ORD1988627COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #x
AN ORDINANCE TO AMEND CHAPTER 11, SECTION 11.03(4)(d),
SECTION 11.03(14) -OF TBE MUNICIPAL CODE
CREATE SECTION 11.03(5m) AND AMEND
(LANDFILLS)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Section 11.03(4)(d) of the Municipal Code of the City
of Muskego is hereby amended to read as follows:
ll.O3(4)(d) Before acceptance, all bonds shall be approved by the
City Attorney. If a corporate bond is offered, it
shall be executed by a company authorized to transact
business in the state as a surety. If a cash bond is
offered, it shall be deposited with the treasurer of
the City, who shall give an official receipt therefor,
reciting that said cash has been deposited in
compliance with and subject to the provisions of this
ordinance.
The applicant shall also file with the City Clerk
public liability insurance in the sum of not less than
proper evidence showing that such application has
$5,000,000.00. The form of the public liability
insurance required shall be approved by the City
Attorney before a permit is issued.
Muskego is hereby created to read as follows:
SECTION 2: Section 11.03(5m) of the Municipal Code of the City of
11.03(5m) Financial Information. In addition to all information
required under Section 11.03(5), any licensee shall
also provide detailed financial information for review
by the City. This information shall include an audited
prepared by a certified public accountant. The
financial statement and audited financial history
been in existence a minimum of 5 years, that it has
licensee shall also provide documentation that it has
years, and that it can operate landfills without a
been in the business of operating landfills for those 5
loss. The above information shall be reviewed by the
City Accounting Staff to determine whether, under
satisfactory debt/equity ratio, has sufficient
standard accounting principles, the licensee has a
a landfill site and has a net worth comparable
financial resources to assume control and operate
Accounting Staff shall prepare a report on the
to standards for landfill operators. The City
financial information provided and submit the
report to the plan commission prior to the public
hearing provided in Section 11.03(6).
J
Muskego is hereby amended to read as follows:
SECTION 3: Section 11.03(14) of the Municipal Code of the City of
11.03(14)(a) The permit granted hereunder shall not be assigned or
transferred, either in whole or in part, or leased,
sublet or mortgaged in any manner, nor shall title
thereto, either legal or equitable, or any right,
interest or property therein, pass to or vest in any
person, either by the act of the permit holder or by
operation of law, without the consent of the City.
Prior to the City granting its consent, the prospective
as provided in Section 11.03(2) (b) and the bond and
controlling party must provide the administrative fee
this ordinance. The fact that the City consents to a
liability insurance as provided in Section 11.03(4) of
transfer once does not waive the consent requirement
for a subsequent tranfer, and each subsequent transfer
(b) The permit holder shall promptly notify the City
is subject to the above consent requirement.
of any actual or proposed change in, or transfer
of, or acquisition by any other party, of control
of the permit holder. The word "control" as used
herein is not limited to majority stock ownership, but
exercised. A rebuttable presumption that a transfer of
includes actual working control in whatever manner
control has occurred shall arise upon the acquisition
or accumulation by any person or group of persons of
ten percent of the voting shares of the permit holder
in any one transaction. Every change, transfer or
acquisition of control of the permit holder shall make
the permit subject to cancellation unless and until the
City shall have consented thereto. For the purpose of
determining whether it shall consent of such change,
transfer or acquisition of control, the City may
controlling party, and the permit holder shall assist
inquire into the qualifications of the prospective
the City in any such inquiry. The prospective
controlling party shall submit to the City, within 30
days of notice of the proposed transfer, the financial
information required under Section 11.03(5m) of this
ordinance. Said information shall be reviewed in the
same manner as provided in Section 11.03(5m), and the
same standards shall apply to a prospective controlling
party as to an initial licensee. If the City does not
schedule a hearing on the matter within 60 days after
receiving the prospective controlling party's financial
statement, it shall be deemed to have consented. In
the event that the City adopts a resolution denying its
consent and such change, transfer or acquisition Of
control has been effected, the City may revoke the
permit unless control by the original permit holder
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gains a status which is accepted to the City.
SECTION 4: The %vera1 sections of the ordinance are declared to
be severable. If any sect-ion or portion thereof shall be declared to be
the specific section or portion thereof directly specified in the
invalid, unlawful, or unenforceable, such decision shall apply only to
decision, and not affect the validity of all other provisions, sections,
or portions 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 5: This ordinance shall be in full force and effect from
and after its passage and publication.
Passed and approved this day of December , 1988.
CITY OF MUSKEG0
ATTEST:
Jean K. Marenda, Clerk 0 Published this 22nd day Of December , 1988.
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Lion to all information required under
Section 11.03(51. any licensee shall slso
provide detailed financial. information for
review by the Cit;. This information shall
include an audited financial elatanent and
certified public accountant. The licensee
audited finoncia1 hislorv prepared by a
tihall also provide documentation that it has
been in existence a minimum of5 years, that
it has been in the business of operating
landfills for those 5 years. and that it can
operate landfills without a loss. The above
information shall be reviewed by the City
Accounting Staff to determine whether,
undw standard accounting principles, the
licensee has a satisfactory debwequity ratio,
has sufficient financial resources Lo assume
control and operate a landfill site and has a
net worth comparable to standards for
hndlill operators. The City Accounting Staff
shall prcpure a report on the financial
information provided and submit the report
tu Lhc plun colnmitision prior Lo the puldic
heuring provided in Section 11.09(61.
