ORD20051202 utility districtsDEFEATED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1202
AN ORDINANCE TO AMEND
CHAPTER 21 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 21 is hereby amended to add the following section:
Section 21.085 CREATION AND GOVERNANCE OF UTILITY
DISTRICTS
(1) The Common Council of the City of Muskego does hereby establish
two separate utility districts pursuant to Wisconsin Statute ¼66.0827 by a three-
quarters vote of all members of the governing body. The two utility districts are
established as follows:
a) The MMSD Utility District which shall include the area
described in Attachment A and as depicted on the map in
Attachment B. This District may be vacated, altered or
consolidated from time to time by resolution of the Common
Council following the procedure set forth in subsection (4)
below.
b) The Norway Utility District which shall include the area
described in Attachment C and as depicted on the map in
Attachment D. This District may be vacated, altered or
consolidated from time to time by resolution of the Common
Council following the procedure set forth in subsection (4)
below.
(2) The governing body of each utility district shall be the Common
Council of the City of Muskego.
(3) A utility fund shall be established for each district pursuant to
Wisconsin Statute 66.0827 (2). The Common Council of the City of Muskego
shall direct from time to time that certain sewer costs for services provided within
each utility district be paid out of the respective utility district fund. Each fund
shall generate revenues all or in part by taxation of property within the district
based upon a tax rate, which shall be fixed by the Common Coun cil after
receiving annually from the Public Utilities Committee a budget including an
estimate of the required tax levy.
(4) Prior to the Common Council of the City of Muskego voting to
vacate, alter or consolidate a utility district, a hearing shall be held pursuant to
Wisconsin Statute ¼66.0827 and all such vacations, alterations or consolidations
must be approved by a three-quarters vote of all members of the governing body.
SECTION 2: The several sections of this ordinance are declared to be
severable. If any section or portion thereof shall be declared by a decision of a
court of competent jurisdiction to be invalid, unlawful, or unenforceable, such
decision shall apply only to the specific section or portion thereof directly
specified in the decision, and not affect the validity of all other provisions,
sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of
this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its
passage and publication.
PASSED AND APPROVED THIS ______ DAY OF _____________, 2005.
CITY OF MUSKEGO
_____________________________
Charles Damaske, Mayor
First & Second Reading & DEFEATED
09/13/2005
ATTEST:
___________________________
Janice Moyer, Clerk
ATTACHMENT A
The boundary of the MMSD Sewer Utility District is described on the attached map and legal
description:
All that portion of Township 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Beginning at the Northeast corner of Section 1; thence Westerly along the North line of Township
5 North to the North quarter corner of Section 5;
thence S 01°15'19" West, 179.60 feet to the center of a creek; thence along the center of said
creek the following distances; S 02°31'42" West, 540.13 feet; thence S 18°32'11" West, 188.51
feet; thence S 25°36'33" West, 233.90 feet; thence leaving the center of said creek, N 89°53'41"
West, 494.61 feet; thence S01°25'06" West, 1319.98 feet to the West 1/4 line of Section 5;
thence Westerly along the West 1/4 line of Section 5 to the West line of Lakeview Highlands
North Subdivision extended to said West 1/4 line; thence Southerly along the West line of
Lakeview Highlands North Subdivision to a point on the North line of Tax Key Parcel No.
