City of Milwaukee - File #: 080850

• File #: 080850
• Version: 2
• Type: Resolution
• Status: Passed
• File created: 10/7/2008
• In control: PUBLIC WORKS COMMITTEE
• Final action: 12/16/2008
• Title: Substitute resolution authorizing the assignment to the City of Mequon of the Agreement Between the City of Milwaukee and We Energies for the Purchase of Water at Wholesale.
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS, WATER SALES, WATER WORKS

Date	Ver.	Action By	Action	Result	Tally
12/22/2008	2	MAYOR	SIGNED
12/16/2008	2	CITY CLERK	DRAFT SUBMITTED
12/16/2008	2	COMMON COUNCIL	ADOPTED; Minutes note: As substituted.	Pass	14:0
12/16/2008	1	COMMON COUNCIL	SUBSTITUTED	Pass	14:0
12/16/2008	1	COMMON COUNCIL	ADOPTED; Minutes note: Ald. Dudzik withdrew an earlier motion to substitute. Notwithstanding the recommendation of the Committee. Ald. Murphy moved that the Common Council enter the Committee of the Whole for the purpose of hearing from the Superintendent and the Water Works. With three objections, so ordered. Ms. Carrie Lewis, superintendant of the Water Works, appeared and addressed the Common Council. Ald. Murphy moved that the Committee of the Whole rise. There was no objection.	Fail	5:9
12/16/2008	1	CITY CLERK	DRAFT SUBMITTED
12/16/2008	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Fail	2:3
12/16/2008	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
12/16/2008	0	PUBLIC WORKS COMMITTEE	SUBSTITUTED; Minutes note: Individuals present: Carrie Lewis, Superintendent, Water Works, Assist. City Attorney Linda Burke, Velma Sias, We Energies, Ald. Murphy, 10th Aldermanic Dist.	Pass	4:0
12/10/2008	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/9/2008	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/7/2008	0	COMMON COUNCIL	ASSIGNED TO

Number
080850
Version
Substitute 2

Reference

Sponsor
THE CHAIR

Title
Substitute resolution authorizing the assignment to the City of Mequon of the Agreement Between the City of Milwaukee and We Energies for the Purchase of Water at Wholesale.

 
Analysis
This resolution authorizes and directs the proper City officials to execute the consent document authorizing the assignment to the City of Mequon of the water service agreement with We Energies for the purchase of water at wholesale to serve areas of Mequon and the Village of Thiensville.

Body
Whereas, The Common Council under Resolution No. 030549 authorized the proper City officials to execute the renewal of the Agreement between the City of Milwaukee and Wisconsin Gas LLC d/b/a We Energies Water Services (“We Energies”) for the Purchase of Water at Wholesale (“Water Services Agreement”); and

Whereas, The Water Services Agreement is in force for ten years from and after the effective date of February 2, 2004 and automatically renews for subsequent ten-year periods; and

Whereas, We Energies and the City of Mequon entered into an Asset Purchase Agreement dated September 5, 2008 pursuant to which We Energies has agreed to sell the water system assets of We Energies to the City of Mequon; and

Whereas, The Water Services Agreement provides that neither the Agreement nor any of the rights, interests, or obligations shall be assigned by either of the parties without the prior written consent of the other party; and

Whereas, We Energies has formally requested in writing that the City of Milwaukee consent to the assignment of the Water Services Agreement to the City of Mequon; now, therefore, be it

Resolved, By the Common Council of The City of Milwaukee, that the proper City officials are hereby authorized and directed to execute the document attached to this file, granting the City of Milwaukee’s consent to the assignment of the Water Services Agreement to the City of Mequon; and, be it

Further Resolved, That the Water Works file with the Public Service Commission of Wisconsin, a fully executed copy of the consent document.

Requestor

Department of Public Works

Milwaukee Water Works

Drafter
Water Administration
CML:ps

September 26, 2008

Doc: resolution contract assignment_080926