Number
060549
Version
SUBSTITUTE 1
Reference
59-326
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Howard Avenue Shopping Center, LLC for two backup driveways for the premises at 5001 West Howard Avenue, in the 11th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Howard Avenue Shopping Center, LLC for two backup driveways for the premises at 5001 West Howard Avenue.
Body
Whereas, Howard Avenue Shopping Center, Inc. requested permission to construct and maintain two back up driveways along West Van Beck Avenue; and
Whereas, Permission for said covered walk was granted in 1959 under Common Council File Number 59-326; and
Whereas, Howard Avenue Shopping Center, LLC now owns the property; 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 59-326 is hereby rescinded; and, be it
Further Resolved, That Howard Avenue Shopping Center, LLC, 4864 South 10th Street, Milwaukee, Wisconsin 53221, is hereby granted the following special privilege:
To keep and maintain two, 13-foot wide driveway approaches, located in the north sidewalk area of West Van Beck Avenue, centered approximately 8 feet and 39 feet west of the westline of South 50th Street. Each driveway serves one of two 4-foot 5-inch wide service doors. The West Van Beck right-of-way is 60 feet. Vehicles shall occupy the sidewalk area and a portion of the
roadway and shall be parked in such a manner so as not to project more than 8 feet beyond the south curb face of West Van Beck Avenue. Grantee is to provide sufficient traffic control to allow for continued two-way traffic while backup driveway is being used.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of 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 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, Howard Avenue Shopping Center, LLC, 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 $3,000 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 $110.03. 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 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.
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 West Van Beck Avenue. 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
September 14, 2006
060549