CCR1974052RESOLUTION $152-74
APPROVAL OF HOLDING TANK AGREEMENT WITH
JOSEPH K. SMUKOWSKI
WHEREAS, the City of Muskego has received a request from
Joseph K. Smukowski to install a holding tank on property
located at W152 S9832 Thode Drive in the City of Muskego, and
WHEREAS, a permit from the State Board of Health is dependent
upon approval from the City of Muskego and the Waukesha County
Board of Health and further that a deposit of $1,000.00 has
been made with the city to guarantee compliance with the rules
and regulations of the State Board of Health, and
WHEREAS, the Waukesha County Health Board has approved of the
installation of said holding tank, and
WHEREAS, the Public Welfare Committee of the City of Muskego
has recommended that the Council approve of said installation
dependent upon the execution of a satisfactory agreement and
performance bond,
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby approve of the installation of a holding
tank by Mr. Joseph K. Smukowski on property located at W152
S9832 Thode Drive.
BE IT FURTHER RESOLVED that the Common Council does hereby
approve of the performance bond and agreement attached hereto
and made a part of this resolution and does authorize the
execution of said bond and agreement by the Mayor and City
Clerk.
DATED THIS 26 DAY OF 9 1974.
PUBLIC WELFARE COMMITTEE
Ald. Ron’por’d
ATTEST:
r- i City Clerk
, .'
PERFORMANCE BOND
WHEREAS, Joseph K. Smukowski has applied for a permit
to erect a structure on property known as W152 S9832 Thode Drive,
Muskego, and,
WHEREAS, said permit must be refused because of a
percolation test has determined failure of the lot to meet minimum
standards for septic tank drainage, but,
WHEREAS, the holding tank may be installed in lieu
thereof, and,
WHEREAS, the State Board of Health requires a One
Thousand ($l,OOO.OO) Dollar cash bond to be deposited with the
City to guarantee compliance with the rules and regulations of the
State Board of Health and the City of Muskego will require a bond
to guarantee compliance with its ordinance, rules and regulations,
and the City must service said tank if the owner thereof does
not,
NOW, THEREFORE, Joseph K. Smukowski is firmly held
and bound unto the City of Muskego, Wisconsin, the amount of One
Thousand ($l,OOO.OO) Dollars cash upon the following terms and
conditions:
,,, . 4: ': ). I. Owner will construct and install a holding tank in
accordance with the rules and regulations of the State Board of
Health.
septic
the ho
accorc
2. Owner shall have the tank pumped by a licensed
tank pumper with sludge and other material removed from
'lding tank and hauled to an approved place of disp osal in
I with the Wisconsin Statutes, Chapter 146, Chapter RD 13 and
Section H 62.20 of the Wisconsin Administrative Code.
3. In the event it becomes necessary for the City to
service said tank or to perform any other obligation imposed upon
the owner with regEct to the operation and maintenance of said
tank, then the expense thereof shall be pid for by the City out
of the cash bond on deposit. The City hall submit a statement of
its expenses to the owner. The owner upon receipt of said statenmt
shall thcnfurnish additional bond cash in a sum sufficientb
maintain the amount on deposit with the City in the minimum sum
of One Thousand ($l,OOO.OO) Dollars at all times.
4. When the use of said holding tank is terminated by
the owners, their successors or assigns by reason of an approved
substituted method of sewage disposal, this bond shall be cancelld,
and the amount of cash held by the City pursuant hereto shall be
returned to the owner.
Iy- IN PRESENCE OF:
e Joseph K. Smuhski
,
AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 1974, by and between the CITY OF MUSKEGO,
a Municipal Corporation, with principal offices at Muskego, hereinafter
cal led ''City", and JOSEPH K. SMUKOWSKI, Hereinafter cal led "Owner";
WHEREAS, an applhtion has been made for a building permit
on the following described property-to-wit:
Barn to be converted to a single family residence at
W152 59832 Thode Drive, City of Muskego, Waukesha
County, Wisconsin.
WHEREAS, the percolation test for septic tank drainage
does not meet the minimum standards of the ordinance of the City
of Muskego and Waukesha County,
WHEREAS, the Owner agrees to install a holding tank,
for septic tank purposes and the Owners are also aware of the
fact that sanitary sewer will be built in the future to service
the property above described and that they will be assessed for
the installation of sanitary sewer;
NOW, THEREFORE, it ..is .agreed as follows:
I. Owners agree that they will conform to all the rules
and regulations of the Plumbing Code of the City of Muskego in
the building of their Residence and septic system including the *; * holding tank. They agree *that anytime the City of Muskego through
its PI- 1nspector)dr Health Officer, deems it necessary to
.-. ., ,Id !,,- 2'
. ,. . * to the sewer system and remove the holding tank and all piping
thereto from the Dremises.
u 4. Owners agree that they will comply with all other
rules and regulations of the State Board of Health with respect
to holding tanks and with the rules andregulations of the City of
Muskego pertaining thereto. To guarantee performance thereof
owner has deposited with the City Treasurer a bond in the amount
of: One Thousand ($l,OOO.OO) Dollars cash pursuant to the terms
of a performance bond hereto annexed and made a part of: this
agreement.
5. City hereby guarantees the State Board of Health
that said holding tank will be adequately serviced during the a period of its operation.
IN WITNESS WHEREOF, the parties have set their hands
and sea I s.
JoseDh K. Smukowski
“1.
CITY OF MUSKEGO
Jerome J. Gottfried, Mayor 6-4 d
Bette J. Bowyer,@CIerk