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City of Oshkosh and Black Wolf Sanitary District No. 1 Agreement
This Oshkosh Sanitary Districts Master Agreement (“Agreement”) is made between the
City of Oshkosh, a Wisconsin Municipality with its principal offices located at 215 Church
Avenue, Oshkosh, Winnebago County, Wisconsin 54902-1130 (“City”) and Black Wolf
Sanitary District No. 1, a body politic organized and existing pursuant to Chapter 60,
Subchapter IX Town Sanitary Districts, §60.70 et. seq. Wis. Stats., with its principal offices
located at 6283 County Road R, Oshkosh, Winnebago, Wisconsin 54902 (“the District”).
Whereas, City and the District (collectively referred to herein as “the Parties”) have
previously entered into agreements for the provision of sanitary sewer and wastewater
treatment service (“Services”) by the City to the District; and
Whereas, the Parties wish to enter into an updated master agreement with common
provisions applicable to all districts served by the City of Oshkosh;
Whereas, specific provisions applicable to each individual district shall be incorporated
in addendums to each master agreement, with the terms of the master agreement
remaining uniform between the districts; and
Whereas, the City is not obligated to provide extraterritorial service to the District except
through a specific agreement for such services; and
Whereas, the City and the District entered into previous agreements for the
transportation and treatment of the District wastewater and recognize that the District is
currently dependent upon the City for service; and
Whereas, the City and District each desire to enter into this Agreement to continue their
long-term relationship; and
Whereas, in return for the City providing the Services, the District agrees that the District
will not promote competition for development or for movement or expansion of existing
commercial and industrial concerns located in the City that would be in violation of an
existing or amended Cooperative Plan/Agreement between the City and a respective
Town and/or Sanitary District; and
Whereas, the Parties intend the foregoing provisions are contractual in nature and not to
be construed as mere recitals to this Agreement.
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Now, therefore, the Parties by their duly authorized representatives, agree as follows:
I. Term of Agreement.
This Agreement shall commence for the billing period beginning October 1, 2025,
or alternatively for the next quarterly billing period following the latest date set
forth in the signature blocks below, and shall continue through December 31, 2045,
and shall continue thereafter, subject to the provisions of Article XIII.
II. Acronyms and Definitions.
A. Allocated Capacity. The flow capacity allocated to the District in
Addendum B.
Classes of Flow Capacity: Maximum Hour Flow – the greatest total
volume of wastewater during any consecutive 60-minute period expressed
in terms of gallons per hour.
Maximum Day Flow – the greatest total volume of wastewater during any
consecutive 24-hour period expressed in terms of millions of gallons per
day.
Maximum Week Flow – the greatest total volume of wastewater during any
consecutive 7-day period expressed in terms of millions of gallons per day .
Maximum Month Flow – the greatest total volume of wastewater during
any consecutive 30-day period expressed in terms of millions of gallons per
day.
Annual Average Daily Flow – the total volume of wastewater over one
calendar year divided by 365 expressed in terms of millions of gallons per
day.
B. CMAR. Compliance Maintenance Annual Report that is required by the
WPDES General Permit for City and Satellite Sewage Collection Systems.
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C. CMOM. Capacity, Management, Operation and Maintenance program
that is required by the WPDES General Permit for City and Satellite
Sewage Collection Systems.
D. Connection Point. The point at which the District’s Collection System
discharges to the City’s Collection System.
E. Collection System. The individual and combination of infrastructure
assets constructed, installed and used for the transmission of sanitary
wastewater. These assets include, but are not limited to gravity pipes,
manholes, force mains, valves, pump/lift stations with all their
components, and associated ancillary assets required to monitor, control
and evaluate flow.
F. Data Logger. An electronic device that automatically monitors and
records environmental parameters over time, allowing conditions to be
measured, documented, analyzed, and validated.
G. Designated Management Agency. An entity designated in an areawide
water quality management plan having responsibility for implementing
specific plan recommendations (“DMA”) reviewed and recommended by
East Central Wisconsin Regional Planning Commission (“ECWRPC”) and
approved by the Wisconsin Department of Natural Resources (“WDNR”).
H. District Wastewater Concentration. For purposes of calculating
wastewater charges, the following definitions shall apply: Wastewater
having organic concentrations of Biochemical Oxygen Demand (BOD5)
with an annual average of 250 milligrams per liter (mg/L), Total
Suspended Solids (TSS) with an annual average of 250 milligrams per liter
(mg/L), Phosphorous (P) with an annual average of 10 milligrams per liter
(mg/L), and Ammonia-Nitrogen (NH3-N) with an annual average of 25
milligrams per liter (mg/L).
I. EPA. United States Environmental Protection Agency.
J. Infiltration. Water that enters a Wastewater System from the ground,
including, but not limited to, such sources as defective pipes, pipe joints,
connections, or manholes.
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K. Inflow. Water that enters a Wastewater System through inappropriate
connections including, but not limited to, sump pumps, roof leaders, cellar
drains, and yard drains.
L. Rate of Return. The formula for calculating the Rate of Return is the total
annual principal and interest payments for the City’s sewer utility debt in
the test year plus an additional 10% of the annual principal and interest
payments less the City’s annual depreciation expense for the City’s
Wastewater System. The dollar amount is then divided by the net book
value of the City’s Wastewater System to arrive at a percentage Rate of
Return calculation.
M. Residential Equivalent Connection. The Residential Equivalent
Connection or “REC” is the formula for calculating the annual discharge
of an unmetered domestic residential unit. A Residential Equivalent
Connection or “REC “shall be defined as 100 gallons per person per day of
average daily flow with Category A domestic strength wastewater
concentrations as defined in the City of Oshkosh Municipal Code, Ch. 24.
A residential unit shall be defined as 3 people per unit.
N. Sewer Service Area. The area presently served or anticipated to be served
by a sewage collection system (“SSA”) as reviewed and recommended by
East Central Wisconsin Regional Planning Commission (“ECWRPC”) and
approved by the Wisconsin Department of Natural Resources (“WDNR”).
O. Technical Standards Committee. A committee made up of representatives
from the City and the Districts created to discuss matters of a technical
nature as described in Article XI.
P. Wastewater System. The combination of physical, chemical and biological
components used to collect, pump, analyze, measure and treat raw
wastewater and dispose of treated wastewater and biosolids in accordance
with Federal and State laws, regulations and permit requirements. The
Wastewater System includes, but is not limited to, the Collection System
and the Wastewater Treatment Facility.
Q. Wastewater Treatment Facility. A plant in which a combination of
physical, chemical and biological processes are used to treat wastewater
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and remove pollutants. The Wastewater Treatment Facility for the City is
currently located at 233 N. Campbell Road, Oshkosh, WI.
R. WDNR. Wisconsin Department of Natural Resources.
S. WPDES. Wisconsin Pollution Discharge Elimination System.
III. District Boundaries and Service Area.
A. Establishment of Boundaries.
The boundaries of the District are established in Addendum A, which is
incorporated into this Agreement and made a part hereof (“District
Boundaries”).
These boundaries will be modified by Amendment to reflect Sewer Service
Area (“SSA”) amendments and Designated Management Agency (“DMA”)
amendments approved by the Wisconsin Department of Natural Resources
(“WDNR”) which are within the boundaries of the District or the defined
protected town areas set forth in existing or amended Cooperative
Plans/Agreements between the City and a respective Town and/or Sanitary
District. The City agrees not to unreasonably withhold, delay, or condition
its approval of boundary modifications within the District, or defined
protected town areas as defined in a Cooperative Plan, which include
development anticipated to occur within the Allocated Capacity of the
District as defined within Addendum B to this Agreement. City disapproval
under this paragraph will be based upon a reasonable determination of the
lack of sufficient contracted capacity for flow, load, or strength, the lack of
sufficient downstream capacity in the City’s Collection System, or other
substantial engineering consideration related to a District’s proposed
construction or extension.
The boundaries will be similarly amended for annexation and attachment of
City service areas under Sections E and F below to reflect sewer service
amendments approved by the WDNR which are within the boundaries of
the City or the defined City growth areas set forth in existing or amended
Cooperative Plans/Agreements between the City and a respective Town
and/or Sanitary District. The District agrees not to unreasonably withhold,
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delay, or condition its approval of boundary modifications within the City
or City growth areas as defined in a Cooperative Plan.
B. Service Outside of the District Boundary.
The City shall provide Services to the District only within the District
Boundaries authorized by this Agreement.
Except as provided in paragraph A, the City has no obligation to provide
Services to any properties not currently located within the District
Boundaries and all rights are reserved by the City to decline to provide
Services to any properties outside of the District Boundaries as established
in Addendum A regardless of any proposed or future changes to the
boundaries of the District.
C. Connection Point(s).
The Connection Point(s) between the District’s Collection System and the
City’s Collection System are established in Addendum A. Changes in the
Connection Point(s) required for any reason, may be agreed upon by the
representatives for the Parties by written Memorandum of Understanding
and new Addendums may be attached to the Agreement indicating the
changes in Connection Points and date of change. In the case of the City
the representative shall be the Director of Public Works, and in the case of
the District the representative shall be the District President. A change in
the Connection Point(s) shall not require formal amendment of the
Agreement between the Parties.
D. District Mapping and Connections within the District.
The District shall provide to the City maps of current District facilities and
connections within the District which shall be updated annually to include
any changes to the location of facilities or connections and any additional
connections to the system. The maps shall clearly depict how each property
is metered.
The District may permit additional connections to the District’s Collection
System, subject to Section VII(H), provided that such connections are
within the District and SSA/DMA boundaries and that the District does not
exceed its Allocated Capacity described in Addendum B, which is
incorporated into this Agreement and made a part hereof. The District shall
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submit to the City’s Public Works Director annually, during the month of
December, a report showing the total current number of connections to the
District’s Collection System. The report shall contain the addresses of the
premises served by those connections, the type of land use associated with
each connection to the District’s Collection System, and clearly indicate any
new connections made to the District’s Collection System occurring during
the previous calendar year.
E. Currently Existing Atypical Sewer System Connections.
The Parties acknowledge that there are various atypical sewer connections
within both the City and various districts at the time of entry into this
Agreement. The Parties agree that the currently existing atypical sewer
connections, shall generally be treated as follows:
1. The Parties agree that those properties that are located within the
District but discharge sewage to the City’s Collection System at a
point other than a metered Connection Point may continue to
discharge sewage directly to the City’s Collection System, provided
that the District timely complies with the requirements of Article VII
pertaining to Flow Measurement.
2. Those City properties that have been annexed or attached to the City
but are still connected to the District’s Collection System shall
continue to remain connected to the District’s Collection System,
except as these areas may be brought into the City as provided in
Paragraph F below or as may be otherwise agreed upon by the
Parties. For example, in the case of parcels located within the City
currently served by the Town of Algoma Sanitary District No. 1,
service by the City may begin immediately upon execution of this
Agreement for certain of these parcels, while City service to certain
other parcels will occur no earlier than 20 years following execution
of this Agreement.
3. The quantity of flow from a user connection shall be determined in
accordance with Article VII of this Agreement pertaining to Flow
Measurement.
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F. Annexations/Attachments/Detachments.
In accordance with Section 60.79 of the Wisconsin Statutes, the annexation
of any parcel within the District detaches the parcel from the District. If at
any point an annexation or attachment causes a portion of the District’s
Collection System to be bordered by City properties on each side, then the
City may acquire the infrastructure assets of the District’s Collection System
located within the annexed area as follows:
1. If the sanitary flow through the annexed area connects directly to the
City’s Collection System without passing through any other portion
of the District’s Collection System and without passing through a
District meter, then the City shall acquire all the assets of the
District’s Collection System located within the annexed area,
including but not limited to pipes, pumps, valves, and manholes.
2. If the sanitary flow through the annexed area cannot connect directly
to the City’s Collection System without passing through any other
portions of the District’s Collection System or without passing
through a District meter, then the District shall continue to own and
maintain the infrastructure assets located in the annexed area until
the District meter is relocated and/or the Collection System is able to
directly connect to City facilities under paragraph 1 above.
3. If the sanitary flow can connect directly to the City’s Collection
System or if a majority of the patrons already receiving sewer service
within a definable area are City patrons, the City may take over
ownership and maintenance responsibilities for the portion of the
system within the defined area. At that time, the City shall acquire
and maintain all infrastructure assets of the District’s Collection
System located within the defined area including, but not limited to,
pipes, pumps, valves, and manholes.
When the City acquires a portion or all of the District’s Collection System,
the following shall apply regarding the infrastructure assets formerly
owned by the District:
1. If the assets were financed by a private developer or in any other
manner without direct cost to the District, the acquired assets shall
be transferred to the City without cost to the City.
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2. If the assets were a utility financed purchase by District through the
issuance of bonds or other debt and said indebtedness remains
unpaid, the City shall pay to the District the proportionate share of
any remaining indebtedness that is attributable to the purchase of
the assets. The City’s payment shall be made either in one sum, or
in annual installments of the amount necessary to pay the
proportionate share of the principal and interest when due. The
District shall apply the moneys received from the City strictly to the
payment of the principal and interest due.
3. If the assets were purchased by the District without incurring debt,
then the City shall pay to the District the depreciated value, if any,
of the assets as identified in the accounts of the District or as
reasonably calculated in relation to the anticipated remaining useful
life of the assets.
4. The Parties recognize that while the above parameters will generally
provide a reasonable means to calculate the value of assets, that there
may be circumstances in individual cases that require adjustment to
these calculations and the Parties agree to work together in good
faith in such cases to reasonably calculate the value of the assets to
be acquired. In the case of a dispute, the Parties agree that they may
seek the assistance of an independent outside person to assist with
the valuation of the assets or mediator. If the Parties are unable to
reach agreement, the City may take over the assets and either Party
may petition the Wisconsin Public Service Commission to seek
resolution of the matter in relation to compensation.
