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