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AGENDApacket__10-28-25_0509_141
OSH KO SH C OMMO N C O UN C I L A GEN DA C O UN C IL C H A MB ER S, C ITY H ALL 215 C H UR C H AVEN UE, RO OM 406 OSH KO SH , W I SC ON SI N O cto be r 28, 2025 Mission: The City of Oshkosh provides goods and services in pursuit of a safe and vibrant community Vision: A thriving and sustainable community offering abundant opportunities for work and life If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send written correspondence to the Council, mail it to the City Manager, place it in the City Hall dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting). A.CLOSED SESSION (5 :0 0 p.m ., R oom 4 0 4 ) Th e Com m on Cou n cil m ay con v en e in to Closed Session pu rsu an t to Section 1 9 .8 5 (1 )(g) of th e Wiscon sin State Statu tes to con fer with legal cou n sel wh o w ill ren der adv ice con cern in g strateg y to be adopted with respect to litig ation in wh ich th e City is or is lik ely to becom e in v olv ed pertain in g to paym en t of TIF in crem en t for TID#2 8 Beach Bu ildin g. 1.Back g rou n d in form ation for closed session B.CALL TO ORDER (6 :0 0 p.m .) C.ROLL CALL D.INVOCATION - VOTING FIRST Cou n cilor Floam In v ocation #1 E.PLEDGE OF ALLEGIANCE Lak eside an d Jefferson Elem en tary Sch ools F.PROCLAMATION ISSUED (issu ed ah ead of m eetin g ) Merrill Sch ool Legacy Day, O ctober 1 7 , 2 0 2 5 G.PUBLIC STATEMENTS TO COUNCIL Th e pu blic is to address th e Cou n cil on ly. Statem en ts are lim ited to fiv e (5 ) m in u tes. Statem en ts m u st address item s th at: are n ot listed on th e Cou n cil m eetin g agen da; are lim ited to issu es th at h av e an im pact on th e City of O sh k osh an d Com m on Cou n cil m ay address at a fu tu re m eetin g ; an d m u st n ot in clu de en dorsem en ts of an y can didates or oth er election eerin g . Th e Cou n cil can n ot respon d to qu estion s, com m en ts, or rem ark s du rin g th is tim e. It is n ot a discu ssion period, bu t an opportu n ity for you to address th e Cou n cil. H.CONSENT AGENDA ITEMS (Con sen t Ag en da item s are th ose item s of a rou tin e adm in istrativ e n atu re th at are v oted on by th e Cou n cil in a sin gle roll call v ote. Staff recom m en ds approv al of all item s. An y m em ber of th e pu blic or Com m on Cou n cil m ay requ est th at an item be rem ov ed from th e Con sen t Ag en da for discu ssion .) 2.R eport of Bills 3.Approv e Com m on Cou n cil Min u tes 1 0 .1 4 .2 0 2 5 4.R es 2 5 -5 4 0 Approv e resolu tion of su pport for City g ran t application for "G ran ts for Local Projects" program 5.R es 2 5 -5 4 1 Approv e San itary District Ag reem en t with Algom a San itary District No. 1 (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 6.R es 2 5 -5 4 2 Approv e San itary District Ag reem en t with Black Wolf San itary District No. 1 (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 7.R es 2 5 -5 4 3 Approv e San itary District Ag reem en t with Edg ew ood-Sh an g ri La San itary District No. 1 (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 8.R es 2 5 -5 4 4 Approv e San itary District Ag reem en t with Islan d View San itary District (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 9.R es 2 5 -5 4 5 Approv e San itary District Ag reem en t with Su n set Poin t San itary District (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 10.R es 2 5 -5 4 6 Approv e San itary District Ag reem en t with Win n ebago Area San itary District (O ctober 1 , 2 0 2 5 th rou g h Decem ber 3 1 , 2 0 4 5 ) 11.R es 2 5 -5 4 7 Au th orize su bm ittin g application to Wiscon sin Econ om ic Dev elopm en t Corporation for Com m u n ity Dev elopm en t In v estm en t G ran t Program for th e ADVO CAP Ch ildcare In cu bator 12.R es 2 5 -5 4 8 Accept Q u arry Park m aster plan (Adv isory Park s Board an d Plan Com m ission recom m en d acceptin g ) 13.R es 2 5 -5 4 9 Approv e Wastewater Utility O peratin g Bu dg et Am en dm en t an d Q u ote from Cen trisys for R epair of Wastewater Treatm en t Plan t Cen trifu g e ($8 4 ,1 4 0 .0 0 ) 14.R es 2 5 -5 5 0 Approv e Ag reem en t with Win n ebago Law n & Sn ow, LLC for 2 0 2 5 /2 0 2 6 Sidewalk Sn ow an d Ice R em ov al an d Establish R ates for 2 0 2 5 /2 0 2 6 Sidewalk Sn ow an d Ice R em ov al 15.R es 2 5 -5 5 1 Approv e Profession al Serv ices Agreem en t w ith Don oh u e & Associates, In c. for En gin eerin g Serv ices for Wastew ater Treatm en t Plan t R aw Wastewater Screen in g System R eplacem en t ($2 9 3 ,5 9 0 .0 0 ) 16.R es 2 5 -5 5 2 Approv e Acceptan ce of Waiv er of Special Assessm en t Notices an d Hearin g s for 6 " Con crete Sidewalk an d Asph alt Driv eway R elatin g to Con tract No. 2 5 -1 4 17.R es 2 5 -5 5 3 Approv e Fin al R esolu tion for Special Assessm en ts for Con tract 2 5 -1 4 6 " Con crete Sidewalk an d Asph alt Driv eway (1 1 1 0 Hawk Street) 18.R es 2 5 -5 5 4 Approv e appoin tm en ts to th e Lon g R an ge Fin an ce Com m ittee an d th e O sh k osh Hou sin g Au th ority I.ITEMS REMOVED FROM CONSENT AGENDA J.NEW ORDINANCES 19.O rd 2 5 -5 5 5 Am en d park in g lot m aps an d associated reg u lation s with in Appen dix 2 7 B of th e Mu n icipal Code for th e 3 0 0 West Lot (Tran sportation Com m ittee recom m en ds approv al) 20.O rd 2 5 -5 5 6 Am en d Section 2 7 A-1 1 of th e O sh k osh Mu n icipal Code pertain in g to park in g reg u lation s on G ran d Street from Merritt Av en u e to Hu dson Av en u e (Tran sportation Com m ittee recom m en ds approv al) 21.O rd 2 5 -5 5 7 Con v ert perm it park in g to app based paid park in g on High Av en u e (Tran sportation Com m ittee recom m en ds approv al) K.PENDING RESOLUTIONS 22.R es 2 5 -5 5 8 Approv e bu dg et am en dm en t to Police Departm en t's operatin g bu dg et for tech n ology u pg rades ($1 0 ,2 0 0 .0 0 ) 23.R es 2 5 -5 5 9 Approv e 2 0 2 5 CIP bu dg et am en dm en t an d approv e cooperativ e pu rch ase of serv ice body from Mon roe Tru ck Equ ipm en t for Water Utility Div ision ($3 0 ,6 4 4 .0 0 ) L.NEW RESOLUTIONS 24.R es 2 5 -5 6 0 Approv e profession al serv ices ag reem en t with O pen G ov for perm ittin g an d licen sin g softw are th rou gh 2 0 3 0 an d correspon din g bu dg et am en dm en t (im plem en tation costs: $1 7 8 ,0 0 0 ; com bin ed 5 -year su bscription costs: $7 4 4 ,6 0 0 ) 25.R es 2 5 -5 6 1 Approv e Dev elopm en t Agreem en t w ith Habitat for Hu m an ity of O sh k osh , In c. for sale of n in e lots located at Wash in gton Sch ool Work force Hou sin g Su bdiv ision 26.R es 2 5 -5 6 2 Approv e 2 0 2 6 Bu sin ess Im prov em en t District O peratin g Plan an d Bu dg et ($1 3 5 ,0 0 0 .0 0 ) 27.R es 2 5 -5 6 3 Approv e 2 0 2 6 - 2 0 3 5 Capital Im prov em en t Prog ram M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 28.Discussion a nd Direction to City Manag er A.UTV/ATV u se on city streets (City staff) B.R eg u lation of e-bik es (City staff) C.Special Assessm en t Deferral Policy (City staff) 29.Future Ag end a Items, Meetings, a nd Workshops A.Nov em ber 4 , 2 0 2 5 , City Hall: Pu blic h earin g for 2 0 2 6 City of O sh k osh O peration s Bu dg et (5 pm ) Work sh op to discu ss th e proposed pedestrian bridg e an d an y follow - u p from th e operation s bu dg et (im m ediately followin g pu blic h earin g) B.Appoin tm en t to fill Cou n cil v acan cy, Nov em ber 2 5 , 2 0 2 5 N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 30.Profession al Serv ices Agreem en t w ith Total Secu rity an d Safety In c. for 2 0 2 6 Loss Prev en tion Serv ices ($7 3 ,9 2 0 .0 0 ) 31.Profession al Serv ices Agreem en t w ith Don oh u e & Associates, In c. for En g in eerin g Serv ices for Wastewater Treatm en t Plan t HVAC R eplacem en ts ($7 1 ,2 8 5 .0 0 ) 32.Down town plan u pdate 33.Cu rren t in itiativ es P.CLOSED SESSION (R oom 4 0 4 , City Hall): Th e Com m on Cou n cil m ay con v en e in to Closed Session pu rsu an t to Section 1 9 .8 5 (1 )(e) of th e Wiscon sin State Statu tes w h ere com petitiv e barg ain in g reason s requ ire a closed session to discu ss bargain in g option s, strateg y, param eters an d term s related to th e poten tial redev elopm en t an d/or acqu isition of property located at 1 0 1 Com m erce Street an d 2 0 1 Pearl Av en u e in th e City of O sh k osh , com m on ly k n own as City Cen ter. 34.Back g rou n d in form ation for closed session Q.ADJOURN D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Background information for closed session B a c k g r o u n dBackground O n March 1 5 , 2 0 1 7 , th e City created Tax In crem en t Fin an cin g District (TID) #2 8 -- Beach Bu ildin g to facilitate redev elopm en t of th e property located at 2 4 0 Algom a Bou lev ard in th e City of O sh k osh in to a m ixed-u se dev elopm en t. Th e City an d 2 4 0 Algom a Blv d, LLC, th e Dev eloper, en tered in to a Dev elopm en t Agreem en t th at requ ired th e Dev eloper to prov ide an equ ity con tribu tion of n o less th an $1 ,4 9 4 ,7 1 4 .0 0 an d th e City prov ided a con tribu tion in th e form of a pay-as-you -go (PAYG O ) paym en t each year of 9 0 % of tax in crem en t. Paym en t of th e City's con tribu tion w as su bject to certain con dition s ou tlin ed in th e Dev elopm en t Agreem en t an d th at th e Dev eloper was n ot in defau lt of th e Ag reem en t. O n e of th e requ irem en ts of th e Dev elopm en t Agreem en t w as th at th e Dev eloper wou ld n ot cau se or perm it th e property to becom e tax-exem pt. O n or abou t Jan u ary 1 6 , 2 0 2 4 , th e Dev eloper sold th e property to Ch ristin e An n Dom estic Abu se Serv ices, w h ich requ ested tax-exem pt statu s. Becau se th e closin g occu rred after Jan u ary 1 , 2 0 2 4 , th e tax date for pu rposes of real property taxes, th e property rem ain ed taxable for 2 0 2 4 with th ose taxes billed an d paid in calen dar year 2 0 2 5 . Du e to th e fact th at th e property h ad been sold to a n on -profit an d th e fin al year of paym en t u n der th e TID w as desig n ated for Health y Neig h borh ood In itiativ e Fu n din g -- an d th erefore is n o lon g er av ailable to be u sed for PAYG O paym en ts -- th e City took action to dissolv e th e TID (March 1 2 , 2 0 2 4 R esolu tion 2 4 -1 2 1 -- Approv e Health y Neig h borh ood In itiativ e Fu n din g an d Ju ly 2 3 , 2 0 2 4 R esolu tion 2 4 -4 4 2 Approv e Dissolv in g TID #2 8 ). Dev eloper is requ estin g th at Cou n cil still au th orize th e paym en t of a PAYG O for th is TID from th e 2 0 2 4 tax paym en t. Staff is requ estin g direction from Cou n cil in relation to th is requ est for paym en t. Becau se th e requ est for paym en t m ay form th e basis for a poten tial claim or litig ation , staff h as sch edu led a closed session for Cou n cil to con fer w ith leg al cou n sel. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Julie Calmes, Director of Finance D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Report of Bills B a c k g r o u n dBackground Th e item s below are bein g presen ted for approv al by th e O sh k osh Com m on Cou n cil. Th ese item s h av e been properly au dited an d certified by th e City Com ptroller an d are h erew ith su bm itted for you r allow an ce in th e am ou n t of $1 0 ,5 8 5 ,2 7 3 .8 8 . Bills paid O ctober 1 0 an d 1 7 , 2 0 2 5 $5 ,4 8 0 ,9 8 7 .5 5 Payroll paid O ctober 2 4 , 2 0 2 5 $1 ,4 0 9 ,4 5 2 .5 0 R egu lar cycle payables paid th rou gh ou t th e m on th of Septem ber $2 ,6 9 8 ,8 6 5 .7 1 R egu lar UMR payables paid th rou gh ou t th e m on th of Septem ber $9 9 5 ,9 6 8 .1 2 A t t a c h m e n t sAttachments 10102025 Check run Sept 2025 UMR Sept 2025 Vouchers 10172025 Check run CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 14595 10/10/2025 ADAM KRAUSE 21.00 14596 10/10/2025 AECOM INC 5,106.00 14597 10/10/2025 AIRGAS USA LLC 3,403.94 14598 10/10/2025 AURORA HEALTH CARE 1,776.00 14599 10/10/2025 BROOKS TRACTOR INC 257,697.68 14600 10/10/2025 BROWN AND CALDWELL 11,512.83 14601 10/10/2025 CARYN BEHLMAN 98.70 14602 10/10/2025 CDW GOVERNMENT INC 9,922.50 14603 10/10/2025 CHEMTRADE CHEMICALS US LLC 9,088.03 14604 10/10/2025 CINTAS CORPORATION NO 2 1,521.78 14605 10/10/2025 CORE AND MAIN LP 18,447.00 14606 10/10/2025 DR HANSEN PLUMBING LLC 16,100.00 14607 10/10/2025 EMPATHIA INC 2,820.96 14608 10/10/2025 ENERGY SOLUTION PARTNERS LLC 17,757.02 14609 10/10/2025 ENVIROTECH EQUIPMENT 384,973.50 14610 10/10/2025 FRANK'S RADIO SERVICE INC 2,451.61 14611 10/10/2025 CENGAGE LEARNING INC 285.63 14612 10/10/2025 GANNETT WISCONSIN LOCALIQ 914.24 14613 10/10/2025 GODFREY AND KAHN SC 4,158.00 14614 10/10/2025 GORDON FLESCH COMPANY INC 70.88 14615 10/10/2025 HOWARD ALLEN DAVIS III 437.50 14616 10/10/2025 JACOBS ENGINEERING GROUP INC 9,647.80 14617 10/10/2025 JEFFERSON FIRE & SAFETY 1,400.00 14618 10/10/2025 J F AHERN CO 175.00 14619 10/10/2025 JOHNSON CONTROLS FIRE PROTECTION LP 1,925.28 14620 10/10/2025 JUSTIFACTS CVS INC 1,903.17 14621 10/10/2025 KONE INC 1,486.08 14622 10/10/2025 KONECRANES INC 11,456.79 14623 10/10/2025 