Should a detachment occur, the same process and analysis shall apply to
allow the District to acquire the infrastructure assets of the City’s Collection
System located within the detached area.
The Parties agree that they will execute any documents reasonably
necessary to facilitate the above transactions including easements, bills of
sale, deeds, release of easements, or similar documents.
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G. Parties’ Assets.
Notwithstanding anything to the contrary, the City continues to solely own,
operate, maintain and replace its Collection System and Wastewater
Treatment Facility, and shall solely bear the cost of any repair or
replacement for its Collection System and Wastewater Treatment Facility.
The District continues to solely own, operate, maintain and replace its
Collection System, and shall solely bear any cost of repair or replacement
for its Collection System and any related facilities.
H. District Specific Terms.
This Agreement is a standard master agreement between the City and each
of the sanitary districts it serves. The Agreement establishes foundational
terms and conditions that are applicable to all districts. The District may
have unique requirements and circumstances regarding service area, asset
ownership, or transfer, and as a result, Addendum D is hereby incorporated
into this Agreement to delineate District specific terms and conditions.
IV. Services to be Provided.
A. Wastewater Transportation.
The City shall receive wastewater generated within the District Boundaries
at Connection Points as provided for in Addendum A. The City shall be
responsible for the transportation of the wastewater from the Connection
Point(s) through the City’s Collection System to the City’s Wastewater
Treatment Facility and shall be responsible for obtaining all permits
necessary for operation, maintenance and replacement of its Collection
System. The District shall be responsible for the transportation of the
wastewater through the District’s Collection System to the Connection
Point(s) and shall be responsible for obtaining all permits necessary for
operation, maintenance and replacement of its Collection System.
B. Wastewater Treatment.
The City shall provide treatment of the wastewater from the District at the
City’s Wastewater Treatment Facility. The City shall own, operate and
maintain the Wastewater Treatment Facility and shall be responsible for
obtaining all permits necessary for operation of the Facility and complying
with all reporting requirements for the Facility.
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C. Capacity Allocation.
The City shall allocate capacity in its Collection System and its Wastewater
Treatment Facility as provided for in Addendum B, which is incorporated
into this Agreement and made a part hereof. Each District may also request
to purchase additional capacity according to the formula provided in
Addendum E. City approval under this paragraph shall not be
unreasonably withheld, conditioned, or delayed.
The District acknowledges that the capacity allocated to it in Addendum B
is calculated as determined as a percentage of the total treatment capacity
of the Wastewater Treatment Facility. If, for any reason, there are changes
to the total treatment capacity of the Wastewater Treatment Facility,
including a change in state or federal regulatory requirements, the District’s
capacity in Addendum B shall be adjusted accordingly. Specifically, the
District shall maintain their percentage allocation, but the District’s
percentage allocation shall now be applied to the new adjusted total
treatment capacity of the Wastewater Treatment Facility.
Both Parties agree that if any changes occur to the total treatment capacity
of the Wastewater Treatment Facility, the City shall provide the District
with notice of the revised capacity which shall be determined either by the
limits stated in the City’s current WPDES permit or through an engineering
study, submitted to and approved by the WDNR if required.
The District acknowledges that although its overall capacity is a percentage
of the total treatment capacity of the Wastewater Treatment Facility, the
District’s capacity may be further constrained at specific Connection Points
due to the limitations of the Collection System (including the size of the
existing pipes and infrastructure).
V. District’s Compliance with Wastewater Regulations.
A. District’s Compliance with City’s Wastewater Service Regulations.
1. Waste Characteristics.
Characteristics of waste delivered to the City’s Collection System at each
connection point must meet the requirements of Chapter 24 of the City
of Oshkosh Municipal Code.
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District wastewater strength may be calculated based on 7 days of
consecutive 24-hour flow proportional composite sampling performed
annually by a third-party laboratory. The District shall be responsible
for paying for the annual testing.
Alternatively, at the option of either Party, the District wastewater
strength may also be calculated by taking an annual rolling average,
which will be calculated based on 7 days of consecutive 24-hour flow
proportional composite sampling performed quarterly by a third-party
laboratory. Results of the testing will be aggregated with the data
collected quarterly over the past twelve months, to calculate an annual
average. This annual average will be used to determine District
wastewater strength in relation to the definition of Category A set forth
in this Agreement. In the event a District desires to use an annual rolling
average to calculate wastewater strength, the District shall be
responsible for paying for the quarterly testing. In the event the City
desires to use an annual rolling average to calculate wastewater
strength, the District and City shall equally be responsible for paying for
the quarterly testing.
2. Applicability of City Ordinance and Administrative Rules
The City’s provision of Services is subject to the District’s compliance
with and enforcement of all applicable City ordinances and
administrative rules pertaining to protection of the City’s Wastewater
System and the prevention of cross connections with any other utility
systems. All discharges from the District’s Collection System into the
City’s Wastewater System shall be subject to Chapter 24 of the City of
Oshkosh Municipal Code and the District’s Board of Commissioners
shall adopt and enforce regulations regarding the use of the District’s
Collection System that includes the same language as Sections 24-4, 24-
5, 24-6, 24-6.1 through 24-6.4, 24-6.6 and 24-6.7 of the City of Oshkosh
Municipal Code, except (1) replacing the word “City” or words “City of
Oshkosh” with the name of the Sanitary District, except in the case
where the sentence refers to the City’s Wastewater Treatment Plant
(Facility) or the City’s Industrial Wastewater Discharge Handbook; (2)
replacing the terms “Control Authority” and “Authority” with the term
“District’s Board of Commissioners;” and, (3) replacing the term “Utility
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Operations Manager” with the term “District’s President”. The City
reserves its legislative right to amend its ordinances and regulations as
it deems prudent or necessary.
Unless expressly required by state or federal laws or regulations, or
conditions of the City’s WPDES permit, if an amendment to the City’s
ordinances would conflict with the terms and conditions of this
Agreement the City cannot unilaterally amend its ordinances or
administrative rules without first submitting the proposed amendment
to the Technical Standards Committee (‘TSC”) for its review and
recommendation. However, if the City notifies the TSC of an
amendment and the TSC does not provide its recommendation within
30 days of the City’s notification, the City may take action without the
TSC’s recommendation.
The City agrees that it will not amend its ordinances with the effect of
invalidating this Agreement, or unjustly targeting the District. Any
amendment to the City’s ordinances are to be made in good-faith with
the objective of achieving equitable and comprehensive system-wide
regulation.
B. Sanitary District Ordinance Applying City Ordinance
The District must provide by ordinance that the City’s sewer use ordinance
as amended from time to time applies within their jurisdictions, including
that all customers within their jurisdictions who require pretreatment of
sewage are subject to the provisions of the City’s sewer use ordinance
relating to pretreatment.
The District shall periodically, and specifically upon request of the City,
sample and provide all sampling and test results for all customers within
its jurisdiction who are or may be subject to the provisions of the City’s
sewer use ordinance relating to pretreatment or as necessary to comply
with the District’s or City’s WPDES permit(s). The District shall work with
the City to sample and test within their District’s own system as discussed
in Article VI of this Agreement, to assure compliance with the pretreatment
requirements.
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Notwithstanding the above, this paragraph shall not limit the Parties’
rights or responsibilities for testing under state and federal law.
C. District’s Compliance with State and Federal Regulation.
The District shall comply with all State of Wisconsin and Federal laws,
regulations and orders concerning wastewater systems. Specifically, the
District shall comply with the State of Wisconsin’s General Permit under
the WPDES for Satellite Sewage Collection Systems (WI-0047341-06-0 or as
may be updated from time to time). The District shall provide the City a
copy of the District’s Capacity, Management, Operation and Agreement
(CMOM) and the most recent Compliance Maintenance Annual Report
(CMAR) within 30 days of the effective date of this Agreement, and any
updates to the CMOM and CMAR within 30 days after they are completed.
The District shall also provide the City with any notices of violation,
administrative orders, consent orders, consent decrees or any written
enforcement action taken by the WDNR or the EPA within 10 business days
of receipt by the District. Notwithstanding the preceding, the submission
of a District’s CMOM or CMAR does not grant the City any right to
unilaterally amend a CMOM or a CMAR. District security plans will be
redacted if they are included as part of a District’s CMOM or CMAR.
VI. Sampling of and Access to District Wastewater.
A. Sampling of District Wastewater.
The City shall cause periodic sampling and analyses to be conducted, at
least annually, of District wastewater. Initial samples will be collected at
the connection points. Samples will be collected and analyzed in the same
manner that samples are collected and analyzed for the City’s industrial
user program. Reports generated from the sampling and analysis shall be
provided by the City to the District in a timely manner. If a sample shows
high strength waste, or any other condition present in violation of Chapter
24 of the City of Oshkosh Municipal Code, the Parties shall work together
to have additional testing completed which may be at points other than the
connection point. The District shall pay the City for the sampling and
analysis at the same cost and rate as the City’s industrial user program.
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B. Inspection of District’s Collection System.
The District shall conduct periodic inspections of its Collection System to
ensure that users of the Collection System are in compliance with all
applicable regulations and take appropriate action to correct or cause the
correction of any deficiencies in the District’s Collection System. In
addition, the District agrees to allow the City, upon a minimum of 14
calendar days’ notice, to inspect the District’s Collection System and review
any written or electronic records relating to the physical and video
inspection of the collection system, and condition assessments of the
District’s wastewater pump stations. The District agrees to provide access
to the District’s Collection System and records along with a District
employee to facilitate the City’s inspection and review.
Inspections of the District’s Collection System by the City will focus on
ensuring operational efficiency and safeguarding public health. The City
will only request inspection when a compelling need is identified, such as
abnormal/excessive flow, deleterious material in flow (i.e. gravel), or other
evidence of system failure. In those instances, the City will promptly
inform the District of the identified issues and work collaboratively with
the District to resolve them.
C. Excessive Loads.
The District agrees that it will make reasonable efforts to control the
collection of wastewater containing any unusual or unusually concentrated
presence of deleterious materials and substances or materials and
substances that are now, or may in the future be, regulated under Chapter
24 of the City of Oshkosh Municipal Code, the terms of the WPDES permit
for the City’s Wastewater System, or EPA regulations. To the extent that
such wastes are collected by the District, the District shall either provide
pretreatment to remove such materials prior to introduction into the City’s
Wastewater System or shall pay the City in accordance with Article VII.
D. Inflow and Infiltration.
The District agrees that it will make reasonable efforts consistent with best
practices in the wastewater sector to limit Inflow and Infiltration into the
District’s Collection System and to take action, which is within its authority,
to ensure that Inflow and Infiltration will not enter the District’s Collection
System. To the extent that the District does not limit Inflow and Infiltration
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and the District exceeds its Allocated Capacity, the provisions of Article VII
shall apply.
VII. Rates and Fees / Billing.
A. Rates and Fees.
The District shall pay to the City wastewater charges as determined by the
Common Council, which may include a meter charge, fixed charge, volume
charge or such other fees and charges as may be determined by the
Common Council. It is the intent of this Agreement that the City shall be
fully compensated for the provision of Services to the District. The City
shall provide the District with a copy of the analysis at least 30 calendar
days prior to consideration by the Common Council to allow the District to
review and comment upon the proposed rates.
The rate study will be updated each year by entering the previous year’s
actual expenses, flows and loadings, and fixed asset values, along with
calculating of the rate of return according to the defined formula.
The rate study shall be based on the loading levels of the District
Wastewater Concentration, as defined in this Agreement. The rate study
shall calculate a rate, per pound, for treatment of BOD5, TSS, P, and NH3-
N exceeding the District Wastewater Concentration levels.
If the District exceeds the District Wastewater Concentration at any
connection point, the District shall be charged for that additional
exceedance per pound. In calculating the exceedance charge, the District
shall receive a credit for any payment the City receives directly from any
non-domestic sewage customers participating in the pretreatment
program as further detailed below.
The City reserves its legislative discretion to modify its own rate structure
in the future. Rates will be established through a regular review of the cost
of service analysis performed in accordance with industry practices.
Generally, rates shall be calculated using a utility-based method with a
current Rate of Return. The current rate structure is set forth in Addendum
C. New rates shall automatically be included within this Agreement upon
approval of the Council and notification to the District.
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The District may seek review by the Public Service Commission of
Wisconsin (“PSC”) under Wis. Stat. § 66.0821(5) for a determination of
whether the rates, rules and practices are unreasonable or unjustly
discriminatory. The District may only challenge the City’s rates, rules and
practices before the PSC if the Agreement is silent on such rates, rules and
practices.
If at any time the District has a non-domestic sewage customer (a customer
who is or may be subject to the provisions of the City’s sewer use ordinance
relating to pretreatment or as necessary to comply with the District’s or
City’s WPDES permits) within its boundaries, the District agrees that the
District shall pay a charge per pound over the pollutant concentrations
specified in Chapter 24 of the City of Oshkosh Municipal Code on the
wastewater discharged from the non-domestic sewage customer into the
District’s collection system. The charge shall be the same as the charge
assessed to the non-domestic sewage customers within the City.
The charge shall be invoiced to the District directly, unless the District
requests the City invoice the non-domestic sewage customer directly. In
the event of direct billing to the non-domestic sewage customer, the District
shall be responsible for any charges that are unpaid by the non-domestic
sewage customer.
