A.
The Public Works and Safety Committee shall have charge of the Water
Utility owned and operated by the City in lieu of a Water Commission
pursuant to § 66.0805, Wis. Stats., but said Committee shall
only have the powers and duties as other committees of the Common
Council have, and said Committee shall not have any other powers or
duties as provided by § 66.0805, Wis. Stats.[1]
A.
Control of Water Utility. The City hereby creates and establishes
a Water Utility for the City. The management, operation and control
of such water system is vested in the Common Council, provided that
the management and operation of such water system shall be performed
by the Public Works and Safety Committee subject to the ultimate control
by the Common Council. All records, minutes, written proceedings and
financial records shall be kept and maintained by the City.
B.
Control of water quality; Wellhead Protection District. Through Wisconsin Legislative Act 410 (effective May 11, 1984), and as the residents of the City of Muskego depend exclusively on groundwater for a safe drinking water supply, it is recognized that certain land use practices and activities can seriously threaten or degrade groundwater quality. As such, the Wellhead Protection Overlay District (OWP), as described in Chapter 400, Zoning, Article XIII, was instituted to protect the City of Muskego's municipal water supply and well fields. The regulations specify that the OWP shall apply to all lands that lie within the five-year time of travel (TOT) of each City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego corporate limits, and have a wellhead protection area delineated in a wellhead protection plan accepted by the City. For specific guidelines on permitted and prohibited uses with the OWP, please see Chapter 400, Zoning, Article XIII.
[Amended 2-1-2007 by Ord. No. 1247]
C.
Facilities and ownership. The Water Utility shall consist of deep
wells, storage tanks, and distribution facilities, including fire
hydrants, fountains and other facilities required in connection therewith.
The City, acting through the Common Council and Public Works and Safety
Committee, shall have the power to lay mains through alleys and streets
and acquire and install required facilities and to do all such work
as necessary or convenient in the management of the water system.
The Mayor, Alderpersons, or their officers, agents and employees shall
have the right to enter upon any land to examine or supervise in the
performance of their duties under this chapter without liability therefor.
The Common Council shall have the power to purchase for the City all
real and personal property necessary for construction of the water
system or for any repair, remodeling or additions thereto.
D.
Condemnation of real estate. Whenever any real estate or easements
therein or use thereof shall, in the judgment of the Common Council,
be necessary to the operation of the water system and whenever an
agreement for purchase cannot be made with the owner thereof, the
Common Council shall proceed with all necessary steps to take such
real estate or easement by condemnation in accordance with state statutes.
E.
Title to real estate and personalty. All property, real, personal
and mixed, acquired for construction of the water system, all plans,
specifications, diagrams, papers, books and records connected therewith
and all buildings, machinery and fixtures pertaining thereto shall
be City property.
The rules, regulations and water rates of the water system of
the City set forth herein shall be considered a part of the contract
with each person who is supplied with water through the water system.
Such person by taking water or connecting with such system shall be
considered as expressing his assent to be bound thereby. Whenever
any such rules and regulations or such conditions as the Common Council
or Public Works and Safety Committee may hereafter adopt are violated,
the water shall be shut off from the building or place of such violation,
even though two or more parties are receiving water through the same
pipe, and shall not be turned on again except by order of the Public
Works and Safety Committee after payment of all arrears, expenses
and established charges of shutting off, turning on and such other
terms as the Committee may determine. These rules shall conform to
the established rules and regulations of the State Public Service
Commission or state statutes applicable thereto. In case of such violation,
the appropriate authority may declare any payment made for the water
by the party committing such violation to be forfeited. The Common
Council or Public Works and Safety Committee has the right to change
such rules, regulations and water rates from time to time as it may
deem advisable and to make special rates and contracts in all proper
cases, subject to the authority of the Wisconsin Public Service Commission.
