CCR1980109RESOLUTION #109-80
PARTICIPATING WITH OTHER COMMUNITIES IN ACTION
AGAINST THE MILWAUKEE SEWERAGE COMMISSION AND
THE METROPOLITAN SEWERAGE COMMISSION
WHEREAS, The Milwaukee Sewerage Commission and the Metropolitan
Sewerage Commission are scheduled to vote on June 6, 1980, on
a facilities improvement plan that would cost an estimated
1.6 billion dollars, and,
WHEREAS, one half of the said project cost is for the
separation of combined sewers (650 million) in a 27 square mile
area principally in the City of Milwaukee, and for the rehabilitation
of existing defective sewers (150 million) also principally in the
City of Milwaukee, and,
WHEREAS, historically the construction and repair of collector
sewers has been a local and not a district obligation, and,
WHEREAS, the staffs of the two Commissions have recommended
the cost of such separation and rehabilitation be borne by the
entire Metropolitan sewerage district, and,
WHEREAS, the inclusion of local sewer separation and local
District will result in all the communities in the District
sewer rehabilitation as part of the Metropolitan Sewerage
unfairly being compelled to share in the costs thereof, at
great expense to their taxpayers, and,
WHEREAS, it appears that the inclusion of such work in the
Metropolitan project is inequitable, illegal and unconstitutional
and should be challenged, and,
WHEREAS, it has been proposed that if the facilities plan
is not modified to eliminate the above-described sewer separation
and rehabilitation, the affected communities joining together
as co-plaintiffs in a legal action to determine that:
(1) The sewer separation and rehabilitation are
District.
local obligations that cannot be assumed by the
(2) That the County Board of Milwaukee County cannot be
compelled by court to issue bonds in excess of
debt limit as established by Article XI, Section
3, of the Wisconsin Constitution.
(3) That the facilities plan for the Milwaukee Water
Pollution Abatement Program and any resolution,
tax, borrowing or securities adopted or issued
stitutional.
in pursuance thereof is/are illegal and uncon-
(4) The City of Muskego cannot be forced to contract
with the Milwaukee Sewerage Commission and the
Metropolitan Sewerage Commission for service which
would create an unbearable burden on the taxpayers
of the City of Muskego.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego that if said facilities plan is not modified as
plaintiff with other affected communities and taxpayer citizens in
above described, that said municipality hereby joins as a co-
a legal acti'on for the purposes herein set forth, and hereby
expressly authorizes commencement of legal action against the
Sewerage Commission of the City of Milwaukee, the Metropolitan
Sewerage Commission of the County of Milwaukee, and the
Metropolitan Sewerage District of the County of Milwaukee, and any
other appropriate defendants.
” ..~_ Ij Page -2-
BE IT FURTHER RESOLVED that there is hereby appropriated by the
City of Muskego Sewer Utility the sum of $5,000.00 to be paid
to the City Comptroller of the City of West Allis, as financial
agent for the coordinating committee, to establish a fund for
made UDOn the armroval of said committee. with any unexpended
the costs of litigation, with disbursements therefrom to be
funds remaining-to be reimbursed to the participating
municipalities.
BE IT FURTHER RESOLVED that Attorney Harold Fuhrman and
George Schmus are hereby appointed as special counsel to (1)
conduct said legal action, (2) and/or negotiate with the said
commissions to modify the facilities plan.
BE IT FURTHER RESOLVED that before any additional monies are
City of Muskego must approve the plan for apportionment of the
appropriated by the Sewer Utility the Common Council of the
cost.
BE IT FURTHER RESOLVED that any motions or resolutions heretofore
adopted, in any way signifying approval or acceptance of a
preparation or approval by the Commissions, and prior to hearings
theron, are hereby repealed and rescinded.
DATED THIS 2 7 DAY OF
a Metropolitan District facilities plan, in advance of its
+ , 1980
FINANCE COMMITTEE
c
AAV\ f? d. Edbin P: Du’mke
Ald. Michael Weed
Ald. Wayne Radtke
ATTEST. -
City Clerk
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