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CCR2014009-Legislation-Drainage Districts COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #009-2014 RESOLUTION REQUESTING THE STATE LEGISLATURE SUPPORT CHANGES REGARDING DRAINAGE DISTRICTS WHEREAS, The Dover Norway Drainage District is purportedly a governmental entity theoretically charged with creating and organizing a drainage system to remove water across multiple parcels of land. Drainage districts were originally used mainly to control water flows in agricultural areas. As a creation under Wisconsin Statutes Chapter 88, state law provides that drainage board members are appointed by a court and have authority to levy assessments, obtain injunctions, hire specialists, borrow money, and construct and maintain district drains among other things, as described therein; and WHEREAS, While drainage board actions must comply with all provisions in Chapter 88 as well as rules promulgated by the Department of Agriculture, Trade and Consumer Protection, they are not elected by members of the district that are subject to taxation. The purpose of the laws has long since passed in urban and developing areas like Muskego, and the stated ability to levy taxes without representation is as strongly objectionable as any overreaching power of government can be, reminiscent of the battle cries of our founding fathers. First and foremost, there should be an intergovernmental agreement per State Statute 66.0301. Additionally, these districts with taxing authority as determined by the State of Wisconsin should not be without elected representation; and WHEREAS, A significant portion within the City of Muskego lies within the watershed that could be faced with annexation and taxation by the drainage district without elected representation. (See Map Attached) The City and its residents reserve all rights, and nothing herein is an admission that unchecked annexation and taxation would prevail, yet the enormity of the concern is clearly shown in the attached Map. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego urges the Wisconsin State Legislature to change the antiquated law to require elected representation in all drainage districts and require an intergovernmental agreement per State Statute 66.0301. BE IT FURTHER RESOLVED That the City of Muskego strongly encourages the Town of Norway/Wind Lake and the City of New Berlin to adopt a similar resolution to be submitted to their respective State representatives. TH DATED THIS 28 DAY OF ____JANUARY_____, 2014. ___________________________ Mayor Kathy Chiaverotti Reso. #009-2014 Page 2 This is to certify that this is a true and accurate copy of Resolution #009-2014 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer 1/2014jmb