City Attorney (identified in the record as 'Mister Waterman') told the Middleton City Council on Dec. 3 that, based on a 2023 resolution and the requirements of the statute of frauds, the city must convey a 20‑acre piece of commercial property to the urban renewal agency at the price set in that agreement.
The attorney said the 2023 memorandum-of-understanding and the council-approved resolution memorialized the terms and provided sufficient specificity and signatures to make the city’s obligation binding, and he concluded that the city has little latitude to refuse the requested conveyance or renegotiate the price if the agency successfully finds a buyer.
Mayor (speaking to the council) said she regretted being forced to sign: she described the sale price as about $22,000 per acre (totaling under $500,000) and said she had tried to negotiate a higher price on behalf of taxpayers but was constrained by the prior agreement. She said she will sign the deed that night but pledged to scrutinize any future development agreement to protect the city’s interests, including timing or anti-flip provisions.
The council did not take additional action on altering the conveyance. The city attorney recommended proceeding with conveyance consistent with the 2023 resolution; the mayor recorded her objection and noted she will closely review any future development agreement tied to the sale.