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 5,209.34 14624 10/10/2025 MCC INC 43,805.35 14625 10/10/2025 MIDWEST TAPE LLC 6,730.45 14626 10/10/2025 MILPORT ENTERPRISES INC 8,484.43 14627 10/10/2025 MONROE TRUCK EQUIPMENT 842.45 14628 10/10/2025 MSA PROFESSIONAL SERVICES INC 1,159.50 14629 10/10/2025 NORTHEAST ASPHALT INC 157,182.48 14630 10/10/2025 NORTHERN LAKE SERVICE INC 322.12 14632 10/10/2025 PACKER CITY INTL TRUCKS INC 201.14 14633 10/10/2025 POLYDYNE INC 702.00 14634 10/10/2025 PRIMADATA LLC 14,344.50 14635 10/10/2025 QUALITY TRUCK CARE CENTER INC 6,145.18 14636 10/10/2025 REBECCA GRILL 66.50 14637 10/10/2025 RED SHOES INC 2,500.00 14638 10/10/2025 SECURIAN FINANCIAL GROUP INC 22,745.73 14639 10/10/2025 SPEEDY CLEAN DRAIN & SEWER 3,413.54 14640 10/10/2025 STORM COMPANIES INC 4,960.00 14641 10/10/2025 MCCLONE 49,108.00 14642 10/10/2025 TRACY JUNGWIRTH 171.36 14643 10/10/2025 TYLER TECHNOLOGIES INC 28,041.07 14644 10/10/2025 ON TIME EMBROIDERY INC 1,039.00 14645 10/10/2025 UNITED PARCEL SERVICE 114.64 14646 10/10/2025 WALLY SCHMID EXCAVATING INC 54,000.00 14647 10/10/2025 WI PUBLIC SERVICE CORP 40,502.12 14648 10/10/2025 AUGUST WINTER & SONS INC 504.00 5006981 10/10/2025 OHD LLLP 1,010.00 5006982 10/10/2025 4 IMPRINT 742.75 5006983 10/10/2025 ABSOLUTE SOFTWARE INC 107.89 5006984 10/10/2025 ACCURATE SUSPENSION WAREHOUSE 199.26 5006985 10/10/2025 ALEXANDER CHEMICAL CORPORATION 14,826.00 5006986 10/10/2025 ANTHEM LUXURY LIVING LLC 122,275.80 5006987 10/10/2025 BERGSTROM CDJR OF OSHKOSH 2,030.20 5006988 10/10/2025 BRIAN J BERNIER 19,000.00 5006989 10/10/2025 CENTER POINT LARGE PRINT 34.70 5006990 10/10/2025 CHERYL PIONKE 163.25 5006991 10/10/2025 CHRIS HAEDT 35.00 5006992 10/10/2025 COURTNEY DIXON 10.01 5006993 10/10/2025 CRYSTAL BATHKE 243.49 5006994 10/10/2025 DEAN ARTUS 45.45 5006995 10/10/2025 E POWER MARKETING 2,037.00 5006996 10/10/2025 ETHAN MAXSON 41.51 5006997 10/10/2025 EXODUS LAWN CARE AND SNOW REMOVAL LLC 959.00 5006998 10/10/2025 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 80.00 5006999 10/10/2025 GALLS LLC 1,824.59 5007000 10/10/2025 GUARANTY CLOSING AND TITLE SERVICES INC 7,500.00 5007001 10/10/2025 HEATHER BRUEGL 3,000.00 5007002 10/10/2025 IN THE HEART OF THE BEAST PUPPET AND MASK THEATRE 957.50 5007003 10/10/2025 INGRAM LIBRARY SERVICES LLC 1,143.19 5007004 10/10/2025 JACOBSON CONTRACTING LLC 10,400.00 5007005 10/10/2025 JASON KIENAST 12.97 5007006 10/10/2025 JX ENTERPRISES INC 731.99 5007007 10/10/2025 A. KALMERTON WELDING SUPPLIES 31.20 5007008 10/10/2025 KANE COMMUNICATIONS GROUP 21,062.00 5007009 10/10/2025 KIESLER POLICE SUPPLY INC 1,980.00 5007010 10/10/2025 KLINK HYDRAULICS LLC 671.12 5007011 10/10/2025 LAWSON PRODUCTS, INC 1,704.61 5007012 10/10/2025 LIBRARY MARKET 4,500.00 5007013 10/10/2025 MICHAEL MCARTHUR 240.00 5007014 10/10/2025 CENTRAL WI AUTO PARTS 812.42 5007015 10/10/2025 NEXT METHOD LLC 800.00 5007016 10/10/2025 ASSURANCE TITLE SERVICES INC 46.36 5007017 10/10/2025 ASSURANCE TITLE SERVICES INC 21.02 5007018 10/10/2025 CHEIKMA CHAMBLEE 18.85 5007019 10/10/2025 CONNIE HOME LLC 46.72 5007020 10/10/2025 DAVID DAVIS 54.53 5007021 10/10/2025 ERIC OR ANN ANDRES 6.55 5007022 10/10/2025 ERIC OR JACLYN JUNE 86.38 5007023 10/10/2025 FIRST AMERICAN TITLE INSURANCE CO 30.00 5007024 10/10/2025 FOCUS PROPERTY MANAGEMENT LLC 34.56 5007025 10/10/2025 FOX CITIES MANAGEMENT LLC 46.72 5007026 10/10/2025 HEIDI JENSEN 100.00 5007027 10/10/2025 KAREN GOLD 47.29 5007028 10/10/2025 KIMBERLY TORGERSEN 20.11 5007029 10/10/2025 KRISTINE M LEWAN 73.16 5007030 10/10/2025 LIZ MICHAEL 52.50 5007031 10/10/2025 LOCAL MODERN TITLE LLC 87.98 5007032 10/10/2025 LORETTA MEERS 66.06 5007033 10/10/2025 MATTHEW R MARINO 73.16 5007034 10/10/2025 MATTHEW R OR CHRISTIE L TOOKE 146.32 5007035 10/10/2025 MIDWEST REALTY MANAGEMENT INC 5.55 5007036 10/10/2025 MIDWEST REALTY MANAGEMENT INC 5.55 5007037 10/10/2025 NEW TITLE SERVICES INC 7.91 5007038 10/10/2025 OSHKOSH HOUSING AUTHORITY 105.20 5007039 10/10/2025 TITAN PROPERTY MANAGEMENT LLC 79.67 5007040 10/10/2025 TOWN N COUNTRY TITLE LLC 120.64 5007041 10/10/2025 TOWN N COUNTRY TITLE LLC 57.92 5007042 10/10/2025 OSHKOSH AREA HUMANE SOCIETY 672.60 5007043 10/10/2025 CITY OF OSHKOSH 60.00 5007044 10/10/2025 NADINE M HUTMAKER 2,775.00 5007045 10/10/2025 PUBLIC SERVICE COMMISSION OF WI 22,462.88 5007046 10/10/2025 RACHEL ANDERSON 224.70 5007047 10/10/2025 RAILWORKS TRACK SYSTEMS INC 24,000.00 5007048 10/10/2025 REGISTRATION FEE TRUST 2.00 5007049 10/10/2025 REGISTRATION FEE TRUST 10.00 5007050 10/10/2025 RELIANT FIRE APPARATUS INC 1,874.10 5007051 10/10/2025 OSHKOSH ROTARY CLUB 310.00 5007052 10/10/2025 SANDY TOLAND 69.79 5007053 10/10/2025 SCHMITT TITLE LLC 60.00 5007054 10/10/2025 SENSOURCE INC 228.00 5007055 10/10/2025 SHANNON CHEMICAL CORPORATION 17,351.40 5007056 10/10/2025 STANARD AND ASSOCIATES INC 24.00 5007057 10/10/2025 T R KARRELS S C 27,600.00 5007058 10/10/2025 TODD MUEHRER 31.50 5007059 10/10/2025 TRUGREEN PROCESSING CENTER 1,437.50 5007060 10/10/2025 WI STATE LABORATORY OF HYGIENE 31.00 5007061 10/10/2025 VOID PRESS LLC 622.34 5007062 10/10/2025 WINNEFOX LIBRARY SYSTEM 417.81 5007063 10/10/2025 ZILLGES MATERIALS INC 6,287.03 1,558,059.08 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME AMOUNT 113261 09/02/2025 MANUAL 27018 UMR 40.00 113271 09/02/2025 MANUAL 27018 UMR 2,080.00 113281 09/02/2025 MANUAL 27018 UMR 49.53 113291 09/02/2025 MANUAL 27018 UMR 27.75 113301 09/02/2025 MANUAL 27018 UMR 77.40 113311 09/02/2025 MANUAL 27018 UMR 212.40 113321 09/02/2025 MANUAL 27018 UMR 15.75 113331 09/02/2025 MANUAL 27018 UMR 77.40 113341 09/02/2025 MANUAL 27018 UMR 237.60 113351 09/02/2025 MANUAL 27018 UMR 172.80 113361 09/02/2025 MANUAL 27018 UMR 15.75 113371 09/02/2025 MANUAL 27018 UMR 237.60 113381 09/02/2025 MANUAL 27018 UMR 52.20 113391 09/02/2025 MANUAL 27018 UMR 237.60 113401 09/02/2025 MANUAL 27018 UMR 157.64 113411 09/08/2025 MANUAL 27018 UMR 90,491.42 113421 09/08/2025 MANUAL 27018 UMR 40.00 113431 09/08/2025 MANUAL 27018 UMR 515.55 113441 09/08/2025 MANUAL 27018 UMR 1,419.06 113451 09/08/2025 MANUAL 27018 UMR 1,680.30 113461 09/08/2025 MANUAL 27018 UMR 237.60 113471 09/08/2025 MANUAL 27018 UMR 77.40 113481 09/08/2025 MANUAL 27018 UMR 15.75 113491 09/08/2025 MANUAL 27018 UMR 3,244.50 113501 09/08/2025 MANUAL 27018 UMR 77.40 113511 09/08/2025 MANUAL 27018 UMR 117.00 113521 09/08/2025 MANUAL 27018 UMR 18.00 113531 09/08/2025 MANUAL 27018 UMR 325.80 113541 09/08/2025 MANUAL 27018 UMR 162.90 113551 09/08/2025 MANUAL 27018 UMR 325.80 113561 09/08/2025 MANUAL 27018 UMR 325.80 113571 09/08/2025 MANUAL 27018 UMR 334.80 113581 09/08/2025 MANUAL 27018 UMR 383.74 113591 09/08/2025 MANUAL 27018 UMR 408.90 113601 09/15/2025 MANUAL 27018 UMR 41.93 113611 09/15/2025 MANUAL 27018 UMR 20,000.00 113621 09/15/2025 MANUAL 27018 UMR 67.40 113631 09/22/2025 MANUAL 27018 UMR 128,957.10 113641 09/22/2025 MANUAL 27018 UMR 27.37 113651 09/22/2025 MANUAL 27018 UMR 223.95 113661 09/22/2025 MANUAL 27018 UMR 40.00 113671 09/29/2025 MANUAL 27018 UMR 242.56 113681 09/29/2025 MANUAL 27018 UMR 1.92 113691 09/29/2025 MANUAL 27018 UMR 306.99 113701 09/29/2025 MANUAL 27018 UMR 10.28 990902251 09/02/2025 MANUAL 27018 UMR 2,863.82 990908251 09/08/2025 MANUAL 27018 UMR 10,498.77 990915251 09/15/2025 MANUAL 27018 UMR 4,464.85 990922251 09/22/2025 MANUAL 27018 UMR 9,219.96 990929251 09/29/2025 MANUAL 27018 UMR 4,237.12 999090225 09/02/2025 MANUAL 27018 UMR 83,254.49 999090825 09/08/2025 MANUAL 27018 UMR 223,561.70 999091525 09/15/2025 MANUAL 27018 UMR 120,967.19 999092225 09/22/2025 MANUAL 27018 UMR 139,585.07 999092925 09/29/2025 MANUAL 27018 UMR 143,502.51 TOTAL 995,968.12 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 14567 09/01/2025 ASSOCIATED BANK MERCHANT SERVICES 339.45 14631 09/01/2025 BANKCARD USA 486.60 14649 09/02/2025 DELTA DENTAL OF WISCONSIN INC 5,318.51 14650 09/03/2025 DELTA DENTAL OF WISCONSIN INC 11,567.43 14651 09/10/2025 DELTA DENTAL OF WISCONSIN INC 8,728.31 14652 09/17/2025 DELTA DENTAL OF WISCONSIN INC 8,173.00 14653 09/24/2025 DELTA DENTAL OF WISCONSIN INC 10,855.05 14654 09/12/2025 DELTA DENTAL OF WISCONSIN INC 60,000.00 14655 09/11/2025 BANK ONE 165,382.30 14656 09/01/2025 CITY OF OSHKOSH 1,068.22 14657 09/03/2025 OSHKOSH AREA COMMUNITY FOUNDATION 50.00 14658 09/01/2025 MISSION SQUARE 72,963.20 14659 09/12/2025 MISSION SQUARE 70,339.05 14660 10/14/2025 MISSION SQUARE 69,974.05 14661 09/30/2025 SOFTERWARE INC 52.73 14662 09/04/2025 TASC 128.68 14663 09/16/2025 TASC 24,243.14 14664 09/30/2025 TASC 24,243.14 14665 09/30/2025 UMR 126,116.65 14666 09/30/2025 US BANK 86,006.26 14667 09/12/2025 US TREASURY 386,503.43 14668 09/26/2025 US TREASURY 379,487.90 14669 09/10/2025 WI DEPT OF REVENUE 79,763.56 14670 09/17/2025 WI DEPT OF REVENUE 5,868.27 14671 09/12/2025 WI DEPT OF SAFETY AND PROFESSIONAL SERVICES 180.00 14672 09/30/2025 WI DEPT OF TRANSPORTATION 588.00 14673 09/16/2025 WI DEPT OF WORKFORCE DEVEL-UI 1,933.75 14674 09/23/2025 WI RETIREMENT SYSTEM 1,022,985.86 14675 09/26/2025 WI DEPT OF REVENUE 75,519.17 2,698,865.71 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 14676 10/17/2025 ADVANTAGE POLICE SUPPLY INC 344.50 14677 10/17/2025 AIRGAS USA LLC 3,136.64 14678 10/17/2025 ALRO STEEL CORPORATION 155.93 14679 10/17/2025 AMERICAN FENCE CO 450.00 14680 10/17/2025 BROOKS TRACTOR INC 1,650.00 14681 10/17/2025 CAREW CONCRETE & SUPPLY CO INC 3,598.00 14682 10/17/2025 CASEY M CANADY 96.60 14683 10/17/2025 CENTURYLINK 40.50 14684 10/17/2025 CINTAS CORPORATION NO 2 497.98 14685 10/17/2025 CORE AND MAIN LP 23,777.79 14686 10/17/2025 DORNER INC 448,026.13 14687 10/17/2025 DR HANSEN PLUMBING LLC 46,636.87 14688 10/17/2025 EDWARD H WOLF AND SONS INC 19,682.85 14689 10/17/2025 ENVIROTECH EQUIPMENT 392.18 14690 10/17/2025 ENVISIONINK PRINTING SOLUTIONS INC 2,301.00 14691 10/17/2025 FERGUSON WATERWORKS #1476 1,800.00 14692 10/17/2025 GALLAGHER BENEFIT SERVICES INC 6,000.00 14693 10/17/2025 HAROLD CARPENTER AND COMPLETE OVERHEAD 282.25 14694 10/17/2025 HUNTER SECURITY AND SURVEILLANCE 1,895.56 14696 10/17/2025 KONE INC 1,195.26 14697 10/17/2025 KWIK TRIP INC 471.16 14698 10/17/2025 MACQUEEN EQUIPMENT GROUP 3,484.27 14699 10/17/2025 MCC INC 9,613.73 14700 10/17/2025 MONROE TRUCK EQUIPMENT 1,150.70 14701 10/17/2025 MULCAHY/SHAW WATER INC 7,068.62 14702 10/17/2025 NORTHERN LAKE SERVICE INC 1,645.07 14703 10/17/2025 OSHKOSH CITY CAB CO INC 96,280.50 14704 10/17/2025 OSHKOSH CONVENTION AND VISITORS BUREAU INC 135,260.90 14705 10/17/2025 PACKER CITY INTL TRUCKS INC 172.66 14706 10/17/2025 PASSPORT LABS INC 4,430.14 14707 10/17/2025 POESCHL PRINTING COMPANY INC 111.00 14708 10/17/2025 POLYDYNE INC 1,404.00 14709 10/17/2025 POMP'S TIRE SERVICES INC 3,513.72 14710 10/17/2025 REBECCA GRILL 106.60 14711 10/17/2025 NES ECOLOGICAL SERVICES 11,259.48 14712 10/17/2025 ROLAND MACHINERY EXCHANGE 179.55 14713 10/17/2025 VC3 INC 6,316.00 14714 10/17/2025 TYLER TECHNOLOGIES INC 620.00 14715 10/17/2025 ON TIME EMBROIDERY INC 616.00 14716 10/17/2025 UNITED PARCEL SERVICE 62.73 14718 10/17/2025 VINTON CONSTRUCTION INC 234,947.02 14719 10/17/2025 WALLY SCHMID EXCAVATING INC 48,600.00 14720 10/17/2025 WASTE MANAGEMENT OF WI-MN 19,266.34 14721 10/17/2025 WESTWOOD PROFESSIONAL SERVICES INC 6,401.75 14722 10/17/2025 WI PUBLIC SERVICE CORP 10,844.97 14723 10/17/2025 WINNEBAGO COUNTY TREASURER 83,060.61 5007064 10/17/2025 ICMA 1,200.00 5007065 10/17/2025 TARGET SOLUTIONS LEARNING 12,431.00 5007066 10/17/2025 AARON ROBERTS 45.41 5007067 10/17/2025 ADVANCE CONSTRUCTION INC 2,030,868.99 5007068 10/17/2025 ANDY BALTADANO 41.02 5007069 10/17/2025 AT & T 932.65 5007070 10/17/2025 BADGER BALANCING LLC 1,250.00 5007071 10/17/2025 BOUND TREE MEDICAL LLC 1,689.59 5007072 10/17/2025 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 304,276.39 5007073 10/17/2025 BRAD FOX 32.08 5007074 10/17/2025 BRENDEN BONNETT 65.63 5007075 10/17/2025 BRITTNEY MEYER 23.10 5007076 10/17/2025 CALNIN AND GOSS LLC 143,306.71 5007077 10/17/2025 CORPORATE NETWORK SOLUTIONS INC 185.00 5007078 10/17/2025 CRAIG A RAMTHUN 21.00 5007079 10/17/2025 DEREK RADEMACHER 37.80 5007080 10/17/2025 DISCOVERY PROPERTIES LLC 41,624.77 5007081 10/17/2025 ENRIQUE ORTEGA 160.30 5007082 10/17/2025 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 100.00 5007083 10/17/2025 FUSION FOOTWEAR CORPORATION 799.00 5007084 10/17/2025 GALLS LLC 1,416.42 5007085 10/17/2025 HASTINGS AIR ENERGY CONTRL INC 8,021.00 5007086 10/17/2025 HENRY SCHEIN INC 531.60 5007087 10/17/2025 JACOB DEDERING 105.00 5007088 10/17/2025 JACOBSON CONTRACTING LLC 10,500.00 5007089 10/17/2025 JAKE TIMM 133.98 5007090 10/17/2025 JASON ELLIS 29.40 5007091 10/17/2025 JEWELL ASSOCIATES ENGINEERS INC 10,747.00 5007092 10/17/2025 KANE COMMUNICATIONS GROUP 22,908.25 5007093 10/17/2025 KATHRYN D FOOTIT 44.00 5007094 10/17/2025 KIMBERLY GIERACH 53.20 5007095 10/17/2025 KLINK HYDRAULICS LLC 53.90 5007096 10/17/2025 KODI PARKER 91.70 5007097 10/17/2025 LANSWEEPER INC 2,628.00 5007098 10/17/2025 LEIGH SCHUH 131.60 5007099 10/17/2025 LUDWIGS PLUMBING 5,400.00 5007100 10/17/2025 JERICHO