CCR2000212I. COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #212-2000
RESOLUTION AUTHORIZING FILING, SERVING AND TAKING ALL NECESSARY
ACTIONS TO FILE A JUDICIAL REVIEW OF THE OCTOBER 6,2000 DEPARTMENT
OF NATURAL RESOURCES (DNR) APPROVAL OF THE SEWER USER
ORDINANCE AND USER FEES ADOPTED BY SANITARY DISTRICT NO. 1 OF THE
TOWN OF NORWAY AND A NOTICE OF CIRCUMSTANCES OF CLAIM AND CLAIM
BY THE CITY OF MUSKEG0 AGAINST
SANITARY DISTRICT NO. 1 OF THE TOWN OF NORWAY (DISTRICT)
WHEREAS, The City of Muskego, hereinafter referred to as "City," has attempted,
unsuccessfully, to negotiate a new intermunicipal Agreement with Sanitary District No. 1
of the Town of Norway, hereinafter referred to as "District": and
WHEREAS, The District adopted a Sewer User and Fee Ordinance that the City
believes to be in violation of the Wisconsin Administrative Code and in violation of the
rights of the City of Muskego, and
WHEREAS, The DNR has issued a determination that the Sewer User and Fee
Ordinance is not in violation of the Wisconsin Administrative Code nor in violation of the
rights of the City of Muskego, and
WHEREAS, The District has previously charged excess fees under the previously
adopted Sewer User and Fee Ordinance such that the City is entitled to reimbursement.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby direct the City Attorney, in consultation with the Mayor, to
proceed to file an action, in the Circuit Court for Waukesha County, for judicial review of
the October 6,2000 DNR approval of the sewer user ordinance and user fees adopted
by Sanitary District No. 1 of The Town Of Norway.
BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does
hereby direct the City Attorney, in consultation with the Mayor, to proceed to file notice
of circumstances of claim and claim against the District to recover excess fees charged
under the previously adopted Sewer User and Fee Ordinance.
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BE IT FURTHER RESOLVED That the Mayor, City Attorneys and all other City officials
are authorized to execute any necessary documentation in this regard.
DATED THIS 24th DAY OF October ,2000
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #212-2000 which
was adopted by the Common Council of the City of Muskego.
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