CCR1992275Resolution #275-92 Page 2
3. The Council's interest in adopting school impact fee
provisions is contingent upon the Town of Norway being
willing and able to adopt counterpart provisions
DATED THIS lOTH DAY OF NOVEMBER , 1992.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of
the City of Muskego.
Resolution #275-92 which was adopted by the Common Council of
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0RD:CNANCE NO.
WHEREAS, the Muekego-Norway School District has requested
that the Common Council of the City of Muskego (the "City")
impose an impact fee reqlrirement on the issuance of zoning or
building permits in connection with tha proposed conetruction of
new dwelling unite to facilitate the adequate provision of mchool
facilities to serve the school needs of such new development;
WEREAS, subsection 62.23(7)(c) of the Wisconsin Statutes,
as construed by the Wisconsin courts, authorizes the City to
adopt impact fee requirements as part a€ its zoning regulations
for the purpose of facilitating the adequate provieion of
schools;
WHEREAS, subsection 62.11(5) of the Wisconsin Statutes
0 authorize6 the Common Ccuncil to act €or the welfare and
Convenience of the public and to carry its powers into effect by
regulation and other neceasary and convenient means, and further
provides that the powers conferred by this Subsection are in
addition to all other grants and shall be limited only by expross
language;
WHEREAS, facilitatLng the adequate provision of school
facilitiae is clearly irlportant to the welfare and convenience of
the public;
NOW, THEREFORE, thc City Council of the City of Muekego do
ordain BE follows:
SECTION 1. Payment. N-o zonfng or building permit ehall be
issued after the effect.ive date of this ordinance for the
conetruction of any pro:?osed building containing one or mOrQ
dwelling unite, or for the construction o€ any proposed building
addition or modification that will result oither in one or more
additional dwelling units within an existing building or one or
more additional bedroomrl within an existing dwelling unit, until
after the school impact fee provided far in this section has been
paid to the City Troaeurer; provided, however, that no euch fee
shall be required with respect to any one-bedroom dwelling unit
or any dwelling unit that is legally restricted to uee by the
elderly; and further provided that appropriate credit ehall be
given for any school impact fee previously paid with reepect to a
dwelling unit to which lone or more additional bedroom Are
propoeed to be added.
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SECTION 2. Amount. Except as provided in eection 1 above,
the amount of the school impact fee to be
each dwelling unit ehall be determined in
following echedule:
(a) one bedroom duplex unit or
$0 :
(b) two bedroom duplex unit or
$750;
paid with respect to
accordance with the
multiple-family unit --
(c) any detached single famFly home or any duplex unit
or multiple-family unit with three or more
bedrooms -- $1,000.
For purpoeee of this sc:ction, "bedroom" is defined as any room
other than a living rocm, dining room or kitchen, or a family
room opening directly off of one of the foregoing roome, or a
bathraom, exclusive of unfinished basement or attic Bpace,
regardlese of the deecription or proposed UBB of such room.
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SECTION 3. Adminiexation, use and Refund of Peee.
(a) Deposit and Investment. School impact fee8 shall
be deposited and maintai:ned in a segregated special account.
Such fees may be invested in accordance with applicable law, tlS
amended from time to time.
(b) Disbursement. The City Treasurer shall promptly
disburso to the appropriate school district all school impact
fees received pursuant to this Ordinance, provided that the City
ham first entered into an intergovernmental cooperation agreement
with the school district regarding the administration, use and/or
refund of such fees. Whenever school impact fees are disbursed
by the City to a school district, the following detailed
information regarding ee.ch individual school impact fee so
disbursed shall simultaneously be provided to the district in
writing: the amount of the fee, the date of payment of the fee
to the City, the name and address of the Owner of the parcel of
land or lot on which the dwelling unLt(s) with respect to which
the fee was paid will bo located; the legal description and tax
key number of such parcel or lot; and the type (e.g. eingle-
family home, three-bedroom apartment) and street address (if
available) of such dwelling units.
(c) m. Except as is otherwise provided in this
subparagraph, school impact fees shall only be ueed for the
acquisition, construction or installation of new'or expanded
Bchool Bites, new or ex:panded school building^, new school
equipment or other new school-related capital objects, which are 0
required to serve the school-related needs of residential
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development occurring in the City after the effective date of
this Ordinance, or to pay debt service directly related to the
acquisition, construction or installation of any such sitae,
buildings, equipment or other capital objects. (For purpose6 of
thie section, "capital objects" is defined in the same way it is
defined in the Wieconsin Elementan and Secondary School
Accounting System Handboa, prepared by the Wisconsin Department
of Public Instruction and published in 1991, 88 amended from time
to time.) As R further limitation on the use of school impact
fees, any such particular fee shall be used only for school
sites, buildinga, equipment or other school-related capital
objects which would be c.sable by or benefit children of the
appropriate age who might reside in the dwelling unit with
reepect to which euch fee was paid.
