CCR1987037a COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #37-87
(As Amended)
APPROVAL OF HOLDING TANK AGREEMENT
(R.Matthes)
WHEREAS, the City of Muskego has received a request from Robert
and Sandra Matthes for permission to install a holding tank to
Muskego, and
serve their property at S76 W16474 Bellview Drive in the City of
WHEREAS, it is required by the Department of Industry, Labor and
Human Relations that the City guarantee maintenance of the
Holding Tank, and
WHEREAS, an Agreement for Permission for a Temporary Waste Water
Collection System and Holding Tank has been signed by the
applicant.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, does hereby approve the installation of a
holding tank to serve the property owned by Robert and Sandra
Matthes at 576 W16474 Bellview Drive in the City of Muskego.
RE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute the holding tank agreement in the name of
the City.
BE IT FURTHER RESOLVED that the City wishes to request that the
County Health Department withhold enforcement of the holding tank
requirement for a reasonable period of time as the City is
actively pursuing sewering this property.
DATED THIS 10th DAY OF March 9 1987.
&gP- Ald. Patrlck Patterson
ATTEST :
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #37-87 /
quest from Robert
of Industry, Labor and
Holding Tank, and
aintenance of the
ry Waste Water
ove the installation of a
DATED THIS
Ald. Patrick Patterson
ATTEST :
Exh i b i t "A"
AGREEMENT FOR PERMISSION
FOR A TEYPORXRY WASTE
WATER COLLECTION SYSTEM
AND HOLDING TANK
TXIS AGREEMENT is made and entered into this [' day
of /?~/ J,~~~~~j , d' /'" 19 fl, by and between TXE CITY OF HUSKEGO,
hereinafter called the "Hunicipality",
and I .J,X ~ ,. - "-rs , an individual,
a corporation, or .a
partnership, with a mailing address
.Y I.'>/ ,- , ci-. 7,, &
hersinafter called the "Xpplicanc/Owner".
'.;e hereby acknowledge tha: application is 5eing mede for the
installation of (a) holding t,3ri;C(s) on the following described
0 propercjr:
Lot 9 Block 1
Ludwig's Subdivision
Pt E 112 NE 114 SW 114 Sec 10 T5N R20E
or thac continued use of the existing premises requires that a
holding tank be installed on the property for the purpose of
proper containment of sewage. We also acknowledge that said
propert:J cannot now be served by a municipal sewer, any other
type of private sewage systea as permitted under Chapter ILHR 83,
Wis. Ada. Code, OK Chapter 145, Seats., and thac the property
does not contain an area of soil suitable for any other type of
private sewage systern as perai:ced by Chapter ILHR 83, Xis, Adm.
Code.
Therefore, as an inducenent to the County of Waukesha to
issue a sanitary permit for che above described premises, we
hereby agree and bind ourselves as follows:
1. Applicant/Owner agrees to conform to all applicable
requirenents of Chapter ILHR 83, Adm. Code relating to holding
tanks. If the Applicant/Owner fails to have the holding tank
properzy serviced in response to orders issued by the
Nunicipality to preve9t or abate a nuisance as described in
51L6.13 and 146.14, Stats., the Municipality may enter upon the
property and service the tank or cause to have the tank serviced
and charge the Applicant/Owner by placing the charges on the tax
bill as a special assessment for current services rendered. The
charzes will be assessed as ?rsscribed by §66.60, Stats.
2. Applicant/Owner agrees to pay all charzes and costs
incurred by the Municipa1i:y for inspection, puaping. hauling or
other-dise servicing and maintaining the holding tank in such a
manner as to prevent or abate any nuisance or health hazard
cause? by the holding tank. The Nunicipality shall notify the
ApplFcant/Owner of any costs which shall be paid by the
Applicant/Owner within thirty (30) days from the date of
notice. In the event the Applicant/Owner does not pay the costs
within thirty (30) days, the Applicant/Owner hereby specifically
agrees that all o€ the costs and charges may be placed on the tax
roil as a special assessment for the abatement of a nuisance, and
the tax shall be collected as ?ravided by Wisconsin Statate.
3. The Applicant/Owner. except as provided by
§146.29(3)(d), Stats., agrees to contract with a person who is
licensed under Chapter NR113, Wis. Adm. Code to have the holding
tank serviced and to file a copy of the contract or their
!
regisrration with the Municipality and with the County. The e Applicant/Owner further agrees to file a copy of any changes to
the service contract or a copy of a new service contract with the
Municipality and the County within ten (10) business days from
the date of change to the service contract.
A. The Applicant/Owner agrees to contract with a person
licensed under Chapter NRl 13, Wis. Adm. Code who shall submit to
the Xunicipality and to the County a report in accord with
Chapter ILXR 83.18(4)(a)2, Vis. Adm. Code for the servicing on a
semiannual basis. In the case of registration under
Sl$i.?0(3)(d), Scats., the Applicant/Owner shall submit the
re?or: t3 the Nunici?aliry and cie County.
