CCR1996270COMMON COU
RESOLUTION #270-96
RESOLUTION TO FILE NECESSARY CLAIM AND
TAKE NECESSARY LEGAL ACTION AS TO CONTRACT DISPUTE
OVER SEWER CONNECTIONS WITH TOWN OF NORWAY
SANITARY SEWER DISTRICT
WHEREAS, the City of Muskego has an Agreement with the Town of
Norway Sanitary District dated April 6, 1978; and
WHEREAS, that Agreement describes the City's available capacity
in the Town of Norway Treatment facility; and
WHEREAS, a dispute has arisen between the City of Muskego and the
Town of Norway Sanitary District regarding allocation of that
capacity; and
WHEREAS, the City of Muskego has two requests for sanitary sewer
and
service for Roland Haut and the Muskego-Norway School District;
WHEREAS, the sanitary district has refused to grant the City of
Muskego all of its capacity; and
WHEREAS, the Norway Sanitary District has granted 35 connections
for the use of the Muskego-Norway School District only.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the
City of Muskego, upon the recommendation of the Public Utilities
Committee, does hereby direct the City Attorney, in consultation
with the Mayor, to proceed to file the necessary notice of
circumstances of claim and claim and take necessary legal action
against the Town of Norway Sanitary District for determination of
contract allocation for capacity in the Town of Norway treatment
facility.
BE IT FURTHER RESOLVED that the Mayor, Clerk-Treasurer and City
Attorneys are authorized to execute all the necessary
documentation, in consultation with the City Attorney, for said
notice, claim and legal action.
BE IT FURTHER RESOLVED that the City may grant the 35 Connections
Muskego-Norway School District only if the school district agrees
approved by the Norway Sanitary District for use by the
to indemnify and hold harmless the City for any claims growing
out of this action in a form acceptable to the Mayor in
consultation with the City Attorney.
BE IT FURTHER RESOLVED that this action shall not be considered
Sanitary District sewer contract as it relates to the allocation
of capacity.
, .b as the City relinquishing any of its rights under the Norway
Resolution #270-96
DATED THIS 26th DAY OF NOVEMBER , 1996.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy Of
Resolution #270-96 which was adopted by the Common Council of the
City of Muskego.
11/96 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #270-96
RESOLUTION TO FILE NECESSARY CLAIM AN
TAKE NECESSARY LEGAL
OVER SEWER CONNEC
SANITARY SEWER DISTRICT
WHEREAS, the City of Muskego
Norway Sanitary District date
WHEREAS, that Agreement descr
in the Town of Norway Treatment facility;
WHEREAS, a dispute has arisen
Town of Norway Sanitary Distr
capacity; and
WHEREAS, the City of Muskego has two
service for Roland Haut and t
and
Muskego all of its capacity.
WHEREAS, the sanitary distric
NOW, THEREFORE, BE IT RESOLVED
City of Muskego, upon the reco
t the Common Council of the
ation of the Public Utilities
Committee, does hereby direct City Attorney, in consultation
with the Mayor, to proceed to
circumstances of claim and c
against the Town of Norway S nitary District for determination of
contract allocation for capacity in the Town of Norway treatment
facility.
BE IT FURTHER RESOLVED that the Mayor, Clerk-Treasurer and City
Attorneys are authorized' to execute all the necessary
documentation, in consyltation with the City Attorney, for said
notice, claim and legaCl action.
h the Town of
0 B /
1
DATED THIS DAY OF , 1996.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #270-96 which was adopted by the Common Council of the
11/96jmb
Clerk-Treasurer