(d) Refund. If any particular school impact fee paid 0
hereunder is not used for the purposes specified herein within
seven (7) years after the date of payment, it shall be refunded
to the then mer of rec:ord (or if there ia more than one owner
of record, then to the (mere of record, as their intereete may
appear) of the parcel of land or lot on which the proposed
dwelling unit(s) with rr3spect to which the impact fee was paid
were to be located (or to the owner(s) of the dwelling unit(s)
themselvea, if appropriate, as in the case of a condominium
development), together with any interest earned thereon, Less any
reaaonable costs of administration.
(e) Cooperation Agreement. Any intergovernmental
cooperation agreement entered into by and between the City and a 0
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school district regardin11 school impact fees shall contain,
without limitation, appropriate provisions to assure c8mplience
by the district with the restrictions of this Ordinance regarding
the administration, use and/or refund of such fees and a
provision requiring the District to appear in and defend
vfgorouely against any cmrt action challenging the validity of
the City's impact fee ordinance and the exaction, administration,
use or rofund of any school. impact fees received by ft from tho
City.
SECTIOH 4. Severability. The provisions of this Ordinance
ahall. be eeverable. In the event that any court of competent
jurisdiction holds any Frovision of this Ordinance to be invalid,
the balance of thie Ordinance shall remain valid and effective.
0 SECTIOM 5. Effecti.ve Date. This ordinance shall become
effective upon the last to occur of the following event61 (a)
the publication or posting of this Ordfnance according to law,
following its adoption ty the City Board, and (b) the adoption
and effectuation according to law of a counterpart ordinance by
the Town of Norway.
Adopted this - day of , 1992.
a
Attest:
, Clerk
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DRAFT 11/10/92
This Xntergovernmental Agreemont to Facilitate the Adequate
Provision of School Facilities (this "Agreement") ie entered into
by and between the City of Muskego (the "City") and the Bfuekego-
Nomay School DiBtrfCt (the "Dietrict") pursuant to the authorf.ty
of subsection6 66.30(2) and 120.13(3) of the Wisconsin Statutes,
without Limitation, as cd this day of 1
1.992.
WRBREAG, the City is empowered by eubeection 62.23(7)(c) of
the Wieconein Statutes to adopt zoning regulations for the
puzpoee of facilitating the adequate provision of echools;
WEERXAS, the City ha5 adopted zoning regulation6 impoeing
school impact fees for i;he purpose of facilitating the adequate
provision of additional echool facilities to serve the needs of
new development pursuant to subsection 62.23(7);
WIE", the Cfty :-s empowered by subsection 62.11(5) of the
Wiaconein Statutes to act for the welfare of the public and to
carry out its powers by any necessary or convenient means;
WEEREAS, the City rmd the District wish to enter into an
intergovernmental coope::atfon agreement governing the
administration, use hnd!or refund of school impact fees collected
and disbursed by the City to the District in accordance wfth
restrictions eetablished by the City, the accounting for such
fees by the District and other related mattere affecting the
relationship between the parties; 0
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Now, THBREFORB, in consideration of the mutual p~OViBiOnS Of
thia Agreement and othef good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the partfeB,
the City and the Distric!t agree as follows:
1. Disbursement Pxocedure. The City shall promptly
disburse to the District: any school impact foes collected by it.
Whenever the City disburses school impact fees to the District,
it ehall simultaneously notify the Diatrict in writing, with
respect to each individual impact fee so disbursed, of the
following detailed information:
a. the amount of the fee;
b. the date of payment of the fee to the City:
c. the name and address of the record Owner of the
parcel of land or lot on which the dwelling
unit(s) with respect to which the €ee waa paid
will be :.ocated;
d. the lega:. description and tax key number of such
parcel 0:: land or lot: and
e. the type (e.g. single-family home, three-bedroom
apartment) and street address (if available) of
each of !such dwelling unit(#).
2. Segreqated Ac~:omts, Inveatments. The District ehall
depO6it and maintain school Lmpact fees disbursed to it by the
City in a segregated special account. Such fees may be inveated
in accordance with applicable law, as amended from time to time.