2179.994; thence Westerly along the North line of Tax Key Parcel No. 2179.994, to the Northwest
corner of said tax key parcel and a point on the West line of Section 5; thence Southerly along the
West line of Section 5 to the Southwest corner of Section 5 and the Northwest corner of Section
8, thence South 00°29'44" East, 1339.43 feet along the West line of Section 8 to the Northwest
corner of Tax Key Parcel No. 2190.996; thence Easterly along the North line of Tax Key Parcel
No. 2190.996 to the Northeast corner of Tax Key Parcel No. 2190.996 and the Northwest corner
of Certified Survey Map No. 8166; thence Southerly along the West line of Certified Survey Map
No. 8166 and 7148, to a point in the centerline of Hillendale Drive; thence Southwesterly along
the center line of Hillendale Drive 1172.89 feet more or less to a point where the Northeast line of
Parcel 1 Certified Survey No. 8529 is extended to said centerline; thence Northwesterly along the
Northeast line of Parcel 1 of Certified Survey Map No. 8529, 637.13 feet to the Northwest corner
of said Certified Survey Map; thence Southerly along the West line of said Certified Survey Map,
462.60 feet more or less to the Southeast corner of Certified Survey Map No. 6624; thence
Westerly along the South line of said Certified Survey Map to the Southwest corner of said
Certified Survey Map and a point in the East line of Certified Survey Map No. 6894; thence
Southerly and Westerly along the East and South line of Certified Survey Map No. 6894 to the
Northwest corner of Certified Survey Map No. 6079; thence Southerly along the West line of
Certified Survey Map No. 6079 and the West line of Parcel 1 of Certified Survey Map No. 8566
extended to a point on the North line of Certified Survey Map No. 6539; thence Northwesterly
along the North line of said Certified Survey Map to the Northwest corner of said Certified Survey
Map; thence Southwesterly along the West line of said Certified Survey Map, 156.20 feet to the
Southwest corner of said Certified Survey Map and a point on the Easterly line of Certified Survey
Map No. 8567; thence Southerly along the East line of said Certified Survey Map 304.15 feet to
the Northeasterly corner of Parcel 6 of said Certified Survey map; thence Southeasterly along the
Northeasterly line of said Parcel 6 379.95 feet to a point; thence Southwesterly along the
Southeasterly line of said Parcel 6 305.37 feet to the Southeast corner of said Parcel 6 of
Certified Survey Map and a point on the North line of Section 18;
thence West along the North line of Section 18 to the centerline of Crowbar Drive;
thence Southerly along the centerline of Crowbar Drive to the South line of the Southwest 1/4 of
Section 18; thence Easterly along the South line of the Southwest 1/4 of Section 18, to the West
line of Southeast 1/4 of said Section 18; thence Northerly along the West line of the said
Southeast 1/4 of Section 18, 1077.12 feet to the Southwest corner of Tax Key Parcel No.
2232.984; thence Easterly along the South line of Tax Key Parcel No. 2232.984 to the Southeast
corner; thence Northerly along the East line of Tax Key Number 2232.984 to a point of
intersection of the East line of said Tax Key Parcel extended to a line in which West end starts at
a point where the centerline of Janesville Road intersects with the West line of the Southeast 1/4
of Section 18, then heads Northeasterly in a straight line to a point being 130 feet South of and
perpendicular to the centerline of Janesville Road and 225 feet West of and perpendicular to the
centerline of Woods Road;
thence Northeasterly in a straight line to a point being 130' South of and perpendicular to the
centerline of Janesville Road and 225' West of and perpendicular to the centerline of Woods
Road;
thence South and parallel to the centerline of Woods Road, 23 feet more or less to the North line
of Certified Survey Map No. 7108; thence Southwesterly along the North lines of Lot 1, Certified
Survey Map No. 7108, Parcel 2 Certified Survey Map No. 8769, and the property identified as
Tax Key Parcel No. 2232.980, to the center line of Hillendale Drive; thence Southerly along said
centerline, to the extended South line of said Tax Key Parcel 2232.980; thence Easterly along
said South line, to the Southwest corner of Certified Survey Map No. 7110; thence Easterly along
the South line of Certified Survey Map No. 7110 to the Northwest corner of Certified Survey Map
No. 8188; thence South along the West line of Certified Survey Map 8188, 660 feet to the
Southwest corner of said Certified Survey Map; thence East along the South line of said Certified
Survey Map, 410.82 feet to the Northwest corner of Parcel One of Certified Survey Map No.
