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File #: 160679    Version:
Type: Ordinance Status: Passed
File created: 9/20/2016 In control: COMMON COUNCIL
On agenda: Final action: 1/18/2017
Effective date: 2/4/2017    
Title: A substitute ordinance to grant a subterranean space lease to MD Fifth Ward Properties, Inc. to occupy and maintain an underground tunnel across West Barclay Street connecting the buildings known as 300 S. Barclay Street and 139 East Oregon Street, in the 12th Aldermanic District.
Sponsors: THE CHAIR
Indexes: SUBTERREANEAN SPACE LEASES
Attachments: 1. Subterranean Space Lease Petition, 2. Department of City Development Letter, 3. Department of Public Works Letter, 4. City Plan Commission Letter.pdf, 5. Lease, 6. MD Fifth Ward Tunnel Easement Exhibit-Revised, 7. Notice Published 2-3-17
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
2/3/20171 CITY CLERK PUBLISHED   Action details Meeting details Not available
1/26/20171 MAYOR SIGNED   Action details Meeting details Not available
1/18/20171 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Video Video
1/5/20170 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Karen Dettmer - DPW Corey Lapworth - Continum Architects
Pass5:0 Action details Meeting details Video Video
12/5/20160 CITY PLAN COMMISSION RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: Condition: provide the vertical extents of the tunnel to confirm the annual lease amount
Pass5:0 Action details Meeting details Not available
9/22/20160 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 Molly Kuether at 286-2775 MollyKuether@milwaukee.gov
   Action details Meeting details Not available
9/20/20160 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

160679

Version

Substitute 1

Reference

 

Sponsor

THE CHAIR

Title

A substitute ordinance to grant a subterranean space lease to MD Fifth Ward Properties, Inc. to occupy and maintain an underground tunnel across West Barclay Street connecting the buildings known as 300 S. Barclay Street and 139 East Oregon Street, in the 12th Aldermanic District.

Analysis

In accordance with state law, this ordinance will grant a subterranean space lease to M.D. Fifth Ward Properties, Inc. for the purpose of using and maintaining an existing tunnel connecting the properties at 139 East Oregon Street and 300 South Barclay Street in the City of Milwaukee, 3rd Aldermanic District.

Body                     

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

 

Part 1:   FINDINGS.  In accordance with the provisions of sec. 66.0915(3), Wis. Stats., (2013-2014), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee, through the proper city officers, enter into a subterranean space lease with M.D. Fifth Ward Properties, Inc. for a term of 99 years for the purpose of allowing Lessee to maintain and use an existing tunnel connecting the properties at 139 East Oregon Street and 300 South Barclay Street, as described in the lease, and the Common Council of the City of Milwaukee hereby finds that the area described in the lease is not needed for street, alley or other public purposes and that the public interest will be served inasmuch as the leasing of the subterranean space will aid in the development of the neighborhood.

 

Part 2. Attached and made part of Common Council File No. 160679 is a copy of such 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, at the expense of the Lessee, the recording of this ordinance and the executed lease 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

 

Drafter                     

                                          

1029-2016-1880:234703