Nothing in this provision waives, alters, or otherwise modifies the
requirement that the District wastewater flow shall not contain pollutant
concentrations exceeding those specified in Chapter 24 of the City of
Oshkosh Municipal Code at the Connection Point between the District and
the City. In that event, the provisions of Section VII(I) shall apply.
B. Billing and Flow Measurement.
The City shall bill the District for Services based on the quantity of flow
entering the City’s Collection System at the Connection Point. If there is
more than one Connection Point, the quantity of flow shall be the sum of
quantity of flows from all Connection Points.
The quantity of flow for the District shall be determined by the City from
the following sources, which are listed in the order of priority/use for billing
purposes:
1. Wastewater Flow Meters/Integrated Telemetry System
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2. Wastewater Flow Meters/Data Loggers
3. Temporary Wastewater Flow Meters
4. Residential Equivalent Connection
5. Water Flow Meters
If it is determined that any meter is inaccurate or inoperable, the City shall
estimate the quantity of flow using a method designed to reasonably
calculate the flow for the period including but not limited to extrapolation
from temporary flow meters, an average of the previous 6-months of flow
for which the meter was deemed to accurately measure flow, or average of
other similar user’s flow. For further information regarding the installation
and maintenance requirements of the above meters, see Article VII.C-E.
In the event there is residential wastewater flow entering the City’s or a
District’s Collection System at a Connection Point that is not metered by a
wastewater flow meter, that unmetered flow shall be estimated by taking
the flow per the Residential Equivalent Connection and multiplying it by
the number of unmetered units flowing through the Connection Point. For
non-residential flow that is unmetered, the Parties shall meet and agree
upon a metering system that shall be installed, including wastewater flow
meters or water flow meters, as appropriate.
C. Wastewater Flow Meters/Integrated Telemetry System
In order to provide more effective flow data for future analysis and
planning of system improvements, the District agrees to install flow meters
integrated with telemetry systems capable of real-time data transmission to
the City at all wastewater flow metering sites as defined below.
The District shall maintain, repair and replace the wastewater flow meters
and the telemetry systems at all Connection Points where wastewater flow
meters are currently installed and shall install wastewater flow meters
integrated with telemetry systems at any future proposed Connection
Points unless the Parties representatives under Article III-C. agree that
installation is impractical, cost prohibitive, or otherwise unnecessary. The
City shall review and approve of all proposed wastewater flow meters and
telemetry systems.
The District shall be responsible for all costs associated with the wastewater
flow meters and telemetry systems, their installation, operation, readings,
and maintenance. All existing wastewater flow meters shall have the
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integrated telemetry systems installed within two years of the date of this
Agreement.
The District shall cause all wastewater flow meters within the District to be
calibrated by the meter’s manufacturer, the manufacturer’s authorized
representative or other company approved by the City within 90 calendar
days of the date of this Agreement, and annually thereafter. A certificate of
calibration shall be sent to the City within 14 calendar days of the meter’s
calibration. Any meter which cannot be calibrated within the
manufacturer’s specified tolerances shall be repaired or replaced by the
District within 90 calendar days of the District receiving notice of the
inability to calibrate the meter. Repaired meters, replaced meters, and any
additional new meters installed by the District or its contractors, shall be
subject to written approval by the City’s Director of Public Works. The
District shall submit specifications for the replacement and/or new meters,
along with plans for installation for the Director of Public Work’s approval.
In the event a District has or installs a flow meter, but the Parties’
representatives under Article III-C. agree that installation of the integrated
telemetry system specifically would be impractical, the District may install
a Data Logger instead. The City shall provide the District with the specific
Data Logger the District shall install and the District shall be responsible for
all costs associated with the Data Logger, including its installation,
readings, and maintenance.
D. Temporary Wastewater Flow Meters.
Either Party may, during the term of this Agreement, install temporary
wastewater flow meters and data loggers within the Collection System to
verify flow data or obtain additional information relative to waste
characteristics or flow entering a Party’s system from the other Party’s
system. Temporary installations shall generally be installed at or near
Connection Points, as necessary to verify or replace equipment that may be
malfunctioning, or in connection sampling and analysis under Article VI.
above
Unless otherwise agreed in writing by the Parties, whichever Party is
initiating the temporary installation shall be responsible for the installation,
readings, and maintenance of the temporary installation. Each Party shall
cooperate with and upon request, shall provide to the other Party any
necessary authorizations and permits for temporary installations within
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each Party’s respective facilities. The Parties shall promptly share any data
or testing results obtained from temporary installations.
E. Non-Residential Water Flow Meters.
In the event a water meter is installed on the water source of a non-
residential property in the District that does not pass through a wastewater
meter for billing purposes, this section shall apply.
For sewer flow to be billed by a water meter read, the District and the City
shall provide water meter readings to the other Party by the close of
business on the 10th day of the following month for billing on a monthly or
quarterly basis as may be mutually agreed upon between the City and the
District. For purposes of this paragraph the City’s Finance Director and the
District President or their authorized representative are authorized to agree
to changes in the timing of billing which agreement shall be reduced to
writing and attached to Addendum A to this Agreement.
The District shall be responsible for all costs associated with the water
meters, their installation, readings, and maintenance. The City will not
install, inspect, test or participate in the installation, reading or maintenance
of water meters without a separate agreement to provide payment for such
services.
The District shall cause all water meters within the District to be calibrated
or tested by the meter’s manufacturer, the manufacturer’s authorized
representative or other company approved by the City at least once every
10 years or replaced every 20 years per a schedule approved by the
Wisconsin Public Service Commission (WPSC). Further, within 90 days of
the date of this Agreement, the District shall ensure that all existing District
water meters are compliant with the terms of this agreement.
Any meter which cannot be calibrated within the manufacturer’s specified
tolerances shall be repaired or replaced by the District within 90 calendar
days of the District receiving notice of the inability to calibrate the meter.
Repaired meters, replaced meters, and any additional new meters installed
by the District or its contractors, shall be subject to the requirements and
standards of the WPSC. The Districts shall annually submit documentation
relating to the calibration and/or replacement of water meters, along with
the engineering design plans for the installation of any new infrastructure,
which shall be provided within 14 days.
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F. Adjustments to Flow for District’s Service of City Parcels.
The Parties acknowledge that due to past annexations and other events, the
District may currently provide sanitary sewer and/or wastewater treatment
service to parcels that are located within the City. Until such time as these
parcels are serviced directly by the City as provided in Article III, the
District shall continue to provide sanitary sewer service to the City parcels
In the event that flow from City properties is combined with District flow
prior to being measured by a wastewater flow meter, the flow attributable
to the City properties, as measured by REC for residential properties, or
water meter readings or otherwise by separate agreement of the Parties for
non-residential properties, shall be deducted from the District’s total flow
to obtain a billable flow for the District. Each Party agrees to serve all
customers in its territory in the same manner. Billing shall be as provided
in Article VII or as may be separately agreed by the Parties and
incorporated into Addendum D.
G. Time of Billing and Payment of Invoices.
The City shall issue bills quarterly to the District for the Services being
provided pursuant to this Agreement. The District shall pay the City
directly within 45 days of the date of the invoice. Late payments are subject
to the then-existing late payment charges imposed by the City on other
wastewater customers. The District shall be responsible to directly invoice
its customers for wastewater services, and the District bears the risk of
collection from any District customer. Failure of or delay by any District
customer to pay the District shall not relieve the District of its obligation to
pay City for the Services.
H. Remedies for Exceeding Allocated Capacity
The District, in Addendum B, has been allocated flow capacities. The
Parties agree to the following tiered system to progressively enforce
compliance with allocated capacity and encourage proactive planning.
1. 80% of Allocated Capacity. Whenever the District has actually
utilized 80% or more of any class of flow capacity allocation under
this Agreement, the City shall promptly notify the District in writing.
At such time, the District shall have the option of engaging with the
City in a joint planning project, at the cost of the District, to
determine whether and under what circumstances there is any
reasonable possibility that the Wastewater discharged by the District
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will exceed the District’s flow capacity allocation, and if so what
actions can reasonably be taken by the District to eliminate any such
reasonable possibility. The principal burden of formulating the plan
shall be on the District, but the City shall fully cooperate with and
assist in the formulation of the plan. In the event that the District and
City agree upon a plan which will eliminate any such reasonable
possibility of exceeding the District’s allocated flow capacity (e.g. the
elimination of excess Infiltration and Inflow, or the construction of
an appropriately-sized equalization basin, or construction of an
interceptor, or the purchase of additional allocated flow capacity),
and the District satisfactorily implements such plan, the City shall
waive any restrictions imposed under the following subsections
unless and until the metered discharge data subsequently
demonstrates that the plan is not working as anticipated or that there
are unanticipated problems.
2. 90% of Allocated Capacity. Whenever the District has actually
utilized 90% or more of any class of flow capacity allocation under
this Agreement the City shall promptly notify the District in writing.
From and after that time, additional Sewer Extensions tributary to
the particular facility in which the District has the flow capacity
allocation in question shall not be permitted until such time as the
District has satisfactorily demonstrated to the City that full use of
any proposed Sewer Extension will not exceed the District’s
allocated flow capacity. Upon reasonable written notice, at any time
after the District has discharged Wastewater to the Sewer Service
Facilities at a level at or above 90% of such District’s allocated flow
capacity, the District shall survey or test its Collection Facilities for
excess Infiltration and Inflow, and the District shall submit its
findings and a plan to address excess flow or any noted deficiencies
in the District systems to the City for approval, which shall be
granted unless there is a valid engineering rationale otherwise.
Upon failure of the District to provide the testing results and a plan
to address excess flow, or receive approval of the same from the City,
the City may provide notice to the District of the City’s intention to
survey or test the collection facilities of the District for excess
Infiltration and Inflow or other issues and the District shall grant
access to the City to complete such review and testing. The District
shall pay the City the cost of any such survey or testing within 60
days of written notice of such cost.
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3. 95% of Allocated Capacity. Whenever the District has actually
utilized 95% or more of any class of flow capacity allocation under
this Agreement (or of any associated flow limitation set out in this
Agreement or in any associated exhibit), the City shall promptly
notify the discharging the District in writing. From and after that
time, no additional Sewer Extensions tributary to the facility in
which the District has the flow capacity allocation in question shall
be permitted by the City and no additional customer connections
tributary to the particular facility in which the District has the flow
capacity allocation in question shall be permitted by the District,
until such time as the District has satisfactorily demonstrated to the
City that full use of any proposed customer connection or Sewer
Extension will not exceed the District’s allocated flow capacity,
including without limitation consideration of future connections of
sewered properties that are currently vacant or underutilized. The
City shall expeditiously consider any proposed demonstration by a
Party that additional customer connections will not exceed the
District’s allocated flow capacity allocation.
4. Exceeding Allocated Capacity. Whenever the District has actually
exceeded flow capacity allocation under this Agreement, the City
shall notify the District in writing. From and after that time, no
additional Sewer Extensions or customer connections tributary to
the particular facility in which the District has the flow capacity
allocation in question shall be allowed under any circumstances until
such time as (1) modifications have been made to the District’s
sewerage system and/or operations, and the results of such
modifications have been in effect for a reasonable period of time to
demonstrate satisfactorily that any reasonable possibility of
exceeding the District’s flow capacity allocation in the future has
been eliminated, or (2) until such time as the District has acquired
sufficient additional allocated flow capacity to accomplish the same
result.
Notwithstanding the tiered structure above, in the event a District’s
exceedance of its allocated flow capacity results in damage to, impairment
of, or interference with the City’s Wastewater System, the District shall be
liable to the City for any expense, loss, or damage occasioned by reason of
such exceedance which the City suffers as a result thereof. The City may
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charge the District its proportionate share for any fine, penalty, or forfeiture
incurred by the City, and may also charge the District for any cost incurred
by the City (including, without limitation, for employees, equipment, or
materials) as a result of such excessive discharge. For any costs claimed,
the City shall provide an itemized invoice to the District and will provide
information identifying that flow from the District(s) caused or contributed
to said damage and/or penalty. The amounts recoverable by the City, if
any, are net of grants, reimbursements or insurance proceeds actually
recovered by the City.
The proportion of costs allocated to charges for exceeding flow is the share
of costs that could be allocated to any District for damages that occur due
to a District or the City exceeding its Allocated Capacity when the damage
occurred and contributed to causing the damage. This cost would only
apply to a District that was exceeding its Allocated Capacity when the
damage occurred. The portion of cost allocated to each Party corresponds
to each Party’s proportion of the total volume of wastewater flow entering
the wastewater facility(ies) sustaining the damage at the time the damage
occurred.
I. Charges for Exceeding Pollutant Loadings.
The District wastewater flow shall not contain pollutant concentrations
exceeding those specified in Chapter 24 of the City of Oshkosh Municipal
Code. If the District’s wastewater flow exceeds the pollutant concentration
specified in Chapter 24 of the City of Oshkosh Municipal Code, WPDES
regulations, or EPA regulations, the District shall be charged the resulting
cost increase for the City to provide necessary treatment or other measures
to remove the materials or substances or reduce concentrations to prevent
damage to the City’s Wastewater System and maintain pollutant limits in
compliance with the City’s WPDES permit. The District acknowledges and
agrees that the City may assess against the District the civil penalties as
provided in Chapter 24 of the City of Oshkosh’s Municipal Code for
violation of that chapter where the District’s wastewater flow exceeds the
stated pollutant concentrations. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during the
period of the violation. In addition to these civil penalties, the District shall
be liable to the City for any expense, loss, or damage occasioned by reason
of the District’s wastewater flow which exceeds the pollutant
concentrations specified in Chapter 24 of the City of Oshkosh Municipal
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Code, including, without limitation, any fines to which the City may be
subject as a result for violation of its WPDES permit.
