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ORD1991722COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #I22 AN ORDINANCE TO AMEND CHAPTER 21 TO ADD SECTION 21.22 TO THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Sewer Utility) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 21 of the Municipal Code of the City of Muskego, Wisconsin, is hereby amended to add the following: Section 21.22 MUSKEGO SEWER EXTENSION PERMIT IN LAKE DENOON CONTRACT AREA (1) INTENT. The City of Muskego has contracted with the Sanitary District No. 1 of the Town of Norway 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 use of said sewer system that the City may utilize. In adopting this Ordinance, the City is attempting to prevent the allocation of portions of the use allowed under said contract to sewer extensions which will not be constructed within a defined time period. (2) APPLICATION FOR SEWER EXTENSION PERMITS. Any person who wishes to obtain a sewer extension permit within the of the City must file with the City an application for a Sanitary District No. 1 of the Town of Norway contract area City. That said application will be considered by the sewer extension permit in a manner as designated by the Public Utility 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 the City to comply with the terms and conditions of said Sanitary District No. 1 of the Town of Norway contract. (3) 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 granting of said permit unless prior to the end of said one year period the period is extended by a 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 resolutions 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. i Ordinance #722 Page 2 (4) PERMISSION FOR USE OF SEWER EXTENSIONS PREVIOUSLY GRANTED. I 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 termirlate 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 mailing of the notice of the adoption of this Ordinance. completely constructed and approved within one year of the 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 the sewer extension under terms and conditions satisfactory to the City. 0 (5) PERMIT FEES. Upon filing of an application, applicant shall pay a permit fee of $100.00 per application per type of development (residential, multi-family, commercial, or industrial). SECTION 2: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent decision shall apply only to the specific section or portion jurisdiction to be invalid, unlawful, or unenforceable, such thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict . SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 21TH DAY OF AUGUST , 1991. Published on the 5th day of September, 1991. t3791cac ffOhiMON COUNCIL AN ORDINANCE TO AMEND 'C-R. ,ORDINANCE #722 21 TO ' ADD ' SECTION 21.22, TO ' THE MUNICIPAL CODE' OF THE CITY ,OF MUSKEGO (&war Utility) OF ~SKEGO.,WISCONSTN, DO Om- THE COhfMON.%OUNCIL OFTHE CITY As FOLLOWS SECTION l:,Chaptir 21 of the Municipal code' of the City.of Muakego. Wisconsin, is herbby. amended to add the following: EXTENSION'PEK'IN DENOON comm REA Sectiii6 21.22 MUSKEGO SEWER i The .. Jlqcsl<cr:fJ .Sun. ........................ a newspapel published at ... FhikCRo. ............... Wisconsin and lhal an advertisemen\ 01 which the annexed is a [we copy, taken tram said paper, was published lherein on ........................... ........................... .................... ........................... ,..... . (Signed). BOOKKEEPER, // My Conmission expires'. other ord$i@ces' or ,re@utio* of the City. other Frity deemed;appropriate by the City ta insiire the %Istallation. of.the ewer extension imder teMa and conditions satig- factory to the City. (5) ,PERMIT FEES. Upon iiling of an application, applicant:a+ll.pay apermit fee of $100:00' per applieatiari. per tjrpe of development (residential, multi-family. eom- mercisl;.orindustrial)i'.' ,. SECTION 2: The 8n;eral 'sections of this Ordinan& are'declareQfto &,severable. If any section 'or ,prtion~'the~f. shall declared' by a decisidn bf i~ cod 'of mmpe- tent jurisdidion to be invalid, unlawful, or unenforceable,. such d&ision slinll 'Spply directly ipeEified=in-:th%eeision. and not only ta the specific 6edi.m or portion therd aITect the validity. of all. other. pioirisioni, sections,.of portion thereof of the ordinance which shall reniain.in full force and effect. Any other ordinan6 whose ternis are in conflict with the. prv+io"e of t);is ordinance are herabv renealed &B to tho&tkmi that conflict: SECTION 3: Xi ordinance shall be in full foqce and eet ,&in' and after its .. ublication. UD' WPR.O?SD THIS,'2TrH UST., 1991;. /flame G. &dentine @Jean K Maienda'.' "" City Clerk 1991. Wlcac 'I A~ESTI fibliahed on' the 5ih day of SeptemIkr. .~ , A~ESTI " @Jean K Maienda'.' "" City Clerk 1991. Wlcac 'I fibliahed on' the 5ih day of SeptemIkr. .~ , .APRIL. 31. . 19.93