CCR1982002RESOLUTION #2-82
APPROVAL OF STIPULATION AND AUTHORIZING
RELATED ACTIVITIES REGARDING SETTLEMENT
OF THE MMSD vs. CITY OF FRANKLIN LITIGATION
a WHEREAS, the 15 municipalities which are plaintiffs in that
certain action entitled City of Franklin, et al. vs. Metropolitan
#531-895, Circuit Court of Milwaukee County, Wisconsin, determined
Sewerage Commission of the County of Milwaukee, et al., Case
to commence said action in the event the Master Facilities Plan
of the Metropolitan Sewerage District (District) of the County
of Milwaukee was not amended to eliminate the separation of
District-wide expense, and,
combined sewers and the rehabilitation of local sewers at
WHEREAS, it appears possible to settle the above described
action on the basis of amendments to the Master Facilities
Plan of the District eliminating the separation of combined
sewers and the rehabilitation of local sewers at District-wide
expense ; and,
WHEREAS. soecial counsel for the Dlaintiffs have received a
letter from David S. Branch, Senibr Staff Attorney of the District,
dated December 18, 1981, together with a proposed settlement
Stipulation, a true and correct copy of which is attached hereto,
made a part hereof and marked Exhibit A, said stipulation being
identical with the stipulation tendered on December 11, 1981,
except for paragraph numbered 7(g) which has been amended to
include language requested by the Attorney General, and,
WHEREAS, the District has requested that notice and hearing be
authorized in regard to the class-action status of the litigation,
whereby members of the class are given the opportunity to appear
and be heard relative to the merits of the Stipulation prior to
the entry of an Order, Judgment and Decree based upon the
Stipulation, the language to implement such notice and hearing
being set forth in Exhibit B which is attached hereto and made
a part hereof, and,
WHEREAS, the plaintiff municipalities heretofore appointed a
litigation, and,
WHEREAS, the Coordinating Committee has approved the Stipulation
plaintiff adopt a resolution approving the Stipulation and
and recommended that the governing body of each municipal
authorizing related activities,
THEREFORE, BE IT RESOLVED the Common Council of the City of
Muskego, that it hereby:
- Coordinating Committee to approve proceedings relating to the
(1) Approves the Stipulation tendered December 18, 1981,
B and authorizes the signature of the Stipulation
together with the provisions contained in Exhibit
in behalf of this municipality by special counsel.
i
(2) Authorizes the dismissal of the Complaint as to the
County of Milwaukee, and/or the County Executive of the
County of Milwaukee in the event that either of them
does not sign the Stipulation.
(3) Authorizes the continued existence of the Coordinating
Committee for a period of five (5) years following the
signing of the Order, Judgement and Decree approving
the Stipulation, to meet at the call of the chair, for
the purpose of monitoring the implementation of the