CCR1986219RESOLUTION 1\21 9-86
MEMORANDUM OF UNDERSTANDING
DEPARTMENT OF NATURAL RESOURCES
WHEREAS, the State of Wisconsin/Department of Natural Resources
has requested a Memorandum of Understanding be adopted, and
WHEREAS, plans and specifications have been reviewed by the
Lake Dam, and
Public Works Committee for the construction of the Big Muskego
WHEREAS, the Big Muskego Lake Commissioners have recommended
accepting the responsibility of managing the dam, and
WHEREAS, the Department of Natural Resources requires a
Memorandum of Understanding be adopted prior to awarding the
contract for the project.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the
Understanding and authorize the Mayor to execute the agreement.
City of Muskego does hereby approve the attached Memorandum of
DATED THIS a3Rb DAY OF SEmkZRC'R , 1986.
Ak WaynB G. Salentlne, Mayor
ATTEST:
Memorandum of Understanding
Department of Natural Resources and
Between the State of Wisconsin
the City of Muskego Relating to the
Repair and Transfer of the
Muskego Lake Dam
Preamble
WHEREAS, a dam currently exists at the outlet of Big Muskego Lake, which is in
need of repair so that it can be operated more efficiently; and
WHEREAS, there has been longstanding confusion and controversy concerning who
operation; and
the owner of this dam is and who is responsible for its maintenance and
WHEREAS, the State of Wisconsin, Division of Engineering constructed the
existing dam with a legislative appropriation in 1929; and
WHEREAS, the City of Muskego has operated the dam in recent years to minimize
the water level fluctuations and to limit the complaints submitted by the
public relating to this dam; and
WHEREAS, the Department of Natural Resources obtained authorization on May 28,
1986, from the Wisconsin Building Commission to repair the dam if the City of
Muskego makes a commitment to take over ownership and future maintenance of
the dam; and
WHEREAS, the State of Wisconsin. Department of Natural Resources and the City
of Muskego. in consideration of the mutual covenants set forth in this
agreement, stipulate and agfee that:
The Department of Natural Resources will prepare plans for the
reconstruction of the dam. The plans will include the installation of a
new lift gate to facilitate operation of the dam and a concrete overlay.
A set of the final plans shall be submitted to the City of Muskego for
their review.
The City of Muskego agrees to adopt a resolution to accept transfer of the
dam and assume future responsibility for operation and maintenance of the
dam;
The Department of Natural Resources agrees to initiate reconstruction of
assuring the City's cmitment to accept transfer of the dam;
the dam as soon as practicable after the City has adopted a resolution
The Department of Natural Resources will prepare and process, in
cooperation with the City, a dam transfer permit for the dam;
The Department will prepare a quit claim deed from the State of Wisconsin,
DNR. to the City of Muskego;
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6) The Department of Natural Resources and the City will cooperate in
determining which other parties may have a potential ownership interest in
the dam site and shall work to obtain quit claim deeds from these parties.
b
7) The City agrees to of future lake management
a1 ternatives with The Department
agrees to take the development of a
P” b6’. gF’D6 676
citizen
8) This agreement shall be amended or revised only upon the written mutual
agreement of the parties.
9) This agreement shall become effective upon the signature of both parties.
Signed:
Dated this day of , 1986. C.D. Besadny, Secretary
State of Wisconsin,
Department of Natural Resources
Dated chis - day oE , 1986.
City of Muskego
Wayne Salenti ne, Mayor
MC:dlm
53081