Loading...
CCR1983009. RESOLUTION NO. 9-03 RESOLUTION OF PARTICIPATION IN THE BE KNOWN AS 'PLOW" (PAIR LIQUIDATION C)P WASTE) IN ORDER TO COALITION OF CONTRACT CO!4MUNITlES TO OBTAIN A NEW MASTER SERVICE AGREEMENT WITH THE MILWAUKEE METROPOLITAN SEWERAGE DISTRICT 4ND REMAIN A CONTRACT COMMUNITY OUTSIDE THE DISTRICT BOUNDARIES OF THE UILW9UKEE METROPOLITAN SEWERAGE DISTRICT WHEREAS8 communities border with the Milwaukee Communities') have the transportation i 8 WHEREAS, the City of Huskeqo, along with certain other ng on Milwaukee County (the "Contract or are attempting to obtain service agreements Metropolitan Sewerage District (the "MMSD") for treatment and disposal of sanitary sewage, and said service agreements provide for capital cost recovery on the basis of volume of flow or sewage strength (a 'flow basis"), and of Mequon, Muskego and New Berlin have been active in negotiations with the MMSD for new service agreements, and WHEREAS, certain Contract Communities including the Cities WHEREAS, as part of said negotiations the MMSD has taken the position that it will renew service agreements or enter into on an equalized valuation formula as opposed to a flow basis, and future service agreements only if capital recovery charges are based upon equalized Valuation is neither fair nor supported by national WHEREAS, a service agreement with capital recovery based data which suggests that a flow basis is the much more common method of capital recovery, and WHEREAS, the Contract Communities share a common interest in obtaining a new master service agreement with the MMSD containing a capital recovery method whereby Contract Communities pay their fair share of capital coste based on service received from the MnSD, and WHEREAS, the WSD has recently proposed rules for redefinition of its boundaries which, if successfully carried into Community into the UMSD, and effect, would incorporate all or a portion of each Contract Comunitiee to foro a coalition in a united effort to obtain a WHEREAS, it is in the best interests of the Contract master Service agreement with the MMSD containing a reasonable and just capital recovery formula, and WHEREAS, while the estimated cost of negotiating a new master service agreement and taking additional actions hereina€ter enumerated could well exceed $500,000, particularly if extended litigation is involved, such amount is minor when compared to the millions of dollars of additional costs that Contract Communities would incur if a new master aervice agreement contained a capital recovery formula based upon equalized valuation, and 8 WHEREAS, the sum of $200,000 is needed for the establishment of an initial fund for taking any and/or all of the actions enumerated below and additional sums may be required from time to time in the future, and WHEREAS, each of the member communities of the Coalition has previously or will be adopting a resolution, and it is deemed in the best interests o€ all member communities o€ the Coalition that a procedures by which participation of each member community will uniform resolution be adopted reflecting a common purpose and common occur, and WHEREAS, the MMSD has proposed rules which exceed the statutory rulemaking authority as given the District in Chapter 282, Laws of 1981, including as part thereof the redefinition OE the District boundaries beyond their present limits without consent of the municipality into which such redefinition would occur, 0 the City of Muskego that: NOW, THEREFORE, BE IT RESOLVED by the Common Council of Communities in a coalition to be known as 'PLOW" (Fair Liquidation of Waste) for the purpose of obtaining a new master agreement governing the overall relationship between the Contract Communities and the MMSD containing, among other things, reasonable and just Contract Communities outside the District boundaries of the MMSD. charges for capital recovery and for the purpose of remaining 1. The City hereby agrees to join with other Contract 2. The Coalition of Contract Communities shall be governed by an Executive Committee, the creation of which is hereby approved. The Executive Committee shall consist of each Hayor/Village President (or his or her authorized designee) of each Contract Community joining the Coalition. Each member community of the Executive Committee shall have one vote on all matters conaidered by the Executive Committee. Committee ahall consider various alternatives in obtainina a new 3. On behalf of the City of Muskego, the Executive ~ ~ ~~ ~.. master service agreement with the MMSD including but not necessarily .a - -. limited to: a. Continued negotiations with the ~SD. b. Involvement of other communities inside and outside the District boundar ies. . .. . 8 e e "~ c. Remedial legislation. d. Public Service Commission Involvement. e. Assistance from the Executive Branch of State Government, other State Agencies and Federal Agencies. f. Litigation. 4, In pursuing the alternatives listed above as well as other8 deemed necessary by the Executive Commlttee, the Executive Committee is hereby vested with authority to obtain professional services to be rendered to the Contract Communities under the dlrectlon of the Executive Committee including, but not necessarily limited to, legal counsel, engineering consultants, accounting/auditing services and professional lobbyists. The Executive Committee is hereby authorized to approve and pay fees for such services and such other fees, costs and disbursements as shall be deemed reasonable by the Executive Committee or designated withdrawing community shall be responsible for: subunit thereof. If any member community shall withdraw, the a. all of its prorata share of any unpaid obligations to date of actual withdrawal; b. For any contractual obligations it has separately incurred. In no event shall a member be entitled to any refund of its fund Coalition of Contract Communities totally ceases its activities, in contribution, unless a balance in such fund remains at the time the which situation any unexpended funds remaining shall be reimbursed overall contribution to the Coalition. to each participating Contract Community in proportion to its and all subsequent appropriations shall be based upon the flow which 5. The initial appropriation by each Contract Community each participating Contract Community is estimated to discharge to the MHSD between 1985 and 2005 inclusive or such other formula as subsequently determined by the Executive Committee and approved by the participating communities. 6. The City of nuskego hereby appropriates the sum of $21,000.00 Cor the purpose of establishing an initial fund to pay costs approved by the Executive Committee. Said sum is to be paid to the Comptroller-City of Brookfield as financial agent for the Executive Committee within thirty (30) days of adoption hereof, Dated this 25th day of January , 1983. ATTEST1 n