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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