CCR1996081COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #El-96
AUTHORIZATION TO EXECUTE FIRST AMENDMENT TO
INTERGOVERNMENTAL COOPERATIVE AGREEMENT AND
ADDENDUM TO INTERGOVERNMENTAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
MILWAUKEE METROPOLITAN SEWERAGE DISTRICT
BE IT RESOLVED that the Common Council of the City of Muskego
does hereby approve the attached First Amendment to
Intergovernmental Cooperative Agreement and Addendum to
Intergovernmental Cooperative Agreement between the City of
Muskego and Milwaukee Metropolitan Sewerage District.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute
said documents in the name of the City upon review and approval
of the City Attorney.
DATED THIS 9th DAY OF APRIL , 1996.
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of
Resolution #El-96 which was adopted by the Common Council of the
City of Muskego.
4/96 jmb
FIRST AMENDMENT TO INTERGOVERNMENTAL COOPERATIVE! AGREEMENT
AND ADDENDUM TO INTERGOVERNMENTAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND MILWAUKEE
METROPOLITAN SEWERAGE DISTRICT
WHEREAS, the parties have entered on December 20, 1990, an
Intergovernmental Cooperative,Agreement and Addendum thereto; and
WHEREAS, the parties wish to make certain amendments to said
Agreement contained in this document.
NOW THEREFORE, for valuable consideration acknowledged by
and between the parties,
IT IS HEREBY AGREED that said Agreement and Addendum thereto
is amended in the following respects:
1. Article 111, Section 3.4. j. is amended to read as
follows:
Added to the utilization of Capacity Factors shall be
the Capacity Factors allocated to vacant but served or
to be served parcels. The criteria to be applied to
the vacant parcels shall be the same for residential
and multi-family parcels as per Section 3.4.a and b.
day per acre at 310 mg/l BOD and 370 mg/l TSS, with
Commercial lands shall be allocated 1,000 gallons per
day at the same BOD and TSS loadings as commercial
industrial lands allocated 1,000 gallons per acre per
lands.
2. Exhibit 2-MU is amended to add the following
Base Flow increased by 373,860 gpd
BOD increased by 967 lbs/day
TSS increased by 1,154 lbs/day
Contribution increased by $789,329.00
paid by the City of Muskego to MMSD within thirty (30)
The additional contribution of $789,329.00 shall be
days after execution of this amendment.
3. Exhibit 9-MU is amended to change the percentage from
9.70% appearing behind the name Muskego to 10.37% and
shall be utilized in the computation of the bill to the
City pursuant to 53.10 and S3.11 commencing with the
bill to be submitted to the City on or about April 1,
1997.
4. The following new section is added to said Agreement:
Interim Peak Flow
A. Muskego shall place on deposit with MMSD
$930,000.00 within thirty (30) days of the date of
money estimated to be equal to its avoided costs
execution of this Agreement, which is a sum of
for 0.93 MG (peak day) and 1.40 MGD (peak hour) .
B. Muskego shall request an interim adjustment to
Exhibit 5-MU to reflect 0.93 MG (peak day) and
the peak flow limitations in Exhibit 5-MU between
1.40 MGD (peak hour) if there is an exceedance of
the effective date of this First Amendment and the
approval by the DNR of the next facilities plan
and election by MMSD pursuant to Section 4. D. of
this First Amendment. Such request shall be made
no later than 30 days after the exceedance.
C. If Muskego requests the interim increase in peak
flow, all interest earned or to be earned on the
escrowed sum becomes the Districts and the percent
of future capital costs on Exhibit 9-MU goes to
11.38% effective on the date of the peak flow
exceedance
D. After adoption of the next facilities plan by the
MMSD and within 90 days of the approval by the
DNR, the MMSD in its discretion shall either
(1) Permanently adjust Exhibit 5-MU and adjust
Exhibit 9-MU (in which case the deposit and
all interest earned becomes the Districts)
or
(2) Direct Muskego to construct storage capacity
of 0 93 mg. within Muskego The deposit and
interest (if the interest is not applied to
interim peak) will be refunded upon
completion and placement into seryice of the
storage capacity. The total storage capacity
over 12.31 mgd peak hr. or 8.20 mg peak day.
so constructed shall be used for any flows
in peak flow, Exhibit 9-MU shall be reduced
If Muskego has requested an interim increase
be reduced to 12.31 mgd peak hr. and 8.20 mg
from 11 38% to 10.37% and Exhibit 5-MU shall
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peak day one year after MMSD has directed
Muskego to construct the 0.93 mg storage
capacity within Muskego. Exhibit 9-MU shall
remain at 12.31 mgd peak hr. and 8.20 mg peak
remain at 10.37% and Exhibit 5-MU shall
day if no interim adjustment was requested by
Muskego.
5. All provisions of the Intergovernmental Cooperation
Agreement and Addendum thereto of December 20, 1990 not
specifically amended by this First Amendment shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Addendum to
Intergovernmental Cooperation Agreement between the City of
Muskego and Milwaukee Metropolitan Sewerage District to be duly
executed this day of , 199-.
MUNICIPALITY DISTRICT
WITNESS WITNESS
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