NOTICE OF REGULAR MEETING

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1 NOTICE OF REGULAR MEETING PLEASE TAKE NOTICE that there will be a regular meeting of the commission of the Madison Metropolitan Sewerage District at 8 a.m., on Thursday, July 26, 2018, at the Maintenance Facility Training Room at 1610 Moorland Road, Madison, Wis The commission will consider, and may take action, on the matters set forth on the attached agenda. If any matter on the agenda is to be considered in closed session of the commission, please be advised that following the closed session the commission will reconvene into open session for purposes of taking any action based on the closed session and concluding its agenda. Date: July 24, 2018 D. Michael Mucha, P.E. Chief Engineer and Director Any person who has a qualifying disability as defined by the Americans with Disabilities Act that requires the meeting or materials at the meeting to be in an accessible location or format must contact the chief engineer and director at , 1610 Moorland Road, Madison, Wis., at least 24 hours prior to the commencement of the meeting so that any necessary arrangements can be made to accommodate each request. 1. Opening A. Call to Order B. Welcome Guests C. Announcements: 2. Appearances by the Public 3. Consent Calendar A. Approval Meeting Minutes from B. Review and Approval of Sewer Extensions-Sauser Commission Agenda Report Attachment 1: Sewer Extension Vicinity Map Attachment 2: Sewer Extension Financial Summary New Construction Projects Phase 2 Bear Tree Farms, Village of Windsor Attachment 3: Phase 2 Bear Tree Farms - Resolution ( R1) & Map The Meadows at Conservancy Place Phase 1, Village of DeForest Attachment 4: The Meadows at Conservancy Place Phase 1 Resolution ( R2) & Map 1

2 Ninth Addition to Blackhawk Subdivision, City of Madison Attachment 5: Ninth Addition to Blackhawk Subdivision Resolution ( R3) & Map Westview Hills Sewer and Water Assessment District 2018, City of Madison Attachment 6: Westview Hills Sewer and Water Assessment District 2018 Resolution ( R4) & Map Bear Tree Farms Park, Village of Windsor Attachment 7: Bear Tree Farms Park Resolution ( R5) & Map 4. Approval for Order of Annexation No (Aldora Court) Sauser Commission Agenda Report Attachment 1: Record of Public Hearing on Annexation and Commission Findings and Determination Attachment 2: Resolution ( R6) Attachment 3: Annexation Order No Attachment 4: Map 5. Convene in Closed Session in in Accordance with 19.85(1)c of the Wisconsin Statutes to Consider Employment, Promotion, Compensation or Performance Evaluation Data of any Public Employee Over Which the Governmental Body has Jurisdiction or Exercise Responsibility-Commission Commission Agenda Report 6. Reconvene in Open Session 7. Discussion or Actions, if any, Relative to Items Discussed in Closed Session 8. Chief Engineer and Director s Report A. CED Update B. Operations Report-Dundee June Plant Performance Data June Plant Flow Data C. Regulatory/Legal Review D. Future Meeting Schedule Future Meeting Schedule as of Future Agenda Topics 10.Other Business by Law 11.Adjournment 2

3 Meeting of the Commissioners of the Madison Metropolitan Sewerage District Thursday July 12, a.m. MMSD Maintenance Facility Training Room, 1610 Moorland Road, Madison, WI Present: Commissioner Tom Hovel Excused Absence Commissioner Angela James - via GoToMeeting Commissioner Ken Clark Excused Absence Commissioner Sara Eskrich Commissioner James Martin Commissioner Ezra Meyer Commissioner Brad Murphy Commissioner Brian Potts Excused Absence Commissioner Tom Wilson Commission Meeting 1. Opening A. Vice President Meyer, filling in for President Hovel, called the meeting to order at 8:02 a.m. B. Welcome Guests: Dave Taylor, YaharaWINS; Kyle Frank, City of Madison Engineering; Kevin Even, Town of Westport C. Announcements: None. 2. Appearances by the Public: None. 3. Convene Public Hearing on Petitioned Boundary Annexation Aldora Court (Town of Westport) Presenter: Curt Sauser, Engineering Technician Description: The public hearing was called to order at 8:03 a.m. by Bruce Borelli. The Town of Westport has petitioned the district to annex approximately 3.03 acres, being Lots 1-3 of Certified Survey Map. No. 9505, and generally referred to as Aldora Court, to the district s service area. Discussion: Engineering Technician Curt Sauser presented and discussed the details of the annexation. Commission discussion centered around options relating to lot 1. Mr. Borelli invited Kevin Even to speak at 8:16 a.m. on behalf of the Town of Westport. Mr. Even explained that he understood district staff s position to not annex lot 1 and answered questions from other commissioners. Mr. Borelli invited anybody from the public to comment on the proposed annexation. No comments were received. 4. Close Public Hearing Mr. Borelli closed the public hearing at 8:22 a.m. 3

