City of Milwaukee - File #: 001662

• File #: 001662
• Version: 1
• Type: Charter Ordinance
• Status: Passed
• File created: 3/20/2001
• In control: PUBLIC WORKS COMMITTEE
• Final action: 9/25/2001
• Effective date: 12/10/2001
• Title: A substitute charter ordinance relating to the Captain Frederick Pabst theater board.
• Sponsors: CHAIR
• Indexes: AGREEMENTS, CHARTER ORDINANCES, CITY PROPERTY, PABST THEATER

Date	Ver.	Action By	Action	Result	Tally
10/11/2001	1	CITY CLERK	PUBLISHED
10/4/2001	1	MAYOR	SIGNED
9/25/2001	1	COMMON COUNCIL	PASSED	Pass	15:0
9/12/2001	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
9/6/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/6/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/6/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/6/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/6/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
3/26/2001	1	CITY CLERK	DRAFT SUBMITTED
3/21/2001		PUBLIC WORKS COMMITTEE	REFERRED TO
3/20/2001	0	COMMON COUNCIL	ASSIGNED TO

Number

001662

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute charter ordinance relating to the Captain Frederick Pabst theater board.

Sections

16-12-4 rc

Analysis

This charter ordinance amends the provisions of the city charter relating to the ownership of the property controlled by the Captain Frederick Pabst theater board.  As permitted by 1999 WisAct 112, this charter ordinance authorizes the board to transfer the property to any other party, private or public.  If the property is transferred to a private, for-profit entity, the city must receive fair market compensation for it.  Further, the entity to which the property is transferred must assume responsibility for all contracts in place at the time of the transfer.  Any transfer must be approved by the common council.  This ordinance also repeals a current provision of the charter prohibiting the board from transferring the theater to Milwaukee county.

Body

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

Part 1.  Section 16-12-4 of the charter is repealed and recreated to read:

16-12.  Captain Frederick Pabst Theater Board.

4. PROPERTY.  a.  Title to all property, real or personal, of the theater may be in the name of the city of Milwaukee and may be held by the city of Milwaukee perpetually for such purposes, but the board shall determine the use to which the property shall be devoted under this section.

b.  Subject to the approval of the common council, the board may enter into a transfer agreement with another person to provide the terms and conditions upon which the board may transfer any of the city's interests in an existing theater.  A transfer may take the form of a sale, lease of other conveyance and may be with or without financial consideration, except that if the transfer is made to a private, for-profit entity, the transfer shall be for fair market financial consideration.  A transfer agreement shall require the transferee to accept an assignment of all contracts with other persons with respect to the transferred theater that are in force at the time of the transfer except that this provision does not apply to collective bargaining contracts.

Part 2.  This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed under s. 66.0101(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting.

LRB

APPROVED AS TO FORM

_________________________

Legislative Reference Bureau

Date:_____________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFOCEABLE

________________________

Office of the City Attorney

Date:____________________

Requestor

Drafter

01132-1

jro

03/22/01