Number
021294
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance to grant an airspace lease to Kilbourn Tower, LLC for a portion of a building to extend over the lot line at 923 East Kilbourn Avenue, and to declare that such an airspace lease is in the lease.
Analysis
In accordance with state law, this ordinance will grant an airspace lease to Kilbourn Tower, LLC for a portion of a building to extend over the lot line at 923 East Kilbourn Avenue.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1: FINDINGS. In accordance with the provisions of s.66.0915(4), Stats., (1999-2000), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee enter into a lease with Kilbourn Tower, LLC for the purpose of enabling Kilbourn Tower, LLC to construct and maintain a portion of a building to extend over the lot line at 923 East Kilbourn Avenue with the lowest part of that portion not less than 25 feet 8 inches above the sidewalk area bordering North Prospect Avenue consisting of not more than 9 feet 6 inches in width and 39 feet 8 inches in length, and the Common Council of the City of Milwaukee hereby finds that said space above the above-described streets is not needed for street, alley or other public purposes provided that the lessee meet certain conditions by the City of Milwaukee.
Part 2: The Common Council of the City of Milwaukee further finds that the public interest will be served by such leasing inasmuch as the building will continue to aid in the development of the downtown area and convenience of the public; and that Kilbourn Tower, LLC will at its own expense bear the cost of any relocating, reconstructing and abandonment of private and public improvements in the street as may become necessary.
Part 3: A copy of such lease is attached to the file and is made part of Common Council File No. 021294.
Part 4: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
Part 5: This ordinance shall take effect and be in full 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
Drafter
City Attorney
LUB:bl
1050-2002-2634
62143
1/7/2003