HomeMy WebLinkAbout17. 21-597DECEMBER 14, 2021 21-597 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE RENEWAL OF WASTEWATER TREATMENT
AGREEMENT WITH THE TOWN OF BLACK WOLF SANITARY
DISTRICT NO. 1
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh and the Town of Black Wolf Sanitary District No. 1
(District) are parties to an Agreement in Principal providing for the treatment of sewage
generated from the District; and
WHEREAS, this Agreement is in need of comprehensive review; and
WHEREAS, it is advisable to enter into a one (1) year extension of this Agreement to
allow the parties sufficient time to review the new proposed master agreement and to
review the sewer flow monitoring data conducted in 2021.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized to enter into and take those
steps necessary to enter into a one (1) year renewal of the agreement with Town of Black
Wolf District No. 1 for continued treatment of sewage generated from the District.
I:\Wastewater\Township Agreements\Ext of WW Treatment Agreement-Black Wolf SD #1
Memo_12-9-21.docx Page 1 of 2
TO: Honorable Mayor and Members of the Common Council
FROM: James Rabe, Director of Public Works
DATE: December 9, 2021
RE: Approve Renewal of Wastewater Treatment Agreement with the Town of Black
Wolf Sanitary District No. 1
BACKGROUND
In 1988, the City of Oshkosh (City) and the Town of Black Wolf Sanitary District No. 1 (District)
entered into an Agreement providing for the treatment of sewage generated from the District.
This agreement has previously been extended, and another extension is necessary. It is still most
cost effective for everyone involved to continue the agreement with the District and have
wastewater treated at the City of Oshkosh Wastewater Treatment Plant.
The terminology and methodology of the original Agreement have been unchanged since the
execution of that Agreement. The regulatory environment that we are currently in is very
different from the environment that existed when this Agreement was executed. Recently, a draft
of the new proposed master agreement has been transmitted to the Sanitary Districts for review
while the City continues to review the sewer flow monitoring data conducted in 2021. This flow
monitoring data will help the Districts and the City establish capacity information for the districts.
This new master agreement incorporates more modern terminology and practices, as well as
building on what the Districts and the City have found works well over the past several decades
of operation.
ANALYSIS
The Department of Public Works has reviewed this renewal with the City Attorney’s Office and
the Finance Department. During those review discussions, we believe that a short extension is
the best course of action to pursue at this time. Since this agreement is now over thirty (30) years
old, we believe a more thorough review of the terms and conditions, as well as the financial
responsibilities associated with the Agreement, are necessary. The regulatory climate is currently
very different than it was thirty (30) years ago, and we feel it is important to ensure the terms of
our agreements are consistent with current regulatory requirements, and are able to adapt to the
changing regulatory world we are experiencing.
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Memo_12-9-21.docx Page 2 of 2
The City is taking a careful look at all of our agreements with our neighboring township sanitary
districts, and has found that all agreements are coming up for renewal in the next couple years.
Since these agreements were all created and entered into several decades ago, prior to the City
and the towns having experience with sanitary districts, the City is in the process of completing
a comprehensive review of all the agreements. The Sanitary Districts continue to review the draft
new agreement that has been forwarded, and this extension allows time for City staff to continue
that review process with the Sanitary Districts.
FISCAL IMPACT
The Agreement provides formulas for calculating the charges from the City to the District.
Extending the Agreement will continue to utilize those formulas for charging the District.
RECOMMENDATION
I recommend extending the Agreement with the District for one (1) year, allowing staff time to
develop a new master agreement.
Approved,
Mark A. Rohloff
City Manager
JER/tlt
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EXTENSION TO INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF OSHKOSH AND THE TOWN OF BLACK WOLF
SANITARY DISTRICT #1
Extension to Intergovernmental Agreement (“Agreement”) between the Town of Black
Wolf Sanitary District #1, a town sanitary district (“District”) and the City of Oshkosh, Wisconsin,
a Wisconsin municipality (“City”).
WHEREAS the parties entered into an agreement for the treatment of sanitary sewer
discharges from the District in 1988 (Agreement), and
WHEREAS the parties desire to continue to operate under the terms of the current
Agreement while continuing to develop a new long-term agreement,
NOW, THEREFORE, the parties agree to extend the terms of the current Agreement
through December 31, 2022 to allow for the development of a new long-term agreement.
Signatures follow on next page:
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TOWN OF BLACK WOLF SANITARY DISTRICT #1
By: Date:
Chairperson
By: Date:
Secretary
CITY OF OSHKOSH
By: Date:
Mark Rohloff, City Manager
By: Date:
Pamela Ubrig, City Clerk
By: Date:
Russ Van Gompel, Finance Director
By: Date:
Lynn Lorenson, City Attorney