CCR2000237COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #237-2000
APPROVAL OF AMENDMENT TO AGREEMENT
CREATING THE LlNNlE LAC SANITARY SEWER DISTRICT
BY AND BETWEEN THE CITY OF MUSKEG0 AND
THE CITY OF NEW BERLIN
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Utilities Committee, does hereby approve the attached
Amendment to Agreement Creating the Linnie Lac Sanitary Sewer District by and
Between the City of Muskego and the City of New Berlin.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the document in the name of the City.
DATED THIS 28th DAY OF NOVEMBER 2000.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Mark A. Slocomb
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #237-2000 which
was adopted by the Common Council of the City of Muskego.
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AMENDMENT TO AGREEMENT CREATING THE LINNIE LAC SANITARY SEWER
DISTRICT BY AND BETWEEN THE ClTY OF MUSKEGO AND THE CITY OF NEW
BERLIN
WHEREAS, on or about September 24, 1974, the CTY OF MUSKEGO,
hereinafter referred to as "MUSKEGO", and the ClTY OF NEW BERLIN,
hereinafter referred to as "NEW BERLIN", entered a certain agreement whereby
MUSKEGO would provide to residents of NEW BERLIN certain limited sanitary
sewer services within a certain limited service area; and
WHEREAS, MUSKEGO and NEW BERLIN, under certain specific
circumstances, have added additional properties outside of the boundaries of the
service area defined as Exhibit "A" attached to the original contract and continue
to provide service to these areas outside of the original area defined on Exhibits
"B", "C" and "D" attached hereto and made a part hereof; and
WHEREAS, MUSKEGO, at its sole option, at the request of NEW BERUN,
may wish to service certain other isolated areas in NEW BERUN; and
WHEREAS, MUSKEGO receives service from the MILWAUKEE
METROPOLlTAN SEWERAGE DISTRICT, hereinafter referred to as "MMSD",
whereby MUSKEGO pays for the operation, maintenance and capital costs
charged by MMSD; and
WHEREAS, MUSKEGO is billed by MMSD for that portion of service being
used by NEW BERLIN residents pursuant to this contract.
NOW, THEREFORE, BE lT RESOLVED, for valuable consideration,
acknowledged by each party, as follows:
1. Pursuant to this amendment, MUSKEGO, at its sole option, may
provide services to additional NEW BERLIN properties outside of the
area described on Exhibit "A", but only after a request for service by
NEW BERUN.
2. MUSKEGO shall serve no other parcels described in Exhibit "A" other
than those now being served. MUSKEGO shall continue to provide
service to those currently served described on Exhibits "B", "C", and
"D" and any additional properties added pursuant to Paragraph 1 of
this Agreement, on the same basis as under the original Linnie Lac
Agreement dated on or about September 24, 1974, except as said
Agreement is amended herein.
3. On or before October 1* of each year NEW BERLIN will provide to the
MUSKEGO Assessor, the Equalized Value for all of the property located
in NEW BERLIN and receiving sewer service through MUSKEGO. NEW
BERUN shall separately report on the Linnie Lac properties located in
the MU-1 Basin and the properties along Janesville Road located in
Amendment to Agreement - Linnie Lac October 6, 2000
Page 2
the MU-2 Basin. MUSKEGO will report these values along with the
equalized value of MUSKEGO’S Sewer Service Area to MMSD.
4.
5.
6.
7.
MUSKEGO has adopted policies concerning Reserve Capacity
Assessments, connection charges and sewer service charges which
are now included in their ordinance 5 21.06. Under the present
MUSKEGO ordinance, said ordinance shall be interpreted so that any
new service extended to any NEW BERLIN property shall be paid at
the future user rate and not as an existing user. MUSKEGO will
include in their billing to NEW BERUN each such amount as if it would
be due under MUSKEGO ordinances as they may be in effect from
time to time.
Within 30 days of receipt of a billing to NEW BERLIN from MUSKEGO
for operation, maintenance or capital charges and/or other similar
charges being charged MUSKEGO by MILWAUKEE METROPOUTAN
SEWERAGE DISFRICT (MMSD), its successors or assigns and
attributable to the service being provided to NEW BERLIN, the same
shall be paid by NEW BERLIN to MUSKEGO.
All NEW BERUN users must abide by all MUSKEGO sewer use
ordinances as they now exist and as they may be in effect from time
to time. All NEW BERLIN users must abide by all MMSD ordinances,
rules and regulations as they now exist and as they may be in effect
from time to time.
All other provisions of the original contract which are not specifically
amended by this amendment shall remain in full force and effect and
shall apply to all areas to be serviced pursuant to this Agreement.
DATED THIS day of I 2000.
CITY OF MUSKEGO CITY OF NEW BERLIN
By: David L. De Angelis, Mayor By: James Gatzke, Mayor
By: Jean K. Marenda, Clerk By: Judy Weter, Clerk
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