Number
061479
Version
SUBSTITUTE 1
Reference
77-220
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Light Ray Development, LLC for a backup driveway for the premises at 1929 North Buffum Street, in the 6th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Light Ray Development, LLC for a backup driveway for the premises at 1929 North Buffum Street.
Body
Whereas, Precision Properties Inc. requested permission to construct and maintain a back up driveway along North Killian Place; and
Whereas, Permission for said backup driveway was granted in 1977 under Common Council File Number 77-220; and
Whereas, Light Ray Development, 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 77-220 is hereby rescinded; and, be it
Further Resolved, That Light Ray Development, LLC, 3811 North Holton Street, Milwaukee, Wisconsin 53212, is hereby granted the following special privileges:
To keep and maintain a back up driveway in the 10-foot wide east sidewalk area of North Killian Place approximately 180 feet north of the northline of East Reservoir Street. Said driveway serves a 7-foot 7-inch wide service door. Vehicles may occupy the sidewalk area and a portion of the roadway. The grantee is to provide sufficient traffic control to allow for two-way traffic at all times while backup driveway is in use.
Said above-mentioned back up driveway shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said back up driveway 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, Light Ray Development, 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 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 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $228.01. 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 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.
7. Owner must ensure sufficient traffic control while using the back up driveway to allow continued, safe traffic flow for two-way traffic on North Killian Place at all times. 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
April 16, 2007
061479