VIII. Records.
Each Party shall keep accurate books, records, and accounts of rate calculations
and cases, fees, costs, disbursements, utilities maps, plans and as built
drawings, inspections, state reports, and all other matters affecting the
substance of this Agreement. Upon reasonable notice, any Party or its agent
shall be entitled to examine and inspect the books, records and reports of any
other Party for the purpose of verifying charges or credits; verifying
inspections and condition of facilities or otherwise exercising or protecting any
rights or responsibilities under this Agreement in relation to that Party’s utility
system; except that access to private third-party utility accounts shall be limited
to non-identified information without a showing of necessity by the requesting
Party or order of a court of competent jurisdiction.
IX. Audits.
A. Cooperation.
The Parties agree to cooperate in connection with any internal or
governmental investigation or administrative, regulatory, or judicial
proceeding (or governmental audit, with respect to matters relating to this
Agreement). Such cooperation may include, but shall not be limited to,
responding to requests for documents and/or other records, and making
employees available to the other Party (or their respective insurers,
attorneys or auditors) upon reasonable notice for: (i) interviews, factual
investigations, depositions, and providing declarations or affidavits that
provide truthful information in connection with any litigation or audit; (ii)
appearing at the request of the other Party to give testimony without
requiring service of a subpoena or other legal process; (iii) volunteering all
pertinent information related to any litigation or audit; and (iv) providing
information and legal representations to auditors in a form and within a
timeframe requested.
B. Expenses.
The Party requesting cooperation shall reimburse the other Party for
reasonable direct expenses incurred in connection with providing
documents and records required under this paragraph and may require
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such expenses to be documented by receipts or other appropriate
documentation. Reasonable direct expenses include costs such as copying,
postage and similar costs and witness fees; but do not include wages,
salaries, benefits, and other employee compensation.
C. Third-Party Proceedings.
Notwithstanding the above, in the case of a third-party proceeding in which
the Parties are both named as defendants the Parties may or may not elect
to enter into a mutually acceptable joint defense agreement.
X. Default.
In the event that one Party commits a material breach of its obligations under
this agreement, the other Party shall provide written Notice of Default to the
Party which is deemed to have committed the material breach. The Notice of
Default shall specify the Article(s) and Paragraph(s) of this Agreement that is
alleged to have been breached, and an explanation of the breach. Unless
emergency conditions exist, the Party receiving the Notice shall have 90
calendar days to cure the breach after receipt of the Notice. If the material
breach is not cured within 90 calendar days, the Parties agree that Dispute
Resolution under Article XII shall be initiated. If a breach is not capable of
being cured within 90 days for causes or reasons beyond the breaching Party’s
control, the Party may remain in breach for an additional 90 days so long as it
has commenced and is taking reasonable actions to cure such breach as
promptly as practicable.
XI. Technical Standards Committee.
A. Creation of TSC.
The Parties acknowledge the value of ongoing communications for the
purpose of consistently exchanging information about the Wastewater
System, the Wastewater Treatment Facility, and the Collection System, as
well as the administration of this Agreement (together, the “System”).
Therefore, the Parties do hereby establish a committee identified as the
Technical Standard Committee (“TSC”). The purpose of the TSC is to
facilitate the exchange of information, and (a) to exchange reports and
updates regarding the System; (b) to report on System improvements that
are anticipated, in progress, or completed; (c) to report on Wisconsin DNR-
required facilities plans or Regional Service Area Plan amendments that are
anticipated, in progress, or completed; (d) to report on inflow/infiltration
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and clearwater issues; (e) to exchange and analyze data from water flow
meters/dataloggers, sampling, and other operating sources ; (f) discuss
reasonable protocols and access to collection systems for inspection,
maintenance, testing or other matters; (g) to preview proposed System
rates, fees, and billing budgets and initiatives ; (h) to facilitate dispute
resolution before invoking the formal dispute resolution options set forth
Article XII and (i) to establish and to maintain procedures and protocols for
compliance with this Agreement. The Parties further acknowledge that to
accomplish the preceding purposes it will be necessary to freely and
consistently exchange information in a spirit of cooperation and
transparency.
B. Composition of the TSC.
The TSC will consist of engineering or technical representatives from the
City and each District.
C. TSC Meetings.
The TSC will meet as needed, but at least twice per year. The City’s Director
of Public Works, or his or her designee, will prepare and circulate the
meeting agenda based on the items submitted by any Party. Except as
required by law, the Parties do not contemplate their sessions to constitute
a “meeting” under the Chapter 19 of the Wisconsin Statutes.
XII. Dispute Resolution.
A. Pre-formal Action.
Prior to the initiation of any formal action between the Parties, including
but not limited to litigation, the Parties agree to meet and confer with regard
to any disputes under this Agreement. This requirement may be initiated
by either Party by written request delivered to the other Party as provided
in Article XXIII. The Parties shall meet and confer within 30 calendar days
of the Party receiving the request from the initiating Party.
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B. Mediation/Arbitration.
As a condition precedent to the initiation of litigation the Parties shall
engage in formal mediation conducted by a mutually-selected mediator
experienced in the topic at issue. The costs of the mediator shall be shared
equally. If the Parties are unable to agree on the mediator, the selection shall
be made from a panel list submitted by the State of Wisconsin Department
of Administration – Municipal Boundary Review by a process of alternate
striking from the panel list.
C. Formal Action.
In the event the Parties are unable to resolve their dispute, either Party may
file an action with a court of competent jurisdiction.
XIII. Reopeners, Amendments and Extensions of the Agreement
A. Amendments/ Reopening of the Agreement.
The Parties recognize that wastewater collection and treatment are a highly
regulated industry and that capacity and legal requirements may change
over the term of the Agreement potentially necessitating reopening of the
Agreement. During the term of this Agreement, either Party may request
that a section of the Agreement be reopened or amended. The Parties agree
that if the request relates to the following, the Parties shall meet and confer
on the request and that the Agreement shall be amended as may be agreed
upon to adequately address the following conditions:
1. Substantial or material changes in the method for calculating rates
for wastewater treatment and services
2. A change in law or permit requirements substantially and materially
altering operations under the terms of this Agreement which cannot
be adequately addressed within the rate model.
3. A substantial and continuing failure of the District to comply with
loading, capacity and flow allocations, as set forth in this Agreement.
4. When significant and/or unforeseen events or circumstances arise
substantially and materially affecting operations of either the District
or City system which cannot be adequately addressed within the rate
model.
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Upon failure to reach an agreed upon amendment in relation to the above
conditions, the Parties agree to engage a mediator to assist in resolution of
the necessary amendment.
This Agreement may be otherwise amended by the Parties from time to
time to address additional issues not within the above categories.
However, except as otherwise provided in this Agreement, no amendment,
variation or waiver of any term of this Agreement shall be enforceable by
any Party unless it is in writing and signed by both Parties.
B. Extension of the Agreement.
This Agreement shall automatically extend in 5-year increments unless
notice of the City’s or District’s desire to renegotiate the agreement shall be
provided in writing to the other Party no later than 1 year prior to the
original termination date or 1 year prior to the termination date of the
extension.
C. Early Termination.
The District may terminate this Agreement prior to the original termination
date or the termination date of any extension with two years prior notice to
the City. The City may not terminate this Agreement prior to the original
termination date or the termination date of any extension except in the case
of material breach/default or failure of dispute resolution, then may only
terminate by providing the District two years notice, or as a result of a court
order.
D. No Reimbursement.
Upon termination of this Agreement for any reason, any and all fees,
charges, and other payments made by the District to the City shall be non-
refundable whether made under this Agreement or any other agreement
between the Parties relating to the provision of wastewater transmission or
treatment services, whether those fees, charges, or other payments were
made for capital investment or for operations and maintenance of the City’s
Wastewater System, or for any other reason related the provision of
Services including, but not limited to the cost of permits or plan/document
review.
XIV. Whole Agreement.
This Agreement including any written and duly executed amendments thereto
contains the entire understanding of the Parties with respect to the subject
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matter hereof. There are no restrictions, promises, warranties, covenants, or
understandings other than those expressly set forth in this Agreement and
Amendments executed as provided in this Agreement. This Agreement
supersedes all prior negotiations, agreements, and undertakings between the
Parties with respect to the subject matter hereof.
XV. Liability.
The City shall not be responsible or liable to the District for any loss caused by
any breakdown or failure of the Collection Systems, Wastewater Treatment
Facility or any appurtenant or ancillary assets contemplated by this
Agreement.
LIABILITY AND HOLD HARMLESS: Subject to any limitations contained in
Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes,
each party (the indemnifying party) agrees to hold the other party, its officers,
officials, employees and agents harmless from any and all liability,
including claims, demands, losses, costs, damages, and expenses of every
kind and description (including death), or damages to person or property
arising out of the terms of this Agreement where such liability is founded upon
or grows out of the acts or omission of any of the Indemnifying Party’s
officers, employees or agents while acting within the scope of their
employment.
It is the intention of the parties to this Agreement that each party shall be
solely responsible for its own actions and activities and the actions and
activities of its own officers, employees and agents while acting within the
scope of their employment.
Further, it is the intention of the parties to this Agreement that each party shall
be entitled to rely upon the municipal limitations and immunities available
under Wisconsin law, including but not limited to section 345.05, 893.80 and
893.83 of the Wisconsin Statutes and that such damage limits, caps and
immunities shall be used to govern all disputes, contractual or otherwise, as
they apply to the parties, their agents, officers and employees.
XVI. Headings.
Headings contained in this Agreement are for convenience of reference only
and are not intended to define, limit, or describe the scope or intent of any
provision of this agreement.
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XVII. Counterparts of Agreement.
This Agreement may be executed in several counterparts, each of which shall
be deemed an original, but such counterparts shall together constitute but one
in the same Agreement. Facsimile and electronic signatures shall be deemed
original signatures for all purposes of this Agreement.
XVIII. Performance Standard.
This Agreement requires the Parties to act or to refrain from acting on a number
of matters. The Parties hereby acknowledge that this Agreement imposes on
them a duty of good faith and fair dealing. In addition, whenever consent or
approval is required by a Party, the consent or approval shall not be
unreasonably withheld, conditioned, or delayed.
In addition, each Party agrees to provide information to assist the other in
obtaining the necessary permits from the Wisconsin Department of Natural
Resources, or any other governmental authority, for the receipt and provision
of wastewater conveyance and treatment service in accordance with this
Agreement.
XIX. Not Construed Against Any Party.
This Agreement is the product of negotiation between the Parties hereto and
no term, covenant, or provision herein or the failure to include a term, covenant
or provision shall be construed against any Party hereto solely on the basis that
one Party or the other drafted this Agreement or any term, covenant, or
condition contained herein. The captions appearing in this Agreement are
inserted solely for convenience but shall never be considered or given any
effect in construing this Agreement if any questions of intent should arise. All
terms and words used in this Agreement, whether singular or plural and
regardless of the gender thereof, shall be deemed to include any other number
and any other gender as the context may require. Unless otherwise explicitly
provided in this Agreement, any reference to laws, ordinances, rules, or
regulations shall include such laws, ordinances, rules, or regulations as they
may be amended or modified from time to time hereafter.
XX. No Waiver.
Failure of any Party to insist upon the strict performance of terms and
provisions of this Agreement, or any of them, shall not constitute or be
construed as a waiver or relinquishment of that Party’s right to thereafter
enforce such term or provision, and that term of the provisions shall continue
in full force and effect.
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Page 32 of 36
XXI. Severability.
If any term, covenant, condition or provision of this Agreement shall be
determined to be invalid or unenforceable by a court of competent jurisdiction,
the remainder of this agreement shall not be affected thereby. The Parties, in
good faith, shall meet and confer and will substitute a valid and enforceable
provision as similar as possible to the provision at issue. The remainder of the
Agreement shall be valid and enforceable to the fullest extent permitted by law.
XXII. Governing Law / Venue.
The laws of the State of Wisconsin shall govern the interpretation, construction
and provisions relating to service under this Agreement. Winnebago County
shall be the venue for all disputes arising under this Agreement.
All references to statutes, regulations and ordinances shall include any future
renumberings, recodifications or amendments upon passage and publication
in compliance with law.
XXIII. Notices.
All communications or notices required or permitted by this Agreement shall
be in writing and shall be deemed to have been given: (i) upon delivery to an
officer or the person entitled to such notice, if hand delivered, or (ii) two
business days following deposit in the United States Mail, postage prepaid, or
with a nationally recognized overnight commercial carrier that will certify as
to the date and time of delivery, air bill prepaid, (iii) upon transmission if by
facsimile or (iv) upon transmission by email. Any such communication or
notice shall be addressed as follows, unless and until any such Party notifies
the other in accordance with this section of any change of address:
If to the City: City of Oshkosh
Department of Public Works
215 Church Avenue
Post Office Box 1130
Oshkosh, WI, 54903-1130
Attn: Director of Public Works
With a copy to: City of Oshkosh
City Attorney’s Office
215 Church Avenue
Post Office Box 1130
Oshkosh, WI, 54903-1130
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Page 33 of 36
Attn: City Attorney
If to the District: Black Wolf Sanitary District No. 1
6283 County Road R
Oshkosh, WI 54902
With a copy to: Dempsey Law Firm, LLP
10 Forest Avenue, Suite 200
Fond du Lac, WI 54935
XXIV. Authority.
The persons signing this Agreement warrant that they have the authority to
sign as, or on behalf of, the Party for whom they are signing.