5. This agroe~nent will rs-ain in effect only until the
local government unit responsijle for the regulation of private
0 seirage systems certi€ies that the property is served by either a
municipal sewer or a soil a'osor2,:ion system that complies with
Cha?:_er ZLilR 83, Wis. Adn. Code. In addition, this agreement may
be czncelled executing and recording said certification with
refersnce to this agreement in such manner which will pernit the
exlscence of the certification t3 be determined by reference to
the 2raperty.
6. This agreenenc shall ;e binding upon the
Appl.icsnc/Owner, the heirs of the applicantlowner and assigns of
the zp?Licant/owner, and shall nr~ with the above described
propercy. The Applicant/Owner shall Eile the azreemenc with the
i7egls:er of Deeds, which shall be recorded by the Regiszer of
Deeds in a manner which will perait the existence of the
agree2ent to be deternined by rPference to the properzy where the e
I
I " .
,.
holding tank is installed.
7. Applicant/Owner shall install at its expense and to the e
satisfaction of the Municipal Engineer and all other approval
autsorities having jurisdiction, a holding tank of adequate size
for the collection of waste from the real property located at
r. c .: , 1. \,', \ I_. :-,! ,7 1" : ~ . 1 ;; LL i '? ":L' .. I? r? and
shall file a sketch of the property involved showing the location
of the proposed holding tank. Applicant/Owner shall install any
additional holding tanks required for future capacity if
necessary and Municipality agrees to issue and assist
Applicant/Owner in sec*Jring all necessary approvals and permits.
a. Applicant!Owner agrees that in consideration for the
exec'lcion of this agreement, ic gill conform to all of tSe rules
and r?g,llations, ordinances, and codes of the City of ?!uskego,
County of Waukesha and that State of Wisconsin in the 0
consiieration and maintenance of the proposed waste water holding
tank and of any future praposed waste water holding tank(s).
9. Applicant/Owner agrees, that the then owner of the real
propercy, legally described herein, will pay the special
assess3er1t which may be made agzinst such owners for their proper
share of the cost of the conneczion of any alternate sanitary
se;ltL.c system constr:lcted by the Yunicipality to the s:3scem, at
such tine as it may be detrraiaed by the Munici?ality to install
and assess the cost thereof.
10. Applicant/Owner agrees that it will not, at the time of
installation of any alternate sanitary septic system, assess any
clain as to lack of benefit by reason of the fact that they have
been pernitted to install a holding tank or holding tanks; and
0
that they and their successors and assigns, will be precluded
from asserting any defense in that respect to any charge made by
the Nunicipality for the installation of said alternate sanitary
septic systern.
11. The Applicant/Owner shall deposit with the Hunicipal
Clerk a cash bond in the sum of $,hA - . This bond shall
guarantee the City of Nuskgeo reimbursement for any and all
ex;lenses incurred by the City of Wluskego in alleviating any
nuisance which may occur as a result of the pemission by this
agreenent for the applicant/owner to install a holding tank. The
sun of $PA - shall be maintained at all times and if
monies are expended, the applicant/owner shall replenish the cash
bond axd maintain the same consEantly at $ 8,. i- __ . Upon
the installation avallability and connection of the pro?erty
involved to public sanitary sev.gerage facilities, the sum of
,i
0 $ i ,L? - cash bond shall be returned to the applicant/owner.
IX WITNESS WHEREOF, the parties have hereunco set their
hands and seals the da;7 and year first above written.
The Huskego Common Council has agreed that
the will be the responsible party to the
S;a:e and further agreed to authorize the proper officials to
sign an azreement with a pri;.ace company engaged in and certified
for t5e servicing of the holding tank.
/f4zv?24xL< 'zr :c1
CITY OF MUSKEG0 APPLICANT~OKCX
A Hunicipal Corporation
BY :
BY :,. c-2 & ',L +72h'"
By:. f< .. , - 8. . ,_ ' _I . i
YAYOR - j. ,. . * BY:
ATTEST:
LLLLK
COUNTY OF WAUKESHA)
Personally came before me this 33 day of
193, the above named Rp~,zqr ts‘. rnRrTNK5
J. VATTP~~X ok
n to be the persons who executed the foregoing instrument
and acknowledged the same.
My Commission p,@ J 5-/7-y7
.)
COUXTY OF WAUKESHA)
Personally came before me this day of
19-. the above named and
ok co me known to be the persons who executed the foregoing instrument
and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
Fly Commission
COUYTV OF WAUKESHA)
lersonally came before me this day of
19 , the above named and
to ne known to be the persons who executed the foregoing instrument
and acknowledged the sa?le.
- Ot 0
NOTARY PUBLIC, STATE OF WI
My Commission
RECEIVED FOR RECORD
ca7 of , A.D., 19-, at =lock -;4. and recorded in Volume of
Page -.
Waukesha County Register of Deeds
This instrument was drafted by the State of Wisconsin Department of
Industry, Labor and Human RelaEions, Bureau of Plumbing and Attorney
John ?. Xacy.
CLK:HTAgree