7787; thence South 110 feet along the West line of said Parcel One to the Southwest corner of
said Parcel One; thence East along the South line of said Parcel One to a point on the East line
of Certified Survey Map No. 7787; thence Southerly along the East line of said Certified Survey
Map to a point in the North line of the Northwest 1/4 of Section 20 and the Northwest corner of
Tax Key Parcel No. 2238.999; thence Southerly along the West line of Tax Key Parcel No.
2238.999 to the Southwest corner of said Tax Key Parcel and a point on the North line of Tax Key
Parcel No. 2238.992; thence West 290 feet more or less along the North line of Tax Key Parcel
No. 2238.992 to the Northwest corner; thence South along the West line of said Parcel 2238.992
to the South line of the North 1/2 of Section 20;
thence East along the South lines of the North one half of Sections 20 and 21 to the centerline of
C.T.H. "Y" (Racine Avenue);
thence Northerly along the centerline of Racine Avenue to the South line of the North one half of
the Northwest one quarter of Section 21; thence East along the South line of the North one half of
the Northwest one quarter of Section 21 to the East line of the Northwest one quarter (NW 1/4)
Section 21; thence North along the East line of the Northwest one quarter to the North line of
Section 21 also being the South line of Section 16;
thence East along the South lines of Sections 16, 15, and 14 to the South quarter corner of
Section 14;
thence North along the West line of the East one half of Section 14 to the Southwest corner of the
North one half of the southeast quarter (SE 1/4) of Section 14;
thence East along the South line of North one half of the Southeast quarter (SE 1/4) of Section 14
to the Northwest corner of Tax Key Parcel No. 2211.999 and a point on the East shoreline of Big
Muskego Lake; thence Southerly along the West line of Tax Key Parcel No. 2211.999 and
shoreline of Big Muskego Lake to the Southwest corner of said Tax Key Parcel; thence Easterly
along the South line of said Tax Key Parcel to a point on the West line of the Southeast one
quarter of Section 13; thence Northeasterly 438.90 feet more or less to a point in the centerline of
Durham Drive; thence Southeasterly 695 feet more or less along said center line, to the South
line of Tax Key Parcel No. 2212.993; thence Easterly along said South line 146 feet more or less
to the West line of Parcel 1 of Certified Survey Map No. 7155; thence Northerly along said West
line 178.21 feet, to the North line of said Parcel 1; thence Easterly along said North line 498.54
feet, to the Northwest corner of Tax Key Parcel No. 2212.999.001; thence Southerly along the
West line of Tax Key Parcel No. 2212.999.001, 895.44 to a point on the North line of Section 24;
thence West along the North line of Section 24 to a point 400' West of and perpendicular to
centerline of Durham Drive;
thence Southeasterly along a line 400' West of and parallel to centerline of Durham Drive to a
point 400 feet West of and perpendicular to centerline of C.T.H. 00;
thence Southerly along a line 400' West of and parallel to CTH 00, to a point on the North line of
Tax key Parcel No. 2253.999.006; thence Westerly along said North line, to the West line of the
Northeast 1/4 of Section 24; thence Southerly along said West line to the South line of said
Northeast 1/4; thence Easterly along said South line to a point lying 400 feet West of as
measured perpendicular from the center line of CTH 00; thence Southerly parallel to the
centerline of CTH 00, to a point of intersection with the East line of Parcel One of Certified Survey
Map No. 3189; thence Southerly along the East line of said Parcel One to the North line of Parcel
Two Certified Survey Map No. 3189; thence West along said North line 175.00 feet; thence South
along the West line of said Parcel Two to a point 300' North of the South line of Section 24;
thence West along a line 300' North of the South line of Section 24 to a point on the West line of
the Southeast 1/4 of Section 24; thence Northerly along the West line of the Southeast 1/4 of
Section 24 and the East line of Certified Survey Map No. 80 to the Northeast corner of said
Certified Survey Map; thence Westerly along the North line of said Certified Survey Map and Tax
Key Parcel No. 2255.979 to the Northwest corner of said Tax Key Parcel; thence Westerly in a
straight line to the Northeast corner of Tax Key Parcel No. 2255.980; thence Westerly along the
North line of Tax Key Parcel No. 2255.980 and 2255.981 to the Southwest corner of Tax Key
Parcel No. 2255.996; thence Northerly along the West line of Tax Key Parcel No. 2255.996 to the
Northeast corner of Tax Key Parcel No. 2255.987; thence Westerly along the North line of Tax