4 5. Action on Annexation Request to Add Lands in the Town of Westport Action: The commission recommended approving lots two and three and to include a provision in the approving resolution that states action on lot one will be deferred for a year. Commissioner Murphy moved and seconded by Commission Martin to draft an Annexation Order for Lots 2 & 3 and include the provision for lot 1 deferral in the approving resolution for final consideration at the next commission meeting. Motion carried 5-0 (Wilson abstained from the vote). 6. Consent Calendar A. Approval of Meeting Minutes from June 28, 2018 B. Approval of Cash Statement Operating Fund C. Approval of Cash Statement Capital Projects Fund D. Authorization of Property Transfer and Temporary Limited Easement at Pumping Station 1 ( R1) E Pavement Placement Project ( R2) F. Review and Approval of Sewer Extension Plans New Construction Projects Cortland Park, Village of Windsor ( R3) Juniper Ridge Phase 6, Village of McFarland ( R4) Reconstruction Projects Johnson Street Steam/Condensation renovations/uw Madison, City of Madison ( R5) Discussion: Director of Engineering Bruce Borelli requested that item E of the consent calendar be moved out of consent and addressed separately. The minutes; operating cash fund, capital projects cash fund, authorization of property transfer and temporary limited easement at Pumping Station 1 ( R1) and sewer extension plans were reviewed and placed on file. The operating cash fund account shows an available balance through operating fund check no in the amount of $320,474.68; subsequent receipts totaling $2,274,258.13; less disbursements of $2,587, with a resulting cash balance of $7, The capital projects fund cash statement shows an available balance through capital projects fund account check no in the amount of $3,193.85; subsequent receipts totaling $241,520.96; less disbursements $237, with a resulting cash balance of $7, Action: Commissioner Martin moved, seconded by Commissioner Eskrich to approve items A-F minus item E of the consent calendar. Motion carried 6-0. Consent Item E Discussion: Director of Engineering Bruce Borelli presented and recommended to the increase total project budget in the resolution ( R3) to $70,000 to avoid a future amendment to the budget. 4

5 Action: Commissioner Eskrich moved and seconded Commissioner Martin to approve the resolution as revised. Motion carried Acceptance of CIP Presenter: Todd Gebert Capital Planning Engineer Description: Mr. Gebert presented. He then asked the commission for acceptance of the draft plan for planning purposes. Discussion: Commission Martin recommended that we consider adding $302,000 to the operating budget during the budget process to keep the fund balance above $4M. No other discussion took place. Action: Commission Eskrich moved and seconded by Commissioner Murphy second to approve the acceptance of the 2019 CIP. Motion carried 5-0 (Commissioner James abstained). 8. Project Update: Pumping Station 10 Force Main Rehabilitation Presenter: Kelly Sullivan Civil Project Engineer Description: Informational presentation of the Pumping Station 10 project. Discussion: Ms. Sullivan gave an overview and the current status of the project. Action: No action necessary. 9. Approval of Second Quarter Sewer Service Bills Gebert Presenter: Capital Planning Engineer Todd Gebert Description: Approval of second quarter service charges. Service charges for each of the district s customers are calculated and invoiced on a quarterly basis to fund the district s costs for conveying and treating wastewater and require approval by the commission before invoices are sent. Discussion: Mr. Gebert provided the financial impact, analysis and options and service charge summary for the second quarter of Action: After discussion, Commissioner Wilson moved, seconded by Commissioner Martin second to approve second quarter service charges as requested by staff. Motion carried Chief Engineer and Director s Report A. CED Updates: No update. B. Capital Projects Update: Director of Engineering Bruce Borelli provided a report on the current station of Capital Improvement Projects. C. Operation Report: Operations Manager Alan Grooms gave a report on May plant performance and flow data as well as a brief update on other district happenings. 5

6 D. Regulatory Review Action: No action necessary. E. Future Meeting Schedule Action: No action necessary. 11. Future Agenda Topics Action: None. 12. Other Business by Law Action: Commissioner Martin recognized YaharaWINS for the award received at the One Water Council Convention in Minneapolis. 13. Adjournment Action: Commissioner Wilson moved, seconded by Commission Eskrich to adjourn the meeting. 9:26 a.m. Motion carried 6-0. Regular Meeting of the Commissioners July 12, 2018 Angela James, Secretary Future Meetings: Thursday, July 26, 2018 Thursday, August 16, 2018 Thursday, August 30,

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20 COMMISSION AGENDA REPORT Meeting of July 26, 2018 Review and Approval of Sanitary Sewer Extensions Lead Staff: Curt Sauser, Engineering Technician Requested Action: Adopt resolutions approving sanitary sewer extension plans. Attachments: Attachment 1: Sewer Extension Vicinity Map Attachment 2: Sewer Extension Financial Summary Attachment 3: Phase 2 Bear Tree Farms Resolution & Map ( R1) Attachment 4: The Meadows at Conservancy Place - Phase 1 Resolution & Map ( R2) Attachment 5: Ninth Addition to Blackhawk Subdivision Resolution & Map ( R3) Attachment 6: Westview Hills Assessment District Resolution & Map ( R4) Attachment 7: Bear Tree Farms Park Resolution & Map ( R5) Financial Impact: A plan review fee of $1,425 will be due for the new construction projects for external customers which propose to install new publicly owned sewers. Conveyance facility and treatment plant connection charges will also be due for the lands which can be served from the sewers being installed, as identified above. A plan review fee is not charged for reconstruction projects. Background: The district is directed under Section (b) of the Wisconsin Statutes and NR108.04(4) of the Wisconsin Administrative Code to review and approve any proposed sanitary sewerage system construction or installation projects within the Madison Metropolitan area for which Wisconsin Department of Natural Resources approval is required. It is requested that the commission adopt resolutions approving sanitary sewer extension plans that were reviewed by staff and placed on file with the district. 20

21 New Construction Projects: Phase 2 Bear Tree Farms, Village of Windsor The Meadows at Conservancy Place - Phase 1, Village of DeForest Ninth Addition to Blackhawk Subdivision, City of Madison Westview Hills Sewer and Water Assessment District 2018, City of Madison Bear Tree Farms Park, Village of Windsor Analysis and Options: Recommendation: Adopt resolutions approving the sewer extension plans. Key consideration: Plans have been reviewed by the planning department and are acceptable. Option 1: Approve sewer extensions, with modifications determined by the commission. Key consideration: The commission may choose to place conditions on the approval, as necessary. Option 2: Other options brought forward by the commission. Next Steps: Upon commission approval, plans will be forwarded to the Wisconsin DNR for final approval, prior to construction. 21

