Fiscal Note
The proposed resolution authorizes acceptance of ownership of an informational kiosk located at 833 S Midvale Blvd. The Crawford-Marlborough-Nakoma Neighborhood Association is responsible for the installation, maintenance, and repair of the kiosk. City Engineering and Risk Management have reviewed and conditionally approved the kiosk installation. No City appropriation is required.
Title
Authorizing the acceptance of ownership from Crawford- Marlborough- Nakoma Neighborhood Association of an informational kiosk located within the Southwest Commuter Path corridor at 833 S. Midvale Blvd near Odana Road. (11th AD)
Body
WHEREAS, the Crawford-Marlborough-Nakoma Neighborhood Association (“Association”) wishes to install and maintain an informational kiosk (“Kiosk”) within the Southwest Commuter Path corridor, located at 833 S. Midvale Blvd. near Odana Road, with location shown on attached Exhibit A and image depicted on attached Exhibit B; and
WHEREAS, staff from City of Madison (“City”) Engineering and the Risk Manager have reviewed this request and conditionally approved the placement and installation of the Kiosk; and
WHEREAS, the Association will transfer ownership of the Kiosk to the City after it has been installed, in exchange for the ongoing maintenance and repair of the Kiosk by the Association.
NOW, THEREFORE, BE IT RESOLVED that the City’s Common Council authorizes the acceptance of ownership from the Association of a Kiosk within the Southwest Commuter Path corridor located at 833 S. Midvale Blvd near Odana Road, with location shown on attached Exhibit A and image depicted on attached Exhibit B, subject to the following conditions:
1. The Kiosk shall be installed by the Crawford-Marlborough-Nakoma Neighborhood Association at a location approved by the City Engineering Department.
2. The Association is responsible for locating all underground utility services in the construction area, i.e., said Association shall contact Diggers Hotline prior to any excavation or construction activities.
3. The Association shall comply with all Madison General Ordinances regarding the construction and installation of the sign including any and all applicable City of Madison sign permits and permits for excavation and installation, including a City Engineering Excavation Permit, if applicable.
4. The Association shall be responsible for all costs of repair and maintenance of the Kiosk.
5. The Association shall monitor the Kiosk for objectionable materials, including graffiti, and remove materials that may be construed as such.
6. The City shall not be held responsible for any damage to the Kiosk that may be caused by the City, its employees, contractors, or others.
7. The City may remove the Kiosk if not properly maintained by giving The Association sixty (60) days written notice prior to removal. The Association is responsible for any reasonable costs associated with such removal.
8. The City may remove the Kiosk if the area occupied by it is required for park or other public purposes, by giving The Association sixty (60) days written notice prior to removal. These purposes include, without limitation because of enumeration, public alleys, streets, highways, bike paths, sidewalks, and facilities for the development, improvement and use of public lands. The City may also remove the Kiosk with no notice if directed to do so by the Wisconsin Department of Transportation or the South Central Wisconsin Rail Transit Commission.
9. The Association shall sign a Letter of Agreement that shall be memorialized by Affidavit of Recording with the Dane County Register of Deeds.