CCR1999037AMENDED
COMMON COUNCIL -CITY OF MUSKEGO
RESOLUTION #37-99
AUTHORIZE EXECUTION OF AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND TESS CORNERS VOLUNTEER FIRE DEPARTMENT
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the attached Agreement between the City of Muskego and the Tess Corners
Volunteer Fire Department.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to execute the Agreement in the name of the City.
BE IT FURTHER RESOLVED That for 1999 funds will be reserved from the general
undesignated fund balance and a separate trust and agency fund created during the
2000 budget process.
DATEDTHIS gTH DAY OF MARCH ,1999
SPONSORED BY:
COMMON COUNCIL - CITY OF MUSKEGO
This is to certify that this is a true and accurate copy of Resolution #37-99 which was
adopted by the Common Council of the City of Muskego.
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COMMON COUNCIL -CITY OF MUSKEG0 s(!,u/
RESOLUTION #37-99 d
AUTHORIZE EXECUTION OF AGREEMENT BETWEEN THECITY OF MUSKEGO
AND TESS CORNERS VOLUNTEER FIRE DEPARTMENT
BE IT RESOLVED That the Common Council of the City of Muskego does
approve the attached Agreement between the City of Muskego and the
Volunteer Fire Department.
BE IT FURTHER RESOLVED That the Mayor
authorized to execute the Agreement in the name of the City
BE IT FURTHER RESOLVED That for 1999 a will be made
from the general undesignated fund balance and a created during the
2000 budget process.
DATED THIS DAY OF , 1999.
SPONSORED BY:
COMMON COUNCIL - CITY OF MUSKEG0 /
I ,,/’
esoluti This is to certify that this is a true and accurate copy c )f R
adopted by the Commhn Council of the City of Muskego.
,/
Ion #37-99 which was
ClerkTreasurer
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AND THE TESS CORNERS VOLUNTEER FIRE COMPANY
AGREEMENT BETWEEN THE CITY OF MUSKEGO
THIS AGREEMENT entered into this day of
1999, by and between the TESS CORNERS VOLUNTEER FIRE COMPANY, an
independent corporation (hereinafter referred to as "COMPANY"),
and the CITY OF MUSKEGO, a municipal corporation (hereinafter
referred to as lrCITY").
WHEREAS, the COMPANY maintains a fire station and fire
fighting equipment at W144 S6731 Tess Corners Drive and a Sub-
Station at SlOO W13444 Loomis Drive, Muskego, Wisconsin; and
WHEREAS, the COMPANY is an independent corporation organized
under the provisions of Wisconsin Statute Chapters 181 and 213;
and
WHEREAS, the COMPANY desires to establish a scholarship fund
should it terminate its fire department activities; and
WHEREAS, the CITY desires to enter into this Agreement to
assist in ensuring that the scholarship fund is established under
conditions established in this Agreement.
WHEREAS, for many years the CITY and the COMPANY have
cooperated in providing fire services to certain areas of the
CITY on a contract basis; and
WHEREAS, in the past the CITY has provided the necessary
funds to the COMPANY for the purchase and maintenance of
necessary fire fighting equipment as well as the purchase and
maintenance of land and buildings to house the same; and
WHEREAS, the above-noted equipment and property have been
acquired by the COMPANY and titled in the name of the COMPANY;
and
WHEREAS, each party to this Agreement is satisfied with the
relationship between the CITY and the COMPANY and wishes to
provide more specifically herein for the continuation of said
relationship and for an orderly distribution of the assets if the
CITY should terminate its relationship with the COMPANY or as
otherwise provided.
