LRB-3027/1
MGG:kmg:km
1995 - 1996 LEGISLATURE
October 5, 1995 - Introduced by Senators Ellis and
A. Lasee, cosponsored by
Representatives Prosser and Ott, by request of City of Appleton. Referred to
Committee on Environment and Energy.
SB364,1,2
1An Act relating to: authorization for the city of Appleton to place fill on land
2under the Fox River.
Analysis by the Legislative Reference Bureau
Under this bill, the state authorizes the city of Appleton to place fill on the bed
of the Fox River to form part of a park that honors the early history of hydroelectric
power. Under the bill, the city of Appleton may establish and maintain the park only
if the department of natural resources determines that the park will not materially
reduce the effective flood flow capacity of the Fox River and will not cause water
pollution. The bill requires the city to make any modifications in the park that the
department determines are necessary to avoid such a flood flow reduction or to avoid
water pollution.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB364,1,4
4(1)
Definitions. In this
Section:
SB364,1,5
5(a) "Department" means the department of natural resources.
SB364,1,7
6(b) "Heritage park" means a park that honors the early history of hydroelectric
7power and that provides parking for public recreational purposes.
SB364,2,4
1(c) "Pollution" means the contaminating of the waters of this state, the
2rendering unclean or impure of these waters, or the making of these waters injurious
3to public health, harmful for commercial or recreational use, or deleterious to fish,
4bird, animal or plant life.
SB364,2,7
5(2)
Authorization. Subject to subsection (4)
, the state of Wisconsin
6authorizes the city of Appleton to place on the bed of the Fox River fill to form part
7of a heritage park.
SB364,2,10
8(3)
Description. The land upon which the fill is to be placed by the city of
9Appleton under subsection (2) consists of river bed area of 0.442 acre under the
10waters of the Fox River and is described as follows:
SB364,2,1211
A parcel of land located in the NW-1/4 of Sec. 35, T. 21. N., R. 17 E. city of
12Appleton, Outagamie County, Wisconsin, and more fully described as follows:
SB364,2,2513
Commencing at the northeast corner of Lot 4, Block "G", Grand Chute Plat, city
14of Appleton, thence S. 49 degrees 54 minutes 37 seconds W., along the north line of
15said Lot 4 and the southerly line of vacated Water Street, 194.94 feet; thence S. 68
16degrees 18 minutes 31 seconds W., along said southerly line, 108.28 feet; thence S.
1774 degrees 56 minutes 08 seconds W., 42.92 feet to a point on the north edge of the
18headrace power canal; thence S. 08 degrees 12 minutes 29 seconds E., 58.47 feet to
19the north line of Lot 2 of said Block "G"; thence S. 68 degrees 12 minutes 40 seconds
20W., along the north line of said Lot 2 and Lot 1 of said Block "G", 160.89 feet to the
21northwest corner of said Lot 1; which is the point of beginning; thence S. 16 degrees
2243 minutes 40 seconds W., 159.67 feet; thence N. 52 degrees 46 minutes 20 seconds
23W., 193.72 feet to the north bank of the Fox River; thence N. 65 degrees 51 minutes
2420 seconds E., along said north bank, 194.27 feet; thence S. 27 degrees 39 minutes
2525 seconds E., 49.40 feet across the headrace power canal to the point of beginning.
SB364,3,1
1(4)
Requirements.
SB364,3,5
2(a) The city of Appleton may establish and maintain part of the heritage park
3on the land described under subsection (3)
only if the department determines that
4the heritage park's placement and maintenance will not materially reduce the
5effective flood flow capacity of the Fox River and will not cause pollution.
SB364,3,7
6(b) The city of Appleton shall provide to the department all information that
7the department finds necessary to make its determination under paragraph (a)
SB364,3,10
8(c) The city of Appleton shall make any modifications in the heritage park that
9the department determines are necessary to avoid a material reduction in flood flow
10capacity or to avoid pollution.
SB364,3,13
11(5)
Duration. The authorization under subsection (2) shall terminate if the
12heritage park is either dismantled or converted to a use that is not associated with
13the heritage park or activities related to the heritage park.
