CCR1997114COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #114-97
WITH LEGAL ACTION AGAINST SANITARY DISTRICT NO. 1
RESOLUTION AUTHORIZING CITY ATTORNEY TO PROCEED
OF THE TOWN OF NORWAY
WHEREAS, the City of Muskego filed a Notice of Circumstances of
Claims and Notice of Claims dated January 21, 1997 with the
Sanitary District No. 1 of the Town of Norway on or about January
30, 1997; and;
WHEREAS, there has been no resolution of said Claims to the
attached hereto.
satisfaction of the City of Muskego, a copy of said notices being
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby authorize the City Attorney to
proceed in a timely manner with any necessary legal action as to
said Notice of Circumstances of Claims and Notice of Claims.
DATED THIS 27th DAY OF MAY , 1997.
SPONSORED BY:
David L. De Angelis, Mayor
This is
City of
Resolut
5/97 jmb
.ion #114-97 which was adopted by the Common Council of the
to certify that this is a true and accurate copy of
Muskego.
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CITY OF MUSKEG0
W182 59200 Racine Averus
P. 0. Box 903
Yluskego, WiSCOC6in 53350,
NOTICE OF CIRCUMSTANCES OF
Zlzinant ,
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SANITARY 3ISTRI.CT KO. L
OF THE TOWN OF NCRWAY
Wind, 7.akls. Wis:or,sin 53185,
6419 Keg Park Road
Respondent.
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TO: SLVLTARY DISTRICT NC. 1
OF THE TOWN OF N0ZO.Y
Wind Lake, Wisconsin 53185
6419 Heg Park Road
p"q
?lease be advised that ;he aimve-captioned claimant is a
parry wit.h stacdicg :o sue for declaratory judgment concerning
the meaning of an agreement for sewer service dated April 16,
1378 by and betweef. Sanitary District No. 1 of the Town of
Norway, hereinafter referred to as ofDistrict'l, and the City o€
MLskego, hereinafter referred to as "City". You are hereby
formally zotified on behalf of the c?aimant, pursuant to the
provisions of §993.80(1) (a), Wisconsiz SLat.Jtes, of the
circumstances of the following cl;,irns:
1. The Distric: has stated that it interprets the
contract ca mean that the City's use of tf?e District Sanitary
Sewer Facility is limited to a "pak wet" flow of 191,750
galAons pcL Cay a;:d, c'neraEalre, tha rityln use is above 'chat
allowed by the agreema-nt. The City hao taken the position that
tke contract limit of 393,750 ga1;Lcr.s per day is a "base dry"
flow ?.umber and tha: mans the City's "base dry" flow number is
below the xse alLowe5 by cne contract and not above the use
allowed by the contract as contendsd by cne District.
2. That certain persons have applied to the City for
permission to conmct to sewer serv,lce iil that parr; of the City
within the District sewer service a'rea and the City has granted
permission for certain of those persons to cmnect contingent
upon the District approving the same. The District has denied
permission for new sanitary sewer connections within the City
urr:il the 14th day of November, 1996 statlag thac the City was
in vioiation of the contract in that the zse being made within
the city was in excess of that alicwed by the contract of
191,750 gallons per day.
3. On the 14th day of November, 1996, the District,,
however, did grant to the Muskego-Slorway School District, for
purposes of building within the City, 35 additional sewer
connections, ever. though it had denied such connec:ions to
others within the City.
4. In light of all the foregoing circumstances of claim,
I the District should be ordered to tio the fallowing!
A. Correctly interpret the coctract co determine
the City's usage based upon a base dry-fluw per as.y syscem; ~ILJ
B. Gram permissioa fo:c all sewer connections
areviously granted by the City to 'connect to the District's
system.
NOTICE OF
YOU ARE HERESY NOTIFIED, pursuant to the provisions of
§893.80(1) (bl, Wisconsin Statutes, that as a result of the
above-stated cosduct of the gistrict, the City maintains a
claim On the basis chat it has been deprived of the right to
extend additional sewer cor.neetions, in violation of the
contract. Therefore, the City der.ands tne immediate grar.ting
the City demands that the District, interpret :he contract io
permit 191,750 galions per day on a base dry flow basis, and
permic future requests for sewer c:onnections on this basis. In
thc event the District denies che City's claim, the City shall
commence an action in the Circuit Court for Waukesha County for
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all Pendirw Ciiy. xeyucsta for fewer exterxinns in addition,
declaratory judgmen: determining the rights of the parties and
for attorney fees, costs and disbursements and for such other
relief that the Courc may deem ;usE and equitable.
Dated this 21s: day of Zanuary, 1997.
W1.82 $8200 RaciLe Avenue
F,O. Box 903
Muskego, Wiscoasin 53150
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