RESOLUTION NO. 10841-031808

BY: ________________________________________

A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF FRANKLIN PERTAINING TO THE PAYMENT OF THE CONTRACT PRICE OF AN AGREEMENT FOR PROFESSIONAL SERVICES FOR THE SOUTH 27TH STREET CORRIDOR PLAN AREA STREETSCAPE DESIGN TO INCLUDE DEVELOPMENT OF A THIRD PARTY REVIEW PROCESS FOR PROPOSALS WITHIN THE 27TH STREET CORRIDOR AS WELL AS FOR DETAILED ENGINEERING SERVICES TO IMPLEMENT THE 27TH STREET CORRIDOR STREETSCAPE MANUAL AND FURTHER ADDRESSING THE FUNDING SOURCE FOR SUCH AGREEMENTS

WHEREAS, the South 27th Street Corridor Plan, A Joint Project, City of Franklin, City of Oak Creek, having been funded, prepared and adopted by the City of Oak Creek and the City of Franklin, and such Plan in part recommending the establishment of a process to review development proposals for compliance with the South 27th Street Corridor Plan prior or in conjunction with the standard development review process in substantial furtherance of the Plan; and

WHEREAS, the South 27th Street Corridor Plan and Streetscape Design Manual, having been funded, prepared and adopted by the City of Oak Creek and the City of Franklin, and such Plan in part recommending that the cities should seek to implement corridor improvements in tandem with the reconstruction efforts being led by the Wisconsin Department of Transportation; and

WHEREAS, the subject matter of creating a third party development review process, having been studied by the South 27th Street Corridor Plan Steering Committee, with members from both the City of Oak Creek and the City of Franklin, and the Steering Committee having recommended approval of an agreement to obtain the services of HNTB Corporation for such purposes; and

WHEREAS, the subject matter of obtaining detailed design and engineering services to implement the 27th Street Corridor Streetscape Manual, having been studied by the South 27th Street Corridor Plan Steering Committee, with members from both the City of Oak Creek and the City of Franklin, and the Steering Committee having recommended approval of an agreement to obtain the services of HNTB Corporation for such purposes; and

WHEREAS, the Common Council also having considered the funding of its obligations of such services Agreement and being made aware that such services agreement resultants are allowed payment as project costs payable by a tax incremental district, has directed City staff to prepare a Memorandum of Understanding (MOU) with respect to these service contracts; and

WHEREAS, in addition to the aforesaid finding as it pertains to tax incremental financing, such funding of the proposed Agreement as may be obtained by the sharing of its costs with the City of Franklin, is found to be reasonable pursuant to the terms of a Memorandum of Understanding as drafted by the City Attorney pursuant to the direction of the Common Council, and as may be accepted by the City of Franklin.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of Oak Creek, Wisconsin, that the Common Council hereby finds expenditures for the creation of a third party review process and the continuing design of streetscape improvements to be necessary for the implementation of the project plan for Oak Creek Tax Incremental Finance District Number 7.

BE IT FURTHER RESOLVED, that the City Attorney may deliver the Memorandum of Understanding with the City of Franklin as presented to the Oak Creek Common Council on March 18, 2008, for potential approval by the City of Franklin and its agencies.

BE IT FINALLY RESOLVED, that the Mayor and City Clerk are hereby authorized to execute and deliver such Memorandum of Understanding as may be available, and with such technical changes as may be approved by the City Attorney.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 18th day of March, 2008.

Passed and adopted this ___ day of __________, 2008.

________________________________________

President, Common Council

Approved this _______ day of ________________, 2008.

_________________________________________

Mayor

_________________________________________ VOTE: Ayes ______ Noes _____

City Clerk