22 Attachment 1 Return to Agenda The Meadows at Conservancy Place Village of DeForest Phase 2 Bear Tree Farms Village of Windsor Bear Tree Farms Park Village of Windsor Ninth Addition to Blackhawk City of Madison Westview Hills City of Madison Vicinity Map Sewer Extensions 22 Prepared by: CAS Date: 07/26/2018

23 Attachment 2 Sewer Extension - Resolution Approvals - Year 2018 Length and Size Plan Review Fee CFCC (Conveyance Facility Charges) TPCC (Treatment Plant Charges) Sewer Plan Total Village of Windsor 50 Residential Lots 3,113' - 8" 1, , , , Sewer Plan Agenda Item Sewer Extension Community Proposed Use Meeting Apvl Date 7/26/2018 a. Phase 2 Bear Tree Farms 7/26/2018 b. The Meadows at Conservancy Place - Phase 1 Village of DeForest 24 Residential Lots and 2 Outlots 1,272' - 8" 1, , /26/2018 c. Ninth Addition to Blackhawk Subdivision 7/26/2018 d. Westview Hills Sewer & Water Assessment District City of Madison 14 Residential Lots 756' - 8" 1, , , , City of Madison 21 Residential Lots 1,713' - 8" 1, , , , /26/2018 e Bear Tree Farms Park Village of Windsor 2 Outlots 953' - 8" 1, , Charges Approved: Current Meeting $7, $141, $34, $182, Previous Total Approved (by Resolution) $27, $324, $72, $424, Current Total Approved (by Resolution) $34, $465, $106, $606, Actual vs. Budget comparison Plan Review 2018 Income: Actual Collected $34, Income: Budgeted $99, Percent of Budget 35% ICCAS_apvls.xlsx Day of the year 204 % Yr passed by 56% CFCC & TPCC $382, $1,575, % 23

24 Attachment 3 PHASE 2 BEAR TREE FARMS R1 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District ( the district ) for Phase 2 Bear Tree Farms, in the Village of Windsor, on June 28, 2018, by Michael Calkins, Snyder & Associates, and WHEREAS, the project consists of installing 3,113 feet of 8-inch sanitary sewer on Warner Farm Drive, Cubs Way, Painted Arabian Run and Golden Wheat Run, and will immediately serve Lots 14-21, and of the plat of Bear Tree Farms, and WHEREAS, the proposed sanitary sewer extension will connect to the Village of Windsor s sewerage facilities and is within the district s Northeast Interceptor/Highway 19 extension basin, and WHEREAS, plan review fees are due, and WHEREAS, conveyance facility and treatment plant connection charges for the lands to be served have not been paid, and WHEREAS, the district has received a sewer extension review letter # from the Capital Area Regional Planning Commission (CARPC) dated July 13, 2018 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan and the conditions of WDNR approval outlined in their letters of Aug. 29, 2005 and Nov. 2, 2005, as well as Resolution CARPC No , which added this area to the Northern Service Area, and WHEREAS, the chief engineer and director of the district has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Phase 2 Bear Tree Farms, in the Village of Windsor, submitted on June 28, 2018, by Michael Calkins, Snyder & Associates, be approved subject to the following conditions: 1. That the Village of Windsor shall pay the plan review fee of $1,425 to the district within 30 days of receiving an invoice for the fee. 24

25 2. That prior to connection of the proposed sewers serving said lands to the public sewerage system, the Village of Windsor shall have paid to the district the sum of $97, for payment of $81, in Northeast Interceptor/Highway 19 extension conveyance facility connection charges and $15, in treatment plant connection charges for the lands to be served; said lands being Lots 14-21, and of the plat of Bear Tree Farms. 3. That payment of the aforementioned connection charges shall be made to the district within six months of the date of approval. If payment in full is not received by the district within six months of approval, the approval shall become void and new plans shall be submitted. 4. That conveyance facility and treatment plant connection charges are adjusted from time to time, and said connection charges will be due based on the rate in place at the time which the payment is made. 5. That if said connection charges for the lands to be served remain unpaid after construction of said sewer extensions, a late fee of 0.5 percent of the amount due shall be charged to the Village of Windsor for each month or partial month thereafter following connection. A one-time $500 administrative fee shall also be charged. 6. That the Village of Windsor shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the district with as-built plans in the case of any significant deviations from the original design. 7. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the district and with the applicable State of Wisconsin plumbing and sewerage codes. 8. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. 25

26 The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the district on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 26

27 Pede rson Village of Windsor Village of DeForest Cro ssin g Bou leva rd Attachment Return to Agenda e Driv m r a F Warner Painted Arabian Run den Gol Cubs Way eat Wh Run Gandy Dancer Road *2017 Aerial Photography Legend Phase 2 Proposed Sewers 0 Existing Sewers 200 Feet Phase 2 Bear Tree Farms Village of Windsor MMSD Plan No Prepared by: AMB Date: 06/29/

