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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Such Committee shall be governed by § 67-10 of the City Code, including selection and number of members of said Committee.
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.