ROAD MINISTRIES INC 2,938.05 5007101 10/17/2025 MARIA FLETCHER 42.00 5007102 10/17/2025 MATTHEW BERNDT 2,500.00 5007103 10/17/2025 MATTHEW ZIEGLER 46.46 5007104 10/17/2025 CENTRAL WI AUTO PARTS 438.81 5007105 10/17/2025 NICHOLAS DROVER 87.94 5007106 10/17/2025 NORTHERN TELEPHONE & DATA CORP 400.45 5007107 10/17/2025 ALZHEIMER'S ACCOCIATION 109.75 5007108 10/17/2025 CONSERVICE SYNERGY 27.36 5007109 10/17/2025 GENEVIEVE PELIOTES 50.74 5007110 10/17/2025 GUARANTY CLOSING & TITLE SERVICES INC 77.59 5007111 10/17/2025 GUARANTY CLOSING & TITLE SERVICES INC 130.54 5007112 10/17/2025 MASHUDA CONTRACTORS 2,372.66 5007113 10/17/2025 MITCH GARSON 12.99 5007114 10/17/2025 OSHKOSH HOUSING AUTHORITY 257.10 5007115 10/17/2025 RICHARD OR RIETTA HENDRICKSON 46.72 5007116 10/17/2025 RYAN S OR KRISTIN T BUIKEMA 46.72 5007117 10/17/2025 SCHMITT TITLE LLC 53.43 5007118 10/17/2025 THE LARRY W NANCY L WRIGHT TRUST 73.16 5007119 10/17/2025 TITAN PROPERTY MANAGEMENT LLC 134.12 5007120 10/17/2025 VANTAGEPOINT PROPERTY MANAGEMENT 39.91 5007121 10/17/2025 CITY OF OSHKOSH 50.00 5007122 10/17/2025 CITY OF OSHKOSH 7,543.50 5007123 10/17/2025 OSHKOSH HERALD LLC 423.76 5007124 10/17/2025 PAULA JEAN STEINERT 150.00 5007125 10/17/2025 PHIL STEFFENS 48.05 5007126 10/17/2025 RAMBOLL AMERICAS ENGINEERING SOLUTIONS INC 4,780.14 5007127 10/17/2025 RAYS SANITATION LLC 400.00 5007128 10/17/2025 REALTORS ASSOCIATION OF NORTHEAST WISCONSIN INC 556.00 5007129 10/17/2025 REGISTRATION FEE TRUST 6.00 5007130 10/17/2025 RIESTERER & SCHNELL INC 174.46 5007131 10/17/2025 ROBERT REWOLINSKI 9.80 5007132 10/17/2025 ROBERTO MARTINEZ 74.83 5007133 10/17/2025 SCOTT LAMERS CONSTRUCTION LLC 5,395.00 5007134 10/17/2025 STREICHER'S 553.75 5007135 10/17/2025 THE HOME DEPOT PRO 1,072.01 5007136 10/17/2025 THE HOME DEPOT PRO 55.88 5007137 10/17/2025 THEDACARE LABORATORIES 42.50 5007138 10/17/2025 TMDE CALIBRATION LABS INC 366.50 5007139 10/17/2025 TRUGREEN PROCESSING CENTER 112.06 5007140 10/17/2025 UNITED MAILING SERVICES INC 4,667.11 5007141 10/17/2025 VERSATERM PUBLIC SAFETY US INC 2,863.78 5007142 10/17/2025 WAUPACA METALFAB 250.00 5007143 10/17/2025 WERNER ELECTRIC SUPPLY CO 14,880.20 5007144 10/17/2025 WMA BILLETING FUND 615.00 5007145 10/17/2025 WI DEPT OF TRANSPORTATION 16,138.59 5007146 10/17/2025 WISCONSIN SUPERIOR PAINTING AND COATING LLC 1,080.00 3,922,928.47 D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Approve Common Council Minutes 10.14.2025 A t t a c h m e n t sAttachments Minutes 10.14.2025 D R A F T CITY CO UNCIL MINUTES 1 0 .1 4 .2 0 2 5 Presen t:Brad Span bau er; Jacob Floam ; Karl Bu elow ; Matt Mu gerau er, Mayor Absen t:Joe Steph en son , Depu ty Mayor; DJ Nich ols Staff:R ebecca G rill, City Man ager; Lyn n Loren son , City Attorn ey; Ch eryl Pion k e, In terim City Clerk WORKSHOP (4:00p m, Room 404) Th e O sh k osh Com m on Cou n cil w ill h old a work sh op to discu ss th e proposed 2 0 2 6 Capital Im prov em en t Plan (CIP) an d th e proposed 2 0 2 6 City of O sh k osh O peratin g Bu dget. Th e w ork sh op will be h eld at 4 :0 0 pm in R oom 4 0 4 of City Hall. Work sh op m aterials CALL TO ORDER (6 :0 0 pm ) ROLL CALL INVOCATION - VOTING FIRST Cou n cilor Span bau er PLEDGE OF ALLEGIANCE PROCLAMATION ISSUED (Issu ed ah ead of m eetin g ) 2 5 th An n iv ersary of Ascen sion Mercy, O ctober 6 , 2 0 2 5 PUBLIC STATEMENTS TO COUNCIL CONSENT AGENDA ITEMS R eport of Bills Au g u st 2 0 2 5 Fin an cial R eports R eceipt an d filin g of claim filed with th e City's in su ran ce com pan y -- Kev in G abriel R eceipt an d filin g of claim filed with th e City's in su ran ce com pan y -- Jon as Petersen Approv e Com m on Cou n cil m eetin g m in u tes, 0 9 .2 3 .2 0 2 5 Res 25-514 Disallowan ce of claim -- Den n is Stron g Res 25-516 Approv e lan d acqu isition from Virgin ia Taw awili, tru stee of th e R obert Th om as Martin Irrev ocable Tru st dated Ju n e 1 6 , 2 0 2 1 , of Portion of tax ID parcel n o. 0 1 8 -0 0 5 7 (3 1 2 3 Jack son Street) for Con tract 2 4 -0 5 Fern au Av en u e Exten sion Con stru ction ($2 ,3 0 0 .0 0 ) Res 25-517 Approv e ju risdiction al offer for lan d acqu isition from Pin e Apartm en ts IV, LLC an d West Poin te Ban k of portion of tax ID parcel n o. 1 5 -1 9 6 0 -2 3 0 0 (3 0 9 8 Jack son Street) for Con tract 2 4 -0 5 Fern au Av en u e Exten sion Con stru ction ($4 0 0 .0 0 ) Res 25-518 Approv e ju risdiction al offer for lan d acqu isition from Fox Valley Storag e, LLC of portion of tax ID parcel n o. 1 5 -1 9 6 0 -1 8 0 4 (3 7 0 West Fern au Av en u e) for Con tract 2 4 -0 5 Fern au Av en u e Exten sion Con stru ction ($5 0 0 .0 0 ) Res 25-519 Approv e lan d acqu isition from Lee J. Kien ast of portion of tax ID parcel n o. 0 1 8 -0 0 5 6 (3 1 0 5 Jack son Street) for Con tract 2 4 -0 5 Fern au Av en u e Exten sion Con stru ction ($1 ,0 0 0 .0 0 ) Res 25-520 Approv e Ch an g e O rder No. 1 (Fin al) for Pu blic Work s Con tract No. 2 4 -1 0 Park in g Lot Con stru ction / Vin ton Con stru ction Com pan y (+$1 1 ,4 4 1 .4 9 ) Res 25-521 Approv e am en dm en t to con tractor agreem en t w ith Badger Laboratories an d En gin eerin g , In c. for in du strial wastewater sam plin g an d an alysis serv ices (+$6 5 ,5 3 2 .0 0 ) Res 25-522 G ran t Priv ilege-in -th e-Street to Hydrite Ch em ical for priv ate u n dergrou n d telecom m u n ication lin e located in th e West Wau k au Av en u e righ t-of-way Res 25-523 Award bid to CISCO Distribu tin g , LLC for solar LED ligh t poles for th e Park s Departm en t - R u sch Trail ($3 7 ,2 0 0 .0 0 ) Res 25-525 Approv e Special Ev en t - Star Legacy Fou n dation to u tilize Sou th Park for th e Wav e of Ligh t Wiscon sin ev en t, O ctober 1 5 , 2 0 2 5 Res 25-526 Approv e Special Ev en t - In div isible Win n ebag o WI to u tilize R ain bow Mem orial Park an d O sh k osh Av en u e Bridge sidew alk s for th e No Kin g s Day rally, O ctober 1 8 , 2 0 2 5 Res 25-527 Approv e Special Ev en t - Ven u Work s of O sh k osh LLC to h ost a Cou n try Ch ristm as Con cert at th e O sh k osh Aren a, Decem ber 4 , 2 0 2 5 Res 25-528 Approv e Secon dh an d Article Dealer, Secon dh an d Jew elry Dealer, an d Pawn brok er Licen se Ch ristoph er Joh n son , O sh k osh Coin Exch an g e, 5 3 2 N Main St, O sh k osh Res 25-529 Approv e appoin tm en ts to th e follow in g boards, com m ittees, an d/or com m ission s: Extraterritorial Zon in g Com m ittee Lan dm ark s Com m ission Lon g R an g e Fin an ce Com m ittee Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed All Consent Items Above ITEMS REMOVED FROM CONSENT AGENDA Res 25-515 Approv e bu dg et am en dm en t to Police Departm en t's operatin g bu dg et for tech n olog y u pgrades ($1 0 ,2 0 0 .0 0 ) Motion To Approv e - Mayor Matt Mu gerau er Secon d By - Karl Bu elow AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed La yover till 10.28.2025 Res 25-524 Approv e 2 0 2 5 CIP bu dg et am en dm en t an d approv e cooperativ e pu rch ase of serv ice body from Mon roe Tru ck Equ ipm en t for Water Utility Div ision ($3 0 ,6 4 4 .0 0 ) Motion To Approv e - Mayor Matt Mu gerau er Secon d By - Jacob Floam AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed La yover till 10.28.2025 PENDING ORDINANCES Ord 25-530 Design ate 2 0 th Av en u e an d th e east driv eway of Traeg er Sch ool as Traffic Con trolled In tersection per Section 2 7 A-7 of th e Mu n icipal Code Lisa & Mich ael Hable, 2 9 5 0 W 2 0 th Av e, n ot in fav or of h av in g th is ligh t in stalled, em ailed cou n cil m em bers on th is issu e. Con cern ed abou t th e v alu e of th eir h om e an d also th e am ou n t of acciden ts th at cou ld h appen in th e fron t of th eir h om e. Mayor Mu g erau er ask ed if an yon e from th e sch ool district w as presen t. Joh n Bieberitz, from TADI In c, th e traffic en gin eer w h o did th e traffic im pact an alysis w as th ere an d spok e. Mayor Mu g erau er h ad qu estion s abou t wh eth er th is w as solv in g problem s, or creatin g m ore problem s. Both Span bau er an d Floam ech oed wh at Mayor Mu eg au er h ad stated. Cou n cilor Bu elow stated th at if staff recom m en ded th is, h e is in fav or. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Karl Bu elow No:Brad Span bau er, Jacob Floam , Mayor Matt Mu gerau er 1 - 3 Failed Ord 25-531 Am en d Section s 2 -1 9 , 2 -2 0 an d create Ch apter 2 Article VII-1 of th e City of O sh k osh Mu n icipal Code, all pertain in g to creation an d en forcem en t of ru les on City properties Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Ord 25-532 Am en d Section 2 -1 0 (A) of th e City of O sh k osh Mu n icipal Code to rem ov e th e requ irem en t th at th e an n u al Cou n cil O rg an ization al Meetin g be h eld at 1 2 :0 0 n oon Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed NEW ORDINANCES Ord 25-533 Approv al of speed lim it ch an g e on Witzel Av en u e (CTH E) - 3 0 m ph from O h io Street to th e city lim its Cou n cilor Floam w an ted to th an k th e residen ts wh o reach ed ou t so w e were able to m ak e th ese ch an ges. Mayor Mu gerau er ech oed wh at cou n cilor Floam stated. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Ord 25-534 Approv e am en dm en t to Ch apter 2 , Section 2 -3 8 of th e O sh k osh Mu n icipal Code redu cin g th e size of th e Bu sin ess Im prov em en t District Board Sara R u tk owsk i is in fav or of ch an g in g th e am en dm en t to ch apter2 , section 2 -3 8 , w h ich wou ld ch an ge th e board m em ber size from 1 2 people to 7 people. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed NEW RESOLUTIONS Res 25-535 Accept resign ation s an d adju st term s of BID Board m em bers Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Res 25-536 Approv e Ag reem en t for Sale of Sou th west In du strial Park Lan d to Kin gsbu ry, In c. ($2 5 0 ,0 0 0 .0 0 ) Don Waryn sk i, 8 6 0 0 O ak Hill R d, O m ro -- h ere in case an yon e h as an y qu estion s. Sara R u tk owsk i g av e little back grou n d on th is project, excited to see wh at is to com e. Cu n cilor Bu elow wan ted to th an k all wh o w ere in v olv ed in th is project. Mayor Mu g erau er w an ted to th an k Kin g sbu ry for w an tin g to dev elop in th is area. Cou n cilor Floam also wan ted to th an k Kin gsbu ry an d staff for g ettin g th is pu t tog eth er. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Res 25-537 Approv e am en dm en ts to TID #4 3 dev elopm en t ag reem en ts w ith Mill on Main LLC for ph ases I, II, an d III Sara R u tk owsk i stated th at Mill on Main is work in g on com pletin g ph ase 1 , receiv ed a letter from th em look in g to get an exten sion on ph ase 2 an d 3 . Explain ed th ere were deadlin es th at n eeded to be com pleted in a certain tim e, an d th ey will cu rren tly n ot m eet th ose deadlin es. Th ey are ask in g for a 7 -m on th exten sion an d to n ot in cu r a pen alty. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Res 25-538 Accept Com preh en siv e En ergy Plan (Su stain ability Adv isory Board recom m en ds acceptan ce) Cou n cilor Span bau er wan ted to th an k City staff for all th eir h elp on th is, an d for th e stu dies th at h av e tak en place, giv es th e city option s on w h ere to pu t ou r dollars. Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed Res 25-539 Add a 2 4 -h ou r tim ed perm it park in g option av ailable th rou g h an app to th e City's down town park in g lots (Tran sportation Com m ittee recom m en ds approv al) Motion To Approv e - Karl Bu elow Secon d By - Brad Span bau er AYE:Brad Span bau er, Jacob Floam , Karl Bu elow, Mayor Matt Mu gerau er 4 - 0 Passed COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Discussion a nd Direction to City Manag er Future Ag end a Items, Meetings, a nd Workshops Bu dg et work sh op - O ctober 1 5 , 2 0 2 5 , 5 - 7 pm (if n eeded) Pu blic h earin g for 2 0 2 6 City of O sh k osh O peration s Bu dg et, Nov em ber 4 , 2 0 2 5 , 5 pm COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Board, com m ittee, an d com m ission v acan cies (Mu g erau er) Mayor Mu g erau er talk ed abou t th e position s th at are cu rren tly open on boards an d com m ittees, also talk ed on th e cu rren t position th at is open on cou n cil cu rren tly. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Profession al Serv ices Agreem en t w ith Target Solu tion s for Train in g Man agem en t System Softw are for th e O sh k osh Fire Departm en t ($3 7 ,2 9 3 .0 0 ) Profession al Serv ices Agreem en t w ith Hu n ter Secu rity & Su rv eillan ce System s, LLC for facility secu rity equ ipm en t for th e Police Departm en t ($5 0 ,3 8 5 .7 4 ) Cu rren t in itiativ es CLOSED SESSION (R oom 4 0 4 , City Hall) Th e Com m on Cou n cil m ay con v en e in to Closed Session pu rsu an t to Section 1 9 .8 5 (1 )(e) of th e Wiscon sin State Statu tes w h ere com petitiv e bargain in g reason s requ ire a closed session to discu ss bargain in g option s, strategy, param eters an d term s related to th e poten tial redev elopm en t an d/or acqu isition of property located at 1 0 1 Com m erce Street an d 2 0 1 Pearl Av en u e in th e City of O sh k osh , com m on ly k n ow n as City Cen ter. Back g rou n d in form ation for closed session ADJOURN 6:48 p.m. SUBMITTED BY CHER YL PIO NKE, INTER IM CITY CLER K THE FULL AUDIO /VIDEO R ECO R DING O F THIS MEETING IS AVAILABLE O N O UR WEBSITE THE FULL TR ANSCR IPT O F THIS MEETING IS AVAILABLE O N THE YO UTUBE PLAYBACK CHANNEL D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-540 Approve resolution of support for City grant application for "Grants for Local Projects" program A t t a c h m e n t sAttachments Res 25-540 10/28/2025 25-540 RESOLUTION PURPOSE: APPROVE RESOLUTION OF SUPPORT FOR THE CITY OF OSHKOSH'S GRANT APPLICATION UNDER THE "GRANTS FOR LOCAL PROJECTS" PROGRAM INITIATED BY : MAYOR MATT MUGERAUER WHEREAS, the City of Oshkosh is preparing a grant application under the Non-State Grant Program as established by the 2025 Wisconsin Act 15, also known as the "Grants for Local Projects" program, designed to provide funding to non-state organizations for capital infrastructure projects that benefit the public; and WHEREAS, the Grand Oshkosh is undertaking a significant renovation project amounting to $10 million to enhance the 142-year-old historic theater's facilities and improve accessibility, maintaining its critical role in providing public access to the arts for nearly 150 years; and WHEREAS, the City of Oshkosh has committed $5 million toward the renovation, with the Grand Oshkosh raising an additional $5 million+ to meet the total project cost; and WHEREAS, the "Grants for Local Projects" program offers a $2 million funding match for construction projects that support both economic and community development, as part of an initiative by Governor Tony Evers aimed at empowering local organizations to undertake vital community development projects, further enhancing Wisconsin's infrastructure and quality of life; and WHEREAS, the successful acquisition of this grant ensures continued support and access to arts within the Oshkosh community, thereby bolstering local economic and cultural development, while reducing the overall impact on taxpayers by lowering their contribution to $3 million; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Oshkosh Common Council fully supports the City of Oshkosh's application for funding under the "Grants for Local Projects" program to aid in the renovation of the Grand Oshkosh, recognizing the profound impact this project will have on the community's cultural and economic vitality for all residents of Oshkosh and the wider community. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-541 Approve Sanitary District Agreement with Algoma Sanitary District No. 1 (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Alg om a San itary District No. 1 . For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e agreem en t an d discrepan cies fou n d in cu rren t m appin g th e agreem en ts in clu de prov ision s allowin g th e m aps to be u pdated ov er th e term of th e agreem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey w ill rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps will n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e agreem en t in accordan ce with approv ed ch an g es. Term s specific to th e Alg om a San itary District in clu de: A tim elin e for v ariou s city properties cu rren tly serv ed by th e district to be tran sferred to th e City for serv ice. Th ere are 4 areas th at will be tran sferred: Area 1 w ill tran sfer im m ediately an d in clu des Hav en w ood Driv e, Fox Fire Driv e, two parcels off Kirk w ood Driv e an d th e Moon Farm property on Witzel Av en u e. Area 2 w ill tran sfer in 1 0 years an d in clu des properties off of Maryden R oad an d Wyldewood Driv e Area 3 w ill tran sfer in 2 0 years an d in clu des th e rem ain in g parcels sou th of Hig h w ay 2 1 . Th is area w ill requ ire relocation of a m eterin g station an d relayin g of pipe prior to tran sfer. Area 4 m ay be added after 2 0 years an d in clu des city parcels in th e area n orth of Hig h w ay 2 1 . Th e City of O sh k osh an d Town of Alg om a h av e a lon g stan din g bou n dary agreem en t an d th is ag reem en t in clu des a m ap of th e in ten ded serv ice area for th e district related to th at bou n dary ag reem en t an d to sh ow th e parties in ten tion for fu tu re m ap u pdates to th e san itary districts as n oted abov e. Upon approv al of th is agreem en t th e City will issu e an approv al for th e O lde Apple Acres su bdiv ision san itary sewer. City staff h ad n ot approv ed th is con n ection prev iou sly du e to th e lack of an ag reem en t betw een th e parties. City properties w ith in th e san itary district will be billed by th e Algom a San itary District in th e sam e m an n er th at th ey are cu rren tly billed u n til th eir tran sfer to th e City u n der th e tim elin e abov e. F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-541 ASD Master Agreement 10/28/2025 25-541 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH ALGOMA SANITARY DISTRICT NO. 1 (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Algoma Sanitary District No. 1 for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 City of Oshkosh and Algoma 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 the Algoma 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 3477 Miller Drive, Oshkosh, Winnebago County, Wisconsin 54904 (“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 Page 2 of 36 Whereas, the Parties intend the foregoing provisions are contractual in nature and not to be construed as mere recitals to this Agreement. 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 Page 33 of 36 Attn: City Attorney If to the District: Algoma Sanitary District No. 1 3477 Miller Drive Oshkosh, WI 54904 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Algoma Sanitary District No. 1. SANITARY DISTRICT __________________________________________ District President __________________________________________ District Secretary 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 !"#$41 !"#$41 ·$21 ·YTNUOC"E OMRO RDOMRO RD WITZEL AVWITZEL AV 9TH ST RD9TH ST RD W 9TH AVW 9TH AV N OAKWOOD RD N OAKWOOD RD LLEEOONNAARRDD PPTT RRDD NNWWAASSHHBB UU RR NN SS TT CLAIRV ILLE RD CLAIRV ILLE RD OAKWOOD RD OAKWOOD RD I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum A pg 1 of 5.mxd Algoma Sanit a ry Di st ri ct Algoma Sanit a ry Di st ri ct User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary AlgomaSanitary District#1 WinnebagoCounty Parcels 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 1000 2000ft Printing Date: 10/17/2025Prepared by: City of Oshkosh, WI 1 in = 2,200 ft 1 in = 0.42 mi Last Updated 10-17-2025 Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC. Addendum A page 1 of 5 Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit WITZEL AVWITZEL AV S OAKW OOD R D S OAKW OOD R D N OAKWOOD RD N OAKWOOD RD FFOOXX FF II RREEDDRR KIRKWOOD DR KIRKWOOD DR BARTON R D BARTON R D MANOR DRMANOR DR QQ UUAAIILLRRUUNN DD RR LULLABYE RD LULLABYE RD ROLLING GR EEN CIR ROLLING GR EEN CIR RADDISON AVRADDISON AV Q U A I L C TQUAIL C T I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum A pg 2 of 5.mxd Algoma Sanit a ry Di st ri ct Tra ns fe r Area Algoma Sanit a ry Di st ri ct Tra ns fe r Area User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary WinnebagoCounty Parcels AlgomaSanitary District#1 G REC UnitsDistrict ?Not Served 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 ¯ 0 175 350ft Printing Date: 10/15/2025Prepared by: City of Oshkosh, WI 1 in = 350 ft 1 in = 0.07 mi DistrictConnectionPoint to CityMH 06-1032MH 06-1035MH 06-1308 Last Updated 10-02-2025 Sewer Service Area Boundaryand SSA Planning AreaBoundary are based oninformation from ECWRPC. Addendum A page 2 of 5 Oshkosh City LimitOshkosh City Limit WITZEL AVWITZEL AV N OAKWOOD RD N OAKWOOD RD N WESTHAVEN DR N WESTHAVEN DR HAVENWOOD DRHAVENWOOD DR WWYY LLDD EE WW OOOODD DDRR MARYDEN RD MARYDEN RD SECURITY DR SECURITY DR DANBE RDDANBE RD BB AA RR TT OO NN RR DD NNOOEELL CCTT SU N N Y B R O O K D R SU N N Y B R O O K D R I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum A pg 3 of 5.mxd Algoma Sanit a ry Di st ri ct Tra ns fe r Area Algoma Sanit a ry Di st ri ct Tra ns fe r Area User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary WinnebagoCounty Parcels AlgomaSanitary District#1 Future Transferto City Area 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 ¯ 0 170 340ft Printing Date: 10/15/2025Prepared by: City of Oshkosh, WI 1 in = 340 ft 1 in = 0.06 mi Last Updated 10-02-2025 DistrictConnectionPoint to CityMH 06-1436 Sewer Service Area Boundaryand SSA Planning AreaBoundary are based oninformation from ECWRPC. Addendum A page 3 of 5 Oshkosh City LimitOshkosh City Limit !"#$41 !"#$41 ·$21 OMRO RDOMRO RD NN WW AA SS HH BB UU RR NN SS TT N KOELLER ST N KOELLER STNN WW EE SSTTHHAAVVEENNDDRR O M R O R DOMRO R D W E S T O W N E A V W E S T O W N E A V PATRIOT LAPATRIOT LA CONRAD ST CONRAD ST SHERRIN ST SHERRIN ST BR O O K S L A BR O O K S L A KEWAUNEE ST KEWAUNEE ST WW II LL LL OO WW BB EENNDD LL AA SPRINGMILL DRSPRINGMILL DR EAST WAY DREAST WAY DR W I L L O W S P R I N G S R D W I L L O W S P R I N G S R D SSEECC DRR L I N WAY C TLINWAY C T I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum A pg 4 of 5.mxd Algoma Sanit a ry Di st ri ct Tra ns fe r Area Algoma Sanit a ry Di st ri ct Tra ns fe r Area User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary WinnebagoCounty Parcels AlgomaSanitary District#1 Future Transferto City Area #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 ¯ 0 250 500ft Printing Date: 10/15/2025Prepared by: City of Oshkosh, WI 1 in = 500 ft 1 in = 0.09 mi Last Updated 10-15-2025 DistrictConnectionPoint to CityMH 16-1192 Sewer Service Area Boundary and SSA PlanningArea Boundary are based on information fromECWRPC. Addendum A page 4 of 5 BBEELLLLHHAAVVEENNLLAA RRAAVVIINNEEWWAAYYRROOSSEELLAAWWNNLLAA SS WW AA LL LL OOWWBBAANN KK SS LL AA SSTTOONNEEGGAATTEE DDRR LL AA KK EE LL AA NN DD DD RR SS PP EE NNCCEERRCCTT H A V E N C T H A V E N C T LANSING HIGH PTLANSING HIGH PT I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum A pg 5 of 5.mxd Algoma Sanit a ry Di st ri ct Algoma Sanit a ry Di st ri ct User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary WinnebagoCounty Parcels AlgomaSanitary District#1 #Y Sanitary LiftStations District SanitarySewer 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 ¯ 0 250 500ft Printing Date: 10/16/2025Prepared by: City of Oshkosh, WI 1 in = 500 ft 1 in = 0.09 mi Last Updated 10-15-2025 Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC. Addendum A page 5 of 5 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 agree that the following timeline will control the transfer of service and transfer of District Collection System infrastructure to the City. Properties served by the District shall continue to be served and billed by the District until transferred to the City under the timeline listed below. When an area is transferred, it shall include the transfer of all of District’s Collection System infrastructure and easements within the defined area. Upon transfer, the City shall assume ownership of the infrastructure, shall be responsible for all maintenance and repair, and shall be responsible for billing for any customers within the transferred area. A map of the transfer areas is included with this Addendum and incorporated herein. Any costs to relocate a metering device, reroute, or relay pipes required to facilitate these customer transitions is to paid by the City. a. Immediately: Area 1 will be added to the City DMA immediately (as soon as practicable) –Area 1 includes Havenwood, Fox Fire and two parcels off Kirkwood and the Moon Farm property (parcel 0623010000 located along Witzel Avenue). Due to this immediate transfer, the lift station costs to serve the residents along Havenwood will not be added to ASD’s rate calculations since this area will move to City as soon as practicable. b. 10 Years: Area 2 will be added to the City DMA 10 years after the execution of this Agreement, or as soon as practicable thereafter. Area 2 includes Maryden and Wyldewood. This transfer will require the relaying of some pipes and potential relocation of metering. c. 20 Years: Area 3 will be added to the City DMA 20 years after the execution of this Agreement, or as soon as practicable thereafter. Area 3 includes the area south of Hwy 21. This transfer will require the relocation of the metering station to Brooks & Hwy 21 and will require the relaying of pipe from the current manhole to a new manhole. d. 20 Years or Longer: Area 4 may be added to the City DMA 20 years after the execution of this Agreement. Area 4 includes the area north of Hwy 21. It is understood that due to the physical layout, the parcels in this area that do not abut Westhaven may need to stay on District pipe until there is significant reconstruction in this area. 2) There will be no payment owed for the transfer of assets or easements described in Section 1 above. The City will prepare a Bill of Sale, Assignments of Easements, or similar documents to evidence the transfer of ownership of assets and infrastructure as may be required. 