28 Attachment 4 THE MEADOWS AT CONSERVANCY PLACE - PHASE R2 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District( the district ) for The Meadows at Conservancy Place - Phase 1, in the Village of DeForest, on June 28, 2018, by Grant Pokos of D Onofrio Kottke and Associates, and WHEREAS, the project will install 1,272 feet of 8-inch diameter sanitary sewer on Innovation Drive, Crystal Creek Lane, and within a public sanitary sewer easement. The proposed sewers will serve Lots and Outlots 2-3 of the unrecorded plat of The Meadows at Conservancy Place, and WHEREAS, conveyance facility and treatment plant connection charges for the lands to be served were paid with the district plan no for River s Turn Phase 1, and WHEREAS, the proposed sanitary sewer extension will connect to the Village of DeForest s sewerage facilities, and is within the district s Northeast Interceptor/Waunakee-DeForest extension basin, and WHEREAS, plan review fees are due, and WHEREAS, the district has received a sewer extension review letter # from the Capital Area Regional Planning Commission (CARPC) dated July 10, 2018 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan and is consistent with the conditions of Resolution DCRPC No. 855, which added this area to the Northern Urban Service Area. Please note that this sewer extension includes a minor change to the environmental corridors to add outlot 1 and outlot 3 for the purpose of stormwater management, and WHEREAS, the chief engineer and director of the district has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for The Meadows at Conservancy Place - Phase 1, in the Village of DeForest, submitted on June 18, 2018, by Grant Pokos of D Onofrio Kottke and Associates, be approved subject to the following conditions: 28

29 1. That the Village of Deforest shall pay the plan review fee of $1,425 to the district within 30 days of receiving an invoice for the fee. 2. That the Village of DeForest shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the district with as-built plans in the case of any significant deviations from the original design. 3. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the district and with the applicable State of Wisconsin plumbing and sewerage codes. 4. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the district on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 29

30 Attachment 4 Return to Agenda Autumn O.L ze Bla 34 ail Tr Crystal Creek Lane ation Drive 26 Innov 40 O.L Innovation Drive 39 6 Sunny Spring Way *2017 Aerial Photography Legend O.L. 1 Phase 1 Future Phase Environmental Corridor Proposed Sewers 0 Existing Sewers Feet Conservancy Place Phase 1 Village of DeForest MMSD Plan No Prepared by: CAS Date: 07/17/2018

31 Attachment 5 NINTH ADDITION TO BLACKHAWK SUBDIVISION R3 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District ( the district ) for Ninth Addition to Blackhawk Subdivision, in the City of Madison, on July 3, 2018, by Mark Moder, City Engineering Division, and WHEREAS, the project consists of installing 756 feet of 8-inch diameter sanitary sewer on Quail Drive and Sandhill Road on the City s west side, and WHEREAS, the lands which can be served are lots of the unrecorded plat of the Ninth Addition to Blackhawk Subdivision, and WHEREAS, the proposed sanitary sewer extension will connect to City of Madison s sanitary sewerage facilities, and is within the district s Nine Springs Valley Interceptor/Esser Pond extension basin, and WHEREAS, plan review fees are due, and WHEREAS, conveyance facility and treatment plant connection charges for the lands to be served have not been paid, and WHEREAS, the district has received a sewer extension review letter # from the Capital Area Regional Planning Commission (CARPC) dated July 10, 2018 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan, and is consistent with the conditions of Resolutions DCRPC No. 969, which added this area to the Central Urban Service Area, and WHEREAS, the chief engineer and director of the district has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Ninth Addition to Blackhawk Subdivision, in the City of Madison, submitted on July 3, 2018, by Mark Moder, City Engineering Division, be approved subject to the following conditions: 1. That the City of Madison shall pay the plan review fee of $1,425 to the district within 30 days of receiving an invoice for the fee. 31

32 2. That prior to connection of the proposed sewers serving said lands to the public sewerage system, the City of Madison shall have paid to the district the sum of $16, for payment of $12, in Nine Springs Valley Interceptor/Esser Pond extension conveyance facility connection charges and $4, in treatment plant connection charges; said lands being lots of the unrecorded plat of Ninth Addition to Blackhawk Subdivision. 3. That if lot areas shown on the final, recorded plat of Ninth Addition to Blackhawk Subdivision differ from the unrecorded plat submitted to the district for approval, additional conveyance facility and treatment plant connection charges may be due from the City of Madison. 4. That payment of the aforementioned connection charges shall be made to the district within six months of the date of approval. If payment in full is not received by the district within six months of approval, the approval shall become void and new plans shall be submitted. 5. That conveyance facility and treatment plant connection charges are adjusted from time to time, and said connection charges will be due based on the rate in place at the time at which the payment is made. 6. That if said connection charges for the lands to be served remain unpaid after construction of said sewer extensions, a late fee of 0.5 percent of the amount due shall be charged to the City of Madison for each month or partial month thereafter following connection. A one-time $500 administrative fee shall also be charged. 7. That the City of Madison shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the district with as-built plans in the case of any significant deviations from the original design. 8. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the district and with the applicable State of Wisconsin plumbing and sewerage codes. 32

33 9. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the district on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 33

34 Attachment 5 Blackhawk Return to Agenda City of Middleton Road City of Madison Quail Drive Sandhill Road *2017 Aerial Photography Legend Ninth Addition Proposed Sewers 0 Existing Sewers Feet Ninth Addition to Blackhawk Subdivision City of Madison MMSD Plan No Prepared by: AMB Date: 07/16/2018

35 Attachment 6 WESTVIEW HILLS SEWER AND WATER ASSESSMENT DISTRICT R4 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District ( the district ) for Westview Hills Sewer and Water Assessment District , in the City of Madison, on July 12, 2018, by Matthew Allie, City Engineering Division, and WHEREAS, the project consists of installing 1,713 feet of 8-inch diameter sanitary sewer on Prairie Hill Road, South View Road and Prairie Hill Court on the City s west side, and WHEREAS, the lands to be served are Lots 2-9 of Block 1 and Lots 1-12 of Block 2 of the plat of Westview Hills, and also lot 1 of Certified Survey Map (CSM) no , and WHEREAS, the proposed sanitary sewer extension will connect to City of Madison s sanitary sewerage facilities, and is within the district s Nine Springs Valley Interceptor/Midtown extension basin, and WHEREAS, plan review fees are due, and WHEREAS, conveyance facility and treatment plant connection charges for the lands to be served have not been paid, and WHEREAS, the district has received a sewer extension review letter # from the Capital Area Regional Planning Commission (CARPC) dated July 18, 2018 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan, and is consistent with the conditions of Resolutions DCRPC No. 836, which added this area to the Central Urban Service Area, and WHEREAS, the chief engineer and director of the district has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Westview Hills Sewer and Water Assessment District , in the City of Madison, submitted on July 12, 2018, by Matthew Allie, City Engineering Division, be approved subject to the following conditions: 1. That the City of Madison shall pay the plan review fee of $1,425 to the district within 30 days of receiving an invoice for the fee. 35

