City of Milwaukee - File #: 090234

• File #: 090234
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/16/2009
• In control: PUBLIC WORKS COMMITTEE
• Final action: 10/13/2009
• Effective date: 10/30/2009
• Title: A substitute ordinance granting an airspace space lease to MillerCoors, LLC to occupy and maintain an existing steel truss system supporting two steam lines over and crossing North 41st Street approximately 110 feet south of the south line of West State Street in the 15th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 113 (Common Council File No. 811295).
• Sponsors: THE CHAIR
• Indexes: AIR 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
6/17/2009	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: Report and Reply or Ordiance needed
6/17/2009	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: Report and Reply or Ordiance needed
6/17/2009	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: Information needed
6/16/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

090234

Version

SUBSTITUTE 1

Reference

811295

Special Privilege 113

Sponsor

THE CHAIR

Title

A substitute ordinance granting an airspace space lease to MillerCoors, LLC to occupy and maintain an existing steel truss system supporting two steam lines over and crossing North 41^st Street approximately 110 feet south of the south line of West State Street in the 15^th Aldermanic District in the City of Milwaukee, replacing and superseding existing Special Privilege No. 113 (Common Council File No. 811295).

Analysis

In accordance with state law, this ordinance will grant an airspace space lease to MillerCoors, LLC to continue occupying and maintaining an existing steel truss system supporting two (2) steam lines with outer dimensions of approximately 5 feet wide by 5 feet high and minimum vertical clearance of 38 feet from the roadway over and crossing North 41^st Street approximately 110 feet south of the south line of West State Street in the City of Milwaukee.  The lease will replace and supersede certain rights previously granted for the steel truss system in Special Privilege No. 113 (Common Council File No. 811295).

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(3), 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 an airspace lease with MillerCoors, LLC to occupy an existing steel truss system supporting two (2) steam lines with outer dimensions of approximately 5 feet wide by 5 feet high and minimum vertical clearance of 38 feet from the roadway over and crossing North 41^st Street approximately 110 feet south of the south line of West State Street in the City of Milwaukee, and the Common Council of the City of Milwaukee hereby finds that such airspace is not needed for street, alley or other public purposes and that the steel truss system and steam lines 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. 090234 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

1029-2008-2423:148491

7/29/2009