Loading...
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- . 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