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CCR1994198AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #198-94 APPROVAL OF HOLDING TANK AGREEMENT Superior Services WHEREAS, the City of Muskego has received a request from Donald Henrichs of Superior Services for permission to install a holding tank to serve their property at Emerald Park Landfill, W124 S10629 South 124 Street in the City of Muskego; and 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 submitted by the applicant; and WHEREAS, the Public Welfare Committee has recommended approval subject to receipt of a $500 bond to be held by the City. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon recommendation of the Public Welfare Committee, does hereby approve the installation of a holding tank to serve the Emerald Park Landfill property, W124 510629 South 124 Street subject to applicant posting a bond in the amount of $1,000. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the holding tank agreement in the name of the City. DATED THIS 13TH DAY OF SEPTEMBER , 1994. SPONSORED BY: PUBLIC WELFARE COMMITTEE Ald. Patrick A. Patterson Ald. Domonic D'Acquisto Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of Council of the City of Muskego. Resolution #198-94 which was amended and adopted by the Common 9/94 jmb COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #198-94 APPROVAL OF HOLDING TANK AGREEMENT Superior Services WHEREAS, the City of Henrichs of Superior Se tank to serve their at Emerald Park Landfill, W124 510629 South 124 Street i WHEREAS, it is required by Human Relations that Holding Tank; and WHEREAS, an Agreement for Permis Collection System and Holding Ta applicant; and WHEREAS, the Public subject to receipt of a $500 bond to eld by the City. NOW, THEREFORE, BE IT RESOLVED that the City of Muskeqo, upon recommendation of Committee, does hereby approve the insta ublic Welfare to serve the Emeral 124 Street subject $500. BE IT FURTHER RESOLVED that the Mayor and City the City. authorized to execute the holding tank agreemen the name of DATED THIS DAY OF SPONSORED BY: PUBLIC WELFARE COMMITTE Ald. Patrick A. Patterso Ald. Dornonic D’Acquisto Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of Council of the City of Muskeqo. Resolution #198-94 which was amended and adopted by the Common City Clerk 9/94 jmb EXHIBIT "A" AGREEMENT FOR PERMISSION FOR A TEMPORARY WASTE-WATER COLLECTION AND HOLDING TANK THIS AGREEMENT. made and entered into this 17 dnv nf ~~ ~~ ~- ~ , 19 &, by and between the City of Muskego, a ,- " 1 " dl Corporation, hereinafter called "Municipality", and A P-ic kb&, n ,\ an individual ,<a corporatlorr. or SLLP K"0 z ,%P I ,I kQ 3 , a partnership, with a mailing address of /o/b UFsr ,v,+rfosd,tL AW .,~;tc X, c ~tiES7 A\\t.3 &I 5-32Lr;l I hereinafter called the "Applicant/Owner" . - installation of (a) holding tank(s) on the following described property: We hereby acknowledge that application is being made for the SE 112 of the NE 114 h SE 114 NW 114 Sec. 36 T5N R20E W124 S10629 S. 124th Street, Muskego, WI 53150 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 sewage. We also acknowledge that said property cannot now be served by a municipal sewer, 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 Wis. Adm. Code. other type of private sewage system as permitted by Chapter ILHR 83, Therefore, as an inducement to the County of Waukesha to issue a sanitary permit for the above described premises, we hereby agree and bind ourselves as follows: 1. Applicant/Owner agrees to conform to all applicable requirements of Chapter ILHR 83, Adm. Code relating to holding tanks. If the Applicant/Owner faials to have the holding tank property serviced in response to orders issued by the Municipality to prevent or abate a may enter upon the property and service the tank or cause to have the nuisance as described in S146.13 and 146.14, Stats., the Municipality tank serviced and charge the Applicant/Owner by placing the charges on the tax bill as a special assessment for current services rendered. The charges will be assessed as prescribed by S66.60 Stats. 