CCR2000020COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #20-2000
RESOLUTION AUTHORIZING FILING, SERVING AND TAKING ALL NECESSARY
ACTIONS TO FILE A NOTICE OF CIRCUMSTANCES OF CLAIMS AND NOTICE OF
CLAIMS BY THE CITY OF MUSKEGO AGAINST
SANITARY DISTRICT NO.1 OF THE TOWN OF NORWAY
WHEREAS" The City of Muskego, hereînafter referred to as "City," has attempted"
unsuccessfully. to negotîate a new întermunicipal Agreement wïth Sanitary District No.. 1
of the Town of Norway" hereînafter referred to as "District":; and
WHEREAS" The City beheves that the actions of the District as set forth in the attached
Notice of Cîrcumstanæs of Claims and Notice of Claims have vïolated the rights of the
City of Muskego..
NOW" THEREFORE, BE IT RESOLVED That the Common Council of the Cîty of
Muskego does hereby direct the City Attorney, in consultation with the Mayor, to
proceed to file the attached Notice of Circumstances of Claims and Notice of Claims,
and if necessary" to take legal action against the District for the purposes stated in the
attached Notice,
BE IT FURTHER RESOLVED That the Mayor, City Attorneys" and all other City officials
are authorized to execute any necessary documentation in this regard,
DA TED THIS 20th DAY OF Januarv .2000"
SPONSORED BY::
David l De Angelïs" Mayor
This is to certîfy that this IS a true and accurate copy of Resolution #20-2000 which was
adopted by the Common Council of the City of Musk-ego
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CITY OF MUSKEGO
W182 S8200 Racine Avenue
P.O. Box 749
Musk-ego, Wïscons'in 53150,
Claïmant, NOTICE OF CIRCUMSTANCES OF
CLAIMS & NOTICE OF CLAIMS -V6-
SANITARY DISTRICT NO.1
OF THE TOWN OF NORWA Y
64 1 9 Heg Park Road
Wind Lake, Wisconsin 53185,
Respondent.
TO SANITARY DISTRICT NO 1
OF THE TOWN OF NORWAY
641 9 Heg Park Road
Wïnd Lake, Wisconsin 53185
NOTICE OF CIRCUMSTANCES OF CLAIMS
Please be advised that the above-named claïmant ïs a party wrth standïng to
sue for declaratory judgment concerning the meanïng of an agreement entitled,
"Financial Assistance Agreement" and related and supportïng documents,
agreements, laws, rules and regulat'ions, said Fïnancïal Assistance Agreement
approved by the Sanitary Distrïct No.. 1 of the Town of Norway, here'inafter referred
to as "Dlstnct", on or about January 13, 2000 and to be approved by the State of
Wisconsin on or about January 26, 2000. The City of Muskego ïs a third-party
beneflciarv of said Financial Assistance Agreement and related and supporting
documents, agreements, laws, rules and regulations.. You are hereby formallv
notifïed on behalf of the claïmant, pursuant to the provisions of ~893 80(1)(a),
Wisconsin Statutes, of the cïrcumstances of the following claims:
1
.. The D'istr'ict and State of Wisconsin have approved B certain Facïlities
Plan to provide sewer service to an area located in the City of
Muskego delïneated In the Facïlïties Plan In a tïmely manner to a
growth level delïneated 'in the Facïlitles Plan and 6a'id facïlïty wïll be
3.
fînanced pursuant to the terms and condltïons of the Fïnancial
Assïstance Agreement and related and supporting documents,
2..
agreements, laws, rules and regulations,
That the District has refused. contrary to the terms of the Financïal
Assistance Agreement and related and supportïng documents,
agreements, laws, rules and regulations, to give to the Cïty of
Muskego the benefits of said agreements and laws, rules and
regulations to whïch it ïs legally en'tîtled in many substantïal respects
ïncludlng, but not lïmited to, the following
A Failure to provide service to the delïneated sewer service area;
and
B. Failure to agree to provide timely service to the area delïneated
to the level of growth delineated ïn the Facïlïties Plan contrary to
applicable agreements, laws, rules and regulations; and
Failure to adopt ordïnances 8S to user fees whïch are c,
proportional and as reqUired by applicable agreements, laws,
rules and regulations..
In lïght of all the foregoing circumstances of claïm,the Distrïct should
be ordered to do the following:
A.. Provide sewer servïce to the servïce area delïneated În the
Facilities Plan; and
B.. Provide timely sawer servïce within the delineated sewer servïce
area up to the level of growth delïneated ïn the Faclhtïes Plan~
and
c.. Charge a user fee wïthïn the City of Muskego which ïs
proportionate to that charged to other users in complianca with
the Fïnancïal Assïstance Agreement and related and supportïng
documents, agreements, laws, rules and regulations, all
pursuant to the terms and condïtlons of the Financïal Assistance
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Agreement and related and supporting documents, agreements,
laws, rules and regulations.
NOTICE OF CLAIM
YOU ARE HEREBY NOTIFIED. pursuant to the provisions o'f ~893..80(1I(b),
WisconsÎn Statutes, that as a result of the above-stated conduct of the District, the
Cïty of Muskego maintains a claïm on the basï~ that It 15 being deprived of rights to
which It 15 entitled pursuant to the Financial Assistance Agreement and related and
supporting documents, agreements, laws, rules and regulatïons" Therefore, The
City of Muskego demands the following
1 The District provide sewer service to the service area delineated În the
Facïlïtïes Plan, and
2 The District provide timely sewer service within the delineated sewer
service area up to the level of growth delïneated an the Facilities Plan;
and
3 The DïstrÎct charge a user fee within the City of Muskego which Îs
proportionate to that charged to other users in compliance with the
Financial Assistance Agreement and related and supporting
documents, agreements, laws, rules and regulatIons, all pursuant to
the terms and condi tions of the Financial Assistance Agreement and
related and supporting documents, agreements, laws, rules and
regulations.
In the event the District denies the City of Muskego's claim, the City of Muskego
shall commence an actÎon In the Circuit Court for Waukesha County for declaratory
,udgment determïning the rîghts of the partìes and for attorney fees, costs and
dìsbursements and for such other relïef that the Court may deem just and equìtable..
Dated this f).,C' day of January, 2000
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ay~--r= --d-- ~- David L [)ã Angells, Mayor
W182 58200 Racïne Avenue
PO.. Box 749
Muskego, WI 531 50
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