NOW, THEREFORE, the parties to this Agreement, in
consideration of the mutual covenants contained herein, do hereby
agree as follows:
1. CITY'S OBLIGATION: SCHOLARSHIP FUND. For the purpose
of memorializing COMPANY, and as COMPANY has requested, the CITY
shall forthwith upon execution of this Agreement establish a
segregated account or accounts for a scholarship fund entitled
Tess Corners Volunteer Fire Department Scholarship in the initial
amount of $125,000.00 to be awarded to residents of the City of
Muskego for Fire, EMS and Police Service educational purposes by
the City of Muskego Fire & Police Commission (t'Commissionot). The
COMPANY has established rules for the scholarship fund and those
rules are set forth here and in an attached Exhibit "B" (which is
incorporated by reference). The Commission may award up to two
(2) $1,500.00 scholarships per year, which may provide annual
scholarship payments for more than one year of education, as
specified by the Commission, and which shall increase 3% per year
from the date of execution of this Agreement, but not to exceed
the cost of tuition, lab fees and books, provided that no more
than six (6) scholarships shall be outstanding at any one time.
Scholarships shall be awarded in the following priority:
preference shall be given to fire scholarships, then to EMS
scholarships and then to police scholarships. All interest
earned by the scholarship fund or funds shall remain in the fund.
The scholarship fund shall continue until all funds are depleted
by disbursement pursuant to this section or pursuant to Section
Number 2. The scholarship shall commence being awarded in the
first year after the COMPANY'S relationship with the CITY is
terminated pursuant to Section Number 6 of this Agreement,
voluntarily ceases to function or ceases to function because of
changes in the Federal or State law that no longer allow such
companies to function. The Commission is entrusted the authority
to adopt additional rules and change the attached rules within
the parameters of this Agreement.
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2. CITY'S OBLIGATION: BUDGET. The COMPANY shall continue
to provide fire protection services for the CITY under terms as
mutually agreed to by the CITY and the COMPANY under the
budgetary process now employed by the CITY; if the parties cannot
reach agreement as to the annual funding of the COMPANY, the CITY
reserves the right to make other arrangements for fire protection
and any funds in the scholarship fund shall revert to the CITY'S
General Fund for unrestricted use.
3. COMPANY'S OBLIGATIONS. The COMPANY agrees to provide
the CITY with 24 hour 365 day per year fire protection plus
ongoing fire inspection and fire prevention training. The
COMPANY, at all times, shall provide adequate fire protection.
In the event of a dispute between the CITY and the COMPANY
regarding whether or not the COMPANY is providing adequate fire
protection for purposes of termination pursuant to Section Number
6 of this Agreement for failure to provide adequate protection,
the matter shall be submitted to binding arbitration upon the
written request of either party. Upon such request, the CITY and
the COMPANY shall mutually agree upon an arbitrator, or upon
failure to agree within 60 days of the written request, an
arbitrator shall be chosen by the Waukesha County Circuit Court
pursuant to Chapter 788, Wisconsin Statutes, as it or its
successors may exist from time to time. The CITY and the COMPANY
shall be permitted to present all relevant evidence in the
arbitration to support their interpretation of this Agreement.
The terms and conditions of this Agreement shall be strictly
enforced by the arbitrator. The decision of the arbitrator shall
be binding on both parties without right of appeal. Each party
shall pay one-half the cost of the arbitrator.
4. EXISTING ASSETS. All assets of the COMPANY at the time
of the execution of this Agreement are set forth in the inventory
prepared by the COMPANY and attached hereto, made a part hereof
and marked Exhibit "A".
5. DISPOSITION OF ASSETS UPON COMPANY'S NON-OPERATION. If
the COMPANY voluntarily or because of changes in the Federal or
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0 State law that no longer allow such companies to function, or for
any other reason not caused by the CITY, ceases to operate, the
COMPANY shall forthwith take all the steps necessary to
relinquish ownership of all of its assets (regardless of whether
the assets are listed on Exhibit "A", subsequently acquired, or
improved) to the CITY at no cost to the CITY and the scholarship
shall commence being awarded as stated in Section Number 1. The
CITY, however, may decline to accept any one or more of COMPANY'S
assets, in writing, in the CITY'S sole discretion, in which event
the COMPANY shall at all times thereafter be solely responsible
for any benefit or liability of any such asset(s) that are not
accepted by the CITY.
