CCR2014009-Legislation-Drainage Districts
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #009-2014
RESOLUTION REQUESTING THE STATE LEGISLATURE
SUPPORT CHANGES REGARDING DRAINAGE DISTRICTS
WHEREAS, The Dover Norway Drainage District is purportedly a governmental entity
theoretically charged with creating and organizing a drainage system to remove water
across multiple parcels of land. Drainage districts were originally used mainly to control
water flows in agricultural areas. As a creation under Wisconsin Statutes Chapter 88,
state law provides that drainage board members are appointed by a court and have
authority to levy assessments, obtain injunctions, hire specialists, borrow money, and
construct and maintain district drains among other things, as described therein; and
WHEREAS, While drainage board actions must comply with all provisions in Chapter 88
as well as rules promulgated by the Department of Agriculture, Trade and Consumer
Protection, they are not elected by members of the district that are subject to taxation.
The purpose of the laws has long since passed in urban and developing areas like
Muskego, and the stated ability to levy taxes without representation is as strongly
objectionable as any overreaching power of government can be, reminiscent of the
battle cries of our founding fathers. First and foremost, there should be an
intergovernmental agreement per State Statute 66.0301. Additionally, these districts
with taxing authority as determined by the State of Wisconsin should not be without
elected representation; and
WHEREAS, A significant portion within the City of Muskego lies within the watershed
that could be faced with annexation and taxation by the drainage district without elected
representation. (See Map Attached) The City and its residents reserve all rights, and
nothing herein is an admission that unchecked annexation and taxation would prevail,
yet the enormity of the concern is clearly shown in the attached Map.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego urges the Wisconsin State Legislature to change the antiquated law to require
elected representation in all drainage districts and require an intergovernmental
agreement per State Statute 66.0301.
BE IT FURTHER RESOLVED That the City of Muskego strongly encourages the Town
of Norway/Wind Lake and the City of New Berlin to adopt a similar resolution to be
submitted to their respective State representatives.
TH
DATED THIS 28 DAY OF ____JANUARY_____, 2014.
___________________________
Mayor Kathy Chiaverotti
Reso. #009-2014 Page 2
This is to certify that this is a true and accurate copy of Resolution #009-2014 which
was adopted by the Common Council of the City of Muskego.
____________________________
Clerk-Treasurer
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