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File #: 140808    Version:
Type: Resolution Status: Passed
File created: 9/23/2014 In control: COMMON COUNCIL
On agenda: Final action: 1/17/2018
Effective date:    
Title: Resolution relating to identification of, and objection to, municipal public works projects in the We Energies service area that will involve absorption of utility relocation costs by We Energies.
Sponsors: ALD. BAUMAN
Indexes: ENERGY RESOURCES, PUBLIC IMPROVEMENTS, WE ENERGIES
Attachments: 1. We Energies Letter, 2. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/24/20181 MAYOR SIGNED   Action details Meeting details Not available
1/17/20181 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Video Video
1/4/20181 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: ACA Tom Miller - City Attorney's Office Ghassan Korban - DPW Grant Langley - City Attorney
Pass3:1 Action details Meeting details Video Video
10/1/20140 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Individual appearing: Tom Miller - Assistant City Attorney
Pass4:0 Action details Meeting details Video Video
10/1/20141 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIRPass4:0 Action details Meeting details Video Video
9/26/20140 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/26/20140 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/23/20140 COMMON COUNCIL REFERRED TOPass15:0 Action details Meeting details Video Video
Number
140808
Version
Substitute 1
Reference
Sponsor
ALD. BAUMAN
Title
Resolution relating to identification of, and objection to, municipal public works projects in the We Energies service area that will involve absorption of utility relocation costs by We Energies.
Analysis
This resolution authorizes the Department of Public Works and the City Attorney's Office to jointly identify municipal public works projects in the We Energies service area that will involve the absorption of utility relocation costs by We Energies, and file petitions at their discretion, on behalf of the City of Milwaukee as a We Energies customer and ratepayer, with the Public Service Commission of Wisconsin to object to the requirement that We Energies be required to bear utility relocation costs associated with the projects.
Body
Whereas, The Milwaukee Streetcar, a 2.1-mile modern streetcar line, is a City of Milwaukee public works project planned for Downtown Milwaukee that will protect and promote the public health, safety and general welfare of Milwaukee and its residents; and
Whereas, In October, 2011, Brett Healy, a We Energies customer and ratepayer residing in Oconomowoc, filed a petition with the Public Service Commission of Wisconsin  for a declaratory ruling from the Commission on the question of whether the cost of moving certain utility facilities to accommodate construction of the Milwaukee Streetcar can be imposed upon utilities and their ratepayers; and
Whereas, Mr. Healy was concerned that, if private utilities must bear these utility relocation costs, they would pass the expenses along to ratepayers throughout their service territories, including ratepayers who would not use the Milwaukee Streetcar; and
Whereas, On August 29, 2014, the Public Service Commission issued its final decision on this matter, ruling that it is unreasonable for the City of Milwaukee to require private utilities to pay utility relocation costs associated with construction of the Milwaukee Streetcar; and
Whereas, The Common Council finds that if it is unreasonable to require private utilities to pay utility relocation costs associated with one type of municipal public works project - construction of public transportation infrastructure, it is also unreasonable to require private utilities to pay utility relocation costs associated with other types of municipal public works projects (e.g., street reconstruction); and
Whereas, The Common Council further finds that it is likely that the City of Milwaukee and its property taxpayers, as We Energies customers and ratepayers, are being unreasonably forced to pay We Energies facility-relocation costs associated with municipal public works projects throughout the We Energies service area, most of which will rarely if ever be used by the City or We Energies ratepayers residing in Milwaukee; now, therefore, be it
 
Resolved, By the Common Council of the City of Milwaukee, that the Department of Public Works and the City Attorney's Office are authorized to jointly identify municipal public works projects in the We Energies service area that will involve the absorption of utility relocation costs by We Energies, and file petitions at their discretion, on behalf of the City of Milwaukee as a We Energies customer and ratepayer, with the Public Service Commission of Wisconsin to object to the requirement that We Energies be required to bear utility relocation costs associated with the projects; and, be it
 
Further Resolved, That the Department of Public Works and the City Attorney's Office are authorized to file the petitions in whatever form and manner the City Attorney's Office deems most appropriate and effective for obtaining relief from requirements that We Energies be required to absorb utility relocation costs.
Requestor
Drafter
LRB155243-2
Richard Pfaff
09/30/2014