IN WITNESS WHEREOF, the designated and authorized representatives of the City of
Oshkosh and the District, by virtue of directions of their respective governing bodies,
have executed this Agreement on the dates indicated below. This Agreement becomes
effective as of the latest date of the signatures below.
[The remainder of this page is blank. Signature pages to follow]
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Page 34 of 36
Dated this __________ day of ___________________________, 2025 for the City of
Oshkosh, Wisconsin.
CITY OF OSHKOSH, WISCONSIN
__________________________________________
Rebecca Grill, City Manager
__________________________________________
Cheryl Pionke, Interim City Clerk
Approved
Lynn A. Lorenson, City Attorney
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
October29th
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Page 36 of 36
Addendum A – District Boundaries & Connection Points
Addendum B – Contractual Flow and Pollutant Loading
Addendum C – Current Rate Structure
Addendum D – District Specific Terms and Conditions
Addendum E – Purchase of Additional Capacity
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
·_45
·YTNUOC"I
·YTNUOC"Z
·YTNUOC"R
·YTNUOC"N
BLACK W OLF AVBLACK W OLF AV
NEK IMI AVNEKIMI AV
OREGON ST
OREGON ST
FISK AVFISK AV
HOWLETT RD
HOWLETT RD
W RIPPLE AVW RIPPLE AV
KOELPIN RD
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COUNTRY CLUB RD
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SWISS RD
SWISS RD
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I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Black Wolf\Black Wolf Addendum A pg 1 of 5.mxd
B l a c k W o l f S a n i t a r y D i s t r i c tBlack W o l f S a n i t a r y D i s t r i c t
User: megane
Sewer ServiceArea Boundary
SSA Plannin gArea Boundary
Town of BlackWolf SanitaryDistrict No. 1
Winneba goCounty Pa rcels
City of OshkoshMunicipalBoundary Line
City of Oshkosh maps and data are intended to be used for general identificationpurposes only, and the City of Oshkosh assumes no liability for the accuracy ofthe information. Those using the information are responsible for verifyingaccuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
¯
0 1600 3200ft
Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI
1 in = 3,350 ft
1 in = 0.63 mi
Last Updated 10-14-2025
Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown.
Add end um A p age 1 o f 5Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
O
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I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Black Wolf\Black Wolf Addendum A pg 2 of 5.mxd
B l a c k W o l f S a n i t a r y D i s t r i c tBlack W o l f S a n i t a r y D i s t r i c t
User: megane
Sewer ServiceArea Boundary
SSA PlanningArea Boundary
WinnebagoCounty Parcels
Town of BlackWolf SanitaryDistrict No. 1
G REC UnitsDistrict
?Not Served
#Y Sanitary LiftStations
City SanitarySewer
District SanitarySewer
City of OshkoshMunicipalBoundary Line
City of Oshkosh maps and data are intended to be used for general identificationpurposes only, and the City of Oshkosh assumes no liability for the accuracy ofthe information. Those using the information are responsible for verifyingaccuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
¯
0 200 400ft
Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI
1 in = 400 ft
1 in = 0.08 mi
District Connection Point to CityMH 1 4-865
District Con nectio n Po int to CityMH 1 4-863
Last Updated 10-14-2025
Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown.
Add end um A p age 2 o f 5Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
·_45·YTNUOC"R
FISK AVFISK AV COUNTRY CLUB RD
COUNTRY CLUB RD
E FISK AVE FISK AV
W RIPPLE AVW RIPPLE AV
FF
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COUNTRY CLUB LACOUNTRY CLUB LA
B A Y B E R R Y L A
B A Y B E R R Y L A
SS SS HH AA DD YY LLAA
I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Black Wolf\Black Wolf Addendum A pg 3 of 5.mxd
B l a c k W o l f S a n i t a r y D i s t r i c tBlack W o l f S a n i t a r y D i s t r i c t
User: megane
Sewer ServiceArea Boundary
SSA Plannin gArea Boundary
Winneba goCounty Pa rcels
Town of BlackWolf SanitaryDistrict No. 1
#Y Sa nitary L iftStations
District Sanita rySewer
City of Oshkosh maps and data are intended to be used for general identificationpurposes only, and the City of Oshkosh assumes no liability for the accuracy ofthe information. Those using the information are responsible for verifyingaccuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
¯
0 540 1080ft
Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI
1 in = 1,100 ft
1 in = 0.21 mi
Last Updated 10-14-2025
Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown.
Add end um A p age 3 o f 5Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
·_45
KOELPIN RD
KOELPIN RD
LL
AA
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FAHRNWALD RD
FAHRNWALD RDSSTTRREEIICC
HH
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LAKE RDLAKE RD
I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Black Wolf\Black Wolf Addendum A pg 4 of 6.mxd
B l a c k W o l f S a n i t a r y D i s t r i c tBlack W o l f S a n i t a r y D i s t r i c t
User: megane
Sewer ServiceArea Boundary
SSA Plannin gArea Boundary
Winneba goCounty Pa rcels
Town of BlackWolf SanitaryDistrict No. 1
#Y Sa nitary L iftStations
District Sanita rySewer
City of Oshkosh maps and data are intended to be used for general identificationpurposes only, and the City of Oshkosh assumes no liability for the accuracy ofthe information. Those using the information are responsible for verifyingaccuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
¯
0 460 920ft
Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI
1 in = 900 ft
1 in = 0.17 mi
Last Updated 10-14-2025
Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown.
Add end um A p age 4 o f 5
Clarification Point:This area not in SSA
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
·_45
·YTNUOC"Z
HOWLETT RD
HOWLETT RD
KOELPIN RD
KOELPIN RD
BLACK W OLF AVBLACK W OLF AV
LAKE RD
LAKE RD
BBLLAACCKKWWOOLLFFPPTTRRDD
D E C O R A H AVDECORAH AV
NNPPOOIINNTTCCOOMMFFOO RR TT RR DD
T A N K A VTANK A V
I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Black Wolf\Black Wolf Addendum A pg 5 of 5.mxd
B l a c k W o l f S a n i t a r y D i s t r i c tBlack W o l f S a n i t a r y D i s t r i c t
User: megane
Sewer ServiceArea Boundary
SSA Plannin gArea Boundary
Winneba goCounty Pa rcels
Town of BlackWolf SanitaryDistrict No. 1
#Y Sa nitary L iftStations
District Sanita rySewer
City of Oshkosh maps and data are intended to be used for general identificationpurposes only, and the City of Oshkosh assumes no liability for the accuracy ofthe information. Those using the information are responsible for verifyingaccuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
¯
0 740 1480ft
Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI
1 in = 1,500 ft
1 in = 0.28 mi
Last Updated 10-14-2025
Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown.
Add end um A p age 5 o f 5Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Maximum Maximum
Annual Month Week Maximum Maximum
Average Avg Daily Avg Daily Day Hour
Daily Flow Flow Flow Flow Flow
Designated Management Agency %(MGD)(MGD)(MGD)(MGD)(GAL/HR)
Oshkosh WWTP 100%20 35 45 80 4,166,667
Town of Black Wolf SD 1.60%0.32 0.56 0.72 1.28 66,667
ADDENDUM B
City of Oshkosh WWTP
Flow Capacity Allocations (in Million Gallons/Day)
Note: Flow capacity, particularly at maximum levels, may be limited by the current modelling effort, which may identify sewer
capacity issues within the Collection System.
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
BUILDING COMMUNITIES. IT’S WHAT WE DO.
September 18, 2025
SEWER USER RATE STUDY UPDATE:
City of Oshkosh, WI
2025 Sanitary District User Rate Model
Calculations
Prepared by:
Ehlers
N19W24400 Riverwood Drive
Waukesha, WI 53188
ADDENDUM C
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
2024 Actual WWTP Flows and Loadings
City of Oshkosh, WI
Flow (CCF) BOD (Lbs) TSS (Lbs) P (Lbs) NH3-N (Lbs)
Inside Customers
Residential 900,890 1,798,413 2,248,016 50,580 162,981
Commercial 360,371 719,395 899,244 20,233 65,195
Multi-Family 215,743 430,680 538,350 12,113 39,030
Industrial 134,080 267,659 334,574 7,528 24,257
Municipal & Public 328,668 656,108 820,134 18,453 59,460
Subtotal Inside Customers 1,939,752 3,872,254 4,840,317 108,907 350,923
Outside Customers
Algoma SD 260,087 405,627 405,627 16,225 40,563
Sunset SD 4,966 7,745 7,745 310 774
Blackwolf SD 66,220 103,275 103,275 4,131 10,328
Island View SD 19,601 30,569 30,569 1,223 3,057
Edgewood Shangri-la SD 2,889 4,506 4,506 180 451
Winnebago SD 2,800 4,367 4,367 175 437
Subtotal Outside Billable 356,563 556,089 556,089 22,244 55,609
High Strength Industrial
Amcor Health Packaging 1,645 70,640 - -
Reworld Solutions (FNA Convanta)25,866 1,380 - -
Hydrite Chemical Co - - - 21,745
JJ Keller 35 159 - -
Kingsbury - - - -
Meritor Industrial Products 272 312 2 31
Oshkosh 333 - 35,067 3,147 2,936
Oshkosh 500 Waukau 2,747 812 103 224
Oshkosh 2737 6,370 5,464 171 1,770
Oshkosh Correctional Inst 1700 49,223 8,367 - 543
Oshkosh Correctional Inst 1730 33,254 5,653 - 367
Pepsi Cola 148,663 5,320 24 -
Winnebago Co. Landfill - - - 10,131
Winnebago Co. Landfill II- Combined Cells 1,083 - - 22,556
Subtotal High Strength Industrial Billable - 269,159 133,174 3,447 60,304
Wastehaulers
Septic Tank Waste 107 6,026 10,044 201 100
Porta Potty Waste 363 10,203 20,406 567 227
Mixed Loads 15,825 88,847 88,847 4,442 12,340
Holding Tank Waste 1,310 4,086 6,538 163 409
Subtotal Wastehaulers 17,606 109,163 125,835 5,374 13,076
Wastewater Treatment Facility
Total Billable 2,313,921 4,806,665 5,655,415 139,971 479,911
Inflow/Infiltration (I/I)3,493,461
Total WWTF 5,807,382
Total For Rate Calcs 2,313,921 4,806,665 5,655,415 139,971 479,911
Inside City Customers 1,957,358 4,250,576 5,099,326 117,728 424,302
Inside City and Sanitary Districts 2,308,955 4,798,920 5,647,671 139,661 479,137
(Less Sunset SD)
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 1
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
2024 Actual Meter Counts
City of Oshkosh, WI
Meter Size Residential Commerical Multi-Family Industrial Municipal & Public Total
5/8"8,589 216 64 3 7 8,879
3/4"12,441 1,113 69 18 53 13,694
1"180 364 195 26 34 799
1 1/4"
1 1/2"2 131 146 20 33 332
2"152 71 32 80 335
3"41 2 11 39 93
4"17 8 6 19 50
6"4 3 5 12
8"1 1 2
10"11
12"
21,212 2,039 558 116 272 24,197
Meter Size Equiv. Ratio Residential Commerical Multi-Family Industrial Municipal & Public Total
5/8"1 8,589 216 64 3 7 8,879
3/4"1 12,441 1,113 69 18 53 13,694
1"2.5 450 910 488 65 85 1,998
1 1/4"3.75 - - - - - -
1 1/2"5 10 655 730 100 165 1,660
2"8 - 1,216 568 256 640 2,680
3"15 - 615 30 165 585 1,395
4"25 - 425 200 150 475 1,250
6"50 - 200 150 - 250 600
8"80 - 80 - - 80 160
10"125 - - - - 125 125
12"175 - - - - - -
21,490 5,430 2,299 757 2,465 32,441
Total Meters
Equivalent Meters
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 2
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
2024 Final Sewer Utility Expenses
City of Oshkosh, WI
ACTUAL Sunset Black Island Edgewood Winnebago
