CCR2008147-MVFC
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
TABLED AT COMMON COUNCIL ON 12/16/2008
RESOLUTION NO. 147-2008
A RESOLUTION TO DISBAND THE MUSKEGO VOLUNTEER FIRE COMPANY
AND TO DEMAND TRANSFER OF ASSETS FROM THE
MUSKEGO VOLUNTEER FIRE COMPANY
TO THE CITY OF MUSKEGO
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WHEREAS, on or about December 13, 1991, in conjunction with the City of
Muskego purchasing a fire station for the use of the Muskego Volunteer Fire Company,
the City of Muskego and the Muskego Volunteer Fire Company entered an Agreement
regarding the ownership of property and transfer of assets; and
WHEREAS, such Agreement provided that in the event that the City of Muskego
and the Muskego Volunteer Fire Company are unable to agree to terms for the
provision of fire protection services to the City or in the event that Muskego Volunteer
Fire Company, for any other reason, fails to provide fire protection to the City, then and
in that event, the Muskego Volunteer Fire Company “shall transfer all its property and
assets, whether real or personal, which is at that time titled in the name of COMPANY
or jointly in the name of the COMPANY and the CITY, to the sole ownership of the CITY
and shall relinquish all ownership rights in said property and shall sign all documents
the CITY deems necessary to accomplish the same;” and
WHEREAS, in recent years the City of Muskego Common Council has been
dissatisfied with several operational, administrative and financial issues involving the
Muskego Volunteer Fire Company and has made many attempts to try to have the
Muskego Volunteer Fire Company address these concerns; and
WHEREAS, in the Fall of 2006, the City of Muskego hired TriData, a division of
System Planning Corporation, to study the fire protection services within the City of
Muskego, which culminated in the Spring of 2007 in an extensive report which outlined
numerous issues and recommendations as to the organization and operation of both fire
companies and their relationship to the City; and
WHEREAS, the City of Muskego Common Council, after carefully considering
the various recommendations in the consultant’s report and other fire department
issues, has determined, in its discretion, that it would be more efficient and in the best
interests of the City of Muskego for the City to provide fire protection services by
contracting with a single volunteer fire company, as described in Resolution 212-2007;
and
WHEREAS, the City of Muskego Common Council has determined that it is
unable to negotiate with the Muskego Volunteer Fire Company the formation of a single
volunteer fire company, as described in Resolution 070-2008; and
WHEREAS, the City of Muskego Common Council intended by Resolution 070-
Reso. #147-2008 Page 2
2008 that this issue would be submitted to mediation with the fire companies, but has
since determined that such mediation is unlikely to succeed; and
WHEREAS, the City of Muskego Common Council has had ongoing concerns
about the operational, administrative and financial accountability of the Muskego
Volunteer Fire Company; and this is a significant issue to the City because the City of
Muskego pays all, or nearly all, of the operational cost of the Muskego Volunteer Fire
Company; and
WHEREAS, the City has encountered significant resistance and lack of
cooperation from the Muskego Volunteer Fire Company regarding the City’s attempts to
address such concerns; and the Common Council now believes that the concerns and
conflicts are irreconcilable, such that furthering the relationship is not in the best
interests of the City of Muskego; and
WHEREAS, the City of Muskego Common Council is unable to agree to
terms for the provision of fire protection services with the Muskego Volunteer Fire
Department; and
WHEREAS, the Tess Corners Volunteer Fire Company has offered to serve
all of the City of Muskego, on terms that are acceptable to the City of Muskego,
and which eliminates the need for the continued service of the Muskego Volunteer
Fire Company; and
WHEREAS, Wisconsin Statutes Section 213.04 empowers the Common
Council to disband any fire company located within the City when they consider it
proper; and
WHEREAS, the City of Muskego Common Council considers it proper to
disband the Muskego Volunteer Fire Company, as such company will no longer
have a fire protection role within the City of Muskego after the Tess Corners
Volunteer Fire Company commences service to the entire City of Muskego.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of
the City of Muskego, Waukesha County, Wisconsin that the Muskego Volunteer
Fire Company is hereby disbanded, effective immediately upon the effective date
of a contract entered between the City of Muskego and the Tess Corners Volunteer Fire
Company for fire protection services for that part of the City which has heretofore been
served by the Muskego Volunteer Fire Company; and
BE IT FURTHER RESOLVED that the Muskego Volunteer Fire Company shall
settle up its business affairs as required by Wisconsin Statutes Section 213.04, by
complying with section 4 of its contract with the City dated December 13, 1991;
specifically the Muskego Volunteer Fire Company is ordered to transfer all of its
property and assets, whether real or personal, which is titled in the name of the
Reso. #147-2008 Page 3
Muskego Volunteer Fire Company, or jointly in the name of the Muskego Volunteer Fire
Company and the City of Muskego, to the sole ownership of the City of Muskego, and to
relinquish all ownership rights in said property and to sign all documents the City of
Muskego City Attorney deems necessary to accomplish the same; and
BE IT FURTHER RESOLVED that the Mayor of the City of Muskego and the City
Attorney are directed to prepare the necessary documents and to communicate the
requirements of this Resolution to the Muskego Volunteer Fire Company on behalf of
the City of Muskego.
Dated this _____ day of _______________________, 2008.
Deferred: 07/22/2008, 08/26/2008
09/23/2008, 10/14/2008
10/28/2008, 11/11/2008
11/25/2008, 12/09/2008
TABLED: 12/16/2008
CITY OF MUSKEGO
____________________________
Mayor John Johnson
ATTEST:
__________________________________
Janice Moyer, Clerk/Treasurer
Published and/or posted this _____ day of _____________________, 2008.