3) The parties recognize that the boundaries of the current service area, boundaries of the District DMA area, and area identified in the Town of Algoma Boundary Agreement with the City are not the same. A map indicating the intended service areas of the parties is included with this addendum. 4) The District may petition for 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. 5) The City will not object to ASD requests to ECWRPC and WDNR to extend ASD’s DMA boundaries in the Town of Algoma and Town of Omro north of 9th street road extended to the west. The City will agree to serve areas north of 9th Street Road that are included within ASD’s DMA and within allocated capacities. 6) The District will not object to the City’s requests to ECWRPC and WDNR to extend the City’s SSA/DMA in any area annexed to the City of Oshkosh. 7) Upon execution of this Agreement, the City will issue an Approval for the Olde Apple Acres Sanitary Sewer. The City will approve future sanitary connections without unreasonable delay 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. 8) Pursuant to Section VII(F) of the Master Agreement, the parties hereby agree to adopt an alternative billing method for all parcels located within the City that are served by the District. The default method under the Master Agreement is that compensation to a district for service to City parcels is addressed through a flow/billing adjustment. In this case, the District is electing to receive payment for its services directly by billing the parcels it serves within the City. Consequently, Section VII(F) provisions will not apply to the District and there will not be flow or billing adjustments for parcels served within the City. 9) Pursuant to Addendum B, the District's Allocated Capacity is 10.4% of the Wastewater Treatment Facility, distributed across multiple Connection Points. Acquiring additional capacity requires a formal amendment as outlined in Section IV(C) of the Agreement. However, if the Allocated Capacity remains unchanged and the Parties solely desire to adjust the distribution of the Allocated Capacity among the then existing Connection Points, a formal amendment to the Agreement is not needed. This modification can be agreed upon by the Parties' representatives, with consideration for any Collection System limitations. Such agreement shall be documented in a written Memorandum of Understanding, with a new Addendum B attached to the Agreement reflecting the revised distributions and the date of the change. The City's representative is the Director of Public Works and the District's representative is the District President. 4 3 2 Oshkosh City LimitOshkosh City Limit !"#$41OOMMRROORRDD WITZEL AVWITZEL AV N OAKWOOD RD N OAKWOOD RD NNWWAASSHHBB UU RR NN SS TT S OAKW OOD R D S OAKW OOD R D S WESTHAVEN DR S WESTHAVEN DR SS WW AA SS HH BB UU RR NN SS TT ABBEY AVABBEY AV SSCCEENNIICC DDRR FFOOXXFFIIRREE DD RR KIRKWOOD DR KIRKWOOD DR RAN- LIE S T RAN- LIE S T WESTBROOK DR WESTBROOK DR BARTON R D BARTON R D WWYYLL DD EE OO AA KK DD RR GG RR EEEENNFFIIEELLDD TT RR MANOR DRMANOR DR WWEESSTTMMOOOORR RR DD OOAAKKPPAARR KK DD RR SSUUNNNNYYBBRROO OO KK DD RRWYLDEWOOD RDWYLDEWOOD RD OOAAKK CC RREESSTTDDRR DANBE RDDANBE RD EAST WAY DREAST WAY DR NOEL C TNOEL C T BLAKE CTBLAKE CT WWEESSTTMM OO OO RR RR DD I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum D pg 1 of 3.mxd A l g o m a S a n i t a r y D i s t r i c t T r a n s f e r A r e a sAlgoma S a n i t a r y D i s t r i c t T r a n s f e r A r e a s User: megane Future Transferto City Area Immed iate DMAAdjustment 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 ¯ 0 460 920ft Printing Date: 10/16/2025Prepared by: City of Oshkosh, WI 1 in = 900 ft 1 in = 0.17 mi Last Updated 10-15-2025 Addendum D page 1 of 2 !"#$41 ·$21 ·YTNUOC"E OMRO RDOMRO RD WITZEL AVWITZEL AV W 9TH AVW 9TH AV9TH ST RD9TH ST RD N OAKWOOD RD N OAKWOOD RD LLEEOONNAARRDD PPTT RRDD NNWWAASSHHBB UU RR NN SS TT CLAIRV ILLE RD CLAIRV ILLE RD S OAKWOOD RD OAKWOOD RD I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Algoma\Algoma Addendum D pg 2 of 2.mxd ASD Long Term Service AreaASD Long Term Service Area User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary WinnebagoCounty Parcels City of OshkoshMunicipalBoundary Line ASD Long TermService Area 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 1000 2000ft Printing Date: 10/17/2025Prepared by: City of Oshkosh, WI 1 in = 2,100 ft 1 in = 0.4 mi Last Updated 10-17-2025 Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC. AddendumDpage 2 of 2 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-542 Approve Sanitary District Agreement with Black Wolf Sanitary District No. 1 (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . Th e Algom a San itary District an d Black Wolf San itary District h av e both approv ed th e agreem en t. A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Black Wolf San itary District No. 1 . For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e agreem en t an d discrepan cies fou n d in cu rren t m appin g th e agreem en ts in clu de prov ision s allowin g th e m aps to be u pdated ov er th e term of th e agreem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey w ill rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps will n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e agreem en t in accordan ce with approv ed ch an g es. Term s specific to th e Black Wolf San itary District in clu de: Th e City of O sh k osh an d Town of Black Wolf h av e a lon gstan din g bou n dary ag reem en t an d th is agreem en t in clu des a m ap from th at bou n dary agreem en t to sh ow th e parties in ten tion for fu tu re m ap u pdates to th e san itary district as n oted abov e. Th e area in clu ded with in th e District in th is case is qu ite large an d wou ld v ery lik ely exceed th e District's capacity u n der th e san itary districts agreem en t if fu lly dev eloped. Th e District h ad som e con cern th at ev en cu rren tly th ey m ay requ ire addition al capacity. To th at en d, in con n ection w ith approv al of th is ag reem en t th e Tow n of Black Wolf San itary District is also pu rch asin g an addition al 0 .5 % of allocated capacity for $2 6 4 ,0 7 0 .0 0 . F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-542 Black Wolf Master Agreement 10/28/2025 25-542 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH BLACK WOLF SANITARY DISTRICT NO. 1 (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Black Wolf Sanitary District No. 1 for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 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. Page 2 of 36 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Black Wolf Sanitary District No. 1. BLACK WOLF SANITARY DISTRICT NO. 1 __________________________________________ District Chairman __________________________________________ District Secretary 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 ·_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 KOELPIN RD COUNTRY CLUB RD COUNTRY CLUB RD SWISS RD SWISS RD F O N D D U L A C R D F O N D D U L A C R D EE FFIISS KK AA VV COUNTRY CLUB RD COUNTRY CLUB RD 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 5 O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t F O N D D U L A C R D F O N D D U L A C R D W E L L E D RWELLE D R JACOB AVJACOB AV ISAAC LAISAAC LA JOHNSON AVJOHNSON AV CCHH EERRRRYY PPAARRKK C C TT E D G E W A T E R L A E D G E W A T E R L A TAL BOT LATALBOT LA OOLLDD OO RR CC HHAARRDD LL AA JUR KINS LAJURKINS LA OAK LAND LAOAKLAND LA ECHO RESORT LAECHO RESORT LA E D G E W A T E R L A E D G E W A T E R L A 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 5 ·_45·YTNUOC"R FISK AVFISK AV COUNTRY CLUB RD COUNTRY CLUB RD E FISK AVE FISK AV W RIPPLE AVW RIPPLE AV FF OO NN DD DD UU L L AA CC RR DD SSTTOONNEEFFII EE LL DD DD RR AA PP PP LL EE LL AA E FIS K A V E FIS K A V E RIPPLE AVE RIPPLE AV SSTTOONNEEWWOO OO DD DD RR B B A A YY VV I I EE WW LL AA PPAAUU--KKOO--TT UU K K L L AA WW II N N DD EE RR MM EE RR EE LL AA 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 5 ·_45 KOELPIN RD KOELPIN RD LL AA KK EE RR DD E NEKIMI AVE NEKIMI AV FAHRNWALD RD FAHRNWALD RDSSTTRREEIICC HH LL AA 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 ·_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 5 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. Lake Winnebago zoowgj N FISK ii undetelmin~d Time Frame .City Expansion Area cia: OJ=>...Jo WI-;0 in oo Rural Preservation Area cia: >-a:I-p;-...- Z rn=>rn0s::::J0rn'"zo~a:oo<5 AVE.AVE.LONE ELM 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 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-543 Approve Sanitary District Agreement with Edgewood-Shangri La Sanitary District No. 1 (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . Th e Algom a San itary District an d Edgewood Sh an g ri La District h av e both approv ed th e ag reem en t. A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Edgewood Sh an g ri La San itary District No. 1 . For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e agreem en t an d discrepan cies fou n d in cu rren t m appin g th e ag reem en ts in clu de prov ision s allow in g th e m aps to be u pdated ov er th e term of th e ag reem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey will rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps w ill n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e ag reem en t in accordan ce w ith approv ed ch an g es. Term s specific to th e Edgewood Sh an g ri La San itary District in clu de: Tran sfer of an existin g 1 8 " wastewater pipe from th e District to th e City. Th is pipe will serv ice m ore th an ju st th e District so th e City will be tak in g ov er th is pipe. In exch an g e for tran sfer of th e 1 8 " pipe, th e City h as ag reed to in stall a flow m eter an d in tegrated telem etry system for th is district to m on itor fu tu re flow. Un til su ch tim e as th at in stallation is com plete th e City will con tin u e cu rren t billin g practices with th is district wh ich in clu de billin g based u pon w ater m eter u sag e. After th at tim e billin g w ill be don e as prov ided in th e n ew m aster agreem en t. Th e Departm en t of Pu blic Work s estim ates th at th e flow m eter an d telem etry in stallation sh ou ld be com pleted in n o g reater th an 2 years tim e. F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-543 Edgewood Shangri La Agreement 10/28/2025 25-543 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH EDGEWOOD SHANGRI LA SANITARY DISTRICT (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Edgewood Shangri La Sanitary District for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 City of Oshkosh and Edgewood-Shangri La 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 the Edgewood-Shangri La 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 230 E. County Road Y, Oshkosh, Winnebago County, Wisconsin 54901 (“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 Page 2 of 36 Whereas, the Parties intend the foregoing provisions are contractual in nature and not to be construed as mere recitals to this Agreement. 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 Page 33 of 36 Attn: City Attorney If to the District: Edgewood-Shangri La Sanitary District No.1 230 E. County Road Y Oshkosh, WI 54901-1404 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Edgewood- Shangri La Sanitary District No. 1. SANITARY DISTRICT __________________________________________ District President __________________________________________ District Secretary 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 Oshkosh City LimitOshkosh City LimitRYF RDRYF RD S H A N G R I - L A P T R D S H A N G R I - L A P T R D EDGEWOOD RD EDGEWOOD RD EE DD GGEEWWOOOODDLLAA I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Edgewood_Shangri-La\Edgewood_Shangri-La Addm A pg 1 of 3.mxd E d g e w o o d /S h a n g r i -L a S a n i t a r y D i s t r i c tEdgewood/S h a n g r i -L a 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 Edgewood -Shangri LaSanitary District #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 ¯ 0 300 600ft Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI 1 in = 600 ft 1 in = 0.11 mi Last Updated 10-14-2025 Add end um A p age 1 o f 3 Sewer Service Area Boundary and SSA Planning Area Boundary arebased on information from ECWRPC. Hold Areas are not shown. Oshkosh City Limit Oshkosh City Limit EE DD GG EE WW OO OO DD RR DD EEDDGGEEWWOOOODDLLAA HH EE M M L L O O C C KK CC TT FF RR AA SSEERRDDRR I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Edgewood_Shangri-La\Edgewood_Shangri-La Addm A pg 2 of 3.mxd E d g e w o o d S a n i t a r y D i s t r i c tEdgewood 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 Edgewood -Shangri LaSanitary District G REC UnitsDistrict ?Not Served 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 ¯ 0 150 300ft Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI 1 in = 300 ft 1 in = 0.06 mi Last Updated 10-14-2025 District Con nectio n Po int to CityMH 1 2-266 7 District Con nectio n Po int to CityMH 1 2-266 2 Add endum A page 2 of 3 Sewer Service Area Boundary and SSA Planning Area Boundary arebased on information from ECWRPC. Hold Areas are not shown. Oshkosh City LimitOshkosh City Limit RRYYFF RRDD S H A N G R I - L A P T R D S H A N G R I - L A P T R D EE DD GG EE WW OO OO DD LL AA I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Edgewood_Shangri-La\Edgewood_Shangri-La Addm A pg 3 of 3.mxd S h a n g r i -L a S a n i t a r y D i s t r i c tShangri-L a 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 Edgewood -Shangri LaSanitary District 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 ¯ 0 240 480ft Printing Date: 10/14/2025Prepared by: City of Oshkosh, WI 1 in = 480 ft 1 in = 0.09 mi Last Updated 10-14-2025 District Con nectio n Po int to CityMH 1 2-266 7 District Con nectio nPoint to City MH12-26 74 Add endum A page 2 of 3 Sewer Service Area Boundaryand SSA Planning AreaBoundary are based oninformation from ECWRPC.Hold Areas are not shown. 