ORD20051202.
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DEFEATED
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 966.0827 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 lIpon a tax rate, which shall be fixed by
the Common Council after receiving annually from the Public Utilities Committee a
budget including an estimate of the required tax levy.
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(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
966.0827 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 coul1 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
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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 01015'19" West, 179.60 feet to the center of a creek; thence along the center of said creek the
following distances; S 02031'42" West, 540.13 feet; thence S 18032'11" West, 188.5'1 feet; thence S
25036'33" West, 233.90 feet; thence leaving the center of said creek, N 89053'41" West, 494.61 feet;
thence S01025'06" 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 Hi!~hlands 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 SouthwElst corner of Section 5 and the Northwest corner
of Section 8, thence South 00029'44" 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 alon~l the Northeast line of Parcel 1 of Certified
Survey Map No. 8529, 637.13 feet to the Northwest cornElr 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 linle 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. 6S39; 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 tl'e 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
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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 EastElrly along the South
line of Tax Key Parcel No. 2232.984 to the Southeast corner; thence Northerly alon~l 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 13()' South of and perpendicular to the centerline of
Janesville Road and 225' West of and perpendicular to the centerline of Woods Road;
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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 tile 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 allong 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 corm~r 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 IOn 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 Nortl1 one half of the
Northwest one quarter of Section 21; thence East along tile 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 <Df 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
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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 fleet, to the North line of said Parcel 1 ; thence
Easterly along said North line 498.54 feet, to the NorthwEist corner of Tax Key Parceil 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 Northe~ast corner of said Certified Survey Map; thence
Westerly along the North line of said Certified Survey Map and Tax Key Parcel No. 2~255.979 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
01031'41" West, 875.42 feet; thence North 87038'00" East, 1138.20 feet; thence Nort:h 00002'11" East,
599.82 feet; thence South 87038'00" 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 linEl of the Southwest 1/4 of S13ction 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;
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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 Kl3Y 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 thH 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. 497B; 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 allOng 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 centerliine 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 drafteel by Richard Eberhardt, P.IE., RLS
Revised 8/2005 by Daniel Flamini, RLS)
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Attachment B
MMSD
Sewer Utility
District
Legend
_ Sewer Service Area
D Property
_ Lakes
- Right-of-Way
N
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o 0.25 0.5 1 Miles
I I I I I I I
Scale
Planning Dep!.
7/27/2005
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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 Y4 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 centerlinEl 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 Southelrly on a line parallel
with the centerline of said Racine Avenue to the point of intersection with the North-South Y4 section line
of said Section 32; thence Southerly on the said North-South Y4 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 88020'34" 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 01017'35" East
along said West line, 593 feet more or less to the place of beginning.
(Legal descriptions drafted by Sean McMullen)
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Norway Sanitary District Attachment D
Legend
Il!I Sewer Service Area
D Parcels
. Lake
- Right-ot-Way
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SCale: I
1,250 -t" 2,500
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5,000 Feet
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