Fiscal Note
No expenditure required.
Title
Authorizing the Common Council to accept ownership from Capitol Neighborhoods, Inc., of a "Little Library" located within Brittingham Park, at 388 S. Bassett Street.
Body
WHEREAS, Capitol Neighborhoods, Inc. wishes to install and maintain a Little Library within Brittingham Park, near the easterly entrance of the dog park west of Broom Street, as shown on Exhibit A and illustrated on Exhibit B; and
WHEREAS, the placement and installation of the Little Library was approved by the Board of Parks Commissioners at their meeting on April 11, 2012; and
WHEREAS, representatives from the Offices of the City Attorney, Building Inspection, Engineering, Planning, Traffic Engineering and Risk Management have reviewed this request and conditionally approved the placement and installation of the Little Library; and
WHEREAS, Capitol Neighborhoods, Inc. will transfer ownership of the Little Library to the City after it has been installed, in exchange for the ongoing maintenance of the library by Capitol Neighborhoods, Inc.; and
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison accepts ownership from Capitol Neighborhoods, Inc. of a Little Library located within Brittingham Park, near the easterly entrance of the dog park west of Broom Street, as shown on attached Exhibit A and illustrated on Exhibit B; subject to the following conditions:
1. Capitol Neighborhoods, Inc. shall be responsible for all costs of installation and maintenance of the Little Library.
2. Capitol Neighborhoods, Inc. shall locate the Little Library at a specific location, to be approved by the Parks Superintendent.
3. Capitol Neighborhoods, Inc. shall be responsible for locating all underground utility services in the areas of library placement, shall contact Diggers Hotline prior to any excavation activities, and have all utilities properly marked.
4. Capitol Neighborhoods, Inc. shall comply with all Madison General Ordinances regarding the construction and installation of the Little Library within public rights-of-way, including any and all City of Madison permits for excavation and installation, if applicable.
5. The City shall not be held responsible for any damage to the Little Library that may be caused by the City, its employees, contractors, or others.
6. Capitol Neighborhoods, Inc. shall monitor the Little Library for objectionable materials and remove materials that may be construed as such.
7. The City may remove the Little Library if not properly maintained, by giving Capitol Neighborhoods, Inc. sixty (60) days written notice prior to removal. Capitol Neighborhoods, Inc. is responsible for any reasonable costs associated with such removal.
8. The City may remove the Little Library if the area occupied by it is required for transportation or other public purposes, by giving Capitol Neighborhoods, Inc. sixty (60) days written notice prior to removal. Transportation purposes include, without limitation because of enumeration, public alleys, streets, highways, bike paths, sidewalks, and facilities for the development, improvement and use of public mass transportation systems.