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 Edgewood Shangri-La SD 0.105%0.021 0.03675 0.04725 0.084 4,375 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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) Notwithstanding Section III(F) of the Agreement, the City, upon execution of this Agreement, shall immediately assume ownership of an 18” wastewater pipe, more particularly described as an 18” diameter sanitary sewer pipe, including all manholes and appurtenances, starting from and including the furthest existing upstream manhole in Ryf Rd. (approx. 2,500 west of the centerline of Edgewood Rd.) downstream, generally southeast, to where the sewer passes under the Wiouwash Trail. The City will prepare a Bill of Sale or similar document to evidence this transfer of ownership. There will be no payment for this pipe. The City shall also prepare Assignment and Assumption of Easements as may be necessary to complete this transfer of ownership and maintenance responsibilities. 2) Due to the transfer in ownership of the 18” pipe to the City, the City will pay for and install a flow meter and integrated telemetry system at the District’s lift station. Upon installation, the flow meter and telemetry system will be owned by the District, as will be evidenced by a Bill of Sale or similar document. The District will be responsible for maintenance and replacement of the meter and telemetry system as may become necessary. 3) Flow from the District will continue to be measured using water flow meters until 90 days following the City’s confirmation in writing that the flow meter and telemetry installed by the City are operating as designed in accordance with their respective specifications. Consequently, the prior agreement entered into between the Parties for the purpose of water meter reading, entitled “Agreement for Maintenance and Metering” and dated October 26, 1998 is hereby extended through installation of the flow meter and telemetry system. Within ninety (90) days of the flow meter and telemetry system installation, flow measurement will transition from water meters to the wastewater flow meter and REC for connections which do not flow through the wastewater meter. Additionally, the “Agreement for Maintenance and Metering” shall terminate 90 days after the flow meter installation. 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-544 Approve Sanitary District Agreement with Island View Sanitary District (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . Th e Algom a San itary District an d Islan d View District h av e both approv ed th e agreem en t. A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Islan d View San itary District. For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e ag reem en t an d discrepan cies fou n d in cu rren t m appin g th e ag reem en ts in clu de prov ision s allow in g th e m aps to be u pdated ov er th e term of th e agreem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey w ill rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps will n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e agreem en t in accordan ce with approv ed ch an g es. Term s specific to th e Islan d View San itary District in clu de: Clarification of own ersh ip an d m ain ten an ce respon sibilities w ith in th e existin g system . Clarification of th e im position of con n ection ch arges for n ew ly dev elopin g city parcels directly con n ectin g to district pipes. Clarification of th e calcu lation of th e city sh are of district lift station costs for city cu stom ers w h ose w astew ater flow s th rou gh th e district lift station . Agreem en ts to com m u n icate an d work togeth er for th e ben efit of all cu stom ers in th is area. F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. Th e City h as been payin g a sh are of th e lift station costs in th is area attribu table to city cu stom ers wh ose wastewater flows th rou g h th e lift station ; th e ag reem en t con tin u es th at practice. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-544 Island View Sanitary District Agreement 10/28/2025 25-544 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH ISLAND VIEW SANITARY DISTRICT (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Island View Sanitary District for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 City of Oshkosh and Island View Sanitary District 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 the Island View Sanitary District, 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 230 E. County Road Y, Oshkosh, Winnebago County, Wisconsin 54901 (“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 Page 2 of 36 Whereas, the Parties intend the foregoing provisions are contractual in nature and not to be construed as mere recitals to this Agreement. 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 Page 33 of 36 Attn: City Attorney If to the District: Island View Sanitary District 230 E. County Road Y Post Office Box 82 Winnebago, WI 54985 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Island View Sanitary District. SANITARY DISTRICT __________________________________________ Ron Harrell, District President __________________________________________ Vicky Rowe, District Secretary __________________________________________ Thomas Konrad, District Treasurer 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 ·YTNUOC"A IN DIAN P T RDINDIAN P T RD SSHH EE RR MM AA NN RR DD SUN NY VIE W RDSUNNYVIEW RD SHERMAN RD SHERMAN RD IISS LL AA NN DD VV II EE WW DD RR II--AA HH--MM AA YY TT AA HH RR DD KILLDEER LA KILLDEER LA CHANN EL VIEW DR CHANN EL VIEW DR GG RR UU NN DD MM AANNLLAA CHESA PEAKE CT CHESA PEAKE CT SS HH AA WW N N EEEE LLAA B B II TT TT EE R R SS W W EEEE TTLLAA COMANCHE LA COMANCHE LA RIMWOOD LA RIMWOOD LA I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Island View\Island View Addendum A pg 1 of 2.mxd I s l a n d V i e w S a n i t a r y D i s t r i c tIsland V i e w 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 Island ViewSanitary District District Servedby Contract 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 ¯ 0 740 1480ft Printing Date: 10/13/2025Prepared by: City of Oshkosh, WI 1 in = 1,500 ft 1 in = 0.28 mi Last Updated 10-13-2025 Sewer Service Area Boundary and SSA PlanningArea Boundary are based on information fromECWRPC. Hold Areas are not shown. Add endum A page 1 of 2 62 City REC Units Max Currently Served= 60 REC O sh k o s h C i t y Li mi tOshkosh C i t y Li mi t Oshkosh City Limit Oshkosh City Limit ·YTNUOC"A ·YTNUOC"Y SUN NYVIEW RDSUNNYVIEW RD SHERMAN RD SHERMAN RD SHE RM AN RD SHE RM AN RD IISSLLAANNDDVVIIEEWWDDRR ZZAACCHHEERRDDRR SS HH A A M M BB EE AA UU DDRR I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Island View\Island View Addendum A pg 2 of 2.mxd I s l a n d V i e w S a n i t a r y D i s t r i c tIsland V i e w S a n i t a r y D i s t r i c t User: megane Sewer ServiceArea Boundary SSA PlanningArea Boundary Island ViewSanitary District WinnebagoCounty Parcels G REC UnitsDistrict #REC Units City ?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: 10/15/2025Prepared by: City of Oshkosh, WI 1 in = 400 ft 1 in = 0.08 mi CityConn ectionPoints toDistictMH 1 5-171 2MH 1 5-172 1MH 1 5-172 5MH 1 5-172 7 District Con nection Point to CityMH 1 5-175 5 Last Updated 10-15-2025 Add endum A page 2 of 2 Sewer Service Area Boundary and SSA PlanningArea Boundary are based on information fromECWRPC. Hold Areas are not shown. 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 Island View SD 0.70%0.14 0.245 0.315 0.56 29,167 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 City SSA and District DMA boundaries need to be updated with ECWRPC to reflect actual boundaries. Either Party may petition for SSA amendment now or in the future, with any matching reduction in SSA area for District additions being 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. The Sewer Service Area Boundary and SSA Planning Area boundaries shown on Addendum A were created by ECWRPC. The Sanitary Sewer Service Area Planning Boundary identified on Addendum A is the area that the City of Oshkosh Wastewater Treatment Plant is authorized to serve. By entering into this Master Agreement containing the Addendum A map the District is not agreeing that either the “Sewer Service Area Boundary” and “SSA Planning Area Boundary”, are appropriate, and is not waiving any rights to challenge either or both of the boundaries as shown on Addendum A. 2) The following memorializes the understanding between the Parties as to infrastructure ownership by the City and District respectively, which is also identified on the Addendum A maps. a. The City owns, and has the responsibility of maintaining, the existing Collection System infrastructure, specifically pipes, located in the following areas: i. County Highway A from the connection point to the south, including the manhole at the connection point ii. Island View south of the intersection with Sunnyview Road iii. All City streets in the Island View Estates Subdivision and any additions thereto iv. Any future city-installed pipes b. The District owns, and has the responsibility of maintaining, the following existing Collection System infrastructure i. All lift stations located within the District ii. Pipes located in the following areas 1. Sunnyview Road – County Highway Y to intersection with Islandview 2. Island View Drive north of the intersection with Sunnyview Road 3. The easement between County Highway A and Sherman Road located approximately 1,050 feet south of the centerline of Sunnyview Road 4. Sherman Road from easement located approximately 1,050 feet south of the centerline of Sunnyview Road north to Sunnyview Road 5. County Highway A from the connection point north toward County Highway Y. The Parties agree that they will cooperate to execute a bill of sale or other documents to implement the above agreements if necessary. 3) Currently, there are undeveloped City parcels located south of Sunnyview Rd which were previously annexed from the boundaries of the District. The City agrees that when these undeveloped parcels connect to the District’s pipe in Sunnyview Rd., the District shall invoice the property owner a connection fee ($9,000 if a lateral stub already exists, $10,000 if it does not). The City will not charge any connection fee for these parcels. In the event of future connections to the other Party’s system, the Parties will work cooperatively to negotiate an equitable connection charge. 4) The District shall annually calculate and invoice the City for the proportionate share of lift station operating and maintenance costs for the one lift station through which City residents’ wastewater flows. The City’s portion of costs shall be calculated based on the percentage of City residential connections using the lift station compared to all connections using the lift station. The rate will be updated each year by entering the previous year’s actual expenses. Should the methodology for calculating the annual rate change, the District shall consult with the City prior to implementation. 5) The City agrees to disseminate utility information provided by the District to City customers within the District, upon request by the District. 6) The District may request periodic problem-solving assistance from the City. 