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ORD1987570COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #570 (As Amended) AN ORDINANCE TO AMEND CHAPTER(1, SECTION 11.03(2) OF THE MUNICIPAL CODE (Landfills) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 11, Section 11.03(2) of the Municipal Code is hereby amended to provide as follows: 11.03(2) LICENSE/PERMIT REQUIRED. It shall be unlawful to maintain or operate a sanitary landfill, or any place for the disposal of garbage or unincorporated area within four miles of the refuse, anywhere in the city or in an city limits without first receiving a license therefore; and it shall be unlawful to maintain, operate or permit the maintenance or operation of any such place in violation of any provision of this ordinance. That upon filing the application for the license/permit referred to herein, in addition to the annual permit fee referred to in this chapter and to any other fees which may be required, the applicant shall file with its application a permit fee in the sum of $10,000 and said fee shall be applied towards the City of Muskego's expenses as may be reasonably determined by the City in reviewing said site and operation plans and concerning any other matters surrounding the siting of said landfill including, but not limited to, expenses of the City incurred concerning any negotiation, arbitration, proceedings of other government agency, court proceedings, attorney fees, engineering fees and fees of other experts; and furthermore, at reasonable times on reasonable notice to the applicant, the account containing said fee shall be replenished by the applicant so that above, but never less than FIVE THOUSAND it always contains $10,000 to be used as stated ($5,000) DOLLARS. At the end of the siting process, the $10,000 remaining in said account shall be used to defray the City's expenses in the future as to said landfill site. C. .- 'I Page 2 Ordinance 570 (As Amended) to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be only to the specific section or portion thereof directly invalid, unlawful, or unenforceable, such decision shall apply specified in the decision, and not affect the validity of all which shall remain in full force and effect. Any other ordinance other provisions, sections, or portion thereof of the ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 2: several sections of this ordinance are declared SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. Pased and approved this 12th day of May , 1987. CITY OF MUSKEG0 0 ATTEST : Published this 21st day of May , 1987. STATE OF WISCONSIN ) Milwaukee County ) ) ss. COhlhiON COUNCIL - ORDINANCE #670 . (Ae Amended) ~ - CITY OF MUSKEG0 AN ORDINANCE TO AMEND CWR 1," SECTION 11.03(2) OF THE MUNICIPAL CODE ." . ,(Landfills) THE COMMON COUNCIL; OF THE CITY OF MUSKEGO. WISCOESIN, DO ORDAIN AS FOLLOWS: of the Municipal Code in hereby amend+ to :SECTION i: Chapter 11. Section 11.03(2) provide as ~follows: It~nhall be unlawful to maintain or operate a 11,03(2) LICENSEPERMIT REQUIRED. sanitary .landfill, or any- place for the disposal of~garbage or refuse. anywhere in .the city or in an uninmrporated area within receiving a license.therefore; and it shall be fourmilee of the city limita without kt unlawful to maintain, operate.or permit the maintenance or.operation of any such place in, violation of any provision-of this ordi- nance. That upon tiling the application for the lieendpermit referred to hereinj.'@ addition to'the annual permit fr& Efe,rred to in +k chapter and to any otherTees which may be required, the applicant shall file withita &plication a permit fee in the.sF af-$lO.OK~and said fee shall.be applied ~ towards tha~City' of Muskego's expenses 88 may be reasonably determined by the City in, 1 ~concernlng any other mattern surmunding revie+ said site and operation plans and ,~ tWsiting of~eaid Landfrl'including; but not 1-ted to~expenses of the City incurred 1 -praknedings. 'of other government agency, concerning any negotiation, arbitration, ~ court proceedings. attorney fees. enpineer- i ing fees and fees of other experta; 'ind furthmbre. at reayonable time on re&n- able notice to- the applicant, the amunt containing said fee shall be replenished by the applic+nt no that it always contains $10,000 to be used 88 stated above, but never le+ 'than FIVE 'THOUSAND ($5.000) ' DOLLARS. At the end of the Biting pmss. $10,000 remaiaing'in said acmunt shall ' be &ed to defray the City's expenses in the ! SECTION 2: Several sectibns ot tGis j future as to said landkill site. i ndk&ee ere dezlend to he severable. IC Jerri?h #. Van Eimm being dulv sworn. doth depose and say that he is an authorized representative of a newspaper published at .. M~u.?k!8?. ............ Wisconsin and that an advertisement of which Ihe annexed is a true copy, taken from said paper, was published therein on The .. ..Muskeg?. s.qn.. ............... .. MAY .2 .I 1987. ....... ............ ..................... ... ............. ... ... ...... (Signed). .... BOOKKEEPER. Subscribed and sworn to before me this .. s?//. ... day of . . .... .. My Commission expires FEB i 7 1991 any section or portion thereof shall be .! tent jurisdiction to he invalid,unlawful, or ! declared by a. decision of'a murt of mmpe- ! unenforceable, such decision .ahall apply ody to the ipecifi section or portion thereof diiealy specified in the decision, and not i sections, or portion thereof of the ordidance affect the validity, of all other pmvisione, ~ which ah4 remain in full force and effect. j Any other ordinance whose ,terini. are in conflict with the proviaions of thia ordinance are hereby repealed 88 to those that connict. i full force and effect from and afler 'its SECTION 3: This .ordinance shall be in 1 passage and publication. Passed ed approved thin 12th day ofMay, CITY OF MUSKEG0 /#ape G. Salentine, Mayor _. 1987. I AmEST ~ k!Charlotte L. Stewart, Clerk - i Published thb 2lst day of May, 1987. !