HomeMy WebLinkAbout15. 19-279 MAY 14, 2019 19-279 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ASSIGNMENT OF CONNECTION AGREEMENT
FROM UW-OSHKOSH FOUNDATION-WITZEL, LLC TO BOARD
OF REGENTS OF UW SYSTEM AND UW-OSHKOSH
FOUNDATION, INC. (BIODIGESTER PROPERTY)
INITIATED BY: CITY ATTORNEY'S OFFICE
WHEREAS, the City previously entered into an agreement with UW — Oshkosh,
the UW — Oshkosh Foundation, Inc. and the UW — Oshkosh Foundation — Witzel, LLC
allowing a biodigester facility to connect to the City's wastewater treatment plant; and
WHEREAS, the parties have requested the assignment of the rights held by UW—
Oshkosh Foundation—Witzel, LLC to the Board of Regents for UW-Oshkosh and UW—
Oshkosh Foundation, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Assignment of the Connection Agreement from UW-Oshkosh
Foundation-Witzel, LLC to the Board of Regents of UW - Oshkosh and UW-Oshkosh
Foundation, Inc., is hereby approved and the proper City officials are hereby authorized
to execute appropriate documentation as necessary for such Assignment.
TO: Honorable Mayor and Members of the Common Council
FROM: David J. Praska
DATE: May 14, 2019
RE: Approve Assignment of Connection Agreement from UW -Oshkosh Foundation - Witzel,
LLC to Board of Regents of UW System & UW -Oshkosh Foundation, Inc. (Biodigester
Property)
BACKGROUND
In 2012 the City entered into an agreement with the University of Wisconsin -Oshkosh, the University of
Wisconsin -Oshkosh Foundation, Inc., and the University of Wisconsin -Oshkosh - Witzel, LLC, which
allowed a new biodigester facility to connect the City's sanitary sewer plant. The connection allowed
the transmission of methane gas between the two facilities. The connection between facilities continues
to exist and we believe all parties benefit from this relationship. The City was recently contacted by the
Board of Regents legal counsel and was advised that as a result of certain issues between the Board of
Regents and the UW -Oshkosh Foundation, those parties agreed to assign any interest in the agreement
held by UW -Oshkosh Foundation - Witzel, LLC, to the Board of Regents and UW -Oshkosh
Foundation. The agreement signed in 2012 requires the City must approve any assignment of rights
before they can become effective.
ANALYSIS
City staff believes that the agreement has been working well for all parties. The proposed assignment
would not affect the City's involvement with the biodigester facility, and would not affect the
substance of the original agreement. The removal of UW -Oshkosh Foundation-Witzel, LLC from the
agreement would result in the City maintaining relationships with the two strongest out of the original
three Board of Regents or UW -O Foundation entities.
FISCAL IMPACT
There is no anticipated fiscal impact from the proposed assignment.
RECOMMENDATION
Staff recommends that the Council adopt the proposed ordinances.
Respectfully Submitted,
An
aA, �
David J. Praska
Deputy City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us