3. Accountinq. 130th the City and the Dfstrict shall
maintain detailed recortis relating to any school impact fees
disburged by the City tN2 the District. At leaat once each year,
within ten (10) days after the anniversary of the date stated in
the preamble of thia Agreement, the District shall. provide to tho
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City a detailed written accounting of all such feee diebureed to
I) the District under this Agreement, as well as any interest earned
on euch faes and any re,ssonable administrative coats aaeociated
with administering such fees. Additionally, the District shall
promptly respond to any reasonable inquiries of the City
regarding the District's administration, UBQ or refund of such
fees, or its accounting for such fee6, or any related matters.
4. Use Reatxictians. The District shall uee school hmpact
fees disbursed to it by the City only in accordance with the
provisions of the City <mdinance under which such fees were
collected. A copy of t:be school impact fee ordinance provfafons
that are in effect in t'he City as of the date of this Agreement
axe attached hereto as ;Exhibit A and incorporated by reference.
Tho Clty Shall. promptly notify the District in writing of the
effective date of any ainendment to such ordinance provieions and
provide the District wi.th a copy of such amendment.
e
5. Refunds. Any school impact fee not used by the
District within seven (7) years of the date of its payment to the
City shall be promptly :refunded by the District to the then owner
of record (or if there is more than one owner of record, then to
the owners of record, 8.3 their interests may appear) of the
parcel of land or lot o:~ which the dwelling unit(e) with re8pQCt
to which the fee was pa.id was to be located (or to the owner(6)
of the dwelling unit(s) themselves, if appropriate, a6 in the
case of a condominium development), together with any intereet
e earned on euch fee, 1es.s any reasonable costs of admlnistration.
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NOU-18-1992 16:03 FROM Q 8 B 38TH FLOOR TO 316794186 P 12 '
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6. Good Faith, Fair Dealing. The parties shall cooperate
and deal with one another fairly and in good faith with respect
to all matters relating to this Agreement.
I. Third-party Beneficiaries. The City and the District
intend that there shall be no third-party beneficiaries of this
Agreement.
8. Defense. The District shall appear in and vigorouely
defend any court action challenging tho validity of the City's
impact fee ordinance or the exaction, administration, use ox
refund of any school im:?act fees received by it from the City.
9. Severability. The provisions of this Agreement shall
be severable. In the e'vent that a court of competent
jurisdiction holds that any provision of this Agreement is
invalid, the balance of this Agreement shall remain valid and
effective.
10. Notice of Breach and Cure. If either party to this
Agreement believes that the other party has breached thie
Agreement, it shall. pranptly give written notice of the breach to
the breaching party. T'he breaching party shall have thirty (30)
days from the effective date of any notice of breach to cure the
breach; provided, howev,zr, that if curative action is timoly
undertaken and vigorously pursued by the curing party, the curing
party shall have a reas.mable period of time under the
circumstances to complete the cure. A party to this Agreement
may not commence an action for damages with respect to any breach
of this Agreement until after giving a notice of breach to the
breaching party and until after the exception of the cure period.
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I.
A party to thie Agreement shall not have a right to damages if a
@ breach ie timely cured after notice. '
11. Notices. Any notice relating to this Agreement ehall be
mailod to the receiving party by certified mail, return receipt
xequosted, or by delivery in person on a business day during
normal business hours, at the following addreee:
If to the City:
City of Muskego
Attn: W182 SB200 Racine Avenue
Muskego WL 53150
If to the District:
Muskego-Norway School District Attn:
Muskego WI 53150
575 W16399 Hilltop Drive
Either party may change its address by written notice mailed ox
delivered to the other party in accordance with the provieions of
thie paragraph. A notice delivered in person in accordance with
thie paragraph 1s effective upon delivery. A notice mailed in
accordance with thie paragraph is effective three (3) daye after
mailing. A notice delivered or mailed other than in accordance
with this paragraph is effective only upon actual receipt.
12. Entire AqreemG. This is the entire agreement of the
parties with reepect to the matters dealt with by this Agreement.
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13. Effective Data:. This Agreement shall be effective from
and after the date of last signature provided fox below.
CITY OF MUSKEGO
BY
I Mayor
I 199 -
ATTEST:
I Clerk
I 199-
MUSKEGO-NORWAY SCHOOL DISTRICT
ATTEST:
I
I 199-
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