6. DISPOSITION OF ASSETS UPON CITY TERMINATING THIS
AGREEMENT WITH THE COMPANY PURSUANT TO THIS SECTION. If the CITY
terminates its relationship with the COMPANY, by written notice
to the COMPANY, for failure to provide adequate protection as
defined in Section Number 3 of this Agreement, the COMPANY shall
then forthwith take all steps necessary to relinquish all assets
of the COMPANY (regardless of whether the assets are listed on
Exhibit "A", subsequently acquired, or improved) to the CITY at
no cost to the CITY.
If the CITY terminates its relationship with the
COMPANY pursuant to this subsection of this Agreement, by written
notice to the COMPANY, for any other reason, then the provisions
of this section shall apply. (a) The CITY shall pay the
appraised value at that time for the assets still owned by the
COMPANY listed on Exhibit "A" attached hereto, except as
described in (d) below, less any debt still outstanding on said
assets, any such debt being assumed by the CITY. (b) Any assets
acquired by the COMPANY not listed on Exhibit "A" shall, in any
event, be relinquished by the COMPANY to the CITY at no cost to
the CITY and the COMPANY agrees to take any steps necessary to
accomplish the same except as described in (c) below. (c) If
the COMPANY acquires assets not listed on Exhibit "A" with funds 0 donated to the COMPANY or with funds donated to the COMPANY and
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funds received from the CITY, prior to the purchase of such an
asset the COMPANY shall notify the CITY of the purchase price and
the percentage of said price to be paid with donated funds
(“Percent Donated“); if the COMPANY’S relationship with the CITY
is terminated under this section at a later time, the CITY shall
pay to the COMPANY the Percent Donated of the appraised value at
the time the COMPANY’S relationship with the CITY is terminated,
less any debts still outstanding on said asset, any such debt
being assumed by the CITY, and less the cost of any improvements
made to said asset after it was acquired by the COMPANY; said
amount to be calculated by multiplying the percentage, and then
reducing the resulting amount by said outstanding debts and costs
of improvements ([Appraised value X Percent Donated] - [debts
owing + cost of improvements]). (d) If the COMPANY makes any
improvements to assets listed on Exhibit “A“, specifically
including any fire station property, and the COMPANY’S
relationship with the CITY is terminated under this section at a
later time, the CITY shall pay to the COMPANY the appraised value
of such assets at the time of termination less any debt still
outstanding on said asset, any such debt being assumed by the
CITY, and less the cost of any improvements made to said asset.
(e) Immediately upon the CITY satisfying its obligations under
this section, the COMPANY shall then forthwith take all steps
necessary to relinquish all assets of the COMPANY to the CITY,
without any further cost to the CITY.
In any event, the CITY may decline to accept any one or
more of COMPANY’S assets, in writing, in the CITY’S sole
discretion, in which event the COMPANY shall at all times
thereafter be solely responsible for any benefit or liability of
any such asset(s) that are not accepted by the CITY.
If appraisals are required pursuant to this Agreement
and if the COMPANY and the CITY are unable to agree as to
valuation, the CITY shall select one appraiser and the COMPANY
shall select another appraiser and said appraisers shall
determine the value of said assets. If said appraisers cannot
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agree on the value of said assets, they shall select a third
appraiser who shall appraise said assets and his determination of
value shall be final. All persons selected as appraisers shall
use generally accepted appraisal methods in determining said
values. Each party shall pay the cost of their appraiser and the
parties shall each pay one-half ($4) of the cost of the third
appraiser
If the COMPANY'S relationship with the CITY is
terminated pursuant to this section, the scholarship commences
being awarded as stated in Section Number 1.
7. NAME. In the event the CITY establishes a municipal
department which takes over the functions previously performed by
the COMPANY, said department would be known as the MUSKEGO/TESS
CORNERS FIRE DEPARTMENT.
