City of Milwaukee - File #: 090466

• File #: 090466
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 7/28/2009
• In control: PUBLIC WORKS COMMITTEE
• Final action: 10/13/2009
• Effective date: 10/30/2009
• Title: A substitute ordinance granting a subterranean space lease to MillerCoors, LLC to occupy and maintain an existing underground tunnel, across and beneath West State Street in the vicinity of 4002 W. State Street in the 15th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 428 (Common Council File No. 481496).
• Sponsors: THE CHAIR
• Indexes: SUBTERREANEAN SPACE LEASES

Date	Ver.	Action By	Action	Result	Tally
10/29/2009	1	CITY CLERK	PUBLISHED
10/14/2009	1	MAYOR	SIGNED
10/13/2009	1	COMMON COUNCIL	PASSED	Pass	15:0
9/30/2009	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individuals present: Clark Wantoch, Dept. of Public Works Tom Miller, Assistant City Attorney Brian C. Randall, Friebert, Finerty & St. John, S.C. John D. Finerty, Friebert, Finerty & St. John, S.C. Alex Runner, Staff Assistant to President Willie Hines	Pass	5:0
9/24/2009	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/23/2009	1	CITY CLERK	DRAFT SUBMITTED
8/5/2009	0	CITY CLERK	REFERRED TO
8/5/2009	0	CITY CLERK	REFERRED TO
8/5/2009	0	CITY CLERK	REFERRED TO
7/28/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

090466

Version

SUBSTITUTE 1

Reference

481496

Special Privilege 428

Sponsor

THE CHAIR

Title

A substitute ordinance granting a subterranean space lease to MillerCoors, LLC to occupy and maintain an existing underground tunnel, across and beneath West State Street in the vicinity of 4002 W. State Street in the 15^th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 428 (Common Council File No. 481496).

Analysis

In accordance with state law, this ordinance will grant a subterranean space lease to MillerCoors, LLC to continue occupying and maintaining an existing underground tunnel across and beneath West State Street approximately 230 feet east of North 41st Street in the City of Milwaukee.  The lease will replace and supersede Special Privilege No. 428 (Common Council File No. 481496) previously granted for the tunnel.

Body                     

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.   FINDINGS.  In accordance with the provisions of § 66.0915(4), Wis. Stats. (2007-2008), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee, through the proper City officials, enter into a lease with MillerCoors, LLC for an existing underground tunnel across and beneath West State Street, approximately 230 feet east of North 41st Street, and the Common Council of the City of Milwaukee hereby finds that such subterranean space is not needed for street, alley or other public purposes and that the underground tunnel will continue to serve the public interest in promoting industry in the City of Milwaukee.

Part 2.  Attached and made part of Common Council File No. 090466 is a copy of the lease in substantially the same form as the lease that will be signed.

Part 3.  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

Part 4.  The Department of City Development, through its real estate section, shall process, with City department funds, the recording of this ordinance with the Milwaukee County Register of Deeds and shall forward the recording information complete with a final copy of the ordinance and lease to the City Engineer and the City Comptroller.

Part 5.  This ordinance shall take effect and be in force from and after its passage and publication.

LRB

APPROVED AS TO FORM

_________________________

Legislative Reference Bureau

Date:_____________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

________________________

Office of the City Attorney

Date:____________________

Requestor

CA

Drafter

TDM/tdm

1029-2008-2423:148495

7/29/2009