NUMB:
970166
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Honeywell, Inc. to construct and maintain a 22-foot wide backup driveway on the north side of West Clybourn Street adjacent to 525 North 6th Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
Substitute resolution granting a special privilege to Honeywell, Inc. to construct and maintain a 22-foot wide backup driveway on the north side of West Clybourn Street adjacent to 525 North 6th Street.
BODY:
Whereas, Honeywell, Inc. proposes to construct and maintain a 22-foot wide backup driveway on the north side of West Clybourn Street to serve a proposed set of double service doors at this location; and
Whereas, Said usage may only be permitted to occur within the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Honeywell, Inc., 525 North 6th Street, Milwaukee, Wisconsin 53203, is hereby granted the following special privilege:
To construct and maintain a 22-foot wide backup driveway located on the north side of West Clybourn Street adjacent to the premises known as 525 North 6th Street to serve a set of double service doors. Said driveway will be centered approximately 60 feet west of the westline of North 6th Street in the 12-foot wide sidewalk area. Vehicles shall occupy the sidewalk area and a portion of the roadway at the north side of West Clybourn Street and allow two lanes of through traffic at all times.
Said backup driveway shall be constructed and maintained to the satisfaction of the Commissioners of Public Works and Building Inspection. All necessary permits shall be obtained from the Commissioners of Public Works and Building Inspection prior to installation.
Said backup driveway shall be removed from the public right-of-way, at such future time as it is no longer needed, to the satisfaction of the Commissioners of Public Works and Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Honeywell, Inc., a Wisconsin Corporation, 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 $2,000.00 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 $371.37. 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
June 6, 1997
970166
CATTd
special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
June 6, 1997
970166
CATT