SIXTION :I: Suclion 11.03 I141 of the
Mun~c~pirl I:wIu d II~C City of Mu8kt.g" is
herel>y amended to wad as follows:
11,03114) la) The permit granted here"".
dcr shall not be assigned or transferred,
either ~n wlwle or in part. or leased. sublet or
mortgaged 111 any manner, nor shall title
lherrto. either lcgal or equitable, or ally
right. interest or properly therein, pass to or
vest in any person either by the act of the
perm11 hulder or by operation of law. without
the consent of the City. Prior to the City
granting its consent, the prospective con-
trolling party must provide the administra.
tivef~rasp~~~v~dadinSrclion11.03i211b)and
the bond und Il;lllility insurance as provided
inScclion 11.0314lufth~sordinunce.'Phefact
that thc Cdy c~nbents to a transfer once doeti
not waive tlw cotwnt requirement for B
sd,sequemt trunsfer. und each subsequent
Irisnsluv IS 4,jd tu the sbve conaent
lCl,l,llB,"Ulll
. r-.,
change in. OT lranrfer of. or scquislion by nolify the l?~lr uf any actutll or proposed I
any other party. of control of the permit
holder. The word 'control" as used herein is
not limited to majority stock ownership. but
manner exercised A rebuttable presulnp-
includes actual working cnntrol in whaterrr
Lloll tllitl a lunsfer of ~ontrol has occurrc.d
ahall arise upun the acquisition or necun~ola-
Lion Ily any person or group of persons of ten
percent of the voting shared of the peln~it
holder in ally one transaction. Every change.
Lrunrfer or acquisition of control of the
permit holder shall make the permit suhlect
a shall have emarntcd thrrctn. For the '-.
, Lo cunccllation unless and until the City
! purpose of dcterrnining whether it sldl
I l.ion uf contrul. the City may inquire IIZIU the
cor~srnt of such chunga. transfer w aului5i-
quolnlications of the prospective controlling
party. and the permit holder shall assist the
City in any such inquiry. The prospective
controll~ng party shall submit to the City,
lransfer, the financial information required
within 30 days of notice of the proposed
under Section 11.03(5ml of this ordinance.
Said infurmution shall oe reviewed in the
sume munncr as provided in Section
apply to a prospective controlling party as to
11.03(5m), and the name standards shall
an initio1 licensee. If the Clty does not
v -. schedule o hewing on the matter within 60
daya uner rcceiving the prospective cot,.
trolllng party's financial statemmi, it tihII
be deemed Lo have consented. In the event
consent nnd such change. transfer or
that the City adopts a resolutiou denying ita
ncquisilion of control has been effected, Ihr
City may revoke the permitunlesseontrol by
the original permit holder gains a status
which is accepted to the City.
ordinance are declared to be severable. If
SECTION 4: The several sections of the
any Section or portion thereof shall be
ceable, such decision shall apply only to the
declared to he invalid. unlawful, or unenfor.
specific section or portion thereof directly
tipeclfied in the decision. and not affect the-
porliuns tlwreofof the ordinance whiel, shall
vulidity of all other provisions. sections. or
remain in full force and effect. Any other
ordinance whose terms are in conflict with
the provisions of this ordinance are hereby
rrpeuled os Lo those terms that conflict.
SECTION 5: This ardlnance dlall be in
full Force and effect fmm and after its
pussage and publication.
December. 1988.
Passed and approved this 13th day of
CITY OF MUSKEGO
IaIWayne G. Sslenline. Mayor ATPEST:
IdJean K. Marende. Clerk
Published this 22nd day of December. 1988.-
'&/&?b
CITY OF WS.KEGO c Official Notice
COMMON COUNCII. -
AN OI<I)INANCE TO AMKNI) CllAPTF
OllDlNANCE X ti27
CITY nF MIJSKIXO
OF MUSKEGO. WAUKESIIA COUNT
WISCONSIN, DO ORDAIN AS FOI.IA)W;
Municipal Code of the City of Muskego
SECTION 1. Section 11.03 l411dI of tl
hereby amended to read as fallows:
11.03(4Xdl Refore acceptance. all bono
shall be approved by the City Attorney. If
corporate band is offered. it shall I
executed by a company authorized I
transact business in thu state as a surety.
o cash band iB offered, it rl~all be deposit,
with the treneurer of tlw City, who shall gil
an oflkial receipt therefor, reciting that sa
cash has been deposited in compliance wit
and subject to the provisions of this ord
rmnce.
Clerk proper evidence showing that BUC
The applicant shall also file with the Cil
application has public liability insurance i
the sum of not lean than $5,000,000.00. TI
form of the public liability insurant
ALLorney before a permitis issued.
required shall be approved by the Cil
SECTION 2: Section 11.03(5m) of tt
Municipal Code of the City of Muskego
hereby created to read ~8 follows:
1 I .03(5mI Financial Information. In add
STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
(SEAL)
JUDITH ZIOLK3XShl beinp. duly sworn,
dolh depose and say lhal he is a11 aAIzriz4 represenlalive of
The . MUSKEGO . . . . . . SUN,
a uewspaper published al MUSKEGO ..
Wisconsii. and lhat an adverlisemed 01 which llle annexed is a
lrue copy, laken Iron] said paper. was published Illereill 011