CCR1995148AMENDED
RESOLUTION #148-95
BETWEEN THE WISCONSIN DEPARTMENT OF TRANSPORTATION
APPROVAL OF JURISDICTIONAL TRANSFER AGREEMENT
AND THE CITY OF MUSKEG0
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Works Committee, does
hereby approve the attached Jurisdictional Transfer Agreement
Between the Wisconsin Department of Transportation and the City
of Muskego, as amended.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign the
Agreement in the name of the City.
DATED THIS 25TH DAY OF JULY , 1995.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Domonic D'Acquisto
Ald. Mark Suhr
Ald. Brian R. Misko
Deferred 7/11/95
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #148-95 which was adopted by the Common Council of the
7/95 jmb
PROPOSED AMENDMENT TO BE INSERTED
E. Indemnification.
(1) In consideration of the City entering this agreement,
the State hereby agrees to indemnify the City, its
officers, employees and agents, from and against any
loss, damage, cost or expense in any way relating to
any claim brought at any time by any person,
corporation or entity against the City in connection
with the environmental conditions existing on the
property covered by this agreement at the time of this
agreement.
If any person, corporation or entity shall notify the
City with respect to any such claim, then the City
shall promptly notify the State thereof in writing;
provided, however, that failure to give such
notification shall not affect the indemnification
provided for hereunder, unless the State shall have
been actually prejudiced as a result of such failure,
and then only to the extent of such prejudice.
The State shall have the obligation to compromise or
defend, at its own cost and expense and by its own
counsel, any such matter; provided, however, that no
compromise of any claim for which indemnification under
this Agreement is being sought shall be made without
the consent of the City unless such compromise results
in the full and unconditional release of all claims
against the City, its officers, employees and agents by
the party asserting such claim. If the State shall
undertake to compromise or defend any asserted
liability, it shall promptly notify the City of its
intentions to do so. The City shall cooperate with the
asserted liability and any compromise thereof.
State and its counsel in the defense against such
JURISDICTIONAL TRANSFER AGREEMENT
BETWEEN
THE WISCONSIN DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MUSKEG0
This agreement, made and entered into by and between the Wisconsin
Department of Transportation, hereinafter called the State, and the
City of Muskego, hereinafter called the City, provides for the
transfer of the jurisdictional responsibility for the former STH
36/Loomis Road between Loomis Drive and the east corporate limits
and distance of 0 57 miles all within the City.
Whereas, the former STH 36 alignment from Loomis Drive to the east
corporate limits will no longer serve through traffic and will be
funtionally classified as a local road, and
Whereas, the Southeastern Wisconsin Regional 2010 Transportation
Plan shows the former STH 36 alignment as a local road, and
Whereas, Section 84.02 (81, Wisconsin Statutes, enables the State to
enter into jurisdictional transfer agreements with local units of
government, thereby facilitating such alterations in jurisdictional
highway systems.
Now Therefore, the parties hereto do mutually agree to transfer the
jurisdictional responsibility for the highway described below under
the conditions described below.
ROUTE DESCRIPTION:
of Loomis Drive to the east corporate limits, a distance of 0.57
Former STH 36/Loomis Road alignment from the easterly right-of-way
miles.
CONDITIONS OF TRANSFER:
1 The State:
A.
E.
C.
D.
The State shall retain ownership of the right-of-way for
The State shall maintain the above described roadway
the former STH 36 alignment described above.
segment until November 15th of the year after the opening
to traffic of project ID 2240-07-72.
The State shall rehabilitate any deteriorated water
conveyance structures under the roadway and resurface
The State shall turn over all maintenance responsibility
former STH 36 under project ID 2240-07-72.
to the City for the former STH 36 on November 15th in the
year following the opening of traffic for project ID
2240-07-72
0 2. The City:
A. The City shall not be responsible for the cost for any
roadway- work, including Gesurfacing on former STH 3’6
undertaken under project ID 2240-07-72
E. The City does not accept the ownership for the right-of-
way of former STH 36.
C. The City accepts full jurisdictional responsibility for
opening to traffic of project ID 2240-07-72
former STH 36 on November 15th in the year following the
APPROVAL
This Agreement is approved and enacted by:
Authorized Signature Date
City of Muskego
Authorized Siqnature Date
0 Wisconsin Department of Transportation
2