8. LEGAL COMPLIANCE REQUIRED. The COMPANY and its members
agree to comply with all State of Wisconsin and Federal Fair
Labor Law requirements, Wisconsin Open Records Law requirements
and Wisconsin Open Meeting Law requirements as if they were a
municipal fire department.
9. PERPETUAL DURATION. The parties expressly intend that
this Agreement will continue forever, in perpetuity, without any
opportunity for termination, except that Sections Numbered 2, 3,
4, 7 and 8 shall terminate upon: Mutual written agreement of the
parties to terminate the Agreement; the CITY making other
arrangements for fire protection and thereafter providing written
notice of termination to the COMPANY; or the CITY terminating its
relationship with the COMPANY or the COMPANY otherwise ceasing to
function. Sections Numbered 1, 5, 6 and 9 of this Agreement,
moreover, shall survive any such termination, and shall only
terminate as follows: Section Number 1 shall continue until all
funds in the scholarship fund are depleted as described in
Section Number 1 and/or Section Number 2; Sections Numbered 5 and
6 shall continue until all assets of the COMPANY are disbursed to
the CITY, or acceptance is declined in writing, as described
~ 0 therein, or an agreement is not reached on the budget as
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described in Section Number 2; Section Number 9 shall continue 0 until all other sections of this Agreement have terminated as
described herein.
Subscribed & sworn to before me
CITY OF MUSKEG0
By :
David L. De Angelis, Mayor
By :
Jean K. Marenda, Clerk
Subscribed & sworn to before me
this day of , 1999.
NOTARY PUBLIC, STATE OF WI
My commission expires:
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ATTACHMENT .A
0 REALESTATE
Station 1 W144 S6731 Tess Comers Drive - Tax Key 2168.982 & 2168.998
Situated on approximately 2.85 Acres
Improvements totaling 15,180 sq. ft. (55’10 x 83’10 = 4,620 and 88’ x 120’ = 20,560)
Station 2 SlOO W13444 Loomis Drive - Tax Key 2259.979
Situated on approximately 1.46 Acres
Improvements totaling 3,762 sq. ft. (50x 75.25 = 3,762)
VEHICLES:
1962 Mack pumper
1968 Mack pumper
1980 Ford pumper
1996 Pierce pumper
197 1 GMC grass rig
1979 Ford equipment truck
1985 GMC tanker
1964 Ford tanker e PERSONAL PROPERTY
1 - Paper shredder
1 - copier
4 - computer systems with printers
1 - computer scanner
2 - blue print cabinets
9 - file cabinets
3 - hose racks
2 - hose washers
2 - hose dryers
2 - 100 amp battery chargers
4 - telewriter printers
3 - complete sets of hand tools
2 - base radios
25 - mobile radios
30 - hand held radios
60 - pagers, chargers and cases
4 - refrigerators
1 - electric range
2 - microwave ovens
1 - pizza oven
4 -televisions
1 - VCR camera
2 - stereo systems
3 - scanners
20 - desk chairs
20 - folding tables
100 -folding chairs
10 - desks
2 - conference tables
2 - book shelves
1 - overhead projector
2 - projection screens
65 set of turnout gear (including flashlights, gloves, nomex hoods, ea.)
65 dress uniforms
12 - fire extinguishers
12 -turnout gear racks
60 - air bottles
30 - complete MSA masks
30 - MSA face pieces
30 - pass alarms
207 - 50’ lengths of 11/2”/13/4” hose
175 - SO’ lengths of 21/27 3” hose
1000’ - 5” hose
2 - smoke generators
2 - air compressors
1 - cascade air system
1 1 - locking storage cabinets
6 - open storage cabinets
1 - float pump
2 - standby generators
2 -black boards
1 - small floor scrubber
1 - large floor scrubber
I -tall TV cart
1 - hose tester
3 - VCRs
10 - clocks
ENGIbE 1463 MCXiTHLY APPARATUS CHECKOUT
CAB
Check all lighls
Fuel level
Check all bdioslCellulor
Siren I horn
(pressure above 2000,
hamess.low air alarm.
