Loading...
CCR1986219RESOLUTION 1\21 9-86 MEMORANDUM OF UNDERSTANDING DEPARTMENT OF NATURAL RESOURCES WHEREAS, the State of Wisconsin/Department of Natural Resources has requested a Memorandum of Understanding be adopted, and WHEREAS, plans and specifications have been reviewed by the Lake Dam, and Public Works Committee for the construction of the Big Muskego WHEREAS, the Big Muskego Lake Commissioners have recommended accepting the responsibility of managing the dam, and WHEREAS, the Department of Natural Resources requires a Memorandum of Understanding be adopted prior to awarding the contract for the project. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the Understanding and authorize the Mayor to execute the agreement. City of Muskego does hereby approve the attached Memorandum of DATED THIS a3Rb DAY OF SEmkZRC'R , 1986. Ak WaynB G. Salentlne, Mayor ATTEST: Memorandum of Understanding Department of Natural Resources and Between the State of Wisconsin the City of Muskego Relating to the Repair and Transfer of the Muskego Lake Dam Preamble WHEREAS, a dam currently exists at the outlet of Big Muskego Lake, which is in need of repair so that it can be operated more efficiently; and WHEREAS, there has been longstanding confusion and controversy concerning who operation; and the owner of this dam is and who is responsible for its maintenance and WHEREAS, the State of Wisconsin, Division of Engineering constructed the existing dam with a legislative appropriation in 1929; and WHEREAS, the City of Muskego has operated the dam in recent years to minimize the water level fluctuations and to limit the complaints submitted by the public relating to this dam; and WHEREAS, the Department of Natural Resources obtained authorization on May 28, 1986, from the Wisconsin Building Commission to repair the dam if the City of Muskego makes a commitment to take over ownership and future maintenance of the dam; and WHEREAS, the State of Wisconsin. Department of Natural Resources and the City of Muskego. in consideration of the mutual covenants set forth in this agreement, stipulate and agfee that: The Department of Natural Resources will prepare plans for the reconstruction of the dam. The plans will include the installation of a new lift gate to facilitate operation of the dam and a concrete overlay. A set of the final plans shall be submitted to the City of Muskego for their review. The City of Muskego agrees to adopt a resolution to accept transfer of the dam and assume future responsibility for operation and maintenance of the dam; The Department of Natural Resources agrees to initiate reconstruction of assuring the City's cmitment to accept transfer of the dam; the dam as soon as practicable after the City has adopted a resolution The Department of Natural Resources will prepare and process, in cooperation with the City, a dam transfer permit for the dam; The Department will prepare a quit claim deed from the State of Wisconsin, DNR. to the City of Muskego; , .. - 1. -2- 6) The Department of Natural Resources and the City will cooperate in determining which other parties may have a potential ownership interest in the dam site and shall work to obtain quit claim deeds from these parties. b 7) The City agrees to of future lake management a1 ternatives with The Department agrees to take the development of a P” b6’. gF’D6 676 citizen 8) This agreement shall be amended or revised only upon the written mutual agreement of the parties. 9) This agreement shall become effective upon the signature of both parties. Signed: Dated this day of , 1986. C.D. Besadny, Secretary State of Wisconsin, Department of Natural Resources Dated chis - day oE , 1986. City of Muskego Wayne Salenti ne, Mayor MC:dlm 53081