 34th Street which serves a 10-foot wide loading dock door. Said driveway is centered approximately 84 feet north of the northline of West Montana Street. Vehicles shall occupy the sidewalk area and a portion, but no more than half, of the roadway and shall allow two-way through traffic at all times.
Said above-mentioned back-up driveways 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 back-up driveways 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, Robert Anderson, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $10,000 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $167.94. 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.
Owner must ensure sufficient traffic control while using the back up driveway to allow continued, safe traffic flow on South 34th Street. Traffic control measures may include, but are not limited to flag persons and traffic cones.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
July 6, 2006
060200