CCR1983009.
RESOLUTION NO. 9-03
RESOLUTION OF PARTICIPATION IN THE
BE KNOWN AS 'PLOW" (PAIR LIQUIDATION C)P WASTE) IN ORDER TO
COALITION OF CONTRACT CO!4MUNITlES TO
OBTAIN A NEW MASTER SERVICE AGREEMENT WITH THE
MILWAUKEE METROPOLITAN SEWERAGE DISTRICT
4ND REMAIN A CONTRACT COMMUNITY OUTSIDE
THE DISTRICT BOUNDARIES OF THE
UILW9UKEE METROPOLITAN SEWERAGE DISTRICT
WHEREAS8
communities border
with the Milwaukee
Communities') have
the transportation
i
8
WHEREAS,
the City of Huskeqo, along with certain other
ng on Milwaukee County (the "Contract
or are attempting to obtain service agreements
Metropolitan Sewerage District (the "MMSD") for
treatment and disposal of sanitary sewage, and
said service agreements provide for capital cost
recovery on the basis of volume of flow or sewage strength (a 'flow
basis"), and
of Mequon, Muskego and New Berlin have been active in negotiations
with the MMSD for new service agreements, and
WHEREAS, certain Contract Communities including the Cities
WHEREAS, as part of said negotiations the MMSD has taken
the position that it will renew service agreements or enter into
on an equalized valuation formula as opposed to a flow basis, and
future service agreements only if capital recovery charges are based
upon equalized Valuation is neither fair nor supported by national
WHEREAS, a service agreement with capital recovery based
data which suggests that a flow basis is the much more common method
of capital recovery, and
WHEREAS, the Contract Communities share a common interest
in obtaining a new master service agreement with the MMSD containing
a capital recovery method whereby Contract Communities pay their
fair share of capital coste based on service received from the MnSD, and
WHEREAS, the WSD has recently proposed rules for
redefinition of its boundaries which, if successfully carried into
Community into the UMSD, and
effect, would incorporate all or a portion of each Contract
Comunitiee to foro a coalition in a united effort to obtain a
WHEREAS, it is in the best interests of the Contract
master Service agreement with the MMSD containing a reasonable and
just capital recovery formula, and
WHEREAS, while the estimated cost of negotiating a new
master service agreement and taking additional actions hereina€ter
enumerated could well exceed $500,000, particularly if extended
litigation is involved, such amount is minor when compared to the
millions of dollars of additional costs that Contract Communities
would incur if a new master aervice agreement contained a capital
recovery formula based upon equalized valuation, and 8 WHEREAS, the sum of $200,000 is needed for the
establishment of an initial fund for taking any and/or all of the
actions enumerated below and additional sums may be required from
time to time in the future, and
WHEREAS, each of the member communities of the Coalition
has previously or will be adopting a resolution, and it is deemed in
the best interests o€ all member communities o€ the Coalition that a
procedures by which participation of each member community will
uniform resolution be adopted reflecting a common purpose and common
occur, and
WHEREAS, the MMSD has proposed rules which exceed the
statutory rulemaking authority as given the District in Chapter 282,
Laws of 1981, including as part thereof the redefinition OE the
District boundaries beyond their present limits without consent of
the municipality into which such redefinition would occur,
0 the City of Muskego that:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of
Communities in a coalition to be known as 'PLOW" (Fair Liquidation
of Waste) for the purpose of obtaining a new master agreement
governing the overall relationship between the Contract Communities
and the MMSD containing, among other things, reasonable and just
Contract Communities outside the District boundaries of the MMSD.
charges for capital recovery and for the purpose of remaining
1. The City hereby agrees to join with other Contract
2. The Coalition of Contract Communities shall be
governed by an Executive Committee, the creation of which is hereby
approved. The Executive Committee shall consist of each
Hayor/Village President (or his or her authorized designee) of each
Contract Community joining the Coalition. Each member community of
the Executive Committee shall have one vote on all matters
conaidered by the Executive Committee.
Committee ahall consider various alternatives in obtainina a new
3. On behalf of the City of Muskego, the Executive
~ ~ ~~ ~.. master service agreement with the MMSD including but not necessarily .a - -.
limited to:
a. Continued negotiations with the ~SD.
b. Involvement of other communities inside and outside the District
boundar ies.
. ..
.
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c. Remedial legislation.
d. Public Service Commission Involvement.
e. Assistance from the Executive Branch of State Government, other
State Agencies and Federal Agencies.
f. Litigation.
4, In pursuing the alternatives listed above as well as
other8 deemed necessary by the Executive Commlttee, the Executive
Committee is hereby vested with authority to obtain professional
services to be rendered to the Contract Communities under the
dlrectlon of the Executive Committee including, but not necessarily
limited to, legal counsel, engineering consultants,
accounting/auditing services and professional lobbyists. The
Executive Committee is hereby authorized to approve and pay fees for
such services and such other fees, costs and disbursements as shall
be deemed reasonable by the Executive Committee or designated
withdrawing community shall be responsible for:
subunit thereof. If any member community shall withdraw, the
a. all of its prorata share of any unpaid obligations to date of
actual withdrawal;
b. For any contractual obligations it has separately incurred.
In no event shall a member be entitled to any refund of its fund
Coalition of Contract Communities totally ceases its activities, in
contribution, unless a balance in such fund remains at the time the
which situation any unexpended funds remaining shall be reimbursed
overall contribution to the Coalition.
to each participating Contract Community in proportion to its
and all subsequent appropriations shall be based upon the flow which
5. The initial appropriation by each Contract Community
each participating Contract Community is estimated to discharge to
the MHSD between 1985 and 2005 inclusive or such other formula as
subsequently determined by the Executive Committee and approved by
the participating communities.
6. The City of nuskego hereby appropriates the sum of
$21,000.00 Cor the purpose of establishing an initial fund to pay
costs approved by the Executive Committee. Said sum is to be paid
to the Comptroller-City of Brookfield as financial agent for the
Executive Committee within thirty (30) days of adoption hereof,
Dated this 25th day of January , 1983.
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