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-545 Approve Sanitary District Agreement with Sunset Point Sanitary District (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . Th e Algom a San itary District an d Su n set Poin t District h av e both approv ed th e ag reem en t. A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Su n set Poin t San itary District. For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e ag reem en t an d discrepan cies fou n d in cu rren t m appin g th e ag reem en ts in clu de prov ision s allow in g th e m aps to be u pdated ov er th e term of th e agreem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey w ill rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps will n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e agreem en t in accordan ce with approv ed ch an g es. Term s specific to th e Su n set Poin t San itary District in clu de: Th e District requ ested com fort lan g u ag e reg ardin g th eir desig n capacity an d th e flow allotm en t u n der th e Master Ag reem en t. F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-545 Sunset Point Agreement 10/28/2025 25-545 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH SUNSET POINT SANITARY DISTRICT (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Sunset Point Sanitary District for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 City of Oshkosh and Sunset Point Sanitary District 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 the Sunset Point Sanitary District, 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 230 E. County Road Y, Oshkosh, Winnebago County, Wisconsin 54901 (“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 Page 2 of 36 Whereas, the Parties intend the foregoing provisions are contractual in nature and not to be construed as mere recitals to this Agreement. 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 Page 33 of 36 Attn: City Attorney If to the District: Sunset Point Sanitary District Post Office Box 192 230 E. County Road Y Oshkosh, WI 54901-1404 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Sunset Point Sanitary District. SANITARY DISTRICT __________________________________________ District President __________________________________________ District Secretary 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 O s h k o s h C it y L i m it O s h k o s h C it y L i m it Oshkosh City Limit Oshkosh City Limit !"#$41 !"#$41 ·_45 ·_45 L L A A K K E E B B U U T T T T E E DD EE SS MM OO RR TTSS DD RR A L G O M A B L V D A L G O M A B L V DWWEESSTTWWIINNDDRRDD BBEELLLLAAIIRREELLAA SUNSET PT LA SUNSET PT LA M A R I N E D R M A R I N E D R I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Sunset Point\Sunset Point San Dist Addm A pg 1 of 1.mxd S u n s e t P o i n t S a n i t a r y D i s t r i c tSunset P o i n t 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 SDDSCRP Sunset PointSanitary District #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 ¯ 0 300 600ft Printing Date: 10/13/2025Prepared by: City of Oshkosh, WI 1 in = 600 ft 1 in = 0.11 mi DistrictConnectionPoint to CityMH 1 2-125 8 Last Updated 10-13-2025 Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown. Add endum A page 1 of 1 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 Sunset Point SD 0.175%0.035 0.06125 0.07875 0.14 7,292 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 not all of the properties within the current District Boundaries are within the District’s current SSA or DMA. The District may petition for a SSA amendment to include the area south of Westwind Road now or in the future, which may require a matching reduction in SSA area identified within the District. If the District requests an SSA amendment, 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 of this area. The Sewer Service Area Boundary and SSA Planning Area boundaries shown on Addendum A were created by ECWRPC. The Sanitary Sewer Service Area Planning Boundary identified on Addendum A is the area that the City of Oshkosh Wastewater Treatment Plant is authorized to serve. By entering into this Master Agreement containing the Addendum A map the District is not agreeing that either the “Sewer Service Area Boundary” and “SSA Planning Area Boundary”, are appropriate, and is not waiving any rights to challenge either or both of the boundaries as shown on Addendum A. 2) The District requested a comparison of their Design Capacity to the Addendum B Flow Capacity Allocation. Using Addendum B and the 100 gal per person per day standard from the REC: Addendum B allocation = .0350 MGD average annual 125 x 3 x100 =37,500 gal or .0375 MGD 325 x 100 = 32,500 gal or .0325 MGD 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Lynn Lorenson, City Attorney D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-546 Approve Sanitary District Agreement with Winnebago Area Sanitary District (October 1, 2025 through December 31, 2045) B A C K G R O U N DBACKGROUND At its Septem ber 2 3 , 2 0 2 5 m eetin g th e Com m on Cou n cil approv ed a n ew Master Agreem en t for all san itary districts. As n oted at th at tim e, adden du m s with in div idu al districts rem ain ed ou tstan din g an d w ere requ ired to fin alize th e ag reem en ts. Th e adden du m s con tain m aps an d term s th at m ay be specific to each District. As an in cen tiv e to com plete th e adden du m in a tim ely m an n er staff offered to apply th e n ew con tractu al rates to 3 rd qu arter 2 0 2 5 billin g (th e con tractu al rates are lower th an th e n on - con tractu al rates th at th e districts are cu rren tly payin g), u pon fin al ag reem en t with th e largest district, th e Alg om a San itary District No. 1 , an d approv al by th e in div idu al districts in tim e for cou n cil con sideration at th e O ctober 2 8 , 2 0 2 5 cou n cil m eetin g . Th e Algom a San itary District an d Win n ebag o Area District h av e both approv ed th e agreem en t. A N A L Y S I SANALYSIS Th is resolu tion w ill approv e th e fin al San itary District Ag reem en t with th e Win n ebag o Area San itary District. For all districts, th e term of th e Ag reem en t is th rou g h Decem ber 3 1 , 2 0 4 5 . In addition , for all districts becau se of th e lon g term of th e agreem en t an d discrepan cies fou n d in cu rren t m appin g th e agreem en ts in clu de prov ision s allowin g th e m aps to be u pdated ov er th e term of th e agreem en t as serv ice areas are am en ded. Staff at East Cen tral Wiscon sin R egion al Plan n in g Com m ission (ECWR PC) h av e in dicated th at th ey w ill rev iew m aps in th e n ext year an d u pdate in accordan ce w ith th e ag reem en ts reach ed. Ch an g es to th ose m aps will n ot requ ire cou n cil approv al to u pdate th e m aps attach ed to th e agreem en t as th e ag reem en t an ticipates u pdatin g m aps ov er th e cou rse of th e agreem en t in accordan ce with approv ed ch an g es. Term s specific to th e Win n ebag o Area San itary District in clu de: Becau se th is is a v ery n ew District an in terim ag reem en t h ad been drafted to allow for th e creation an d con n ection of th is system to th e n ew system . Th at ag reem en t prov ided th at w h en a Master San itary Ag reem en t was approv ed th at th e Master San itary Ag reem en t w ou ld th en g ov ern th e prov ision of san itary sewer serv ices. Th e adden du m ack n owledges th at th e Master San itary Ag reem en t will n ow g ov ern prov ision s pertain in g to san itary sewer serv ices between th e parties. Th ere are two m ixed u se residen tial/com m ercial properties in th is area th at th e District believ es u tilize v ery little w ater an d wastewater serv ices, u pon con firm ation of th is an d for ease of th e district for th eir billin g , th e city ag reed th at th ose properties w ou ld be billed con sisten tly with all oth er residen tial properties in th e district. If th e u se w ou ld ch an g e th e parties ag reed th at th is w ou ld be rev iewed an d m ay be ch an g ed at th at tim e. F I S C A L I M P A C TFISCAL I M P A C T Approv al of th is Agreem en t w ill m ov e th is san itary district to billin g u n der th e n ew con tractu al rates wh ich are less th an th e cu rren t n on -con tractu al rates, bu t sav e th e City costs related to m on itorin g serv ice with a cu stom er n ot u n der a cu rren t ag reem en t an d en forcem en t of city ordin an ces in th e districts w h ich is a requ irem en t in clu ded w ith in th e con tractu al prov ision s for districts. As n oted in th e Septem ber 2 3 , 2 0 2 5 resolu tion approv in g th e Master Agreem en t, th e n ew agreem en t also allow s th e city to recou p th e costs of prov idin g serv ice to san itary districts in a con sisten t an d equ itable m an n er th at is reflectiv e of th e portion of w astew ater serv ices an d in frastru ctu re u sed by th e districts. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e proposed Ag reem en t. A t t a c h m e n t sAttachments Res 25-546 Winnnebago Area Agreement 10/28/2025 25-546 RESOLUTION PURPOSE: APPROVE SANITARY DISTRICT AGREEMENT WITH WINNEBAGO AREA SANITARY DISTRICT (OCTOBER 1, 2025 THROUGH DECEMBER 31, 2045) INITIATED BY : CITY ADMINISTRATION WHEREAS, at its September 23, 2025 meeting the Common Council approved a new Master Agreement for all sanitary districts; and WHEREAS, the Master Agreement governs general terms applicable to all districts and each district requires individualized maps and individual terms specific to their district; and WHEREAS, it is therefore necessary to approve a final agreement with each sanitary district; and WHEREAS, city staff and district representatives met and agreed to individualized attachments identifying boundaries, connection points and any necessary individualized provisions for each district; and WHEREAS, the District has approved the agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sanitary District Agreement with Winnebago Area Sanitary District for the provision of sanitary sewer and wastewater treatment service for the period from October 1, 2025 through December 31, 2045 is hereby approved and that the proper city officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and directed to apply contractual rates as provided for within this Agreement for services, including during the 3rd quarter of 2025, to be billed after the execution of this Agreement. Page 1 of 36 City of Oshkosh and Winnebago Area Sanitary District 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 the Winnebago Area Sanitary District, 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 230 E. County Road Y, Oshkosh, Winnebago County, Wisconsin 54901 (“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 Page 2 of 36 Whereas, the Parties intend the foregoing provisions are contractual in nature and not to be construed as mere recitals to this Agreement. 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. Page 3 of 36 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. Page 4 of 36 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 Page 5 of 36 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, Page 6 of 36 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 Page 7 of 36 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. Page 8 of 36 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. Page 9 of 36 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. Page 10 of 36 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. Page 11 of 36 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. Page 12 of 36 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 Page 13 of 36 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. Page 14 of 36 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. Page 15 of 36 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 Page 16 of 36 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. Page 17 of 36 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 Page 18 of 36 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 Page 19 of 36 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 Page 20 of 36 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. Page 21 of 36 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 Page 22 of 36 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. Page 23 of 36 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 Page 24 of 36 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 Page 25 of 36 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 Page 26 of 36 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 Page 27 of 36 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. Page 28 of 36 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. Page 29 of 36 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 Page 30 of 36 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. Page 31 of 36 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. 