2. Applicant/Owner agrees to pay all charges and costs incurred by the Municipality fo'r inspection, pumping, hauling or otherwise prevent or abate any nuisance or health hazard caused by the holding servicing and maintaining the holding tank in such a manner as to tank. The Municipality~shall notify the Applicant/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 0 that all of the costs and charges may be placed on the tax roll as a 0 special assessment for the abatement of a nuisance, and the tax shall be collected as provided by Wisconsin Statute. Stats., agrees to contract with a person who is licensed under Chapter 3. The Applicant/Owner, except as provided by §146.20(3)(d), NR113, Wis. Adm. Code to have the holding tank serviced and to file a with the County. The Applicant/Owner further agrees to file a copy of copy of the contract or their registration with the Municipality and with the Municipality and the County within ten (1) business days from any changes to the service contract or a copy of a new service contract the date of change to the service contract. licensed under Chapter NR113, Wis. Adm. Code who shall submit to the Municipality and to the County a report in accord with Chapter ILHR 83.18(4)(a)2, Wis. Adm. Code for the servicing on a semiannual basis. Applicant/Owner shall submit the report to the Municipality and the In the case of registration under §146.20(3)(d), Stats., the County. 4. The Applicant/Owner agrees to contract with a person 5. This agreement will remain in effect only until the local government unit responsible for the regulation of private sewage systems certifies that the property is served by either a municipal sewer or a soil absorption system that complies with Chapter ILHR 83, Wis. Adm. Code. In addition, this agreement may be cancelled executing and manner which will permit the existence of the certification to be recording said certification with reference to this agreement in such determined by reference to the property. the heirs of the applicant/owner and assigns of the applicant/owner, and shall run with the above described property. The Applicant/Owner shall by the Register of Deeds in a manner which will permit the existence of file the agreement with the Register of Deeds, which shall be recorded holding tank is installed. the agreement to be determined by reference to the property where the 6. This agreement shall be binding upon the Applicant/Owner, 7. Applicant/Owner shall install at its expense and to the satisfaction of the Municipal Engineer and all other approval authorities having jurisdiction, a holding tank of adequate size for the collection of waste from the real property located at: W124 510629 S. 124th Street, Muskego, WI 53150 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 securing all necessary approvals and permits. 8. Applicant/Owner agrees that in consideration for the execution of this agreement, it will conform to all of the rules and regulations, ordinances, and codes of the City of Muskego, County of @ Waukesha and that State of Wisconsin in the consideration and -2- maintenance of the proposed waste water holding tank and of any future proposed waste water holding tank(s). property, legally described herein, will pay the special assessment 9. Applicant/Owner agrees, that the then owner of the real which may be made against such owners for their proper share of the cost of the connection 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 thereof. 10. Applicant/Owner agrees that it will not, at the time of as to lack of benefit by reason of the fact that they have been installation of any alternate sanitary septic system, assess any claim permitted to install a holding tank or holding tanks; and that 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. a cash bond in the sum of $ ~GG.co. hkhis bond shall guarantee the City of Muskego reimbursement for any and all expenses incurred by the City of Muskego in alleviating any nuisance which may occur as a result of the permission by this agreement JpF the applicant/owner to install a holding tank. The sum of $57J:fl0 shall be maintained at all times and if monies are expended, the applicant/owner shall replenish the cash bond and maintain the same constantly at $ availability and connection of the property involved to public sanitary . Upon the installation sewerage facilities, the sum of $ m?cO ash bond shall be returned to the applicant/owner. +F 11. The Applicant/Owner sha deposit with the Municipal Clerk, 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. The Muskego Common Council has agreed that the City of Muskego will be the responsible party to the State and further agreed to authorize the proper officials to sign an agreement with a private company engaged in and certified for the servicing of the holding tank. CITY OF MUSKEGO APPLICIWT/OWNER A Municipal Corporation BY : MAYOR BY : ‘J ATTEST : BY : CITY CLERK/CBMPTROLLER COUNTY OF WAUKESHA) ) Personally came before me this Iz-day of% ,- , -3- 19 c(cl the above named of and 0 to me known to be the and acknowledged the same. COUNTY OF WAUKESHA) ) 1 Personally came before me this - day of 1 to me known to be the person(s) who executed the foregoing instrument 19 - the above named and of 1 and acknowledged the same. NOTARY PUBLIC, STATE OF WISCONSIN 1 My Commission I This instrument was drafted by the State of Wisconsin Department of 1 Industry, Labor and Human Relations, Bureau of Plumbing and Attorney John P. Macy. MASTER:AP-HLDTK.l -4-