CCR1999131COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #131-99
RESOLUTION AS TO
AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND
THE MILWAUKEE METROPOLITAN SEWERAGE DISTRICT
TO TERMINATE THEIR INTERGOVERNMENTAL COOPERATION AGREEMENT
DATED DECEMBER 20,1990
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the Agreement between the City of Muskego and the Milwaukee Metropolitan
Sewerage District ta Terminate Their Intergovernmental Cooperation Agreement Dated
December 20, 1990, as attached and made a part hereof.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City subject to review and approval of the City
Attorney.
DATED THIS 27th DAY OF JULY , 1999
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #131-99 which was
adopted by the Common Council of the City of Muskego.
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AGREEMENT BETWEEN~THE CITY OF MUSKEG0 AND
THE MJLWAUKEE METROPOLlTAN SEWERAGE DISTRICT
TO TERMINATE THEIR INTERGOVERNMENTAL COOPERATION
AGREEMENT DATED DECEMBER 20,1990
WHEREAS, the City of Muskego and Milwaukee Metropolitan Sewerage District
entered into an Intergovernmental Cooperation Agreement on December 20, 1990, which
provided for capital contributions by the City of Muskego for capacity in the sanitary
sewerage system of the Milwaukee Metropolitan Seweragc District; and
WHEREAS, the Intergovernmental Cooperation Agreement was amended April
26, 1996 to provide more capacity for the City of Muskego in exchange for an increased
capital contribution by the City of Muskego and a deposit of $930,000 with the District
toward the utilization of increased storage capacity; and
WHEREAS, the City of Muskego and the Milwaukee Metropolitan Sewerage
District have been engaged in negotiations over amounts the Disbict claims are due from
the City of Muskego under the terms of Intergovemmental Cooperation Agreement and
the amendment thereof and over additional capacity to which the City of Muskego claims
it is entitled; and
WHEREAS, the parties have reached an agreement on the amounts claimed by the
District and the capacity needs of the City of Muskego, which agreement negates the need
to continue the 1990 Intergovernmental Cooperation Agreement and the amendments
thereto:
NOW, THEREFORE, the City of Muskego and the Milwaukee Me&opolitaa
Sewerage District hereby agree as follows:
1. The City of Muskego and the District mutually agree that the Intergovernmental
Cooperation Agreement of December 20, 1990, and amendments thereto, is
terminated and such agreements shall cease to govern their relationship.
2. The District agrees that the City of Muskego may avail itself of the capacity of the
District sewerage system to provide sanitary sewerage service to those areas of the
City of Muskego within the District’s sanitary sewerage service area on the same
terms and subject to the same policies, practices, rules and regulations as other
municipalities outside the District receive sanitary sewerage service fiom the
District. The sanitary sewerage service area as of August Is, 1999, is =described
in the metes and bounds legal description and man marked m Exhibits_ 1 ani?!
resoectively, which i4 attached hereto and made a part hereof bv this reference.
3. The Diseict agrees that capital charges to the City of Muskego for the year 1999
and thereafter shall reflect capital charges for flood or watercourse work located
within the District on the same basis as those capital charges are billed to other
municipalities outside the District which receive sanitary sewerqe service from
the District.
4. The tax rate applicable to 1999 capital charges wili be determined by the District
based upon a District rate of $1.69927 per $1000 of equalized evaluation, reduced
by a rate credit for capital charges for flood or watercourse work on the same basis
as rate credits for capital charges are billed to other municipalities outside the
District which receive sanitary sewerage service from the District. The amount of
rate credit for capital charges for flood or watercourse work is based upon amounts
budgeted for that work. The Dishict will issue an additional charge or credit on
the capital charges for the year 2001 after the actual flood or watercourse
expenditures for 1999 are determined. The District will use the same equalized
values in calculating this additional charge or credit as were used in calculating the
1999 capital charges.