Key Parcel No. 2255.987 to the Southwest corner of Tax Key Parcel No. 2255.992; thence
Northerly along the West line of Tax Key Parcel No. 2255.992 to the North line of the Southwest
1/4 of Section 24; thence Westerly along said North line to the East line of Certified Survey Map
No. 8153; thence around said Certified Survey map to the following courses: thence North
01°31'41" West, 875.42 feet; thence North 87°38'00" East, 1138.20 feet; thence North 00°02'11"
East, 599.82 feet; thence South 87°38'00" West, along the North line of said Certified Survey Map
No. 8153 extended to the East shore of Big Muskego Lake;
thence Southwesterly along the shore of Big Muskego Lake to a point 480 feet more or less East
of the West line and 690 feet more or less North of the South line of Northwest quarter (NW 1/4)
of Section 26 and a point in the East line of Certified Survey Map No. 2062; thence Southeasterly
along the East line of Certified Survey Map No. 2062 to a point on the North line of the Southwest
1/4 of Section 26;
thence South along a line 1000' East of the West line of Section 26 to a point 400' North of the
South line of Section 26;
thence West along a line 400' North of the South line of Section 26 to the West line of Section 26;
thence South along the West line of Section 26 to the North line of Section 35;
thence East along the North line of Section 35 to a point on the West line of Tax Key Parcel No.
2298.990; thence Southerly along the West line of Tax Key Parcel No. 2298.990 to a point on the
North line of Tax Key Parcel No. 2294.993; thence Northeasterly along the North line of said Tax
Key Parcel to the Southwest corner of Tax Key Parcel No. 2298.994; thence Southerly in a
straight line to the Northeast corner of Tax Key Parcel No. 2298.985; thence Southerly along the
East line of Tax Key Parcel No. 2298.985 extended to the centerline of Loomis Drive; thence
Northeasterly along the centerline of Loomis Drive to the West line of Certified Survey Map No.
4090; thence Southerly along the West line of said Certified Survey Map, 390 feet more or less;
thence Easterly along the South line of said Certified Survey Map, 300 feet; thence Northerly
along the East line of said Certified Survey Map 72 feet; thence Easterly in a straight line 170 feet
more or less to a Northwest corner of Tax Key Parcel 2298.998; thence Easterly along a north
line of Tax Key Parcel 2298.998, 330 feet more or less, thence Northerly along a West line to a
point 400' South of and perpendicular to centerline of Loomis Drive;
thence Northeasterly along a line 400' South of and parallel to centerline of Loomis Drive to a
point on the West line of Parcel Two of Certified Survey Map No. 4979; thence Southerly along
the West line of said Parcel Two, 340 feet more or less to the South line of said Parcel Two;
thence Easterly along the South line of said Parcel Two, 160 feet; thence Northerly along the
East line of said Parcel Two to a point 400 feet South of and perpendicular to the centerline of
Loomis Drive; thence Easterly along a line 400 feet South of and parallel to the centerline of
Loomis Drive to a point on the West line of Tax key Parcel No. 2297.995; thence Southerly along
the West line of said Tax Kay Parcel, 440 feet more or less to the South line of said Tax Key
Parcel; thence Easterly along the South line of said Tax Key Parcel, 370 feet to the East line of
said Tax Key Parcel; thence Northerly along the East line of said Tax Key Parcel, 180 feet more
or less to the Southwest corner of Tax Key Parcel 2297.999.001; thence Easterly along the South
line of said Tax Key Parcel, 200 feet; thence Northerly along the East line of said Tax Key Parcel,
30 feet more or less to the Southwest corner of Tax Key Parcel 2297.998; thence Easterly along
the South line of said Tax Key Parcel, 200 feet; thence Northerly along the East line of said Tax
Key Parcel to a point 400 feet South of and perpendicular to the centerline of Loomis Drive;
thence Easterly along a line 400 feet South of and perpendicular to the centerline of Loomis Drive
to a point on the West line of Section 36; thence Northerly along the West line of Section 36 to
the Northwest corner of Section 36; thence Easterly along the North line to the Northwest corner
of the Northeast one quarter (NE 1/4) Section 36; thence Southerly along the West line of the
Northeast and Southeast one quarters Section 36 to the Southwest corner of the North one half
of the Southeast one quarter of Section 36; thence East along the South line of the North one half
of the Southeast one quarter to the Northeast corner of Tax Key Parcel No. 2304.997; thence
Southerly along the East line of Tax Key Parcel No. 2304.997 to the Northwest corner of Tax Key
Parcel No. 2304.998.001; thence Easterly along the North line of Tax Key Parcel No.
