CCR1998026COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #26-98
RESOLUTION TO FILE NOTICE OF CIRCUMSTANCES OF
CLAIMS 8 NOTICE OF CLAIMS AND TAKE NECESSARY LEGAL
ACTION AS TO CONTRACT DISPUTE WITH THE CITY OF
FRANKLIN CONCERNING THE METRO LANDFILL SITING
WHEREAS, on or about November 26, 1997, the Metro Landfill (Southeast
Expansion) Negotiating Committee, hereinafter referred to as "Local Committee,"
and Waste Management of Wisconsin, Inc., hereinafter referred to as
"Applicant," entered a certain written agreement; and
WHEREAS, on or about November 26, 1997, said agreement was submitted to
the City of Franklin, hereinafter referred to as "Franklin," for approval; and
WHEREAS, on or about December 16, 1997, the Common Council of the City of
Franklin adopted a resolution which indicated that it approved said negotiated
agreement, but, in fact, did not approve the negotiated agreement, but
incorporated substantial changes in the same; and
WHEREAS, on or about December 24, 1997, Applicant and Franklin submitted
said document to the Waste Facility Siting Board, hereinafter referred to as
"Board," and represented to the Board that this was the final negotiated
agreement; and
WHEREAS, Applicant and Franklin have misrepresented the negotiated
agreement, have violated Wisconsin law and are in breach of good faith and fair
dealing and otherwise violative of the law.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve the attached Notice of Circumstances of Claims
& Notice of Claims and does hereby direct the City Attorney, in consultation with
the Mayor, to proceed to file said Notice of Circumstances of Claims & Notice of
Claims and take any and all legal action they deem necessary against the City of
Franklin concerning this matter
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
DATEDTHIS 24th DAY OF FEBRUARY , 1998.
Resolution #26-98
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #26-98 which
was adopted by the Common Council of the City of Muskego.
W182 S8200 Racine Avenue
P. 0. Box 749
Muskego, Wisconsin 53150-0749,
CITY OF MUSKEG0
Claimant,
-VS -
CITY OF FRANKLIN
9229 W. Loomis Road
P.O. Box 32160
Franklin, Wisconsin 53132-0160,
NOTICE OF CIRCUMSTANCES OF
CLAIMS & NOTICE OF CLAIMS
Respondent.
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TO: CITY OF FRANKLIN
P. 0. Box 32160
9229 W. Loomis Road
Franklin, Wisconsin 53132-0160
NOTICE OF CIRCUMSTANCES OF CLAIMS
Please be advised that the above-named claimant is a party
with standing to sue for declaratory judgment concerning the
construction of Wisconsin Statute 5289.33, including but not
limited to Subsections 289.33(9) (g), (i), (j), (k) and (1).
PLEASE TAKE NOTICE pursuant to the provisions of
§893.80(1) (a), Wisconsin Statutes, of the following circumstances
which give rise to a claim:
1. On or about the 26th day of November, 1997, the Metro
Landfill (Southeast Expansion) Negotiating Committee (hereinafter
"Local Committee") and the applicant, Waste Management of
Wisconsin, Inc., (hereinafter "Applicant") entered into a written
agreement pursuant to Wisconsin Statute §289.33(9) (9)
(hereinafter "AgreementtO .
2. On or about the 26th day of November, 1997, the Local
Committee and Applicant submitted the Agreement to the
appropriate governing body, the City of Franklin, (hereinafter
"Franklin") for approval.
3. On or about the 16th day of December, 1997, the Common
Council of Franklin met and adopted Resolution #97-4655 entitled,
"A Resolution Approving A Negotiated Agreement For The Southeast
Expansion At The Metro Recycling And Disposal Facility".
4. In fact, said Resolution #97-4655 did not approve the
Agreement, but incorporated substantial amendments and changes to
the Agreement to the detriment of the City of Muskego
(hereinafter "Muskego") and others. These unauthorized
amendments and changes included, but were not limited to, a
substantial reduction in the amount of compensation to be
received by Muskego and others, and illegal and unilateral
attempts to change provisions of other.unrelated agreements
regarding other landfills located within Muskego.
5. On or about December 24, 1997, Applicant and Franklin
submitted the document to the Wisconsin Waste Facility Siting
Board (hereinafter "Board"). This document represented to the
Board that Resolution #97-4655 represented the Agreement,
previously approved and submitted by the Local Committee and
Applicant to Franklin.
6. This representation made to the Board by Franklin and 0 the Applicant was' false, in that Resolution #97-4655 incorporated
the amendments and changes above-referenced which had not been
submitted to nor approved by the Local Committee nor Muskego.
7. On or about December 23, 1997 and December 26, 1997,
several communities having representation on the Local Committee
advised the Board of the fact that Franklin and Applicant had
misrepresented the Agreement by submitting Resolution #97-4655 to
the Board.
8. The actions of Franklin, aforementioned, constitute a
violation of S289.33, Wis. Stats., are a breach of good faith and
fair dealing and are otherwise violative of law.
NOTICE OF CLAIM
YOU ARE HEREBY NOTIFIED, pursuant to the provisions of
§893.80(1) (b), Wis. Stats., that Muskego demands that Franklin
take the following action immediately:
A. Franklin must withdraw its request to the Waste
Facility Siting Board to accept the document embodied in
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Resolution #97-4655 as the agreement negotiated by and between
the Local Siting Board, the Applicant and Franklin under 5289.33,
Wis. Stats.
B. Franklin must refrain from submitting any documents to
the Board unless the document is a negotiated agreement between
the Local Committee, Applicant and Franklin.
C. Franklin must submit the proposed agreement to the
Local Committee for further negotiation.
D. Franklin must pay to the City of Muskego any and all
damages incurred because of the conduct of Franklin
aforementioned including, but not limited to, actual attorney
fees and costs, which sum to-date is in the approximate amount of
$10,000. This sum is exclusive of any damages and costs incurred
for continuing violations of Wisconsin Law.
In the event Franklin refuses to take all action demanded in
this Notice of Claim, the City of Muskego shall commence an
action in Circuit Court for Waukesha County for declaratory
judgment and damages determining the rights of the parties, as
well as for attorney fees, damages, costs and disbursements, and
for such other and further relief the Court may deem just and
equitable.
Dated this gp day of >A:(/? , 1998.
CITY OF MUSKEGO
By: eT-7d I
-
David L. De- gelis, Mayor
W182 S8200 Racine Avenue
P.O. Box 749
Muskego, Wisconsin 53150-0749
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