ORD1980392i.
>.# ORDINANCE # 392
0 AN ORDINANCE TO AMEND CHAPTER 16, SECTION
16.21( 1) (b) and (c.) OF THE MUNICIPAL CODE
AS FOLLOWS : THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
Municipal Code is hereby amended to provide as follows:
SECTION 1: Chapter 16, Section 16.21(l)(b) and (c) of the *: 16.2L(l)(b) Comulete Dlans of the installation and an agreement . .. . signed by'the City and the owner detailing the
be executed by the parties and shall be submitted
terms of the k.olding tank servicing agreement shall
Department of Industry, Labor and Human Relations
to the P1umbin.g Section of the State of Wisconsin
holding tank. That said agreement shall be in a
for their approval for each request to install a
attached hereto and made a part hereof.
form in accordance with Exhibit "A" which is
16.21(l)(c) That said agreement, the form of which is attached
hereto, made a part hereof and marked Exhibit "A",
shall include the following provisions:
(1) The owner to guarantee performance shall agree
that at any time said holding tank is not pumped
as necessary the City of Muskego or any designated
officer thereof shall have the right on 24 hours
written notice to hire or otherwise accomplish the
emptying of said tank at the expense of the owner.
The City shall add to said cost 10 percent
additional charge for the administration of this
section. The total amount owed to the City shall
be paid within 30 days or in addition to all other
methods of collecting the expenses incurred herein
the City Treasurer may place said charge as a
special charge against the real estate taxes of
the owner and may be collected as such according to
statute.
(2) Owner will agree in said agreement to grant to
the City of Muskego or its employees, officers or
agents full right, license and authority to enter
upon their property for inspection, pumping and
transportation from said holding tank.
The agreement referred to herein shall be made a
recordable form, shall contain the legal descrip-
part of this ordinance and shall be executed in
tion of the owner's property benefited, and shall
be recorded with the Register of Deeds for
Waukesha County. All parties in interest to
owner's property shall execute and be parties to
the agreement.
The agreement shall continue so long as the holding
connection to public sewer and abandonment of the
tank is maintained and shall terminate upon
said holding tank.
The said agreement, upon execution by owner, shall
thereupon become a part of this ordinance and
enforceable as a part of this ordinance as if it were contained herein.
" ~~ ~
e
SECTION 2: All ordinances or parts of ordinances inconsistent
with or contravening this ordinance are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication. 0 PASSED AND APPROVED THIS /? DAY OF , 198G. -
CITY OF MUSKEG0 +* rome J ottfried, ayor
ATTEST :
City Clerk
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AGREEXENT FOR PERMLSSION FOR A TE?lPORARY
WASTE-WATER COLLECTION AND HOLDING TANK
THIS AGREEMENT, made and entered into this day of
, 19 by and between the City of Muskego, a
eunicipal Corporation, with principal offices at 14182 S8200 Racine
->
Avenue, Nuskego, !<isconsin, hereinafter called "CITY" and .
3
hereinafter called the "O\:TPIER".
WHEREAS, Owner has title to the following described property:
NOM, THEREFORE, in consideration of these mutual covenants,
it is agreed:
1. OWNER will install on the described premises a
@by the Plumbing Section of the State of Wisconsin Department of
gallons sewage holding tank of the type and in the manner approved
Industry, Labor and Human Relations.
2. OWNERS agree they will conform to all of the rules and
regulations, ordinances and codes of the City of Pluskego in
accordance with all applicable :.aids, rules and regulations of all
government agencies, County of Kaukesha and State of Wisconsin, in
the construction, usage and servicing of the proposed waste-water
holding tank.
3. OWNERS agree to, when necessary, have the holding tank
pumped out by a state approved waste-water holding tank pumping
firm and otherwise maintained al: the OL'NERS expense.
4. OUNERS to guarantee perfornlance agrees that at any time
the City of Muskego or Waukesha County or State of Wisconsin,
a through its plumbing inspector, building inspector or health
officer deem it necessary to pump out sai d hl Dlding tank, the
OWNERS shall have the same pumped within 24 hours of written notice
by the agency, or the City will have said work done and charge the
cost of such punping plus ten (10) percent for administratlon to
the owners. The total amount owed to the City shall be paid within
30 days or in addition to all clther methods of collecting the
expenses incurred herein the City Treasurer may place said charge
as a special charge against the real estate taxes of the owners and
may be collected as such accorcing to statute.
5. OIJNERS further agree t.hat the City of Muskego, Waukesha
County, State of Wisconsin, their agents or assigns, are hereby 0 granted the right, license and authority to enter upon their prop-
erty above described to inspect, pump, and haul, if necessary, from
the said holding tank. The Cit.y of Muskego agrees to pump and
transport the contents of said waste-water holding tank to an
approved disposal site, if it tecomes necessary to prevent or abate
a nuisance as described in Sec. 146.13 and 146.14 IJisconsin
Statutes 1577, and if the owners do not do so in response to orders
from the agency or the City of Muskego as provided herein.
IT IS UNDERSTOOD that this AGREEMENT shall be binding on the
OWNERS, their heirs and assigns and shall run with the above
described property.
IN WITNESS GJHEREO?, the parties have hereunto set their hands
and seals the day and year first above written.
CITY OF MUSKEG0
By:
STATE OF IJISCONSIX )
COUNTY OF !JAUKESHA )
)ss.
Personally came before me this - day of I
19 -> the above named 3
for the City of ?luskego, to me known to be the person who. executed
the foregoing instrumnt and acknowledged the same.
Notary Public, State of Wisconsin
Hy commission:
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. .. ..
OWNERS :
STATE OF WISCONSIN )
COUNTY OF MAUKESHA ) )ss.
19
Personally came before me this day of ,
the above named -3 and
, Owners,. to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My commission:
-3-
STATE OF WISCONSIN )
Milwaukee County
) ss.
Louis Lane being duly sworn,
doth depose and say that he is an authorized representative of
a newspaper published at . .!%?keg? ........
Wisconsin and that an advertisement of which the annexed is a
The . Muskego. Sun ..... ....
true copy, taken from
...
...
.... ....
.... .......
..
(Signed) ...... ....
BOOKKEEPER,
Subscribed and sworn to before me this . J/ d . day
of .
My Commission expires Ieb, 13 19 83