36 2. That prior to connection of the proposed sewers serving said lands to the public sewerage system, the City of Madison shall have paid to the district the sum of $61, for payment of $47, in Nine Springs Valley Interceptor/Midtown extension conveyance facility connection charges and $14, in treatment plant connection charges; said lands being Lots 2-9 of Block 1 and Lots 1-12 of Block 2 of the plat of Westview Hills, and also lot 1 of CSM no That payment of the aforementioned connection charges shall be made to the district within six months of the date of approval. If payment in full is not received by the district within six months of approval, the approval shall become void and new plans shall be submitted. 4. That conveyance facility and treatment plant connection charges are adjusted from time to time, and said connection charges will be due based on the rate in place at the time at which the payment is made. 5. That if said connection charges for the lands to be served remain unpaid after construction of said sewer extensions, a late fee of 0.5 percent of the amount due shall be charged to the City of Madison for each month or partial month thereafter following connection. A one-time $500 administrative fee shall also be charged. 6. That the City of Madison shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the district with as-built plans in the case of any significant deviations from the original design. 7. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the district and with the applicable State of Wisconsin plumbing and sewerage codes. 8. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. 36

37 The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the district on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 37

38 Attachment 6 To Cit y of Ma dis on wn of Mi dd let on Return to Agenda Rd. Prairie Hill CS M L CSM Lot ot th u So w Vie Rd. South Pleasant View Rd. 176 Prairie Hill Ct *2017 Aerial Photography Legend Previously Paid Westview Hills Phase Proposed Sewers 0 Existing Sewers Feet Westview Hills Sewer and Water Assessment District City of Madison MMSD Plan No Prepared by: AMB Date: 07/16/2018

39 Attachment 7 BEAR TREE FARMS PARK R5 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District ( the district ) for Bear Tree Farms Park, in the Village of Windsor, on July 12, 2018, by Randall Kolinske, Vierbicher Associates, and WHEREAS, the project consists of installing 953 feet of 8-inch sanitary sewer on Outlots 2 and 3 of the plat of Bear Tree Farms. The proposed sewer extension has been submitted for construction purposes only, and will not provide any service at this time, and WHEREAS, Outlots 2 and 3 of the plat of Bear Tree Farms have been dedicated to the public and are recognized by the Capital Area Regional Planning Commission (CARPC) as being within an environmental corridor. The proposed sewers will serve future park facilities on outlot 2, as well as future residential phases of Bear Tree Farms, and WHEREAS, the proposed sanitary sewer extension will connect to the Village of Windsor s sewerage facilities and is within the district s Northeast Interceptor/Highway 19 extension basin, and WHEREAS, plan review fees are due, and WHEREAS, conveyance facility and treatment plant connection charges for the future park facilities and future phases of Bear Tree Farms have not been paid, and WHEREAS, the district has received a sewer extension review letter # from the Capital Area Regional Planning Commission dated July 13, 2018 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan. However, this extension is being installed as construction only and shall not serve any new property at this time. Any service connection to this extension will require additional review to determine its consistency with the provisions of the Dane County Water Quality Plan and Land Use and Transportation Plan and Resolution CARPC No , which added this area to the Northern Service Area, and WHEREAS, the chief engineer and director of the district has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Bear Tree Farms Park, in the Village of Windsor, submitted on July 12, 2018, by Randall Kolinske, Vierbicher Associates, be approved subject to the following conditions: 39

40 1. That the Village of Windsor shall pay the plan review fee of $1,425 to the district within 30 days of receiving an invoice for the fee. 2. That outlot 3 of the plat of Bear Tree Farms is exempted from conveyance facility and treatment plant connection charges. 3. That conveyance facility and treatment plant connection charges relating to future park improvements on outlot 2 of the plat of Bear Tree Farms shall be due at such time as said outlot is approved for sanitary sewer service by the Capital Area Regional Planning Commission. 4. That the Village of Windsor shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the district with as-built plans in the case of any significant deviations from the original design. 5. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the district and with the applicable State of Wisconsin plumbing and sewerage codes. 6. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the district on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 40

41 Village of Windsor Village of DeForest Attachment 7 Return to Agenda Royal View Dr Reardon Rd Pederson Crossing Blvd Future Phases Bear Tree Farms Outlot 3 Outlot 2 Outlot 2 *2017 Aerial Photography Legend Outlots / Env. Corridor Municipal Boundary Proposed Sewers Bear Tree Pkwy Bear Tree Farms Park (Outlots 2&3) Village of Windsor MMSD Plan No Prepared by: CAS Date: 07/20/2018