5. The City of Muskego agrees to the following payment principles to address the
transition in capital charge methodologies between the 1990 Intergovernmental
Cooperation Agreement and the present arrangement:
A} The City of Muskego agrees that the payment made to the District on
May 1,1999 in the amount of $927,576.61 is hereby acknowledged by the
District and shall be applied to the City's obligation to the District in the.
following manner:
i)$716,126.19aspaymentinfullfortheExhibit lorefund
calculation contained in the 1990 Intergovernmental
Cooperation Agreement, with interest as calculated by the
District in its invoice to the City dated March 29, 1999;
ii) $13,240.42, to resolve any claim by the District for unpaid
1998 capital charges, including interest thereon; and
iii) $198,2 10.00 as a deposit toward 1999 capital charges;
.AGREEMENT BETWEEN THE ClTY OF MUSKEG0 AND
'IHE MnWAUKEE METROPOLITAN SEWERAGE DISTRICX
AGReEMEPFT DATED DECEMBER 10,1990
TO TERMINATE TREIR INTBRGOVERNMENTAL COOPERATTON
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B) The City of Muskego agrees to pay the remainder of the 1999 capital
charges by no later than September 1, 1999, with interest calculated ifom
May 1, 1999, at the simple interest rate of 4.630562 %, which is the interest
rate earned for the month of April, 1999 on sums on deposit with the state
Local Government Lnvestment Pool; and
C) The City of Muskego agrees to pay capital charges for the year 2000 no
later than April 1,2000, and shall make annual payments of the total capital
charges due no later than every April 1 thereafter.
6. The City of Muskego agrees to pay 1999 Operations and Maintenance charges of
the Dismct as previously calculated, without adjustment for operations and
maintenance charges related to flood or watercourse work within the Distict to
which the City of Muskego might have been eligible under the terms of the
decision in Investigation of Complaint Concerning the Rates and Practices of
the Milwaukee Metropolitan Sewerage District, Public Service Commission
Docket No. 9308-SR-102.
7. Commencing with Operations and Maintenance charges for the year 2000, the
Disrrjct agrees that its charges to the City of Muskego will reflect adjustments for
flood or watercourse work consistent with terms of the decision in Investigation
of Complaint Concerning the Rates and Practices of the Milwaukee
Metropolitan Sewerage District, S-.
8. The parties mutually agree that capital charges and operations and maintenance
charges for the year 2000 and beyond are to be governed by applicable statutes,
decisions of the Public Senice Commission, and Dishct Rules and Regulations.
9. The District shall keep as its own the $930,000 on deposit for increased storage
capacity.
10. The City of Muskego has identified the presently planned expansion of the current
Emerald Park Landfill as an areas the City desires to have added to Muskego’s
sanitary sewerage service area at this time. The Dismct agrees to a one-time
addition to Muskego’s sanitary sewerage senice area to accommodate Muskego’s
desire to add this areas to the Muskego sanitary sewerage service area, it being the
AGRERMENT BETWEEN THE ClTY OF MUSKEG0 AMI
THE MILWAUKEE METROPOLITAN SEWERAGE DISTRICT
AGREEMm DATED DECEMBER 20.1990
TO TERMINATE THEIR INTERGOVERNMENTAL COOPERATION
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parties understanding that the referenced landfill expansion area is to be added to
the service area immediately as a whole, and not as the landfill is actually used.
0 11. The City of Muskego agrees to continue to administratively process and be
responsible for collection of bills for the Operations and Maintenance charges and
capital cost charges for the Lmie Lac Disbict of the City of New Berlin.
Executed this - day of July 1999, Executed this - day of July 1999
pursuant to Resolution No. pursuant to Commission Resolution
adopted on the - day of July 1999 dated the __ day of July 1999.
by the City of Muskego Common Council.
Title: Title:
THE MILWAUKEE METROPOLITAN SEWERAGE DISTRICI
ACREEMENT BETWEEN T8E CITY OF MUSKEGO AND
TO TRRMINATE THETRINTERG(IVeRNMENTALCO0PERlrTlON
AQXERMENT DATED DECEMBER 20, i99n
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