CCR1982227RESOLUTION NO. 227-82
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RESOLUTION AUTHORIZING THE CITY OF
MUSKEGO TO JOIN WITH OTHER
COMMUNITIES IN ALL LEGALl LEGISLATIVE,
ADMINISTRATIVE AND POLITICAL ACTIONS NECESSARY
TO SECURE A CONTRACT WITH THE MILWAUKEE
METROPOLITAN SEWERAGE DISTRICT BASED UPON FLOW
OR SEWERAGE STRENGTH FOR THE RECOVERY OF
CAPITAL COSTS AND MTHORIZING AN APPROPRIATION
OF $ AS CITY OF MUSKEG0 ‘S SHARE
IN ESTABLISAING AN INITIAL FUND TO COVER SUCH
WHEREASl the City of Muskego
currently has or is attempting to obtain a service contract with the
Milwaukee Metropolitan Sewerage District based upon volume of flow
or sewerage strength as the factors upon which capital costs are
recovered by the Milwaukee Metropolitan Sewerage District, and
WHEREAS, the Milwaukee Metropolitan Sewerage District,
through its staff, has taken the position that it will renew service
contracts or enter into future service contracts only upon the basis
of equalized valuation of each community which contracts with the
Milwaukee Metropolitan Sewerage District for sewerage treatment
services, and
WHEREAS, a contract based upon equalized valuation for the
recovery of capital costs will result in contracting municipalities
unfairly being compelled to share in capital costs recovery at great
expense to their taxpayers, and a WHEREAS, a contract based upon equalized valuation, as
respects the contract communities, is excessive in charge,
unreasonable, unjust, illegal and unconstitutional and should be
challenged on all fronts, and
WHEREAS, although the estimated cost of taking various
9 actions could well exceed $500,000.00, such amount is minor when
compared to the many millions of dollars that the contract
municipalities will incur if such communities are compelled to sign
service contracts by which capital costs are recovered on the basis
of equalized valuation, and e WHEREAS, the sum of $200,000.00 is needed for the
establishment of an initial fund for the taking of any and all
action necessary as outlined above, and additional sums may be
required from time to time.
NOW, THEREFORE, BE IT RESOLVED by the Common Council
of the City of Muskego that the
municipality hereby joins with other affected municipalities
taxpayer citirene in any and all actions for the purposes herein set
forth and expressly authorizes commencement of legal action against
the Milwaukee Metropolitan' Sewerage District, and any other
appropriate defendants, for the taking of administrative action to
and e
the Public Service Commission as necessary, and for such all and
further actions as shall be necessary for the purposes herein set
forth.
BE IT FURTHER RESOLVED that the creation of an Executive
Committee ie hereby approved. Tho commitloc~ mnmlmrti idhil I I)[!
elected by each of the participating contract municipalities
on the basis of one vote per municipality. The committee
shall control all proceedings taken in accordance with this
resolution.
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BE IT FURTHER RESOLVED that there is hereby appropriated
the sum of up to $ 21,000.00 to be paid to Comptroller - City of
Brookfield as financial agent for the Executive Committee within 30
days of adoption hereof, to establish an initial fund for the costs
of litigation, attorney's fees, disbursements, lobbying fees,
engineering feea, accounting fees, and such other fees and costs as
shall be deemed reasonable by said Executive Committee, with any
unexpended funds remaining to be reimbursed to the participating e
contract municipality. The initial appropriation and all subsequent
appropriations shall be based upon the flow which each participating
municipality is estimated to discharge to the Milwaukee Metropolitan
Sewerage District between 1985 and 2005 inclusive or as determined
by the Executive Committee.
BE IT FURTHER RESOLVED that the authority to appoint firms
of attorneys as special counsel to conduct all legal, administrative
and political actions necessary, and negotiate on behalf of the
contract municipalities is hereby delegated to the Executive
Comn i t tee. e
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BE IT FURTHER RESOLVED that any motions, resolutions, or
other actions heretofore adopted or taken which in any way signify e approval or acceptance by any contracting municipality of a service
contract by which capital Costs are recovered on the basis of
e equalized valuation are hereby cepe
Parsed this - $ diy of
Approved this day of
APPROVED:
@,A&#&!/#$ _. e Charlotte L. Stewart
c
City Clerk
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