42 COMMISSION AGENDA REPORT Meeting of July 26, 2018 Petitioned Boundary Annexation , Aldora Court Lead Staff: Curt Sauser, Engineering Technician Requested Action: Adopt resolution R6 which authorizes the commission president and secretary to execute Annexation Order No , which adds lots 2 and 3 of Certified Survey Map No to the district s service area. Attachments: Attachment 1: Record of Public Hearing on Annexation and Commission Findings and Determination Attachment 2: Resolution R6 & Map Attachment 3: Annexation Order No Attachment 4: Map Financial Impact: The 2018 fee for a petitioned annexation is $3,125. At 2018 rates, conveyance facility and treatment plant connection charges totaling $9, for lots 2 and 3 of CSM 9505 will be due at such time as the property owners request connection to the public sewerage system. Background: After a public hearing on July 12, 2018, the commission directed staff to prepare an order of annexation to add lots 2 and 3 of CSM 9505 to the district service area. The commission further desired flexibility to add lot 1 of CSM 9505 to the district service area, if the Waunakee Urban Service Area was amended to include the lot within one year of the date of the public hearing. Analysis and Options: Recommendation: Approve the addition of lots 2 and 3 of Certified Survey Map No to the district s sewer service area. This action was a consensus of the commission during the meeting of July 12, Key considerations: The addition of lots 2 and 3 of CSM 9505 to the district s service area would be consistent with adopted regional plans. 42

43 The annexation of the two lots would be consistent with the five criteria identified by Guidelines for Orderly and Efficient Addition of Territory to the District, which was adopted by the commission on May 11, Existing homes are present on lots 2 and 3 of CSM 9505 and the owners wish to connect to public sewer in the near term. No buildings exist on Lot 1 and there are no imminent plans for development. The Town of Westport may request that lot 1 of CSM 9505 be added to the to the district s service area without a separate petition and additional public hearing provided that the Waunakee Urban Service Area is amended to include lot 1 and said request is made to the commission within one year of the public hearing, or July 12, Option 1: Other ideas, as brought forward by the commission. Next Steps: If approved by the commission, lots 2 and 3 of CSM 9505 will become part of the district s service area boundary and will be eligible for sanitary sewer service. The Town of Westport will be responsible for payment of district connection charges prior to permitting connection to the public sanitary sewer system. 43

44 Attachment 1 BEFORE THE COMMISSIONERS OF THE MADISON METROPOLITAN SEWERAGE DISTRICT In the Matter of the Petition of the Town of Westport, Dane County, Wisconsin for the Attachment of Certain Territories in the Town of Westport to the Madison Metropolitan Sewerage District. ANNEXATION PETITION NO RECORD OF PUBLIC HEARING ON ANNEXATION AND COMMISSION FINDINGS AND DETERMINATION HEARING DATE: JULY 12, 2018 The Town of Westport, Dane County, Wisconsin ( Petitioner ) submitted a petition for annexation dated May 22, 2018 ( Petition ) to the Madison Metropolitan Sewerage District ( District or MMSD ) requesting annexation of lands to the District ( Subject Land ). Notice of the public hearing was published in the Wisconsin State Journal on June 22, 2018 and July 2, 2018 and sent by mail to all persons required to receive notice. The public hearing was held before the Commission on July 12, 2018, at 8:00 a.m. See District Exhibits #1 and #2. OPENING OF PUBLIC HEARING Director of Engineering Bruce Borelli served as the presiding officer for this portion of the Commission meeting. Mr. Borelli opened the public hearing as scheduled, and asked for appearances and presentations by the District and the Petitioner. The following appearances and presentations were made: For The District: Curtis Sauser, Engineering Technician. Mr. Sauser presented the Commission with information summarized in the attached narrative ( Sauser Narrative ) and reviewed Exhibits 1-11 (collectively, the District Exhibits ): July 2, Affidavit of Publication in the Wisconsin State Journal, published on June 25, 2018 and 2. Certificate of the administrative assistant of the District of the mailing of the notice, the notice itself, and list of all persons to whom the notice was sent as required by law, dated June 18, Petition for Annexation from the Town of Westport, received on May 29, 2018, requesting annexation of Lots 1, 2 and 3 of Certified Survey Map (CSM) No Letter from Mike Rupiper of CARPC to MMSD dated June 7, V2 44

45 5. Map of annexation petition, municipal boundaries, and urban service areas, prepared by MMSD. 6. MMSD Guidelines for Orderly and Efficient Addition of Territory to the District, adopted by the Commission on May 11, MMSD Regulations on District Connection Charges Conveyance Facility Connection Charges (CFCC) and Treatment Plant Connection Charges (TPCC), adopted by the Commission on July 27, Letter of approval from the Village of Waunakee, dated May 24, Wisconsin Statutes, Chapter Schedule of MMSD connection charges at current 2018 rates. 11. Map of annexation area prepared by MMSD, highlighting the staff recommendation that only Lots 2 and 3 of CSM 9505 be added to the MMSD service area at this time. Mr. Sauser noted that district staff is recommending that Lots 2 and 3 of CSM 9505 be added to the district s service area at this time. District staff are recommending that Lot 1 not be annexed to the district until such time as the entire lot is fully within the Waunakee Urban Service Area. For The Petitioner: Kevin Even, Engineer for the Town of Westport was present at the public hearing, spoke in favor of the annexation petition, and acknowledged that only Lots 2 and 3 of CSM 9505 have existing houses and desire connection to sanitary sewers at this time. Mr. Even further indicated that Lot 1 is only partially within the urban service area boundary, is vacant, and is not seeking immediate connection to the public sanitary sewer system. Mr. Even acknowledged the factual information presented by Mr. Sauser, agreed that the District Exhibits were accurate and should serve as the basis for the Commission s determination. Mr. Even requested that Lot 1 also be included in the annexation as he felt it may be possible to build a future home within the portion of Lot 1 that is currently in an approved service area. Also for the Petitioner, MMSD Commissioner and Town of Westport Administrator Thomas Wilson spoke on the annexation petition. Mr. Wilson stated that three CSM lots were included in the annexation petition as a common family owns all three lots. It would be efficient to add all three lots to the MMSD service area at this time, instead of making the landowner file a separate application for Lot 1 and incur additional costs as part of a future petition. Following the presentations by the District and Petitioner, Mr. Borelli asked that any persons wishing to speak come forward to present additional information or ask questions regarding the Petition. V2 45 2