2024 Algoma SD Wolf View Shangri-La
SANITARY SEWER - 1920
Labor 81,163
Retirement Benefits 11,563
Insurance Benefits 13,733
Contractual Services 394,627
Repairs to Motor Vehicles 0
Maint Mach/Equip/Bldg/Struct 0
Maintenance of Sanitary Sewers 750,000
Maint Mach/Equip/Bldg/Struct 0
Building Rent 550
Interfund Charge Backs 431,588
Chemicals 0
Miscellaneous 46,499
Legal Fees 0
Diesel Fuel 0
Supplies and Repair Parts 0
Sewer Maintenance Supplies 19,896
Safety Equipment 0
Stone/Gravel/Concrete/Asphalt 0
Depreciation 2,451,684
TOTAL SANITARY SEWER 4,201,303
PUMPING STATIONS - 1930
Labor 77,565 X X X X
Repair Parts 65,652 X X X X
Gas & Oil 1,141 X X X X
Heat XXX X
Equipment Rental 313 X X X X
Postage XXX X
Professional Services 22,307 X X X X
License & Permit 0 X X X X
Office Supplies 364 X X X X
Interfund Charge Backs 2,823 X X X X
Telephone 3,478 X X X X
Chemicals 17,115 X X X X
Utility 174,275 X X X X
Sewer XXX X
Storm Water XXX X
Supplies and Repair Parts 8,781 X X X X
Power & Light XXX X
Insurance 8,575 X X X X
Depreciation (Inclduing Forcemains)480,327 X X X X
TOTAL PUMPING STATIONS 862,716 XXX X
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 3
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
DISPOSAL PLANT - 1940 - Liquid
Labor 984,993 XXXXX X
Retirement Benefits 139,425 XXXXX X
Insurance Benefits 205,131 XXXXX X
Repair Parts 127,973 XXXXX X
Office Supplies 4,066XXXXX X
Gas & Oil 5,376XXXXX X
Heat XXXXX X
Chemicals 804,899 XXXXX X
Cont Svcs/Eng & Consulting Fees 380,422 XXXXX X
Tools 17,454XXXXX X
Other Supplies 29,853XXXXX X
Telephone 1,439 XXXXX X
Utilities 714,077 XXXXX X
Interfund Chargebacks 0 XXXXX X
Power & Light XXXXX X
Car Allowance 400XXXXX X
Conference & Training 7,693XXXXX X
Insurance 95,494XXXXX X
Depreciation (Incl Interceptor depreciation)1,111,185 XXXXX X
Dues 2,602XXXXX X
Minor Equipment 1,208XXXXX X
Clothing XXXXX X
Miscellaneous 3,217 XXXXX X
Fees & Permits 22,518XXXXX XXXXXXX
TOTAL DISPOSAL PLANT 4,659,425 XXXXX X
SOLID DISPOSAL - 1941
Labor 227,500 XXXXX X
Retirement Benefits 31,932 XXXXX X
Insurance Benefits 53,261 XXXXX X
Repair Parts 13,777 XXXXX X
Gas & Oil 109XXXXX X
Chemicals 113,478 XXXXX X
Insurance 20,327XXXXX X
Contractual Services 0XXXXX X
Depreciation XXXXX X
Maintenance 497 XXXXX X
Equipment Rental XXXXX X
Miscellaneous 190 XXXXX X
Special Services 199,991 XXXXX X
Uniforms 1,206XXXXX X
Landfill Fees XXXXX X
Supplies 92,843XXXXX X
XXXXX X
TOTAL SOLID DISPOSAL 755,111 XXXXX X
LABORATORY - 1945
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 4
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Labor 87,380 XXXXX X
Retirement Benefits 12,408 XXXXX X
Insurance Benefits 26,346 XXXXX X
Repairs 957 XXXXX X
Chemicals 10,791XXXXX X
Other Supplies 292XXXXX X
Insurance 7,119XXXXX X
Depreciation 95XXXXX X
Conference & Training XXXXX X
Office Supplies 39XXXXX X
Conference & Prof Training XXXXX X
Tools & Shop Supplies 8,684 XXXXX X
Professional Services XXXXX X
XXXXX X
TOTAL LABORATORY 154,112 XXXXX X
MAINTENANCE - 1946
Labor 543,155 XXXXX X
Retirement Benefits 76,614 XXXXX X
Insurance Benefits 133,156 XXXXX X
Motor Vehicle Expense XXXXX X
Contractual Services 4,191XXXXX X
Gas & Oil 2,670XXXXX X
Minor Equipment 3,953XXXXX X
Office Supplies 572XXXXX X
Other Supplies 16,536XXXXX X
Repairs/Maint 16,880 XXXXX X
Insurance 55,365XXXXX X
Depreciation 182,063 XXXXX X
Clothing XXXXX X
Miscellaneous 2,009 XXXXX X
Equipment Rental XXXXX X
Landfill Fees XXXXX X
Interfund Charge Backs 26,394 XXXXX XXXXXXX
TOTAL MAINTENANCE 1,063,558 XXXXX X
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 5
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
GENERAL & ADMINISTRATIVE - 1950
Labor 472,464
Retirement Benefits 103,185
Insurance Benefits 109,910
Acounting Loss/Debt Refinancing
Software Supplies
Minor Equipment 3,498
Office Supplies/Equipment 7,485
Postage
Computer Charges 39,623
Telephone 35,442
Misc Fixed Charges
Contractual Services
Car Allowance
Maintenance Office Equipment 253
Professional Services 99,613
Advertising/Marketing
Other Supplies 232
Audit 9,092
Insurance 23,757
Uncollectable Accounts 98
Depreciation 0
Bond Issue Expense 2,269,544
Bond Service Fees 2,500
Bank Fees
GASB 68 Pension Exp
Conference & Training 650
Dues
TOTAL GENERAL & ADMINISTRATIVE 3,177,346
METER READING - 1951
Labor 0
Retirement Benefits 0
Insurance Benefits 0
Meter Repairs 283,890
GASB 68 Pension Exp (7,080)
Office Supplies 25,574
Car Allowance 0
Insurance 0
TOTAL METER READING 302,384
PRETREATMENT PROGRAM - 1955
Professional Services 66,760
Licenses & Permits 2,078
Maint Computer 405
Conference/Training 198
Safety Equipment 418
Office Supplies 0
TOTAL PRETREATMENT PROGRAM 69,858
15,245,814
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 6
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Sewer System Accumulated Depreciation and Net Book Value
City of Oshkosh, WI
Capacity Buy-In Original Cost Accumulated Depreciation Net Book Value
Color Code 12/31/2024 12/31/2024 12/31/2024
LAND 301,288
1721-00000 PUMPING STATION BLDG.14,039,856 3,704,111 10,335,746
1731-00000 DISPOSAL PLANT STRUCTURE 22,641,068 13,237,563 9,403,505
1734-00000 INTERCEPTING SEWERS 34,859,726 3,928,713 30,931,014
1743-00000 FORCE MAINS 1,825,382 1,167,224 658,158
1725-00000 PUMPING STATION EQUIP.6,309,169 3,928,167 2,381,002
1735-00000 DISPOSAL PLANT EQUIP.20,701,817 15,328,644 5,373,173
1732-00000 TREATMENT - EQUIPMENT 269,991 37,210 232,781
1785-00000 MAINTENANCE EQUIP.162,812 162,812 0
1795-00000 LABORATORY EQUIP.31,146 31,146 0
1788-00000 MOTOR VEHICLES 2,424,520 1,783,382 641,138
1797-00000 RADIOS 1,199,461 1,199,461 0
1726-00000 PUMP. STA. TOOLS & MISC EQUIP.000
1791-00000 OFFICE EQUIPMENT 17,743 17,743 0
1784-00000 TOOLS & MISC. EQUIP.69,385 69,385 0
1729-00000 SOLID DISP. PLANT EQUIP.9,608,881 9,608,881 0
1719-00000 SANITARY SEWERS 87,103,125 21,800,467 65,302,659
1745-00000 SERVICES 11,670,461 486,891 11,183,571
1727-00000 SAN. SEWER TOOLS & MISC. EQUIP 169,734 169,734 0
1738-00000 POWER OPERATED EQUIPMENT 39,176 10,105 29,071
1728-00000 SOLIDS TOOLS & MISC. EQUIP.000
1792-00000 HARDWARE SOFTWARE 452,102 452,102 0
1794-00000 LIQUID TOOLS & MISC. EQUIP.9,869 9,869 0
Totals 213,906,713 77,133,609 136,471,817
Capacity Buy-In Calculation 12/31/2024
Intercepting Sewers 3,928,713
Pumping & Disposal Plant & Equipment 40,085,432
Total 44,014,145
0.1%
Buy-in per 0.1% Capacity - WWTP 44,014
Additional Buy-in Lift Stations
Lift-Station Cost 8,799,502
0.1%
Buy-in per 0.1% Capacity Allocation 8,800
Buy-in per 0.1% Capacity - WWTP & Lift Stations 52,814
Page 7
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Recovery of Return on Net Investment Rate Base (ROI)
City of Oshkosh, WI
Depreciation and Rate of Return for Sanitary Districts
2024 Net Asset Value 136,471,817
x ROR 3.90%
Return on Investment 5,319,950
2024 Depreciation Expense (Audit)4,225,355
Total Return on Investment + Depreciation 9,545,305
Equivalent Rate of Return for City Customers
Debt Service Payments 8,677,550
Debt Coverage 867,755
Total Capital Recovery 9,545,305
Less: Depreciation 4,225,355
Return on Investment 5,319,950
2024 Net Asset Value 136,471,817
Overall Rate of Return 3.90%
Breakdown of ROI Into Collection System and Treatment Plant
Collection System $77,156,439
Return on Investment (ROI)% 3.90%
Collection System ROI for Test Year $3,007,715
Pumping Stations and Forcemains $13,374,905
Return on Investment (ROI)% 3.90%
Pumping Station ROI for Test Year $521,381
Treatment Plant and Interceptors (All SD Customers)$45,940,473
Return on Investment (ROI)% 3.90%
Treatment Plant and Interceptor ROI for Test Year $1,790,853
Page 8
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Allocation of Costs to Function
City of Oshkosh, WI
Conv Flow BOD TSS P NH3-N Cst Cnn 2024 Actual Expenses
Conveyance
System Flow BOD TSS P NH3-N Billing Meter/Conn
Operating & Maintenance
Sanitary Sewer
Labor 80%10% 10%$81,163 $64,930 $0 $0 $0 $0 $0 $8,116 $8,116
Retirement Benefits 80%10% 10%$11,563 $9,250 $0 $0 $0 $0 $0 $1,156 $1,156
Insurance Benefits 80%10% 10%$13,733 $10,986 $0 $0 $0 $0 $0 $1,373 $1,373
Contractual Services 80%10% 10%$394,627 $315,702 $0 $0 $0 $0 $0 $39,463 $39,463
Repairs to Motor Vehicles 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Maintenance of Sanitary Sewers 80%10% 10%$750,000 $600,000 $0 $0 $0 $0 $0 $75,000 $75,000
Maint Mach/Equip/Bldg/Struct 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Building Rent 80%10% 10%$550 $440 $0 $0 $0 $0 $0 $55 $55
Interfund Charge Backs 80%10% 10%$431,588 $345,270 $0 $0 $0 $0 $0 $43,159 $43,159
Chemicals 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Miscellaneous 80%10% 10%$46,499 $37,199 $0 $0 $0 $0 $0 $4,650 $4,650
Legal Fees 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Diesel Fuel 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Supplies and Repair Parts 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Sewer Maintenance Supplies 80%10% 10%$19,896 $15,917 $0 $0 $0 $0 $0 $1,990 $1,990
Safety Equipment 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Stone/Gravel/Concrete/Asphalt 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal Sanitary Sewer 80%10% 10%$1,749,619 $1,399,695 $0 $0 $0 $0 $0 $174,962 $174,962
Pumping Stations
Labor 90%5% 5%$77,565 $69,809 $0 $0 $0 $0 $0 $3,878 $3,878
Repair Parts 90%5% 5%$65,652 $59,087 $0 $0 $0 $0 $0 $3,283 $3,283
Gas & Oil 90%5% 5%$1,141 $1,027 $0 $0 $0 $0 $0 $57 $57
Heat 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Equipment Rental 90%5% 5%$313 $282 $0 $0 $0 $0 $0 $16 $16
Postage 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Professional Services 90%5% 5%$22,307 $20,076 $0 $0 $0 $0 $0 $1,115 $1,115
License & Permit 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Office Supplies 90%5% 5%$364 $328 $0 $0 $0 $0 $0 $18 $18
Interfund Charge Backs 90%5% 5%$2,823 $2,541 $0 $0 $0 $0 $0 $141 $141
Telephone 90%5% 5%$3,478 $3,130 $0 $0 $0 $0 $0 $174 $174
Chemicals 90%5% 5%$17,115 $15,404 $0 $0 $0 $0 $0 $856 $856
Utility 90%5% 5%$174,275 $156,848 $0 $0 $0 $0 $0 $8,714 $8,714
Sewer 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Storm Water 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Supplies and Repair Parts 90%5% 5%$8,781 $7,903 $0 $0 $0 $0 $0 $439 $439
Power & Light 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Insurance 90%5% 5%$8,575 $7,718 $0 $0 $0 $0 $0 $429 $429
Subtotal Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$382,389 $344,150 $0 $0 $0 $0 $0 $19,119 $19,119
Disposal Plant
Labor 33% 25% 22% 5% 5% 5% 5%$984,993 $0 $325,048 $246,248 $216,698 $49,250 $49,250 $49,250 $49,250
Retirement Benefits 33% 25% 22% 5% 5% 5% 5%$139,425 $0 $46,010 $34,856 $30,674 $6,971 $6,971 $6,971 $6,971
Insurance Benefits 33% 25% 22% 5% 5% 5% 5%$205,131 $0 $67,693 $51,283 $45,129 $10,257 $10,257 $10,257 $10,257
Repair Parts 33% 25% 22% 5% 5% 5% 5%$127,973 $0 $42,231 $31,993 $28,154 $6,399 $6,399 $6,399 $6,399
Office Supplies 33% 25% 22% 5% 5% 5% 5%$4,066 $0 $1,342 $1,017 $895 $203 $203 $203 $203
Gas & Oil 33% 25% 22% 5% 5% 5% 5%$5,376 $0 $1,774 $1,344 $1,183 $269 $269 $269 $269
Heat 33% 25% 22% 5% 5% 5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0
Chemicals 57%43%0%$804,899 $0 $458,792 $0 $0 $346,107 $0 $0 $0
