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ORD1991720AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #720 AN ORDINANCE TO AMEND CHAPTER 21, SECTION 21.04(22) AND 21.21 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Sewer Utility) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: Code of the City of Muskego, Wisconsin, is deleted and recreated to read as follows: Section 21.04(22) SECTION 1: Chapter 21, Section 21.04(22) of the Municipal amount of normal sewage discharged (base flow) by one "Residential Equivalent Connection" (REC) shall mean the associated with one Residential Equivalent Connection shall average household. For user charge billings, the base flow be computed by multiplying the City occupancy factor times the gallons per capita per day factor established yearly by MMSD. For purposes of sewer extensions, a Residential Equivalent Connection for a single family household or three-bedroom apartment shall be defined as 3.1 people per household discharging 67 gallons per capita per day of base flow. Two-bedroom apartments shall be estimated at 2.5 people per household and one-bedroom and studio apartments shall be estimated at 1.5 people per household. Commercial lands shall be estimated at 4.81 REC's per acre and until the lands are developed and actual flows can be industrial lands shall be estimated at 9.63 REC's per acre established. SECTION 2: Chapter 21 of the Municipal Code of the City of Muskego is hereby amended to add the following: Section 21.21 MUSKEGO SEWER EXTENSION PERMIT IN MMSD CONTRACT AREA (1) INTENT. The City of Muskego has contracted with the Milwaukee Metropolitan Sewerage District (MMSD) to provide sewer service within a certain area of the City pursuant to the terms and conditions of said contract. Pursuant to the terms and conditions of said contract, there is a limitation on the amount of base flow which the City may utilize and will be considered to have been utilized by the City and certain procedures after which certain amounts of base flow utilized in the future by the City. In adopting this thereafter removed from the amount of base flow which can be ordinance, the City is attempting to prevent the allocation of portions of the base flow to sewer extensions which will not be constructed within a defined time period. Ordinance #720 Page 2 APPLICATION FOR SEWER EXTENSION PERMITS. Any person who wishes to obtain a sewer extension permit within the MMSD contract area of the City must file with the City an designated by the City. That said application will be application for a sewer extension permit in a manner as considered by the Public Utilities Committee of the City of Muskego and shall only be granted if the Committee determines that the amount of capacity allocated by the granting of said permit will not jeopardize the ability of MMSD contract. the City to comply with the terms and conditions of said TERMINATION OF PERMIT. All sewer extension permits granted under this ordinance shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is not certified (by a representative appointed by the City to make said certification) to be completely constructed and approved within one year of the year period the period is extended by a granting of said permit unless prior to the end of said one subdivider's/developer's agreement entered into between the holder of said permit and the City which secures by a letter of credit or when not prohibited, by other ordinances or r,esolutions of the City, other security deemed appropriate by the City to insure the installation of the sewer extension under terms and conditions satisfactory to the City. PERMISSION FOR USE OF SEWER EXTENSIONS PREVIOUSLY GRANTED. As to all sewer extensions that would now be under this ordinance but were approved prior to the adoption of this permission shall be given notice of the passage of this ordinance, all of the persons or entities granted such ordinance and shall be considered to have been granted a sewer extension permit as of the date they are mailed notice of the adoption of this ordinance. No permit fee will be required under this sub-section. The sewer extension permit granted under this sub-section shall terminate and the allocation of capacity shall cease to the extent that said sewer extension is not certified (by a representative appointed by the City to make said certification) to be completely constructed and approved within one year of the mailing of the notice of the adoption of this ordinance. This period may be extended if prior to the end of said one year period a subdivider's/developer's agreement is entered secures by a letter of credit or when not prohibited, by into between the holder of said permit and the City which deemed appropriate by the City to insure the installation of other ordinances or resolutions of the City, other security to the City. the sewer extension under terms and conditions satisfactory Ordinance #720 Page 3 0 (5) PERMIT FEES. Upon filing of an application, applicant'shall p'ay a permit fee of $100.00 per application per type of development (residential, multi-family, commercial, or industrial). SECTION 3. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict . SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 25TH DAY OF JUNE , 1991. ATTEST: 6j91cac ,* 1 G. Salentine, Mayor Published on the 3rd day of July , 1991. STATE OF WISCONSIN ) Milwaukee County ) , 5s. ""-Y *.- -. - AMENDED @e& utility) , :. OF @-GO, WISCONSIN,, DO. OR~DAIN AS FOLLOWS SECTION 1: Chapter 21, Seetion 21.04(22) of the Municipal Code .of the City of Muskeao. Wisconsin, is deleted and THE COMMON COUNCIL OF THE%lTY ' recrencd 'to read .as follows: Section 21.04(22) 'Residential Equivalent connection" (REC) shall mean the amount of noqal sewagi discharged (base flow) by -one the.base flow aaaoeiated with :one Residen- average hoimehold. For user cha+ge'billings, tial Equivalent Connection ahall .be com- puted by multiplying the City. oeeupancy factor ,timss the gd0n6 pr capita per day pvrponis of Gwer extensions. a ~esidential I fa& esWbli&d. yearly by MMSD. For. .. Equivalent-Connection, for ~ a' single fdy hopehold or,three-Wrwm apartment shall 'diseharging'67.