CCR1987192e COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 111 92-87
APPROVAL OF HOLDING TANK AGREEMENT
(Keith Jahns)
WHEREAS, the City of Muskego has received a request from Keith
Jahns for permission to install a holding tank to serve his
property at S94 W14574 Groveway Lane in the City of Muskego, and
WHEREAS, it is required by the Department of Industry, Labor and
Holding Tank, and
Human Relations that the City guarantee maintenance of the
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
holding tank to serve the property owned by Keith Jahns at S94
City of Yuskego, does hereby approve the installation of a
1514574 Groveway Lane in the City of Muskego.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
the City.
~ authorized to execute the holding tank agreement in the name of
I
Alfi!k . atrrc f* Patterson
ATTEST:
AGREEMENT FOR PERMISSION
FOR A TEHPORARY WASTE
WATER COLLECTION SYSTEM
AND HOLDING TANK
THIS AGREEMENT is made and entered into this 26 day of d!i+LL.Zz- , 19n, by and betveen the THE CITY OF MUSKEGO,
herelnafter called the "Municipality", and KE ~fh JS;h?L"l
an individual, AN T/UD/y/DUAL , a corporation, or
- a partnership, with a mailing
address of , T4 i77z75-&?M,M! /v LA.
hereinafter called the "Applicant/Ovner".
,
-*
We hereby acknovledge that application is being made for the
installation of (a) holding tank%) on the folloving described
or that continued use of the existing premises requires that a
holding tank be installed on the property for the purpose of proper
containment of sevaqe. We also acknovledge that said property
cannot nov be served by a municipal sever, any other type of private
sewage system as permitted under Chapter ILHR 83, Wis. Adm. Code, or
Chapter 145, Stats., and that the property does not contain an area
of soil suitable for any other cype o€ private sevage system as
permitted by Chapter ILHR 83, Wis. Adm. Code.
Therefore, as an inducement to the County of Waukesha to issue
a sanitary permit for the above described premises, ve hereby agree
and bind ourselves as follovs:
1. ApplicantIOvner agrees to conform to all applicable
requirements of Chapter ILHR 83, Wis. Adm. Code relating to holding
tanks. If the ApplicantIOvner fails to have the holding tank
properly serviced in response to orders issued by the Municipality
to prevent or abate a nuisance as described in 5146.13 and 146.14,
Stats., the Municipality may enter upon the property and service the
0
tank or cause to have the tank serviced and charge the
Applicanc/Ovnec by placing the charges on the tax bill as a special 0
assessment for current services rendered. The charges vi11 be
assessed as prescribed by 566.60, Stats.
2. Applicant/Ovner agrees to pay all charges and costs
incurred by the Municipality for inspection, pumping, hauling or
ochervise servicing and maintaining the holding tank in such a
manner as to prevent or abate any nuisance or health hazard caused
by the holding tank. The Municipality shall notify the
Applicant/Ovner of any costs vhich shall be paid by the
Applicanc/Ovner vithin thirty (30) days from the date of notice. In
the event the Applicant/Ovner does not pay the costs vithin thirty
(30) days, the Applicant/Ovner hereby specifically agrees that all
of the costs and charges may be placed on the tax roll as a special
assessment for the abatement of a nuisance, and the tax shall be
collected as provided by Wisconsin Statute.
3. The Applicant/Ovner, except as provided by llL6.20(3)(d),
Stats., agrees to contract vith a person vho is licensed under
Chapter NR113, Wis. Adm. Code to have the holding tank serviced and
to file a copy of :he contract or their registration vith the
Yunicipalicy and vi:h the County. The Applicant/Ovner further
agrees to file a copy of any changes to the service contract or a
copy of a new service contract vith the Municipality and the County
vithin ten (10) business days from the date of change to the service
contract.
0
4. The Applicant/Ovner agrees to contract vith a person
licensed under Chapter NRII3, Wis. Adm. Code vho shall submit to the
Yunicipality and to the County a report in accord vich
Chapter ILHR 83.18(4)(a)2, Uis. Adm. Code for the servicing on a
semiannual basis. In the case of registration under 5146.20(3)(d),
Scats., che Applicant/Ovner shall submit the report to the
Municipality and the County.
5. This agreement vi11 remain in effect only until the local
government unit responsible for the regulation of private sevage
systems certifies chat the property is served by either a municipal 0
sewer or a soil absorption system that complies vith Chapter ILHR
83, Wis. Adm. Code. In addition, this agreement may be cancelled by
executing and recording said certification vith reference to this
agreement in such manner vhich vi11 permit the existence of the
certification to be determined by reference to the property.