2304.998.001 to a point on the East line of Section 36 also known as the East line of Township 5
North, Range 20 East;
thence North along the East line of Township 5 North, Range 20 East to the Northeast corner of
said Township and the point of beginning.
(Legal description drafted by Richard Eberhardt, P.E., RLS
Revised 8/2005 by Daniel Flamini, RLS)
Scale
00.510.25Miles
Legend
Sewer Service Area
Property
Lakes
Right-of-Way
MMSD
Sewer Utility
District
Lake
Denoon
BIG MUSKEGO
LAKE
Little Muskego
Lake
Bass
Bay
Planning Dept.
7/27/2005
Attachment B
ATTACHMENT C
The boundary of the Norway Sewer Utility District is described on the attached map and legal
description:
Area A
All that part of Town 5 North, Range 20 East, in the City of Muskego, Waukesha County,
Wisconsin, described as follows:
Beginning at the Southeast corner of the Southwest “ Section 32, T5N, R20E; thence Westerly
on the South line of said Section 32 to the Southeast corner of Section 31, T5N, R20E; thence
continue Westerly on the South line of said Section 31 to a point located 400 feet West of the
centerline of Crowbar Drive; thence Northerly parallel with the centerline of said Crowbar Drive to
a point located 450 feet North of the centerline of Kelsey Drive; thence Easterly on a line parallel
with the centerline of Kelsey Drive to a point located 500 feet East of the centerline of Racine
Avenue (C.T.H. ”Y’), thence Southerly on a line parallel with the centerline of said Racine Avenue
to the point of intersection with the North-South “ section line of said Section 32; thence
Southerly on the said North-South “ section line of Section 32 to the point of beginning.
Area B
All that part of Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin,
more fully described as follows:
Commencing at the South one-quarter of Section 34; thence South 88°20 34’ West, 1575 feet
more or less along the South line of the Southwest one-quarter of said Section 34 to a point;
thence Northeasterly 575 feet more or less to a point on the North-Sough eighth line of said
Southwest one-quarter also being 510 feet more or less North of said South line; thence Northerly
along said eighth line to the South line of STH ”36’; thence Northeasterly along said South line of
STH ”36’ and its extensions to the North-South eighth line of the Northeast one-quarter of said
Section 34 ; thence Southerly along said North-South eighth line to the North line of the
Southeast one-quarter of said Section 34; thence Southerly 430 feet along the North-South eighth
line of said Southeast one-quarter to a point; thence Southwesterly 2130 feet more or less to a
point on the West line of said Southeast one-quarter; thence South 01°17 35’ East along said
West line, 593 feet more or less to the place of beginning.
(Legal descriptions drafted by Sean McMullen)
0 2,500 5,0001,250 FeetScale:
Legend
Sewer Service Area
Parcels
Lake
Right-of-Way
BIG MUSKEGO
LAKE
36
Norway Sanitary District
Lake
Denoon
Area A
Area B
Planning Dept.
8/5/2005
Attachment D