Madison, WI Header
File #: 47560    Version: 1 Name: Authorizing the City’s Acquisition of the Town of Middleton Sanitary District #5.
Type: Resolution Status: Passed
File created: 6/1/2017 In control: BOARD OF PUBLIC WORKS
On agenda: 6/20/2017 Final action: 6/20/2017
Enactment date: 6/21/2017 Enactment #: RES-17-00507
Title: Authorizing the City’s Acquisition of the Town of Middleton Sanitary District #5.
Sponsors: Mark Clear, Denise DeMarb
Attachments: 1. TNMSD5 Transfer Agreement (Final).pdf, 2. Version 1 - TNMSD5 Transfer Agreement (City Draft) (05 23 17).pdf
Fiscal Note
The proposed resolution authorizes the acqusition of the Town of Middleton Sanitary District #5. The Town of Middleton Sanitary District plans to provide approximately $40,000 of funding for interim repair work that is planned within the district over the next 1 to 4 years, while other minor excess funds may be transferred to Madison Sewer Utility in accordance with the agreement.
Title
Authorizing the City’s Acquisition of the Town of Middleton Sanitary District #5.
Body
WHEREAS, the Town of Middleton Sanitary District #5 (the “District”) was established in 1974 to provide Town of Middleton (the “Town”) properties lying in the Gammon Road, Seybold Road and Watts Road area of Middleton with sanitary sewer service; and,

WHEREAS, under the Final City of Madison and Town of Middleton Cooperative Plan (“the Plan”), approved on December 11, 2003 pursuant to Wis. Stat. Sec. 66.0307, those Town lands constituting the District remaining in the Town will be attached to Madison no later than February 3, 2042, at which point Madison will assume all the property of the District, along with its assets and liabilities, and the District will be dissolved pursuant to Wis. Stat. Sec. 60.79(1); and,

WHEREAS, over time, properties within the District have been annexed or attached to Madison and it has recently been recognized and acknowledged by Madison, the Town and the District (the “Parties”) that some Madison sewers and Madison properties discharge to and through portions of the District’s sewers, such that some Madison properties, and the Madison sewer utility, are reliant upon portions of the District sewer system; and,

WHEREAS, under the terms of the Plan, as properties within the District develop, they may be required to attach to Madison if City sewer and water are available, which, over time, will reduce the District’s customer base; and,

WHEREAS, under Wis. Stat. Sec. 60.79(2)(c) and (d), because territory constituting less than the entire District ...

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