6. This agreement shall be binding upon the Applicant/Ovner,
the heirs of the applicantlovner and assigns of the applicant/owner,
and shall run vith the above described property. The
ApplicantIOvner shall file the agreement vith the Register of Deeds,
which shall be recorded by the Register of Deeds in an manner vhich
vi11 permit the existence of the agreement to be determined by
reference to the property where the holding tank is installed.
7. Applicant/Ovner shall install at its expense and CO the
satisfaction of the Hunicipal Engineer and all other approval
authorities having jurisdiction, a holding tank of adequate size for
the collection of vaste vater €rom the real property located at - r- l44qc 77 gmigt%,y LA- 4g.y k5q3 LZ~L and
shall file a sketch of the property involved shoving the location of 0 the proposed holding tank. ApplicantlOvner shall install any
additional holding tanks required for future capacity if necessary
and Yunicipality agrees to issue and assist Applicant!Ovner in
securing all necessary approvals and permits.
8. ApplicanrIOvner agrees that in consideration for the
execution of this agreement, it vi11 conform to all of the rules and
regulations, ordinances, and codes of the zyof Gen”-ee, County of
WaGkesha and the State of Wisconsin in the consideration and
maintenance of che proposed waste vater holding tank and of any
futcre proposed vaste vater holding tank(s).
n VSXGO
9. ApplicantIOvner agrees, that the then owner Of the real
property, legally described herein, vill psy the special aSSeSSment
which may be made against such ovners for their proper share of the
cost of the co’nnection of any alternate sanitary septic system
constructed by the Municipality to the system, at such time as it
may be determined by the Municipality to install and assess the Cost
installation of any alternate sanitary septic system, assess any
- 7-
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claim as to lack of benefit by reason of the fact that they have
been permitted to install a holding tank or holding tanks; and thae
they and their successors and assigns, will be precluded from
asserting any defense in that respect to any charge made by the
Municipality for the installation of said alternate sanitary septic
system.
11. The ApplicantfOvner shall deposit vith the Municipal Clerk
a cash bond in the sum of S- "0 -"- . This bond shall guarantee
the City of Muskego reimbursement for any and all expenses incurred
by the City of Huskego in alleviating any nuisance vhich may occur
as a result of the permission by this agreement for the
applicantfovner to install a holding tank. The sum of S -b -
shal1 be maintained at all times and if monies are expended, the
applicancfovner shall replenish the cash bond and maintain the same
constantly at S- -0- . Upon the installation availability and
connection of the property involved to public sanitary severage
facilities, the sum of S -0- cash bond shal
the applicancfovner.
IN WITNESS WHEREOF, the parties have hereunto
and seals the day and year first above vricten.
The Huskego Common Council has agreed that the
be returned to
et their 'hands
vi11 be the responsible party to the State and further agreed to
authorize the proper officials to sign an agreement vith a private
company engaged in and certified for the servicing of the holding
tanks.
I
CITY OF UUSKEGO
A Yunicipal Corporation
By: "_ Uayor
ATTEST:
By:
Clerk
BY:--
Ovne r ,
If other than ApplicanC
STATE OF WISCONSIN 1
)ss.
COUNTY OF WAUKESHA
Personally came before me this I day of dcpt , 19g
the above named fir;fh .T#ffUUg
executed the foregoing instrument and acknowledged the Same.
mLiak and
zm , rc;, to me known to be the persons who
STATE OF WISCONSIN 1
COUNTY OF WAUKESHA )
)ss.
Personally came before me chis day of I 19-
of
the above named - and -
executed the foregoing inscrumenc and acknowledged the same.
"" eo me known to be the persons who
- - NOTARY PUBLIC, STATE OF WI
My commission:
STATE OF WISCONSIN
)ss.
COUNTY OF WAUKESHA )
Personally came before me this day o€
the above named
executed the foregoing instrument and acknovledged the Same.
I 19-
""
and
of eo me known coae the persons Who
- "- NOTARY PUBLIC, STATE OF VI
MY commission: -
RECEIVED FOR RECORD
"- day of , A.D.. 19-, at c o'clock . H. and recorded in Volume " of I Page "*
-- Register of Deeds -
- Waukesha County
This instrument was drafted by the State of Wisconsin Department Of
Industry. Labor and Human Relations, Bureau of Plumbing and Attorney