operation, PASS,
facepiece, all hoses,
Personal Flotation Devices
askers
I
I (I) elbow adapter v female 1 I I I I I Left Front compartment MPO Cabinet (Collt'd)
..
to Y storz
(I) hydrant adapter 4 %"
female to 5" S~OR
(I) reducer 5" slorz to 2%"
anner wrenches
(I) Hotel Pack -150' I %"
pack-lite hose, fog noule. -
(I) TFT foam tube for top
gated wye, 3" hose pigtail.
speedlay (foam line)
(I) hydrant bag containing
2 W~gated wye, hydrant
wrench, 2 spanner
wrenches. 2 storz spanner
wrenches. I double male, I i I
I double female. I I I I I I
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E 1463 Monthly Check 2
0
0
Rear Hosebed (cont’d)
(2) pike poles I I I I I I I I I I I I
Crosslay Hosebeds
(I) folding ladder IO’
(3) 250’ of 1 %” wl Fog
nozzles
Foam Line (red) has TFI‘
nozzle for use wl foam tubc
us Tool power unit-
..
and work all look
Right Center Comparlrncut
I(2 bags) Dry Sorb I I I I I I I I I I
Right Center Compartment
(I) EMS Bag- check
supplies for out dates and
02 level.
(2) Rescue Rope bags
,I\ Den."
ubricale as necess
E 1463 Monthly Check 3
Fire Pump (coot'd) I I I I I 0 Work deluge gun gears /
locks, lubricate if necessary
I I I I I I -
ssure governor
Generator
Run generator- check all
fluid levels.
Quam Lights I - -
Cord reel and junction box
PREVENTATIVE MAINTENANCE AND REPAIRS
E 1463 Monlhly Check 4
ITEMS 1'0 UE
CHECKED
CHECK ALL ENGINE-
FLUID LEVELS.
BELIS, IIOSES.
CETANE AVVEVTO
FUEL 112 PINT
BAITEIIY LEVELS,
CABLES -.
TIRE PRES./WEAII PSI w ) I<( 1
BLEED All< BKEAS
PRIMER I'UMPOIL - ~-
FLASIILICI~ITS
CHECK ALL FIRE
EXTINGUISIiEKS
GENERATOR
OILIGASl RUN
k-I2 GAS MIX I RUG
PORTABLE EQUIP.
new spalk plug, air fillc~.
SPARE GAS CAN
SPACE SORB I LIAti
GENERAL
'AIJINI~.'I'S.III~SI~III~I~S.
llNl I' /I
.........
. .. -. I- -.
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I UNIT # 652 SH. 1 APPARATUS CHECKOUT YEAR
UNIT # 652 SH. 2 APPARATUS CHECKOUT YEAR
ITEM TO BE CHECKED
GATED WYE: 2;" (i)
15" (1)
FOAM PROPORTIONER (1)
FOAM NOZZLE (1)
HALLIGAN TOOL (1)
BOLT CUTTERS (2)
5" DRAFTING STRAINER (1)
24" DRAFTING STRAINE: (2)
Hr'?RD SUCTION - 5" (2) 21" (2)
L FOAM: 20 GALLON
BROOMS (4)
SHOVEL (1)
I
AXES (2)
PIKE POLES: 6'<1) lO'(1)
LADDERS SCUTTLE (1)
EXTENSION 30' (1)
COME ALONG (1)
MONTH bGi
DATE 3 INITIALS
I
CUTTING CHISELS (1)
E REGULATOR
. ~.
PARTA POWER SPREADERS (2)
I
ICE AUGER (1)
FIRE BLANKET E GLOVES
I I I
TOOL BOX
EXTINGUISHERS: DRY CHEM(2:
' WATER (1)
ITEM TO BE CHECKED
TIRES-AIR PRESSURE & WEAI?
