CCR1985132AMENDED
RESOLUTION #132-85
AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING
(Waste Management)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Welfare Committee, does
hereby approve of the attached “Memorandum of Understanding”
between the City of Muskego and Waste Management with reference
to the municipal water system, and authorizes the Mayor and
Public Service Commission approval.
Clerk to execute same in the name of the City, subject to the
DATED THIS 23rd DAY OF July Y 1985.
PUBLIC WELFARE COMMITTEE
Ald. Daniel J. Hilt
ATTEST:
City Clerk
6/85
jm REMOVED FROM AGENDA 6/25/85
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into this __ day of
, 1985, by and between the City of Muskego, a municipal I corporation organized under the laws of the State of Wisconsin, and Waste
Management of Wisconsin, Inc., a Wisconsin Corporation, the owner of a
of Dnderstanding is entered into for the purpose of providing a basis for
licensed sanitary landfill withir: the City of Muskego. This Memorandum
discussion between the parties whereby Kaste Manaoement of Wisconsin,
Inc. would dedicate financial aids in construction for a proposed
municipal water system expansion in the City of Muskego, a part of which
is nezr the sanitary landfill operated by Waste Manapement of Wisconsin,
em-braced in this Memorandum of Understanding are subject to further
Inc. It is expressly understood between the parties that the concepts
refinfment, discussion and negotiatlon to aid in the finalization of a
binding legal document beth,?en the parties t3 accor,plish the set
forth in this Memorandurr. of Understandinp.
1 Waste Mana,-?z.ent of h-isconsin, Inc. aqrees to contriclte
S500,GOO to ilhe Ciry of Xfisiteqo for the d?sign an6 installation of an
cxpznsion to the Ciny's water sycrem, an5 the cor.nection of certain
priv+tf residences therscc as descrikd below. The agreement
con:?s?latec that the S500,OGO would be used first to accomplish the
~azlz and ccr~cerns of G;ss:=. bknzcernent of Eisconsin, Inc. as hereicafter
CClctEinea.
2. lia.ccs Nzsagernens of ;?isconsin, Inc. agrees to pay tne following
Z~?:.~J?TS in accordance h-ith the folloxing schedule of events:
(a,) $125,000 upoc sward of the construction contract; (or to be - ere 5?finitcly define?);
(5) $l62,500 when construc~ion is certified to De 50% cor;,plete by
tie city enqineer for tne City of Muskego.
(c) $162,500 wnec construction is substantially conpleted to be
certified b>- the city enqineer.
(d) $50,000 upon the certification of the system as reaiy for use.
In order to secure payments as stated in the above-schedule, upon
execution of this agreenent by the last of the two parties, h'aste
Manacfment of Wisconsin, Inc. shall exscute in favor of the City Of
Muskeqo an irrevocable letter of credit in favor of the City, or at Waste
Kanagment's option, establish an escrow account in favor of the City Of
Yuskego. Either of the above shall be in a form acceptable to the City
of Mskego and shall allow the City, with no further agreement from
writing, stating to the financial institution involved, that the
anyone, to withdraw the sums stated in this paragraph upon the City in
condicion stated above has been accomplished. 0
585 k21412 Janesville mead, Muskego, Wisconsin, blJt as part of Paragraph
3. The City will not accept the well owned by h'aste Manaqement at
NO. 4 which follows, will agree to make service available to said
properties.
Inc. will be used first for the mains, lateral installation and hookups
at the following locations:
4. The monies as herein provided by Waste Management of h'isconsin,
(a) those properties with existing buildings listed on Exhibit
A and made a part hereof for which the property owner
designates in writing that they wish to be served under
this aqreement and where said property owner grants to the
City, at no cost, a temporary easement for the purpose of
pro\ridinq said service.
As to the property oxners, who agreed in writing as stated in
Taragraph (a), the City would provide a lateral from the street to within
five feet of the bl;ilding to b served. Tns lateral from that point and
any internal pl,Jr,binc c:anqes, h-ould be the respocsibility of ?ne
sroperty ownsr and cct of iiaste E:anapsment and/or the City. As tc the
who do not inci?zte in h'riting they wish to be ssrved unjer the ter?S ane
.=roperties appearin? on the list, ~lhich is mrked Exhibit A, ticse o'dner5
conjltions of this acreement, the City h:ould provide a lateral only to
the property lir7e of such a pro2erty.
5. An). azounts r5naining from the contribution of :;sste .!?!~,r.aqement
r OL h'isconsic, In;., after resii2nces and bcsiness icisntified i; Pzraprz
La. 4 a5ove ha.,Ve bee- 2rovidee h;ith the ir,pro\-ements stated ir: Fzraqrap,. *
KO. 5 abovs, shzll k used by the City of Xuskeqo to defray the overall
cC)sts of constrcctioc of the water systen irrespsctive of the aTlcunt
refraining in sei3 escrow or letter of credit.
6. The a71~cnr cf Waste Xanapement's contribution in Paracrz3h No. 1
above, conte~~plates 5cmkups for all of the current business or r2sidences
loentified in Fz:aczz?h No. 4. In the event any of the properties
ci?scrited irJ Paracraph KO. 4 of this agreemFnt decline said installation,
pursuant to this agrssment, the lateral shall be installed to the
property line a26 neither the City nor Waste Manaqernent of Wisconsin,
Inc. shall have zny further responsibility for connecting said buildinq
to the water sysren.
._
or use, will be respocsible to pay assessments and lateral installation
where appropriate for connection to the City water system. It is
specifically agreed that Waste Management of Wisconsin, Inc. assumes no
responsibility for the costs of connection of future residences or
businesses in the area defined in Paragraph No. 4.
7. Any future residences or businesses, not presently in existence
8. The parties to this Memorandum of Understanding hereby agree and
acknowledge that nothing in this document shall constitute existence of
an admission of any liability on the part of Waste Management of
Wisconsin, Inc. for any degradation of water quality in the areas
discussed in Paragrapn 4(a) in the general vicinity of the landfill.
- 2-
9. The parties hereto agree that kaste Management of kisconsin,
Inc. shall not be held responsible for the design, construction or
Management of kisconsin, Inc. be held responsible for any operation
installation of the expanded City water system, nor shall Kaste
problems arising thereafter by virtue of Kaste Hanaqement of Wisconsin,
Inc.'s contribution to the water system.
I by the City and Waste Manaqement of Wisconsin, Inc. will provide a long
10. It is recognized that the joint accomplishment of this project
term solution to a current community concern and will materially enhance
the environmental soundness of the Waste Management of Wisconsin, InC.
projected operation in the area. I
GjhSTE MASAGEMENT OF WISCONSIN, INC.
BY:
Presidsnt
BY:
Secretary
DP.TE : -
CIT\i OF ML'SKEGO
DhTE :
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RESOLUTION #132-85
AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING
(Waste Management)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Welfare Committee, does
hereby approve of the attached "Memorandum of Understanding"
between the City of Muskego and Waste Management with reference
to the municipal water system, and authorizes the Mayor and
Clerk to execute same in the name of the City.
DATED THIS 2/34 DAY OF 1985.
UBLIC WELFARE COMMITTEE
Ald. Daniel .J. Hilt
Ald. Frank DeAffgelis
ATTEST:
City Clerk
6/85
jm