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CCR2000237COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #237-2000 APPROVAL OF AMENDMENT TO AGREEMENT CREATING THE LlNNlE LAC SANITARY SEWER DISTRICT BY AND BETWEEN THE CITY OF MUSKEG0 AND THE CITY OF NEW BERLIN BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby approve the attached Amendment to Agreement Creating the Linnie Lac Sanitary Sewer District by and Between the City of Muskego and the City of New Berlin. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the document in the name of the City. DATED THIS 28th DAY OF NOVEMBER 2000. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Mark A. Slocomb Ald. William Le Doux This is to certify that this is a true and accurate copy of Resolution #237-2000 which was adopted by the Common Council of the City of Muskego. 11/00jmb AMENDMENT TO AGREEMENT CREATING THE LINNIE LAC SANITARY SEWER DISTRICT BY AND BETWEEN THE ClTY OF MUSKEGO AND THE CITY OF NEW BERLIN WHEREAS, on or about September 24, 1974, the CTY OF MUSKEGO, hereinafter referred to as "MUSKEGO", and the ClTY OF NEW BERLIN, hereinafter referred to as "NEW BERLIN", entered a certain agreement whereby MUSKEGO would provide to residents of NEW BERLIN certain limited sanitary sewer services within a certain limited service area; and WHEREAS, MUSKEGO and NEW BERLIN, under certain specific circumstances, have added additional properties outside of the boundaries of the service area defined as Exhibit "A" attached to the original contract and continue to provide service to these areas outside of the original area defined on Exhibits "B", "C" and "D" attached hereto and made a part hereof; and WHEREAS, MUSKEGO, at its sole option, at the request of NEW BERUN, may wish to service certain other isolated areas in NEW BERUN; and WHEREAS, MUSKEGO receives service from the MILWAUKEE METROPOLlTAN SEWERAGE DISTRICT, hereinafter referred to as "MMSD", whereby MUSKEGO pays for the operation, maintenance and capital costs charged by MMSD; and WHEREAS, MUSKEGO is billed by MMSD for that portion of service being used by NEW BERLIN residents pursuant to this contract. NOW, THEREFORE, BE lT RESOLVED, for valuable consideration, acknowledged by each party, as follows: 1. Pursuant to this amendment, MUSKEGO, at its sole option, may provide services to additional NEW BERLIN properties outside of the area described on Exhibit "A", but only after a request for service by NEW BERUN. 2. MUSKEGO shall serve no other parcels described in Exhibit "A" other than those now being served. MUSKEGO shall continue to provide service to those currently served described on Exhibits "B", "C", and "D" and any additional properties added pursuant to Paragraph 1 of this Agreement, on the same basis as under the original Linnie Lac Agreement dated on or about September 24, 1974, except as said Agreement is amended herein. 3. On or before October 1* of each year NEW BERLIN will provide to the MUSKEGO Assessor, the Equalized Value for all of the property located in NEW BERLIN and receiving sewer service through MUSKEGO. NEW BERUN shall separately report on the Linnie Lac properties located in the MU-1 Basin and the properties along Janesville Road located in Amendment to Agreement - Linnie Lac October 6, 2000 Page 2 the MU-2 Basin. MUSKEGO will report these values along with the equalized value of MUSKEGO’S Sewer Service Area to MMSD. 4. 5. 6. 7. MUSKEGO has adopted policies concerning Reserve Capacity Assessments, connection charges and sewer service charges which are now included in their ordinance 5 21.06. Under the present MUSKEGO ordinance, said ordinance shall be interpreted so that any new service extended to any NEW BERLIN property shall be paid at the future user rate and not as an existing user. MUSKEGO will include in their billing to NEW BERUN each such amount as if it would be due under MUSKEGO ordinances as they may be in effect from time to time. Within 30 days of receipt of a billing to NEW BERLIN from MUSKEGO for operation, maintenance or capital charges and/or other similar charges being charged MUSKEGO by MILWAUKEE METROPOUTAN SEWERAGE DISFRICT (MMSD), its successors or assigns and attributable to the service being provided to NEW BERLIN, the same shall be paid by NEW BERLIN to MUSKEGO. All NEW BERUN users must abide by all MUSKEGO sewer use ordinances as they now exist and as they may be in effect from time to time. All NEW BERLIN users must abide by all MMSD ordinances, rules and regulations as they now exist and as they may be in effect from time to time. All other provisions of the original contract which are not specifically amended by this amendment shall remain in full force and effect and shall apply to all areas to be serviced pursuant to this Agreement. DATED THIS day of I 2000. CITY OF MUSKEGO CITY OF NEW BERLIN By: David L. De Angelis, Mayor By: James Gatzke, Mayor By: Jean K. Marenda, Clerk By: Judy Weter, Clerk 4 ! "- I I I n .I s 5900 S 6300 3p of go Amendment to Service Agreement K-33&100 "