/
MONTH
L
DATE
YOUR
INITIAL; -
;.
~~
LL LIGHTS
:ATTFRY T,FVFLS
i
YEAR
ITEM TO FIE CIIECKED
REPORT BOOK WITH FIRE
REPORT FORMS G PEN
HAZARD MATERIALS HANDBOO
FOLDER WITH MAPS
AND STREET INDEX
TOOL BOX
. EXTrNGUISHERS*DRY CHFM (1 -.
0
API'ARATUS CII1:CKOUT
MONTH
DATE
YOUR
INITIALS
"-
-
"
." ._
YEAR "-
UNIT # 653 APPARATUS CHECKOUT
ITEM T3 BE CHECKED
DOOR JAM JAR
EXHAUST FAN E
WHEEL CHOCKS
BI IIF..lNnI"?-)
SPANNER WRENCHS (4 SETS)
0 HYL2ANT WREkCHS a)
25' AIR HOSE
3 INITIALS
"k
UNIT # G53 -
0
ITEM TO BE CHECKED ~-
5 BOTTOM SUCTION (11
IiARD SUCTION - 5" (2)
a!""". 2;'' (2) -
,
LADDERS SCUTTLE (1)
EXTENSION 30' (1)
ROOF 14' (1)
TOOL BOX
EXTINGUISHERS: DRY Cl-IEI4
WATER (1>(1) (3.1
REPORT FORMS G PErd
REPORT BOOK WITH FIR[!
.-
!i/:.ZARD MA~rliR LALS
HANDBCOK
FOLDER WITH MAPS - .WD STREET iNOEX
APPARATUS CHECKOUT
MONTII
DATE
UhIT # 653
ITEM TO BE CHECKED
TIRES-AIR PRESSURE E WEAK
CHECK ALL ENGINE FLUID
LEVELS
.-
BATTERY LEVELS
ALL -LIGHTS
HAND LANTERNS a)
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*@WALKIE TALKIE & CHARGER
HOSE LAYS - 24'' X 1;"
PRECONNECT
MSA BREATHING MASKS a)
SP.'.RE BOTTLES cy)
BAG ROPE (1)
SALVAGE COVERS (1)
FITT1,NGS - FEMALE 2;'' (2)
MALE 2;" (2)
5" TO 4" (1) ."
NOZZLES - F")
S.STREAM 24" (1) FOG li"(3
APPARATUS CHECKOUT
MONTH
DATE
YOUR
INI'I'IALS
"-
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Tess Corners Volunteer Fire Department
Scholarship Award
TO BE ELIGIBLE:
3 Current resident of the City of Muskego for two (2) years or more
3 Course of study in Fire or I'ulice Science or related fields Fire Science has first preference. > Includes all high school seniors or adults returning to school. tligh school graduates will have first
preference.
SCHOLARSHLPS OFFERED > Two (2) new scholarships pcr year renewable up to four (4) years (maximum of six at any one time).
If both are not given in one year, none will be carried over to the following year.
Scholarship renewal requires a grade point average of2.5 or better the first year (3.0
during years 2-4) and the correct course of study.
> Each scholarship will cover tuition, lab fees, and books. The value of the scholarship will be $1,500
as of 1999 and increase by !2.'~ each year aft;; that pod. Tiie amount paid to the will not exceed the
students tuition, lab fees, and books. Y
SCHOLARSHIP COMMITTCE
Muskego Fire and I'olicc Commission.
COMMITTEE DUTES ~~ ~ a Actively promote the scl~olarship program to all local high scl~ools public and private, City library,
and local newspapers.
SUGGESTED SELECTION CRlTERJA
3 Oral interview - Required
3 Academic achievement *
3 School and community involvement * > Financial need *
3 SAT scores *
> Letter of recommendation *
* Final decision will be made by the committee
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AWARD WmNERS
The committee will generate a news release for publication in local newspapers and City
newsletter This news release will include the name of the award, winners name, school they will
attend, and their course of study