CCR1998218COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #218-98
APPROVAL OF JURISDICTIONAL TRANSFER AGREEMENT
BETWEEN THE WISCONSIN DEPARTMENT OF TRANSPORTATION
AND THE CITY OF MUSKEG0
WHEREAS, The attached agreement provides for the transfer of the jurisdictional
responsibility for the former State Trunk Highway (STH) 36 from Loomis Drive to the
east corporate limits; and
WHEREAS, The Public Works Committee has reviewed the agreement and has
recommended approval.
NOW, THEREFORE, 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.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the agreement
in the name of the City.
0 DATED THIS IOTH DAY OF NOVEMBER , 1998.
SPONSORED BY:
PUBLIC WORKS COMMllTEE
Ald. Don Pionek
Ald. Kathy Chiaverotti
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #218-98 which was
adopted by the Common Council of the City of Muskego.
11198jmb
JURISDICl7ONAL 'IRATVSFER AGREEMEAT
0
BENEEN
THE WISCONSIN DEPARTMEhT OF TRANSPORTATION
hVD
THE CITY OF RlL'SKEGO
This agrsement, made and enterti into by and between the Wiscxsin
Department of Transportation, htreirzfcer called the State, and the Ciry
of Muskego, hereinafter called cf:? City, provides for the transfer of
the jurisdictional responsibility for the former State Trunk Highiiey
(STHI 36 from Loomis Drive to r-he ezst corporate limits, all within cne
City.
Whereas, the State is reconstrucrinq the STH 36 aliarment from Locmis - ~ Drive to the east corporate limirs at a new location under Projecc I3
2240-07-72, and
Whereas, following such reconstrncrion, the former STH 36 alignment from
Loomis Drive to the east corporare limits will no longer serve throuTh
traffic and will be functionally clsssified as a local road, and
Whereas, the State desires to transfsr the jurisdictional responsibility
for the former STH 36 alignment to rne City, and
Whereas, the City is willing to acc??t the jurisdictional responsibility
for the former STH 36 alignment from the State, and
Whereas, Section 84.02 (E), Wiscorsin Statutes, enables the Stat? to
enter into jurisdictional trar.sfzr agreements with local units of
government, thereby facilitating such alterations in jurisdictional
highway systems.
Now Therefore, the parties hereto d3 mutually agree to the transfer of
the jurisdictional responsibility fsr the highway described below under
the conditions described below.
ROUTE DESCRIPTION:
easterly to the east corporate limits, a distance of 0.57 miles and
Former STH 36 alignment from the tzsterly right-of-way of Loomis Drive
consisting of the entire area wixhin its right-of-way boundaries 2nd
including any sidewalks, located in Township 5 North, Range 20 Esst.
Secr-ion 25, all within the City, but exclusive of fee simple ownership
thereof, if any, hereinafter called "former STH 36 alignment".
0 CONDITIONS OF TRANSFER:
The City will accept full jurisdictional responsibility for the former
STH 36 alignment following the resurfacinq of its paved roadway by the
State under Project ID 2240-11-70.
RESPONSIBILITIES:
1. The State shall:
A. Maintain the roadway of rhe former STH 36 alignment until the
first November 15th following the opening of traffic to project ID
2240-11-70.
B. Retabilitats any deteriorated water conveyance structures
under the roadway of the formes STH 36 alignment and all
project ID 2240-11-70.
connections to the same to othsr water conveyance structures under
The responsibility for repair and
maintenance of water conveyancs structures under the roadway of the
former STH 36 alignment at its intersection with USH 45 and its
connecting water conveyance structures northward toward relocated
STH 36 shall remain with the State.
C. Resurface the paved roadway of the former STH 36 alignment
under project ID 2240-11-70.
D. Perform ditching and shaping work along the south side of the
City and State, for a distancs of 14 stations (1400 L.F.). The
former STH 36 alignment, which is part of a 50% cost share between
total cost of the work is estimated at $20,000.00. The work will
take place in the 1999 construction season under project I.D. 2240-
11-70. The State will bill the City for a $10,000.00 lump sum
payment for completed work.
E. Perform ditching and shaping work along the north side of the
former STH 36 alignment as part of project ID 2240-11-70.
possession and control for the former STH 36 alignment to the City
F. Turn over full jurisdictional responsibility including
project ID 2240-11-70.
on the first November 15‘h following the opening of traffic to
G. Environmental
(1) In consideration of the City entering this agreement,
the State, with respect to any environmental
contamination that is present or existed within the
right-of-way of the former STH 36 alignment prior to the
2
- ~. - ..
first November lSth following .the opening of traffic to
project ID 2240-11-70, hereby agrees to retain
responsibility for and address any obligation imposed by
law far any such environmental contamination.
(2) If any person, corporation or entity shall notify the
City with respect to any such environmental
contamination described in Section lF(1) of this
agreemznt, znen the City shall promptly notify the State
thereof in writing; provided, however, that failure to
give such notification shall not affect the terms and
conditiom af this agreement, unless the State shall
have been actually prejudiced as a result of such
failure, and then only to the extent of such prejudice.
(3) To the extent tthat any action taken by the State in
described in Section lF(1) of this agreement affects the
connection with any such environmental contamination
terms and conditions of this agreement with the City,
the City shall concur with any such action.
2. The City shall:
A. Not be responsible for the cost for any roadway work,
including resurfacing on the former STH 36 alignment,
undertaken under project ID 2240-11-70 except as otherwise
provided in Sections 1D and 2B of this agreement.
B. Make lump sum payment of $10,000.00 to the State for completed
ditching and shaping rehabilitation of the south side ditch of
the former STH 36 alignment for a distance of 14 stations
(1400 L.F.). This lump sum payment is a 50% cost share
between the City and State of an estimated total cost of
$20,000.00 for tnis work.
C. Accept full jurisdictional responsibility including possession
November 15rh following the opening of traffic to project ID
and control for the former STH 36 alignment on the first
2240-11-70.
D. Environmental
(1) In consideration of the State entering this agreement,
the City, with respect to any environmental contamination that occurs
within or impacts the right-of-way of the former STH 36 alignment on or
after the first November 15fh following the opening of traffic to
project ID 2240-11-70, hereb y agrees, regardless whether the State holds
address any obligations imposed by law for any such environmental
any interest in said rignt-of-way, to be solely responsible for and
contamination
3
(2) If any person, corporation or entity shall notify the
State with respect to any such environmental contamination describsd in
Section 2D(1) of this agreement, then the State shall promprly notify
notification shall not affzct the terms and conditions of this agreement
the City thereof in writing; provided however, that failure to give such
nor impose liability on the State for any such environmental
contamination.
any rights in any third person against the parties to this agreement.
3. Nothing in this agresment shall be taken as creating or increasing
APPROVAL
This agreement is approved and/or enacted by:
Authorized Sisnature Date a City of Muskego
Authorized Signature Date
Wisconsin Department of Transportation
4