~~sper.&pits pq.:day OL,: be ;+ir&:+s 33 :pepple ;$e--hounehold ; 'estimated at 2.6 people per.household and b& ikw. Two-bedmom apartments shall be onebedmom and studio apartments nhd.be estimated at 1.6 people .per household. .REC,$ per acre ind induntM:lande shall be Commercial landn shaU be es$imatetat 4.81 estimated at 9.63 REC's per. acre until~the hdi BTB developed and actual flows -.,be eahblished. ' SECTION Z'Chapter 21 of.the Municipal Code .of- the City of Muekego ia hereby amend@ to add the folloaring: Section 21:21 MUSKEG0 SEWER EXTJ3NSION PEW IN MMSD CON- TRACT+- . (l).INTENT. The City of Muskego hes .contractad with the Milwadtea M,mpjIitan 'Sewersge Diatrict ("SD) to pp+de.newr &mi&- within. 4 .@e area,,of 'the .City 'p-kntto the t@m and condition8 of said cbntrac&. Pursuqt to the terms end wndi- . tio~,of,soid contract. there is a limitation on lhe'amount of base flow wbich the Cihr may u being duly sworn, dolh depose and say lhal he is an aulhorized represenlalive of The.. . MItd<c~~~ .SIIII.. .................. :. ... a newspaper published at ... Muskego. .............. Wisconsin and lhal an advertisement of which the annexed is a Cue copy, laken from said paper, was published (herein on .................... ...,., ...... ........................... .. : ...... JUI, . .9.199(1. ...... ........................... ............................ .... ................... Subscribed and sworn lo belore me lhis .... .3.d .. day My Commission expires: ....... .APRIL. 11. .. 19.93. . ISzmate $h*"dad&e . -. - ,will be required'under>&is sub-&ion. The adoption of thin ordinan?. ,NO pemjt.fee sub-section ahall terminate and the doea: newer extenaionCpermit canted under this saidmwer extension- ia not certified 6y.i tion of capacity shall cease to the extent that representative appointed by the ,City to 'Wnatruaed and approved within one year of make said cartification) to. be wmpletely this ordinqce. Thin period may besextended the,mailing-bf-the notice of the adoption of if prior to the end-'of iaid:orie year p+il,a subdivider'sldeveloper's. agreement,, is entered, Into. between the holder ' of ,said letter of credit or when. not ,prohibitad,, by permit Ad the Cizy which ,seeurea by +' other ordinances or resolutio& of the City, (other security deemed appropriate by the City to .insure the installatioq of the newer' e?hnsion inder terms and enditions sstis- factoryto theCity. (5) PERMIT FEES. Upon Iil:i .of an application, applicant shall pay a permit fee of, %IOO.,~ per. app&tion>-per type of development (residential, multi-family, wm- mercial. or industrial). ! SECTION,3. The several aectio2ns of this ordinance are declared to, be severable. If I any Getion or .portion t.hereof,shall be declared'by a decision of 'a.u)urt of compe- tent juriFdiction tqbe invalid, unliwhl, or unenforceable, eueh. decision nhgl apply only to the specif~c section or portion thereof directly specified in the deciaian. and not aftect.the validity of all other provieions; sections, or portion'thed of &e ordinance which ahall remain. in fidl force'and effect, Any o9er ordinanca 'who&= tern,. are, in wntlict with the pmvisionn of thin ordinance are hereby repealed 8f-b those terms that passage and pubhation PASSED AND APPROVED THIS k'IW . .<DAY.OF'JUNE, 1991. /d.wayne G. si&&, Mayor COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #720 AMEND CHAPTER 21, SECTION CODE OF THE CITY (Sewer Utility) , 4eo 8 '8 I THE COMMON COUNCIL CITY OF MUSKEGO, DO ORDAIN AS FOLLOWS: SECTION 1: Chapte of the Municipal Code of the City of Mus ted and recreated to read as follows: Section 21.04(22) "Residential Equiv shall mean the amount of normal s average household. associated with on be computed by mu1 the gallons per ca MMSD. For purpose nsions, a Residential Equivalent Connect three-bedroom apar s 3.1 people per household discharg a per day of base flow. Two-bedroom imated at 2.5 people per household and o shall be estimated at 1.5 lands shall be est industrial lands shall b at 9.63 REC's per acre until the lands are deve established. SECTION 2: Chapter 21 se flow) by one gs, the base flow- ivalent Connection shall occupancy factor times tor established yearly by of Muskego is hereby am Section 21.21 MUSKEGO SEW R EXTENSION PE IN MMSD CONTRACT AREA 1 (1) INTENT. The City Muskego has contra Milwaukee an Sewerage sewer service wit a certain re by the City. In adoptqng this is attempting to prevent the allocation ase flow to sewer extensions which will not be constructed within a defined time period. @ 8 0 y the City. That said application will be the City to c granting of s allocation of said said sewer extensio completely constructed approved within one year of the ess prior to the end of said one City which secures by a letter urity deemed appropriate tion of the sewer City. As to all sewer extensions that wou ow be under this granted such to the City. Ordinance #720 Page 3 8 8 8 (5) PERNTT FEES. Upon filing of an application, applicant shall mit fee of $ per Residential Equivalent n (REC) requested in said application. The term ed herein is defined in Section 21.04(22). a1 sections of this ordinance are If any section or portion thereof cision of a court of competent to the specific section or portion d, unlawful, or unenforceable, such d in the decision, and not affect the visions, sections, or portion thereof of remain in full force and effect. Any s are in conflict with the provisions by repealed as to those terms that conflict . nance shall be in full force and passage and publication. PASSED AND APPROVED THIS DAY OF , 1991. \ Wayne G. Salentine, Mayor ATTEST : \ \ of Published on the - day City Clerk , 1991.