Number
221184
Version
ORIGINAL
Reference
141123
Sponsor
THE CHAIR
Title
Resolution approving an Operating Agreement with Ventures Endurance, LLC for staging of the 2023 Milwaukee Marathon in the City of Milwaukee
Analysis
This resolution authorizes an Operating Agreement with Ventures Endurance, LLC for the staging of the 2023 Milwaukee Marathon in the City of Milwaukee on March 26, 2023.
Body
Whereas, Ventures Endurance, LLC, whose address is 85 Devonshire St. 9th Floor, Boston, MA 02109, desires to stage on March 26, 2023, a marathon, half-marathon, and 5K distance-running event named the 2023 Milwaukee Marathon (“the Event”); and
Whereas, The City has entered into operating agreements with previous organizers for the staging of the previous versions of the Event; and
Whereas, As with the previous Milwaukee Marathons, the Event’s route is proposed to be entirely within the geographic boundaries of the City; and
Whereas, The staging of the Event requires significant City resources, particularly Milwaukee Police Department and Department of Public Works resources relating to traffic control before, during and after the Event; and
Whereas, the Department of Public Works does not have sufficient traffic control equipment needed for the Event; and
Whereas, By Resolution 141123, adopted on November 25, 2014, the Common Council found that City taxpayers should not bear the costs of City services provided to support the Event, but, rather, that the City should fully recover those costs from the event organizer; and
Whereas, The Commissioner of Public Works is authorized to approve or deny special event permit applications according to the criteria set forth in MCO §§ 105-55.5-2-c-1 to c-11; and
Whereas, The Commissioner has determined that in the absence of an operating agreement, a special event permit would not meet the criteria in § 105-55.5-2-c-1 because the Event is of such a size or nature requiring the diversion of so great a number of police officers, ambulances or other emergency services as to deny reasonable emergency services to the city as a whole; and
Whereas, The Commissioner has determined that in the absence of an operating agreement, a special event permit would not meet the criteria in § 105-55.5-2-c-2 because the time, route, size and nature of the Event will unreasonably disrupt the safe and orderly use of any street or any public, or material portion thereof, which is ordinarily subject to great congestion or traffic at the proposed time, or substantially interrupt the safe and orderly movement of other traffic; and
Whereas, The Common Council reaffirms its finding that City of Milwaukee taxpayers should not be required to bear the costs of City services provided to support the Event, but, rather, that the City should fully recover those costs from Ventures Endurance, LLC; and
Whereas, The City Attorney’s Office has prepared the attached operating agreement for the Common Council’s review and approval; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the attached Operating Agreement between the City of Milwaukee and Ventures Endurance, LLC for Staging of the 2023 Milwaukee Marathon is approved; and, be it
Further Resolved, That the proper City officials are authorized to execute an Operating Agreement with Ventures Endurance, LLC that is substantially the same as the draft Operating Agreement attached to this file.
Requestor
City Attorney
Drafter
THOMAS D. MILLER:tdm
January 20, 2023
1047-2023-1471:282532