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File #: 090479    Version:
Type: Ordinance Status: Passed
File created: 9/1/2009 In control: PUBLIC WORKS COMMITTEE
On agenda: 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 in and across West State Street approximately 108 feet east of the east line of North 41st Street in the 15th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 308 (Common Council File Nos. 83999 and 83999-a).
Sponsors: THE CHAIR
Indexes: SUBTERREANEAN SPACE LEASES
Attachments: 1. Subterranean Lease petition, 2. Email from Dept of Public Works re revised Subsurface easement exhibit, 3. Revised Subsurface easement exhibit, 4. Letter from Air and Subterranean Space Committee, 5. Lease, 6. Fiscal Note, 7. City Plan Commission Letter.pdf, 8. 9-30-09 Letter from Atty. John Finerty, 9. Hearing Notice List, 10. Notice Published on 10-29-09
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/29/20091 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/14/20091 MAYOR SIGNED   Action details Meeting details Not available
10/13/20091 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
9/30/20091 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		Pass5:0 Action details Meeting details Not available
9/24/20091 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/23/20091 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/10/20090 PUBLIC WORKS COMMITTEE REFERRED TO   Action details Meeting details Not available
9/10/20090 PUBLIC WORKS COMMITTEE REFERRED TO   Action details Meeting details Not available
9/10/20090 PUBLIC WORKS COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Terry MacDonald at 286-2233.		   Action details Meeting details Not available
9/1/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

090479

Version

SUBSTITUTE 1

Reference

83999

83999-a

Special Privilege 308

Sponsor

THE CHAIR

Title

A substitute ordinance granting a subterranean space lease to MillerCoors, LLC to occupy and maintain an existing underground tunnel in and across West State Street approximately 108 feet east of the east line of North 41st Street in the 15th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 308 (Common Council File Nos. 83999 and 83999-a).

 

Analysis

In accordance with state law, this ordinance will grant a subterranean space lease to MillerCoors, LLC to continue occupying and maintaining an existing tunnel beneath a portion of West State Street approximately 108 feet east of the east curb line of North 41st Street in the City of Milwaukee.  The lease will replace and supersede Special Privilege No. 308 (Common Council File Nos. 83999 and 83999-a) 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 ยง 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 underground tunnel approximately five feet wide by six feet high, the center line of said tunnel being 108 feet east of the east line of North 41st Street and extending across West State Street in a slightly northwesterly direction, 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. 090479 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

1029-2008-2423:148500

09/15/2009