CCR1994211AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #211-94
APPROVAL OF HOLDING TANK AGREEMENT
Treutelaar
WHEREAS, the City of Muskego has received a request from Robert
Treutelaar for permission to install a holding tank to serve
property at S94 W14554 Groveway Lane 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.
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 located at 594 W14554 Groveway Lane in
the City of Muskego.
BE 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 as this property is to be sold
shortly, both the seller and buyer shall execute said Agreement.
DATED THIS 21TH DAY OF SEPTEMBER , 1994
SPONSORED BY:
Ald. Patrick A. Patterson
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #211-94 which was adopted by the Common Council of the
9/94 jmb
EXHIBIT "A"
AGREEMENT FOR PERMISSION FOR A TEMPORARY WASTE-WATER
COLLECTION AND HOLDING TANK
THIS AGREEMENT, maae and entered into this /Le$ day of
SC=TEM6= , 19 "5% by and between the City of Muskego, a
Municipal Corporation, hereinafter called "Municipality"," and
+a4 3. 7g
or
of is300 BVJA~ v&d= a" G&Q\~E,LJ( .53\77- I
hereinafter called the'"Applicant/dwner".
-xpy%~, vkxLSC+qL Cfplz,sm;-iA-l;Fan individual, a corporation
I , a partnership, with a mailing address
We hereby acknowledge that application is being made for the
installation of (a) holding tank(s) on the following described property:
S94 W14554 Groveway Lane. - See attached for Legal Description
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,
0
sanitary permit for the above described premises, we hereby agree and
bind ourselves as follows:
Therefore, as an inducement to the County of Waukesha to issue a
1. Applicant/Owner agrees to conform to all applicable
requirements of Chapter ILHR 83, Adm. Code relating to holding tanks.
If the Applicant/Owner fails to have the holding tank property 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 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
charges will be assessed as prescribed by 566.60 Stats.
2. Applicant/Owner agrees to pay all charges and costs incurred
by the Municipality for inspection, pumping, hauling or otherwise
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 Municipalitysshall 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
special assessment for the abatement of a nuisance, and the tax shall be
collected as provided by Wisconsin Statute.
3. The Applicant/Owner, except as provided by §146.20(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 registration with the Municipality and
with the County. The 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 (1) business days from
the date of change to the service contract.
4. The Applicant/Owner agrees to contract with a person
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.
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
recording said certification with reference to this agreement in such
manner which will permit the existence of the certification to be 0 determined by reference to the property.
6. This agreement shall be binding upon the Applicant/Owner,
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
the agreement to be determined by reference to the property where the
holding tank is installed.
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: s94 ~14554 G~~~~~~~ L~.,
Xuskego, 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 0 Waukesha and that State of Wisconsin in the consideration and
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maintenance of the proposed waste water holding tank and of any future
proposed waste water holding tank(s).
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
property, legally described herein, will pay the special assessment
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.
11. The Applicant/Owner shall deposit with the Municipal Clerk,
a cash bond in the sum of $ . This 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 for the applicant/owner to install a
holding tank. The sum of $ 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 $ - . Upon the installation
availability and connection of the property involved to public sanitary
sewerage facilities, the sum of $- cash bond shall be returned to
the applicant/owner.
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
A Municipal Corporation
BY :
MAYOR
ATTEST:
BY :
CITY CLERX/COMPTROLLER
COUNTY OF WAUKESHA)
1
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19 & the above named
to me known to be the person(s) who executed the foregoing instrument
/
of
and
and acknowledged the same. /? ,I /A& 8 L/i/u72/ WARY PUBLIC, STATE OF WISCONSIN
COUNTY OF WAUKESHA)
1
Personally came before me this day of I
19 - the above named and of
and acknowledged the same.
to me known to be the person(s) who executed the foregoing instrument
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission
This instrument was drafted by the State of Wisconsin Department of
John P. Macy.
Industry, Labor and Human Relations, Bureau of Plumbing and Attorney
MASTER:AP-HLDTK. 1
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