Cont Svcs/Eng & Consult Fees 33% 25% 22% 5% 5% 5% 5%$380,422 $0 $125,539 $95,106 $83,693 $19,021 $19,021 $19,021 $19,021
Tools 32% 30% 26% 7% 5%0%$17,454 $0 $5,585 $5,236 $4,538 $1,222 $873 $0 $0
Other Supplies 32% 30% 26% 7% 5%0%$29,853 $0 $9,553 $8,956 $7,762 $2,090 $1,493 $0 $0
Telephone 32% 30% 26% 7% 5%0%$1,439 $0 $460 $432 $374 $101 $72 $0 $0
Water 32% 30% 26% 7% 5%0%$714,077 $0 $228,505 $214,223 $185,660 $49,985 $35,704 $0 $0
Storm Water 32% 30% 26% 7% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Power & Light 33% 34% 21% 5% 7%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Car Allowance 33% 34% 21% 5% 7%0%$400 $0 $132 $136 $84 $20 $28 $0 $0
Conference & Training 33% 25% 22% 5% 5% 5% 5%$7,693 $0 $2,539 $1,923 $1,692 $385 $385 $385 $385
Insurance 33% 25% 22% 5% 5% 5% 5%$95,494 $0 $31,513 $23,874 $21,009 $4,775 $4,775 $4,775 $4,775
Dues 33% 25% 22% 5% 5% 5% 5%$2,602 $0 $859 $651 $572 $130 $130 $130 $130
Allocation Percentages WWTF Customer
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 9
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Conv Flow BOD TSS P NH3-N Cst Cnn 2024 Actual Expenses
Conveyance
System Flow BOD TSS P NH3-N Billing Meter/Conn
Allocation Percentages WWTF Customer
Equipment Rental 32% 30% 26% 7% 5%0%$1,208 $0 $387 $362 $314 $85 $60 $0 $0
Clothing 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Miscellaneous 33% 34% 21% 5% 7%0%$3,217 $0 $1,062 $1,094 $676 $161 $225 $0 $0
Fees & Permits 33% 34% 21% 5% 7%0%$22,518 $0 $7,431 $7,656 $4,729 $1,126 $1,576 $0 $0
Subtotal Disposal Plant 0% 38% 20% 18% 14% 4% 3% 3%$3,548,240 $0 $1,356,455 $726,389 $633,835 $498,554 $137,690 $97,659 $97,659
Solid Disposal
Labor 43% 25% 22% 5% 5%0%$227,500 $0 $97,825 $56,875 $50,050 $11,375 $11,375 $0 $0
Retirement Benefits 43% 25% 22% 5% 5%0%$31,932 $0 $13,731 $7,983 $7,025 $1,597 $1,597 $0 $0
Insurance Benefits 43% 25% 22% 5% 5%0%$53,261 $0 $22,902 $13,315 $11,717 $2,663 $2,663 $0 $0
Repair Parts 33% 34% 21% 5% 7%0%$13,777 $0 $4,546 $4,684 $2,893 $689 $964 $0 $0
Gas & Oil 43% 25% 22% 5% 5%0%$109 $0 $47 $27 $24 $5 $5 $0 $0
Chemicals 57%43%0%$113,478 $0 $64,682 $0 $0 $48,796 $0 $0 $0
Insurance 43% 25% 22% 5% 5%0%$20,327 $0 $8,741 $5,082 $4,472 $1,016 $1,016 $0 $0
Contractual Services 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Maintenance 33% 34% 21% 5% 7%0%$497 $0 $164 $169 $104 $25 $35 $0 $0
Equipment Rental 33% 34% 21% 5% 7%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Miscellaneous 33% 34% 21% 5% 7%0%$190 $0 $63 $65 $40 $10 $13 $0 $0
Special Services 43% 25% 22% 5% 5%0%$199,991 $0 $85,996 $49,998 $43,998 $10,000 $10,000 $0 $0
Uniforms 43% 25% 22% 5% 5%0%$1,206 $0 $519 $302 $265 $60 $60 $0 $0
Landfill Fees 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Adjustment to Audit 43% 25% 22% 5% 5%0%($87,620)$0 ($37,677) ($21,905) ($19,276) ($4,381) ($4,381)$0 $0
Supplies 43% 25% 22% 5% 5%0%$92,843 $0 $39,922 $23,211 $20,425 $4,642 $4,642 $0 $0
Subtotal Solid Disposal 0% 45% 21% 18% 11% 4% 0% 0%$667,491 $0 $301,462 $139,805 $121,738 $76,496 $27,990 $0 $0
Laboratory
Labor 30% 35% 15% 10% 10%0%$87,380 $0 $26,214 $30,583 $13,107 $8,738 $8,738 $0 $0
Retirement Benefits 30% 35% 15% 10% 10%0%$12,408 $0 $3,722 $4,343 $1,861 $1,241 $1,241 $0 $0
Insurance Benefits 30% 35% 15% 10% 10%0%$26,346 $0 $7,904 $9,221 $3,952 $2,635 $2,635 $0 $0
Repairs 30% 35% 15% 10% 10%0%$957 $0 $287 $335 $144 $96 $96 $0 $0
Chemicals 30% 35% 15% 10% 10%0%$10,791 $0 $3,237 $3,777 $1,619 $1,079 $1,079 $0 $0
Other Supplies 30% 35% 15% 10% 10%0%$292 $0 $88 $102 $44 $29 $29 $0 $0
Insurance 30% 35% 15% 10% 10%0%$7,119 $0 $2,136 $2,492 $1,068 $712 $712 $0 $0
Office Supplies 30% 35% 15% 10% 10%0%$39 $0 $12 $14 $6 $4 $4 $0 $0
Conference & Training 30% 35% 15% 10% 10%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Tools & Shop Supplies 30% 35% 15% 10% 10%0%$8,684 $0 $2,605 $3,039 $1,303 $868 $868 $0 $0
Professional Services 30% 35% 15% 10% 10%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal Laboratory 0% 30% 35% 15% 10% 10% 0% 0%$154,017 $0 $46,205 $53,906 $23,103 $15,402 $15,402 $0 $0
Maintenance
Labor 43% 25% 22% 5% 5%0%$543,155 $0 $233,557 $135,789 $119,494 $27,158 $27,158 $0 $0
Retirement Benefits 43% 25% 22% 5% 5%0%$76,614 $0 $32,944 $19,154 $16,855 $3,831 $3,831 $0 $0
Insurance Benefits 43% 25% 22% 5% 5%0%$133,156 $0 $57,257 $33,289 $29,294 $6,658 $6,658 $0 $0
Motor Vehicle Expense 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Contractual Services 43% 25% 22% 5% 5%0%$4,191 $0 $1,802 $1,048 $922 $210 $210 $0 $0
Gas & Oil 43% 25% 22% 5% 5%0%$2,670 $0 $1,148 $668 $588 $134 $134 $0 $0
Minor Equipment 43% 25% 22% 5% 5%0%$3,953 $0 $1,700 $988 $870 $198 $198 $0 $0
Office Supplies 43% 25% 22% 5% 5%0%$572 $0 $246 $143 $126 $29 $29 $0 $0
Other Supplies 43% 25% 22% 5% 5%0%$16,536 $0 $7,110 $4,134 $3,638 $827 $827 $0 $0
Repairs/Maintenance 43% 25% 22% 5% 5%0%$16,880 $0 $7,259 $4,220 $3,714 $844 $844 $0 $0
Insurance 43% 25% 22% 5% 5%0%$55,365 $0 $23,807 $13,841 $12,180 $2,768 $2,768 $0 $0
Clothing 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Miscellaneous 43% 25% 22% 5% 5%0%$2,009 $0 $864 $502 $442 $100 $100 $0 $0
Equipment Rental 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Landfill Fees 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Interfund Charge Backs 43% 25% 22% 5% 5%0%$26,394 $0 $11,349 $6,598 $5,807 $1,320 $1,320 $0 $0
Subtotal Maintenance 0% 43% 25% 22% 5% 5% 0% 0%$881,495 $0 $379,043 $220,374 $193,929 $44,075 $44,075 $0 $0
General & Administrative
Labor 16% 16% 19% 17% 4% 4% 10% 14%$472,464 $75,594 $75,594 $89,768 $80,319 $18,899 $18,899 $47,246 $66,145
Retirement Benefits 16% 16% 19% 17% 4% 4% 10% 14%$103,185 $16,510 $16,510 $19,605 $17,541 $4,127 $4,127 $10,319 $14,446
Insurance Benefits 16% 16% 19% 17% 4% 4% 10% 14%$109,910 $17,586 $17,586 $20,883 $18,685 $4,396 $4,396 $10,991 $15,387
Software Supplies 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Minor Equipment 16% 16% 19% 17% 4% 4% 10% 14%$3,498 $560 $560 $665 $595 $140 $140 $350 $490
Office Supplies/Equipment 16% 16% 19% 17% 4% 4% 10% 14%$7,485 $1,198 $1,198 $1,422 $1,273 $299 $299 $749 $1,048
Postage 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Computer Charges 16% 16% 19% 17% 4% 4% 10% 14%$39,623 $6,340 $6,340 $7,528 $6,736 $1,585 $1,585 $3,962 $5,547
Telephone 16% 16% 19% 17% 4% 4% 10% 14%$35,442 $5,671 $5,671 $6,734 $6,025 $1,418 $1,418 $3,544 $4,962
Misc Fixed Charges 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 10
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Conv Flow BOD TSS P NH3-N Cst Cnn 2024 Actual Expenses
Conveyance
System Flow BOD TSS P NH3-N Billing Meter/Conn
Allocation Percentages WWTF Customer
Contractual Services 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Car Allowance 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Maintenance Office Equipment 16% 16% 19% 17% 4% 4% 10% 14%$253 $40 $40 $48 $43 $10 $10 $25 $35
Professional Services 16% 16% 19% 17% 4% 4% 10% 14%$99,613 $15,938 $15,938 $18,926 $16,934 $3,985 $3,985 $9,961 $13,946
Advertising/Marketing 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Other Supplies 16% 16% 19% 17% 4% 4% 10% 14%$232 $37 $37 $44 $39 $9 $9 $23 $32
Audit 16% 16% 19% 17% 4% 4% 10% 14%$9,092 $1,455 $1,455 $1,727 $1,546 $364 $364 $909 $1,273
Insurance 16% 16% 19% 17% 4% 4% 10% 14%$23,757 $3,801 $3,801 $4,514 $4,039 $950 $950 $2,376 $3,326
Uncollectable Accounts 16% 16% 19% 17% 4% 4% 10% 14%$98 $16 $16 $19 $17 $4 $4 $10 $14
Bank Fees 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
GASB 68 Pension Exp 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Conference & Training 16% 16% 19% 17% 4% 4% 10% 14%$650 $104 $104 $123 $110 $26 $26 $65 $91
Dues 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal General & Administrative 16% 16% 19% 17% 4% 4% 10% 14%$905,302 $144,848 $144,848 $172,007 $153,901 $36,212 $36,212 $90,530 $126,742
Meter Reading
Labor 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0
Retirement Benefits 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0
Insurance Benefits 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0
Meter Repairs 100% $283,890 $0 $0 $0 $0 $0 $0 $0 $283,890
GASB 68 Pension Exp 100% 0% ($7,080) $0 $0 $0 $0 $0 $0 -$7,080 $0
Office Supplies 50% 50% $25,574 $0 $0 $0 $0 $0 $0 $12,787 $12,787
Car Allowance 100% $0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal Meter Reading 2% 98% $302,384 $0 $0 $0 $0 $0 $0 $5,707 $296,677
Pretreatment Program
Professional Services 43% 25% 22% 5% 5%0%$66,760 $0 $28,707 $16,690 $14,687 $3,338 $3,338 $0 $0
Licenses & Permits 43% 25% 22% 5% 5%0%$2,078 $0 $893 $519 $457 $104 $104 $0 $0
Books & Periodicals 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Maint Computer 43% 25% 22% 5% 5%0%$405 $0 $174 $101 $89 $20 $20 $0 $0
Conference/Training 43% 25% 22% 5% 5%0%$198 $0 $85 $49 $44 $10 $10 $0 $0
Safety Equipment 43% 25% 22% 5% 5%0%$418 $0 $180 $105 $92 $21 $21 $0 $0
Office Supplies 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal Pretreatment Program 0% 43% 25% 22% 5% 5% 0% 0%$69,858 $0 $30,039 $17,465 $15,369 $3,493 $3,493 $0 $0
Total O & M 22% 26% 15% 13% 8% 3% 4% 8%$8,660,796 $1,888,694 $2,258,052 $1,329,946 $1,141,875 $674,232 $264,861 $387,977 $715,160
Capital Costs
Depreciation
Sanitary Sewer 80% 0% 0% 0% 0% 0% 10% 10%$2,451,684 $1,961,347 $0 $0 $0 $0 $0 $245,168 $245,168
Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$480,327 $432,294 $0 $0 $0 $0 $0 $24,016 $24,016
Disposal Plant 0% 45% 21% 18% 11% 4% 0% 0%$1,111,185 $0 $501,849 $232,736 $202,660 $127,345 $46,595 $0 $0
Solid Disposal 0% 45% 21% 18% 11% 4% 0% 0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Laboratory 0% 30% 35% 15% 10% 10% 0% 0%$95 $0 $29 $33 $14 $10 $10 $0 $0
Maintenance 0% 43% 25% 22% 5% 5% 0% 0%$182,063 $0 $78,287 $45,516 $40,054 $9,103 $9,103 $0 $0
General & Administration 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0
Meter Reading 0% 0% 0% 0% 0% 0% 2% 98%$0 $0 $0 $0 $0 $0 $0 0 $0
Pretreatment Program 0% 43% 25% 22% 5% 5% 0% 0%$0 $0 $0 $0 $0 $0 $0 $0 $0
Rate of Return
Collection System (Sanitary Sewer)80% 0% 0% 0% 0% 0% 10% 10%$3,007,715 $2,406,172 $0 $0 $0 $0 $0 $300,772 $300,772
Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$521,381 $469,243 $0 $0 $0 $0 $0 $26,069 $26,069
Treatment Facility 0% 45% 21% 18% 11% 4% 0% 0%$1,790,853 $0 $808,810 $375,092 $326,619 $205,236 $75,096 $0 $0
Total Capital Costs $9,545,304 $5,269,057 $1,388,975 $653,377 $569,347 $341,694 $130,804 $596,025 $596,025
Subtotal Revenue Requirements $18,206,100 $7,157,751 $3,647,027 $1,983,322 $1,711,222 $1,015,926 $395,665 $984,003 $1,311,185
Other Income
Misc Service & Late Charges 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0
Pre-Treatment Program 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0
Investment Income 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0
Total Other Income $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Net Revenue Requirements $18,206,100 $7,157,751 $3,647,027 $1,983,322 $1,711,222 $1,015,926 $395,665 $984,003 $1,311,185
Summary
Allocation of Costs to Function and Classification for User Rates
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 11
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Conv Flow BOD TSS P NH3-N Cst Cnn 2024 Actual Expenses
Conveyance
