Number
001080
Version
ALL MEMBERS OF THE PUBLIC IMPROVEMENTS COMMITTEE
Reference
Sponsor
The Chair
Title
Resolution authorizing the Commissioner of Public Works to enter into a letter agreement with the Women's Club of Wisconsin which would allow the club to erect and maintain a sculpture in the Kilbourn Avenue median between North Marshall and North Cass Streets. (DPW)
Analysis
This resolution authorizes the Commissioner of Public Works to enter into a letter agreement with the Women's Club of Wisconsin allowing the club to install and maintain a sculpture in the Kilbourn Avenue median between North Cass and North Marshall Streets.
Body
Whereas, The Women's Club of Wisconsin is celebrating its 125th anniversary in 2000; and
Whereas, The Club wishes to commemorate its anniversary by installing a sculpture in the Kilbourn Avenue median between North Cass and North Marshall Streets; and
Whereas, The proposed location is adjacent to the Club's headquarters at 813 East Kilbourn Avenue; and
Whereas, The Women's Club will be directly responsible for maintenance of its sculpture; and
Whereas, The proposed sculpture may only occupy City right-of-way upon approval of the Common Council; and
Whereas, Public art can enliven the community and enhance its livability; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Commissioner of Public Works is authorized to enter into a letter agreement with the Women's Club of Wisconsin for the purpose of installing and maintaining a sculpture in the Kilbourn Avenue median between North Cass and North Marshall Streets subject to the following:
1. The sculpture shall be installed in a location and in a manner that does not interfere with existing public improvements and the delivery of public services.
2. The Women's Club of Wisconsin shall hold the City of Milwaukee or its agents harmless and accept responsibility for any and all liabilities that may arise through implementation of the permission granted herein.
3. The Women's Club of Wisconsin shall agree that if and when its sculpture is deemed by the Club to be no longer desirable in its location or if ordered removed for public necessity, not only to remove the sculpture but also to restore to its former condition, or a condition determined to be acceptable by the Commissioner of Public Works, the site of the sculpture. The Women's Club shall not be entitled to any damages for such removal and site restoration regardless of the circumstances of sculpture removal.
4. The Women's Club of Wisconsin shall agree to assume full responsibility for maintenance of its sculpture. Should the sculpture not be adequately maintained, the Commissioner of Public Works may, at his discretion and after notice to the Women's Club allowing it adequate time to cure the deficiency, remove the sculpture or undertake the necessary maintenance and bill the Women's Club for the cost;
and, be it
Further Resolved, That the rights and privileges herein granted and obligations herein assigned may be reassigned or transferred by the permit holder to another party upon the written permission of the Commissioner of Public Works.
Requestor
Drafter
The Department of Public Works
THM:cp
11/01/00
Clerical error corrected 11/16/00, per Tom Miller, DPW-Infra. mbh