46 A full opportunity was provided for all those present to testify, offer information and opinions, ask questions regarding the presentations and District Exhibits, and request action by the Commission. PUBLIC HEARING CLOSED Mr. Borelli closed the public hearing and Mr. Meyer, Commission Vice President, presided over the Commission s deliberation of the Petitioner s request for annexation. CONSIDERATION OF PETITION BY COMMISSION There was a full opportunity for the Commission to consider the Petition and the District Exhibits, and make due inquiry of the Petitioner s representatives, District staff and public. In addition to deliberation, the Commission made certain findings and reached certain conclusions of law, all as set forth below. FINDINGS The Commission made the following findings: 1. The purpose of the Petition and proposed annexation is to annex the Subject Land in the Town of Westport to the District in order to provide sewerage service to the Subject Land. 2. The Subject Land is adjacent to territory presently served by the District. 3. District staff has confirmed that the District has sufficient design capacity to serve the land proposed for annexation. 4. The Subject Land is located only partially in the Urban Service Area as designated by the Capital Area Regional Planning Commission ( CARPC ). Annexation of Lots 2 and 3 of Certified Survey Map No is consistent with adopted regional plans. Annexation of Lots 2 and 3 of Certified Survey Map No is also consistent with the Dane County Water Quality Plan as approved by the Wisconsin Department of Natural Resources ( DNR ). Annexation of Lot 1 of Certified Survey Map No is not consistent with adopted regional plans at this time. 5. Notice of the public hearing was properly published as a Class 2 notice as required by law. DETERMINATIONS OF COMMISSION The Commission made the following determinations: 1. The Commission has jurisdiction over this Petition. 2. The requirements set forth in Wis. Stat (2), (4)(b) and (c), and (3) for annexation of Lots 2 and 3 of Certified Survey Map No to the District have been met. 3. Annexation of Lots 2 and 3 of Certified Survey Map No to the District will: a. Promote sewerage management policies and operations; b. Promote the public health and welfare; V2 46 3

47 c. Effect efficiency and economy in sewerage management based upon currently accepted engineering standards regarding prevention and abatement of environmental pollution, and federal and state rules and policies in furtherance thereof; and d. Be consistent with adopted plans of municipal, regional and state agencies. 4. The annexation of Lot 1 of Certified Survey Map No does not meet the requirements set forth in Wis. Stat (4)(b) pertaining to consistency with adopted regional plans. If the Waunakee Urban Service Area is amended to include all of Lot 1 within one year of the public hearing date for this petition, the Commission shall reconsider adding Lot 1 to the District s service area without need for a separate petition or public hearing. If the entirety of said lot is not added to the Waunakee Urban Service Area within one year of the public hearing date for this petition, the Commission will only consider annexation of Lot 1 if Petitioner files a new petition to add Lot 1 to the District s service area. In that event, the Commission will hold another public hearing to consider the request. 5. The Commission has authority under Wis. Stat (3) to establish sewer service charges to cover its construction, maintenance and operating costs, and debt service charges, and also to levy a tax upon the taxable property in the District to enable it to carry out its statutory procedures; and, therefore, it is appropriate that this annexation be conditioned upon the payment of appropriate sewer service charges and tax levies, as determined by District regulations. 6. The Commission has authority under Wis. Stat (3) to subject this annexation to reasonable requirements as to participation by newly annexed areas in the costs of existing or proposed District facilities. District policy states that users in annexed areas contribute to the costs of the treatment plant and existing interceptors at the time their lands are actually served. Those costs should include the original construction costs and the costs of providing sufficient capacity to permit future users to attach to the system. 7. The original costs and the cost of providing necessary conveyance facilities should be recovered by calculating a conveyance facility connection charge ( CFCC ). The conveyance facility connection charge shall mean a connection charge associated with the conveyance facilities that convey wastewater from a basin to the District wastewater treatment plant, dividing that cost by the potential service area to obtain a rate per one thousand (1,000) square feet of area served, and adjusting that rate annually in accordance with the Sewer Construction Cost Index of the Engineering News Record or another appropriate index, all as set forth in District regulations. V2 47 4

48 8. The original costs and the cost of providing a treatment plant facility capacity should be recovered by calculating a treatment plant connection charge ( TPCC ). The treatment plant connection charge will be computed and imposed on an area basis, reflecting an allocation of the treatment plant value, all as set forth in the District regulations. 9. Approval of the Petition shall be subject to Petitioner s compliance with District policies and regulations, as applicable, and payment of applicable charges. Charges shall be calculated based on the District regulations and the rate in effect in the year that a particular area of the Subject Land is to be attached to the District s system. Payment of the associated charges shall be made in full at or before the time that the land annexed is to be attached to the District s system, as set forth in District regulations. Incorporated by Reference: Narrative of Presentation by Curtis Sauser District Exhibits presented by Curtis Sauser V2 48 5