System Flow BOD TSS P NH3-N Billing Meter/Conn
Allocation Percentages WWTF Customer
Conveyance
2024 Actual Expenses System Flow BOD TSS P TKN Billing Meter/Conn
San Sewer, Admin Pretreatment, Meter Reading 70% 2% 2% 2% 0% 0% 10% 13%$8,486,563 $5,912,063 $174,887 $189,472 $169,270 $39,705 $39,705 $817,139 $1,144,322
Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$1,384,097 $1,245,687 $0 $0 $0 $0 $0 $69,205 $69,205
Treatment 0% 42% 22% 18% 12% 4% 1% 1%$8,335,439 $0 $3,472,139 $1,793,850 $1,541,952 $976,221 $355,960 $97,659 $97,659
Total 39% 20% 11% 9% 6% 2% 5% 7%18,206,100 7,157,751 3,647,027 1,983,322 1,711,222 1,015,926 395,665 984,003 1,311,185
Legend
BOD = Biochemical Oxygen Demand
TSS = Total Suspended Solids
P = Phosphorus
NH3-N = Amonia Nitrogen
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 12
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Summary of Revenue Requirement
City of Oshkosh, WI
Revenue Requirement Component Paid By:
Prior Year
Actual
Expenses
Conveyance
System Flow BOD TSS P NH3-N Billing Meter/Conn
San Sewer, Admin Pretreatment, Meter Reading City Customers Only $8,486,563 $5,912,063 $174,887 $189,472 $169,270 $39,705 $39,705 $817,139 $1,144,322
Pumping Stations All Customers except Sunset $1,384,097 $1,245,687 $0 $0 $0 $0 $0 $69,205 $69,205
Treatment All Customers $8,335,439 $0 $3,472,139 $1,793,850 $1,541,952 $976,221 $355,960 $97,659 $97,659
Total $18,206,100 $7,157,751 $3,647,027 $1,983,322 $1,711,222 $1,015,926 $395,665 $984,003 $1,311,185
Page 13
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Rate Computation Worksheet
City of Oshkosh, WI
Collection System, Administration, Meter Reading, Pretreatment Rate Calc (City Customers Only)
Fixed Charges (Annual)
Costs Billable Units Rate
817,139 24,197 $33.77
1,144,322 32,441 $35.27
Equiv Meter/Connection Customer Total
Meter Size Ratio Charge Charge Fixed Charge
5/8"1 $35.27 $33.77 $69.04
3/4"1 $35.27 $33.77 $69.04
1"2.5 $88.19 $33.77 $121.96
1 1/4"3.75 $132.28 $33.77 $166.05
1 1/2"5 $176.37 $33.77 $210.14
2"8 $282.20 $33.77 $315.97
3"15 $529.12 $33.77 $562.89
4"25 $881.86 $33.77 $915.63
6"50 $1,763.72 $33.77 $1,797.49
8"80 $2,821.96 $33.77 $2,855.73
10"125 $4,409.31 $33.77 $4,443.08
12"175 $6,173.03 $33.77 $6,206.80
Volumetric Charges
Billable Units
Charge Type Cost (Cu. Ft or lbs)Rate/Unit
Flow Charge per 100 CF $174,887 1,957,358 $0.09
Conveyance Charge per 100 CF $5,912,063 1,939,752 $3.05
BOD Charge per lb.$189,472 4,250,576 $0.04
TSS Charge per lb.$169,270 5,099,326 $0.03
P Charge per lb.$39,705 117,728 $0.34
NH3-N Charge per lb.$39,705 424,302 $0.09
BOD Charge per 100 CF $0.07
TSS Charge per 100 CF $0.05
P Charge per 100 CF $0.02
NH3-N Charge per 100 CF $0.01
Total Volumetric Rate per 100 Cu. Ft $3.29
Charge Type
Customer Charge
Meter/Connection Charge
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 14
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Pumping Stations User Rate Calculations (City, Blackwolf, Island View, Winnebago, Edgewood SD's)
Fixed Charges (Annual)
Costs Billable Units Rate
69,205 24,197 $2.86
69,205 32,441 $2.13
Equiv Meter/Connection Customer Total
Meter Size Ratio Charge Charge Fixed Charge
5/8"1 $2.13 $2.86 $4.99
3/4"1 $2.13 $2.86 $4.99
1"2.5 $5.33 $2.86 $8.19
1 1/4"3.75 $8.00 $2.86 $10.86
1 1/2"5 $10.67 $2.86 $13.53
2"8 $17.07 $2.86 $19.93
3"15 $32.00 $2.86 $34.86
4"25 $53.33 $2.86 $56.19
6"50 $106.66 $2.86 $109.52
8"80 $170.66 $2.86 $173.52
10"125 $266.66 $2.86 $269.52
12"175 $373.32 $2.86 $376.19
Volumetric Charges
Billable Units
Charge Type Cost (Cu. Ft or lbs)Rate/Unit
Conveyance Charge per 100 CF $1,245,687 5,524,723 $0.23
Total Volumetric Rate per 100 Cu. Ft $0.23
Charge Type
Customer Charge
Meter/Connection Charge
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 15
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Treatment Facility User Rate Calculations (All Customers)
Fixed Charges (Annual)
Costs Billable Units Rate
97,659 24,197 $4.04
97,659 32,441 $3.01
Equiv Meter/Connection Customer Total
Meter Size Ratio Charge Charge Fixed Charge
5/8"1 $3.01 $4.04 $7.05
3/4"1 $3.01 $4.04 $7.05
1"2.5 $7.53 $4.04 $11.56
1 1/4"3.75 $11.29 $4.04 $15.32
1 1/2"5 $15.05 $4.04 $19.09
2"8 $24.08 $4.04 $28.12
3"15 $45.16 $4.04 $49.19
4"25 $75.26 $4.04 $79.30
6"50 $150.52 $4.04 $154.56
8"80 $240.83 $4.04 $244.87
10"125 $376.30 $4.04 $380.34
12"175 $526.82 $4.04 $530.86
Volumetric Charges (All Customers)
Billable Units
Charge Type Cost (Cu. Ft or lbs)Rate/Unit
Flow Charge per 100 CF $3,472,139 5,807,382 $0.60
BOD Charge per lb.$1,793,850 4,806,665 $0.37
TSS Charge per lb.$1,541,952 5,655,415 $0.27
P Charge per lb.$976,221 139,971 $6.97
NH3-N Charge per lb.$355,960 479,911 $0.74
BOD Charge per 100 CF $0.58
TSS Charge per 100 CF $0.43
P Charge per 100 CF $0.44
NH3-N Charge per 100 CF $0.12
Total Volumetric Rate per 100 Cu. Ft $2.16
Charge Type
Customer Charge
Meter/Connection Charge
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 16
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Wastehauler Charges
Septic Charges
Flow Charge per 100 Cu. Ft $0.69
BOD Charge per 100 Cu. Ft $23.46
TSS Charge per 100 Cu. Ft $28.62
P Charge per 100 Cu Ft.$13.68
NH3-N Charge per 100 Cu. Ft $0.78
Total $67.23
Holding Tank Charges
Flow Charge per 100 Cu. Ft $0.69
BOD Charge per 100 Cu. Ft $1.30
TSS Charge per 100 Cu. Ft $1.53
P Charge per 100 Cu Ft.$0.91
NH3-N Charge per 100 Cu. Ft $0.26
Total $4.69
Porta Potty Waste Charges
Flow Charge per 100 Cu. Ft $0.69
BOD Charge per 100 Cu. Ft $11.73
TSS Charge per 100 Cu. Ft $17.17
P Charge per 100 Cu Ft.$11.40
NH3-N Charge per 100 Cu. Ft $0.52
Total $41.51
Mixed Load Waste Charges
Flow Charge per 100 Cu. Ft $0.69
BOD Charge per 100 Cu. Ft $2.35
TSS Charge per 100 Cu. Ft $1.72
P Charge per 100 Cu Ft.$2.05
NH3-N Charge per 100 Cu. Ft $0.65
Total $7.45
Rate Summary
City (Inside)
Fixed charge per connection $81.08
Rate per 100 Cu. Ft $5.68
BOD rate per lb.$0.418
TSS rate per lb.$0.306
P rate per lb.$7.312
NH3-N Charge per lb. $0.835
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 17
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Outside User Rate Calculations
Rate Summary
City of Oshkosh, WI
Monthly Charges - Sunset Sanitary District
Volumetric Rate per 100 Cubic Feet $2.16
Monthly Charges - Algoma Sanitary District
Volumetric Rate per 100 Cubic Feet $2.16
Monthly Charges - Blackwolf, Winnebago, Island View, Edgewood Sanitary Districts
Volumetric Rate per 100 Cubic Feet $2.38
Summary of Projected Revenues by Sanitary District
Annual Revenue
Algoma SD $560,723.64
Sunset SD $10,706.12
Blackwolf SD $157,694.93
Island View SD $46,677.43
Edgewood Shangri-la SD $6,879.81
Winnebago SD $6,667.86
Totals $789,349.79
TY2020 Sewer Rate Study
City of Oshkosh, WI
Prepared 9/18/2025 Page 18
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
ADDENDUM D
This Addendum presents terms that are unique and targeted to the District. These terms
are incorporated into and become part of the Agreement.
1) The Parties recognize that the current SSA, boundaries, the District DMA area, and
area identified in the Boundary Agreement with the City are not the same; and
that the area currently served in Black Wolf is significantly less than the current
District DMA area. A map indicating the intended service areas of the parties as
identified in the Boundary Agreement is included with this addendum.
2) The District may petition for an SSA amendment now or in the future, with any
matching reduction in SSA area identified within the District, if required. If an
amendment is requested the Parties agree that they will work together in good
faith to evaluate the amendment and present necessary information to ECWRPC
and WDNR to allow for future development.
3) The City will approve connections without unreasonable delay that are within the
appropriate SSA and DMA areas and which are not anticipated to exceed the
District’s allotted flow capacity as set forth in the agreement.
4) Concurrent with the execution of this Agreement, the District is purchasing an
additional 0.5% of Allocated Capacity, increasing their previous 1.1% to 1.6%
Allocated Capacity of the Wastewater Treatment Facility. Pursuant to the formula
provided in Addendum E, this purchase shall require an immediate payment of
$264,070.00 to the City. Addendum B has already been updated to reflect the
revised 1.6% Allocated Capacity. However, the increased 1.6% Allocated Capacity
shall not take effect until the $264,070.00 payment is received by the City.
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
Lake
Winnebago
zoowgj
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ii undetelmin~d
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.City Expansion
Area
cia:
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Preservation
Area
cia:
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Fond du Lac County
[~~=]City of OshkoshCJRuralPreservation AreaCJTownofBlackWolfProtected AreaCJUndeterminedCityExpansionArea
CJ Town of NekimiCJTownofAlgomaCJFondduLacCounty Town Protected,City Expansion
&Rural Preservation Areas
EXHIBIT 1
NwA E ~1,0:'2,000Y Feet
S 1 inch equals 4,000 feet
Sources:City of Oshkosh GIS,Winnebago County WINGS Project
City of Oshkosh I Town of Black Wolf
Boundary Agreement
4,000 6,000
November,2008
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943
ADDENDUM E
Purchase of Additional Capacity
The District may request to purchase additional capacity within the WWTP and
WWTP collection system. Requests will be reviewed by the City based upon the
current and anticipated system capacity at the time of the request.
If the system capacity will support additional capacity from the requesting
District, the City may agree and the District will purchase that capacity by taking
the amount of accumulated depreciation on all assets that are or will be used by
the district, including but not limited to the WWTP, interceptors, force mains and
lift stations, and multiplying this amount by the increase in the percentage of
capacity in the WWTP and in the lift station or other assets allocated to any District
under the new agreement. To the extent that a District may use or benefit from a
lift station(s), they will be required to purchase the additional capacity based on
the value of the accumulated depreciation on the lift station(s) which would be
evaluated at the time of purchase.
The District would pay for depreciation expense and return on investment on the
undepreciated balance of WWTP and other assets used by the district through its
sewer user charges as provided for in the new agreement.
In no case shall the City be obligated to enlarge or otherwise modify its collection
system or the WWTP to provide for additional capacity.
Example Calculation for 0.1 Percent of WWTP Capacity (20,000 gallons per day)
with no lift station:
Interceptor Sewers – Accumulated Depreciation $ 3,928,713
WWTP – Accumulated Depreciation $40,085,432
Total $44,014,145
x 0.1%
Buy-In per 0.1% Capacity Allocation $ 44,014
Additional Buy-in Lift Stations:
Lift-Station Cost $8,799,502
X0.1%
Buy-In per 0.1% Capacity Allocation $ 8,800
Buy-In per 0.1% Capacity Allocation WWTP & Lift Station $ 52,814
Docusign Envelope ID: 9B8BC369-23B8-4315-AF83-FCE9E73AE943