ORD1988615AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #615
SECTION 11.03(2) OF THE MUNICIPAL CODE
AN ORDINANCE TO AMEND CHAPTER 11,
(Landfill)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 11, Section 11.03(2) of the Municipal
Code of the City of Muskego is hereby amended to read as follows:
11.03(2) License Required. (a) It shall be unlawful to
maintain, operate or permit the maintenance or
operation of a sanitary landfill or any other place
for the disposal of garbage or refuse or to
commence any part of a siting procedure for the
same anywhere in the City or in any unincorporated
area within four miles of the City limits without
first receiving a license therefor from the City,
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.
herein, the applicant shall file with the City an (b) Upon application for a license as provided
administrative fee in the sum of $25,000, said fee
being in addition to the annual permit fee and any
other fees or bonds required by this ordinance.
The administrative fee shall be applied towards
expenses incurred by the City in the siting of the
expenses incurred regarding the following:
landfill in question including, but not limited to,
2. Negotiations and arbitration.
1. Review of site and operation plans.
3. Proceeding of any other government
4. Court proceedings.
agency.
5. Attorney fees.
6. Engineering fees.
7. Other expert fees.
(c) At reasonable times and after being given
reasonable notice by the City, the applicant shall
replenish the account containing the administrative
fee in order to return the account balance to
$25,000. At no time shall the account balance drop
below $20,000.
.. I - .
Ordinance 615 - Page 2
(d) Upon completion of the siting process, all
funds remaining in the administrative fee fund
shall continue to be held by the City and shall be
used to defray any subsequent expenses incurred by
the City as to the landfill site.
SECTION 2: The several sections of this ordinance are
shall be declared by a decision of a court of competent
declared to be severable. If any section or portion thereof
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 ordinance whose terms are in conflict with the provi’sions
of this ordinance are hereby repealed as to those terms that
conflict.
a SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
Passed and approved this 26th day of JULY , 1988.
CITY OF MUSKEGO
ATTEST :
G. SALENTINE, ElAYOR
City Clerk
PUBLISHED THIS 4th DAY OF AUGUST , 1988.
ca
STATE OF WISCONSIN 1
Milwaukee Counly )
) ss.
THECCOMMONCOUNCIL OF.TI-FJ CITY
,. : .(ian&~~),: ' .. ,
OF' MlJSKE%(3. WAUKESHA COUNTY, WISCONSIN, DO.i3RDAIN'ASFOLU)WS:.'
ofthe Municipal Code ofthecity ofMhk9gi
I, SECTION l:'Chap@r.ll, Sectiqn \1.03(.2).
is hereby amendedtomd aj'follows: '
11:03(2).Licenee Required.'~(a)~It~shall be
unlawful to maintain. operaw'or prmit'the
meindinance' or ,opbration of a.,saniwry
landfill or any other place for the disposal of
garbage or refuse or tb commkn&~&y pirtdf
a siting procedure foi the same anph-ereih
the City 'or in, anjr.'u'qincolpo+ad a&
within four milga of the:City 1,imiUl without
first receiving .a lioenic'thqrefor from the
operate: or permit ,tha 'me'intqnanos or.
City, and: it.'ahdl.h 'unlawful to maintain.
operation,;of,any'such' p?s~, Inzviolation or
any provision of this 6rdink.w. '
provided herein. the applicant shall ftle.with
(b) Upgn. application' for. a':liM.+e &
the City nn, adminispitive, fee in the-sum of
annual^ permit!,fee,"andiany ither fees .ar $25,000; said fee being in:addition to:the
lionds ,required, -by:'this!.Loydinanc$: 'ne, administrative^ fee shall be applied toHiards
the landfill:in question including, but, not
expensesincu&d by'the City in the siting of
followine: ~ '.'
limited to,'expenses incu&.regarding,the
, I ., .
1. Reviey-ofsite.and operati& PI-. ,
2. Negotiations'and irbitratibn. ,,
3.: ,R&eding .of any .other government
4. Court proceedings.'
5. Attorney fees.
6. Engineering fees. i,
7. Other expert fees. .- . ..
given .reasonable .notice''G tbe City, the
(e) .At reasonable .times and' affer being
raining the administrative fee'in'.ordqr to
applicant'ihall replenish the'.aecountk,n-
time ?hall the apunt balance drbp below
return the account bilaince to $26,000. At no
$20.000. 1-
(d) Upon mmpietion of the siting PASS.
all funds remaining in the administrative
fRa fund shall continue to be held by the City and shall used to defray &y subsequent ;
expensea incurred by the, City. to &e : landfill aite.
SECTION 2 The sev6ral Sections of this.!
grdinancg .a+ declared to be severable. If.:
'any section 'or prtioh thereof 'shall b:J
-
agency: , ' ., , ..
~.
.~ sections, oa:poFioq the ." ,. ,
are hereby i-apealed BB to those terms that
conflict. SECTION 3: This ordinance ahall be in
full force and effect from and aRer ita
passage and publication. Pasaed and approved this 26th day of
CITY OF. MUS-?
/d Wayne'C. Salentine
my. 1988,
ATTEST
/a/ Jean K. Ma&&.
City Clerk :PUBLISHED,WIS.4th PAY,OF;AUGUST.' 19??;, ., '. i: ", ,'. 2 .? " ' ~.~ 1 r. ..... 1.- "2 .... :.:-. . I - ""L .
, 1" .
(Signed) .
BOOKKEEPER
U My Commission expires .APR. 16. 19 8.9.
..
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #6 1 5
AN ORDINANCE TO AMEND CHAPTER 11,
SECTION 11.03(2) OF THE MUNICIPAL CODE
(Landfill)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO,
I WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 11, Section 11.03(2)
Code of the City of Muskego is hereby amended
11.03(2) License Required. (a) It shal
maintain, operate
operation of a sa
for the disposal
commence any part
from the City,
and it shall be u
permit the mainte
place in violati
ordinance.
(b) Upon application for a
herein, the applicant shall
ense as providd
administrative f
being in additio
of $200,000 to b
required by this type of landfill
shall be applied
City in the siting of landfill in question
including, but n
regarding the fo
The administrative fee
1 . Review
3. Proceeding any other government
below $20,000.
Ordinance 615 - Page 2
(d) Upon completion of the siting process, all
funds remaining in the administrative fee fund
shall continue to be held by the City and shall be
used to defray any subsequent expenses incurred by
the City as to the landfill site.
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 ordinance 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 , 198 . -
CITY OF MUSKEG0 &9d&
WAWE G. SALENTINE. MAYOR
ATTEST :
City Clerk
PUBLISHED THIS DAY OF , 19 . -
ca
a