49 Attachment 2 PETITIONED BOUNDARY ANNEXATION ALDORA COURT RESOLUTION R6 RECITALS A. An annexation request referred to as Aldora Court was submitted to the Madison Metropolitan Sewerage District (district), by Robert Anderson of the Town of Westport, on May 29, B. The Town of Westport requested that lots 1, 2 and 3 of Certified Survey Map (CSM) No be added to the boundaries of the Madison Metropolitan Sewerage District. C. A public hearing was held on July 12, 2018 to discuss the annexation of lots 1, 2 and 3 of CSM 9505 at which hearing there was a full opportunity for public comment and for the commission to consider the petition and the district exhibits, and make due inquiry of the petitioner s representatives, district staff and public. D. A letter dated June 7, 2018, from the Capital Area Regional Planning Commission to the district indicates that lot 1 of CSM No is partially within the Waunakee Urban Service Area, and that lots 2 and 3 of CSM No are entirely within the Waunakee Urban Service Area. E. Annexation of lot 1 of CSM No would not be in conformance with section (4)(b) of the Wisconsin statutes since it is not entirely within the boundaries of an approved sewer service area. F. The commission discussed the possibility that interested parties may at some point in the future seek an amendment to the Waunakee Urban Service Area so that lot 1 of CSM No is fully within the area. G. The annexation of lots 2 and 3 of CSM No is consistent with section (1)(a)(3) of the Wisconsin statutes. H. The annexation of lots 2 and 3 of CSM No is adjacent to territory presently served by the district. I. The district has sufficient design capacity to serve lots 2 and 3 of CSM No

50 J. Lots 2 and 3 of CSM No were added to the Waunakee Urban Service Area by Dane County Regional Planning Commission Resolution DCRPC No. 707, adopted on June 23, 1994, and the Wisconsin Department of Natural Resources subsequently approved this amendment to the Dane County Water Quality Plan on September 1, K. The annexation of lots 2 and 3 of CSM No will promote sewerage management policies and operations; will promote public health and welfare; will effect efficiency and economy in sewerage management based upon currently accepted engineering standards regarding prevention and abatement of environmental pollution, and federal and state rules and policies in furtherance thereof; and will be consistent with adopted plans of municipal, regional and state agencies. L. The chief engineer and director of the district has recommended the approval of the request for annexation of lots 2 and 3 of CSM No RESOLUTION NOW, THEREFORE, in consideration of the above recitals which are incorporated by reference, it is hereby resolved by the Madison Metropolitan Sewerage District Commission as follows: 1. The annexation of lots 2 and 3 of Certified Survey Map No. 9505, is approved. 2. The commission president and secretary are authorized and directed to execute the order for district Annexation No The Town of Westport shall pay the petitioned annexation fee of $3,125 to the district within 30 days of receiving an invoice for the fee. 4. Action on lot 1 of CSM No is deferred for a period of up to one year from July 12, Within that time period, the commission may approve the annexation of lot 1 of CSM No without the need for a new petition or public hearing. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held at the District on July 26, MADISON METROPOLITAN SEWERAGE DISTRICT Attested by: Thomas Hovel, President Angela James, Secretary 50

51 Attachment 3 BEFORE THE COMMISSIONERS OF THE MADISON METROPOLITAN SEWERAGE DISTRICT In the Matter of the Petition of the Town of Westport, Dane County, Wisconsin for the Attachment of Certain Territories in the Town of Westport to the Madison Metropolitan Sewerage District. ANNEXATION ORDER NO ANNEXATION PETITION NO ANNEXING LANDS IN TOWN OF WESTPORT TO MADISON METROPOLITAN SEWERAGE DISTRICT The Commission Of The Madison Metropolitan Sewerage District, Following a Public Hearing, Consideration of Information Presented to the Commission and Making Findings And Determinations as Set Forth in the Record, Which Record Is Incorporated Herein By Reference, Does Hereby Order As Follows: 1. Annexation Petition No shall be modified to include only Lots 2 and 3 of Certified Survey Map (CSM) No. 9505, and specifically exclude Lot 1 of CSM As so modified, said Annexation Petition No , is hereby approved, all as set forth herein. The Subject Land referred to in this determination, as displayed in District Exhibit #11, specifically the staff recommended lots, is described as: Lots 2 and 3 of Dane County Certified Survey Map No. 9505, more particularly described as follows: Commencing at the Southwest corner of said Section 7; thence N 89 40'26 E, feet; thence N W, feet to a point on the southerly line of said Lot 2, and the point of beginning. Thence S W, feet to the southwest corner of said Lot 2, thence N W, feet to the northwest corner of said Lot 2; thence N 89 52'27 E, feet; thence S 0 13'39 E, feet; thence S 89 46'21 W, feet; thence along the arc of a cul de sac to the left having a radius of feet and a long chord bearing N 54 35'22 W, a distance of feet; thence continuing along the arc of said cul de sac to the left having a radius of feet and a long chord bearing S 35 24'35 W, a distance of feet; thence S 0 40'46 E, 4.00 feet to the point of beginning. Said description contains approximately 2.02 acres or 87,994 square feet. 2. The Subject Land is hereby annexed to the District, subject to each and all of the following conditions: a. The Petitioner shall participate in the cost of the existing conveyance facilities and treatment plant necessary to serve the annexed lands in accordance with District Regulations (see District Exhibit #7); and b. The Petitioner shall be and is subject to the District s Sewer Use Ordinance and shall comply therewith; and V2 51

52 c. The Petitioner shall pay such sewer service charges as may, from time to time, be made by the District; and d. The Petitioner shall pay such ad valorem taxes as the District may, from time to time, assess and levy against the land annexed. MADISON METROPOLITAN SEWERAGE DISTRICT COMMISSION Attested by: Thomas Hovel, Commission President Angela James, Commission Secretary Incorporated by Reference: Narrative of Presentation by Curtis Sauser District Exhibits presented by Curtis Sauser V2 52 2

53 Attachment 4 Return to Agenda Ripp Park 2 Legend Annexation Approval (Lots 2&3) Waunakee USA Boundary MMSD Boundary 3 Village of Waunakee *2017 Aerial Photography Town of Westport 1 Map Scale Feet Aldora Court Annexation CSM 9505, Lots 2 & 3 Town of Westport MMSD Annexation No Prepared by: CAS Date: 07/17/

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