Number
000898
Version
ORIGINAL
Reference
971904
Sponsor
The Chair
Title
Resolution authorizing an amendment to the Agreement for Deposit of Fill between the City of Milwaukee and the Milwaukee Art Museum allowing the Art Museum to dispose of excess fill from its expansion project at the City's College Avenue South landfill site. (DPW)
Analysis
This resolution authorizes the Commissioner of Pubic Works to enter into an amended agreement with the Milwaukee Art Museum allowing the museum to deposit excess fill material from its expansion project at the City's College Avenue South landfill site. The Agreement provides that all such disposal and related work at the fill site would be at the Art Museum's expense and that the museum would indemnify the City against any future liability that could potentially result from the museum's fill.
Body
Whereas, In April of 1998, the Milwaukee Common Council approved File Number 971904 authorizing the Commissioner of Public Works to execute an Agreement for Deposit of Fill between the City of Milwaukee and the Milwaukee Art Museum; and
Whereas, That Agreement allowed the Art Museum to dispose of up to 35,000 cubic yards of excess fill from the museum expansion project at the City's College Avenue North solid waste disposal site; and
Whereas, Additional fill must now be removed from the project site; and
Whereas, It has been determined that the additional fill could possibly be accommodated at the City's College Avenue South landfill site; and
Whereas, The Milwaukee Art Museum is willing to 1) pay all costs associated with depositing the fill material, 2) pay all incremental City costs that may result from DNR review and approval of the fill plan, and 3) indemnify the City against all future liability the could potentially result from the museum fill; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Commissioner of Public Works is authorized to prepare and enter into an amended agreement with the Milwaukee Art Museum allowing the museum to deposit up to 20,000 cubic yards of fill material excavated from the museum's lakefront expansion site into the City's College Avenue South landfill facility; and, be it
Further Resolved, That prior to entering into such an amended agreement the Commissioner of Public Works shall consult with the City Attorney who shall advise whether the amended agreement adequately ensures that the museum will 1) pay all costs associated with depositing the fill material, 2) pay all incremental City costs that may result from DNR review and approval of the fill plan, and 3) indemnify the City against all future liability that could potentially result from the museum fill.
Requestor
Drafter
DPW
THM:cp
10/06/00