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CCR1974174RESOUITION #174-76 (AS AMENDED) ' ,, I USOUTION ESTABLISHING TtIE UTRE MUSKEGO UKE PRDTECTION AND REHABILXTATION DISTRICT By Chapter 301 of the Lev8 of 1973, the State of * Wisconsin has enacted Chapter 33 of the Statutes relating to the establishment of programs for inland lake rehabilitation and rehabilitation diotricta; WgEAS, the Camnon Council of the City of Muskego, dew it necessary and in the best intorests of the phlic health, safety, and wzlfare of the cfclrens of the City of Muskego to engage in programs and projects and other actlvitL)s which will result in the improvmenz of lakes within the City from an undesirable, undegraded condition eo a former, less, deteriorated condition or to condition of greater wefulnese, BE IT RESOLVED: Section 1: Title: mere iG hereby established the Little Huekego Lake Protection and Rehabilitation District. Ssctfon 2: Purpose: The district is established i3r the purpose of undertaking programs of lake protection and rehabilitation for lakes whose borders are entirely within th2 rehabilitation sbll consist of, without limitatLori because of erunnctration, programcr of: (a) Aeration (b) Nutrient diversion (c) Nutrient removal or imcejlvaeion (d) Edsion control (e) Sediment manipuhtion, including dredging (f) Bottan treatments (g) Aqiatic plant tmrvest~r~ Section 3: Territory: The district stia3.l be comprised of the property and territory lylng withtn the boundariee of the City of Muskego, a municipal corporatio.l, as described on Exhbit A attached hereto and incsrporated b.r reference herein. 11 II - Section 4: Governing Body: There is hereby create,j a Board of Die= Corpmissioners wkw shall be responsible fo.: the management of the affaire of the district. The district compissioners shall be the members 0.E the Cornon Council a€' the City of Nuskego and the Mayor of the City OF Muskego, who shall be its Chiman. *L Section 5: Organizationall meeting: The Board of district cmiesioners shall hold ark organizational meeting within 30 days from the adoption of this resolution at which time it shall: 1. Elect a aecreeary ad treasurer, who sbEl serve until the first annual election. 2. Adopt rules of procedure 3. Adopt by-laws Upon the election of ehe officere at the organizationa'L meeting, the Board may COnmence conducting the affairs of the district. (2) The board may mke an initial easessment of all * taxable property within the district to raiee funds ea puy organizational coats and operate the district until the receipt of the tax voted by the first annual meeting. The mmec of making the asseemument shall be within the disceeticn of the board. Section 6: Annual Meeting: The district ~bll have an annual meeting. The first annual meeting: aha11 be either during July or August:, as the Board may decide and shall be held annually thereafter unless changed by vote of the previous annul meeting. (2) The annual meeting shall be preceded by written notice mailed at least 10 days in advance of the meeting LO all alectors within the dietrict and personu owniug lends within the district and to the department. (3) The annual meeting shall: (a) Approve 6 budget for the coming year; (b) Vote a tax upon all taxable property vithin the district for the cost of operation for the conlink; year, which tax shall not exceed 8 rate of 2.5 mLEIs of aqualieed valuation, a report of which shall be delivered by the treasurer, by August 31, by certified statement to the clerk of each raunicipulbty having property within the district for collection; (c) Approve or disapprove all proposed projech by the district having a cost to the dhtrfct in cxcem of $5,000, by vote of the electors and property owners uithin the district; .~ (d) Take up and coneider such othec business as comes before it; / Section 7: District Powers: The district nay aue aatd be sued, make contracts, accept gifts, purchase, lease, devise or otherwise acquire, hold or dispoee of real or personal property, disburse money, COntmCK debt and do aach other acta as are necessary to carry out n program of lake protection and z~imbiUta?ion. (e) All contracts for the perfonuance of any work or the purchase of any materials, exceeding $500, ebll be Ice by the caolmissioners to the lowest responsible bidder in such manner as they prescribe. (b) The district may require that any contracting party give adequate securLty to assure performance of his coljenct end to pay all dameges which may arise from inadequate * performance. - Section 8: Borrowing Power: The dietrict may borrow money or isaue speyinl aesesement "b" bondo under Section 66.54 for the ftnenclng of lake protection end rehabilitation projects. All borrowing whether by the issuance of bonds or by prmlssory notes shall be as provided by stakts. Section I): Financial Ascisant: Prcgrame: The district shall also have the authority to apply fcr state aids as provided by statute. Section 10: Special asnesmenen: The comiseionc?rs may levy special assrements for the purpose of carrying out dietrict pmtectlol: and rehabilitarion projects a8 provided by statute. Section 11: Expansion of district: "be district may be enlarged 88 provided bystatute. " ectian 12: Dissolution of district: The district may be dis:olved up& a 213 vote of tte membership at an annual meeting. Upon the proper vote, the boar; of comiaeionersl mag by order, dissolve the district. The order shall bo conditiofied q?o:' ;-.c*.itio:l ti, irlw fX,n!:li: 7oltrt and appointment of a receiver to administer the winding up of the district undar the stlpenrisfo1-i of the court: and a finnl order of the COUPC. The attorney general shlL rcprcsent the state and shall be a party to every dissolution proceeding WheiG aoney is involved. MTED ms 10th MAY OF C. AITEST: 'e City Clerk TO Mike Hasslinger FROM, Louise Oszakiewski Dear Mike: ?G i. Please record the enclosed Resolution #174-74, As Amended. , Please bill the City of Muskego accordingly. Thank you, '? />LULL