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File #: 210109    Version:
Type: Resolution Status: Passed
File created: 5/4/2021 In control: COMMON COUNCIL
On agenda: Final action: 5/25/2021
Effective date:    
Title: Substitute resolution requesting that Milwaukee County’s Office of Corporation Counsel review and opine on the process by which Common Council File Number 201365 was adopted.
Sponsors: ALD. PEREZ
Indexes: LAKEFRONT DEVELOPMENT
Attachments: 1. File 201365, 2. 176700.pdf, 3. Escrow Agreement-Couture, 4. File #201365, 5. File #201573, 6. File #210109, 7. Uniformity and Anti-Displacement Fund, 8. Municipality Article-Roles and authority of governing body members, 9. May 4th email, 10. Email - Courture, 11. HR Agreement (Sewer Project), 12. HR Agreement (Public Infrastructure - non-sewer), 13. Min Assessed Value Agreement, 14. Amended and Restated Transportation Public Access Easement, 15. Limited Personal Guaranty, 16. Amended Restated Development Agreement, 17. Sewer Easement, 18. ESCROW AGREEMENT (Anti-Displacement Fund), 19. Escrow Disbursement Agreement (Sewer), 20. Escrow Disbursement Agreement (Public Infrastructure), 21. Escrow Agreement - Master CLDA, 22. Letter re Common Council File No 210232. Proposed Repeal of MCO 304-21, 23. Mayor's Veto Letter

Number

210109

Version

SUBSTITUTE 1

Reference

201365

Sponsor

ALD. PEREZ

Title

Substitute resolution requesting that Milwaukee County’s Office of Corporation Counsel review and opine on the process by which Common Council File Number 201365 was adopted.

Analysis

This resolution requests that Milwaukee County’s Office of Corporation Counsel review and opine on the process by which Common Council File Number 201365 was adopted.

Body

Whereas, On March 2, 2021, the Common Council adopted Resolution File Number 201365, relating to the Amended and Restated Cooperation, Contribution, and Redevelopment Agreement as well as personal guaranties for the redevelopment of the property at 909 East Michigan Street for the Couture Project; and

 

Whereas, The resolution contained an amendment to Section 13.4 of the Restated Development Agreement; and

 

Whereas, On March 9, 2021, City Attorney Tearman Spencer issued an opinion stating that the City Attorney’s Office would not sign approval of the contract’s provisions “because individual Alderpersons do not have the authority to negotiate or to draft Development Agreements or provisions therein or amendments thereto”; and

 

Whereas, The amendment was approved by the full Common Council rather than by an individual Council member; and

 

Whereas, The Common Council seeks additional clarification by means of outside legal review; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that Milwaukee County’s Office of Corporation Counsel is requested to review and opine on the process by which Common Council File Number 201365 was adopted.

 

Requestor

 

Drafter

LRB 176700-2

Tea B. Norfolk

5/10/2021