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 Page 33 of 36 Attn: City Attorney If to the District: Winnebago Area Sanitary District Post Office Box 71 230 E. County Road Y Oshkosh, WI 54901-1404 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] 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 Page 35 of 36 Dated this __________ day of ___________________________, 2025 for the Winnebago Area Sanitary District. SANITARY DISTRICT __________________________________________ District President __________________________________________ District Secretary 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 32 District REC Units 12 District REC Units 4 DistrictREC Units Oshkosh City Limit Oshkosh City LimitOshkosh City Limit Oshkosh City Limit ·YTNUOC"A SHERMAN RD SHERMAN RD BBUUTTLLEERRAAVV PICK ETT AVPICKETT AV SOUTH DRSOUTH DR BUTLER AV BUTLER AV I:\Engineering\Megan\Maps\Sanitary Districts\San Dist Maps\Winnebago Area\Winnebago Addendum A pg 1 of 1.mxd W i n n e b a g o A r e a S a n i t a r y D i s t r i c tWinnebago A r e a 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 WinnebagoArea SanitaryDistrict G REC UnitsDistrict ?Not Served 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 ¯ 0 100 200ft Printing Date: 10/13/2025Prepared by: City of Oshkosh, WI 1 in = 200 ft 1 in = 0.04 mi DistrictConnectionPoint to CityMH 1 5-164 2 Last Updated 10-13-2025 Sewer Service Area Boundary andSSA Planning Area Boundary arebased on information from ECWRPC.Hold Areas are not shown. Add endum A page 1 of 1 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 Winnebago Area SD 0.10%0.02 0.035 0.045 0.08 4,167 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. Pursuant to Paragraph 5 of the Winnebago Area Intergovernmental Utility Service Agreement, dated June 10, 2020, this Agreement shall replace the terms of the Winnebago Area Intergovernmental Service Agreement in relation to Sanitary Service in all respects. For the avoidance of doubt, the prior Agreement provided a means for billing based upon water service with an I&I factor adjustment, this Agreement provides that for residential properties that do not flow through a meter a REC will be used. Those properties that will be billed by a REC are identified on Addendum A to this Agreement. Also for the avoidance of doubt, the term of the June 10, 2020 Winnebago Area Intergovernmental Utility Service Agreement, pursuant to Paragraph 5, is hereby amended to coincide with the term of this Agreement. 2. The District currently serves two commercial properties, generally identified as 4060 County Road A, Winnebago, WI 54985 (a postal office) and 4050 County Road A, Oshkosh, WI 54901 (a bait and tackle shop) which they have requested be billed using a REC charge. The City is agreeable to using a REC charge upon review of the annual flow which shall be provided by the District. Further, the District shall notify the City promptly of any change of use for these properties and the City reserves the right require metering (through wastewater or water flow meters) if the usage of either property increases or changes. 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 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Sara Rutkowski, Community Development Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-547 Authorize submitting application to Wisconsin Economic Development Corporation for Community Development Investment Grant Program for the ADVOCAP Childcare Incubator B A C K G R O U N DBACKGROUND Staff is proposin g to su bm it a CDI gran t application to WEDC on beh alf of th e ADVO CAP Ch ildcare In cu bator project. Th e g ran t am ou n t sh all n ot exceed $2 5 0 ,0 0 0 an d th e fu n ds will be u sed to redev elop parcel 1 5 2 7 1 9 0 1 0 0 , located alon g th e 3 8 0 0 block of Jack son Street. ADVO CAP is proposin g a com m ercial project con sistin g of a m u lti-u n it daycare dev elopm en t w ith su rface park in g lots, oth er in frastru ctu re, an d site im prov em en ts, th at w ill address th e ch ildcare crisis an d su pport O sh k osh work force growth . Th e proposed project w ill con v ert existin g v acan t lan d in to a daycare facility an d h ost th e City's on ly ch ildcare in cu bator th at w ill allow at-h om e daycares to tran sition th eir bu sin ess in to a com m ercial space. A N A L Y S I SANALYSIS ADVO CAP will u tilize th e WEDC fu n ds an d oth er g ran t fu n ds to assist with th e redev elopm en t of 3 8 2 0 Jack son Street. Th e proposed com m ercial dev elopm en t alig n s w ith th e city's Com preh en siv e Plan . City staff h as w ork ed w ith ADVO CAP's represen tativ es in preparin g th e gran t application . A gran t dev elopm en t agreem en t w ill n eed to be approv ed by Com m on Cou n cil at a fu tu re m eetin g w h ich will ou tlin e h ow th e g ran t fu n ds will be disbu rsed an d oth er WEDC requ irem en ts th at n eed to be followed by th e City an d th e dev elopers. F I S C A L I M P A C TFISCAL I M P A C T Th ere are n o City fu n ds in clu ded in th e WEDC CDI gran t application or im plem en tation . Th e Dev eloper will be payin g for City's staff tim e for g ran t adm in istration - m ain ly th e g ran t draw s as n ecessary. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds th at Com m on Cou n cil approv es th e su bm ission of th e WEDC CDI gran t application an d accepts th e WEDC CDI g ran t fu n ds sh ou ld th ey be aw arded to th e City. A t t a c h m e n t sAttachments Res 25-547 10/28/2025 25-547 RESOLUTION PURPOSE: AUTHORIZE SUBMITTING APPLICATION TO WISCONSIN ECONOMIC DEVELOPMENT CORPORATION FOR COMMUNITY DEVELOPMENT INVESTMENT GRANT PROGRAM FOR THE ADVOCAP CHILDCARE INCUBATOR; ACCEPT FUNDS INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT the Wisconsin Economic Development Corporation (WEDC) has grant funds available for projects to support local initiatives by providing financial incentives for (re)development projects that are shovel-ready, community driven and with an emphasis on, but not limited to, downtown projects; and WHEREAS, local municipalities are an eligible applicant and can apply for said grant funds; and WHEREAS, the City is applying for said grant funds for the ADVOCAP proposed commercial project on the 3800 block of Jackson Street to offset development costs incurred. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to submit a Community Development Investment grant application on behalf of ADVOCAP to Wisconsin Economic Development Corporation to obtain funds for said purpose. BE IT FURTHER RESOLVED that if said grant funds are awarded, the proper City officials are hereby authorized and directed to accept said funds, pursuant to the terms of the grant application, and to execute any and all documents and assurances which may be required for purposes of same. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Ray Maurer, Parks Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-548 Accept Quarry Park master plan (Advisory Parks Board and Plan Commission recommend accepting) B A C K G R O U N DBACKGROUND Q u arry Park is an 8 .0 2 -acre parcel located on th e sou th side of O sh k osh on th e corn er of Kn app Street, Florida Av en u e an d W. 1 7 th Av en u e. Th e Park con sists of property from th ree adjacen t qu arries th at date back to th e 1 9 th cen tu ry. William Faber's O sh k osh Ston e Com pan y (5 0 feet deep) was th e last qu arry to close, operatin g u n til 1 9 5 4 . Th e City of O sh k osh pu rch ased or leased m ost of th e lan d for san itary lan dfills by 1 9 6 2 . By 1 9 6 8 , th e th ree lan dfills h ad been filled an d plan s were m ade for gradin g , fen cin g an d addin g park facilities. In 2 0 1 0 , th e city in stalled a v en t system in th e form er qu arry to safely m an ag e m eth an e lev els. In 2 0 2 4 , th e city h ired R ettler Corporation , a Stev en s Poin t based lan dscape arch itectu re, en gin eerin g , an d design firm to assist with creatin g th e Q u arry Park Master Plan . Sev eral com m u n ity in pu t m eetin g s w ere h eld with th e n eig h borh ood residen ts to listen to th ou gh ts, con cern s, an d desires for th e space. Th e first m eetin g w as h eld on April 3 0 , 2 0 2 4 , w ith city park s staff, AECO M staff, an d sev eral n eigh borh ood association m em bers. Sign ifican t topics in clu ded th e site h istory an d con strain ts. A rev iew m eetin g w as h eld with th e DNR on March 2 7 , 2 0 2 5 , to v erify w h at w as perm issible an d wh at wou ld n ot be possible. Th e secon d com m u n ity in pu t m eetin g was h eld on May 1 9 , 2 0 2 5 , in wh ich v ariou s poten tial am en ities w ere discu ssed, an d en ou gh in pu t gain ed to create two con cept plan s. Th e th ird m eetin g w as con du cted on Ju ly 2 8 , 2 0 2 5 , in wh ich both con cepts were presen ted an d fu rth er in pu t solicited. At th is m eetin g , th e g rou p w as u n an im ou s in th eir decision th at Con cept 2 , with som e m odification s, sh ou ld becom e th e basis for th e m aster plan . Th e Park s Departm en t staff su g gested som e rev ision s as well. After m ak in g th ese ch an ges, a cost estim ate was dev eloped for th e preferred con cept, an d both were presen ted to th e Adv isory Park Board on Septem ber 8 , 2 0 2 5 , wh ere th e Plan w as u n an im ou sly recom m en ded for approv al. Plan n in g staff h as rev iewed th e Plan an d is requ estin g th e Plan Com m ission m ak e a determ in ation th at it is con sisten t with th e City's Com preh en siv e Plan . A N A L Y S I SANALYSIS Th e Q u arry Park Master Plan is con sisten t with th e g oals listed in th e recen tly adopted Com preh en siv e O u tdoor R ecreation Plan (CO R P) callin g for dev elopin g lon g-ran ge m aster plan s for park s with in th e system . Th is plan also does n ot h av e an y con flicts w ith th e City's Com preh en siv e Plan or th e Zon in g O rdin an ce. R E C O M M E N D A T I O NRECOMMENDATION Th e Adv isory Park s Board an d th e Plan Com m ission each recom m en d acceptin g th e Q u arry Park Master Plan . Please see th e attach ed staff report for m ore in form ation . A t t a c h m e n t sAttachments Res 25-548 Quarry Park Master Plan 10/28/2025 25-548 RESOLUTION PURPOSE: ACCEPT QUARRY PARK MASTER PLAN INITIATED BY : PARKS DEPARTMENT ADVISORY PARKS BOARD RECOMMENDATION: Accept PLAN COMMISSION RECOMMENDATION: Accept WHEREAS, the City of Oshkosh adopted a Comprehensive Outdoor Recreation Plan in 2024; and WHEREAS, comprehensive plans provide a means of identifying, analyzing, promoting and responding to changes in the community; and WHEREAS, a comprehensive plan assists the City in the preparation of and competition for grants to improve park services and facilities; and WHEREAS, the Comprehensive Outdoor Recreation Plan recommended development of a Quarry Park Master Plan; WHEREAS, the plan has been reviewed by the Advisory Parks Board and Plan Commission; and WHEREAS, said plan will serve as a guide for making future decisions relating to improvements and development of Quarry Park NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Quarry Park Master Plan is hereby accepted and filed as guidance for future improvements and development of the park. Quarry Park Master Plan DRAFT | October 2025 Project No. 25.016 Oshkosh, Wisconsin Page 4 Prepared for: City of Oshkosh Parks Department 805 Witzel Avenue Oshkosh, WI 54902 Prepared by: Rettler Corporation 3317 Business Park Drive Stevens Point, WI 54482 October 2025 Page 5 City of Oshkosh Quarry Park Master Plan ACKNOWLEDGEMENTS The following persons provided critical input, support, and critique in the development of this document. The City of Oshkosh and Rettler Corporation wish to thank the following people for their time and assistance in developing this plan. City of Oshkosh City Council: Matt Mugerauer, Mayor Joseph Stephenson, Deputy Mayor Karl Buelow, Council Member Brad Spanbauer, Council Member Jacob Floam, Council Member Kris Larson, Council Member DJ Nichols, Council Member City of Oshkosh Advisory Park Board: Tim Franz, Seat 1 Becky Metz, Seat 2 Lester Millette, Seat 3 Amy Davis, Seat 4 Jacob Floam, Council Rep. Devon Hudak, Alternate 1 Steven Herman, Alternate 2 City of Oshkosh Staff: Ray Maurer, Parks Director Chad Dallman, Assistant Parks Director Travis Derks, Landscape Operations Manager/City Forester Jenny McCollian, Revenue Facilities Manager Rettler Corporation: John Kneer, ASLA, PLA, President Rebecca Ramirez, PLA Page 6 City of Oshkosh Quarry Park Master Plan TABLE OF CONTENTS Master Plan 1.0 Introduction ......................................................................................... 1 2.0 Site Analysis ....................................................................................... 3 3.0 Needs Assessment ............................................................................. 7 4.0 Master Plan Development .................................................................. 8 5.0 Cost Overview .................................................................................. 12 6.0 Conclusion ........................................................................................ 13 7.0 References ....................................................................................... 14 Appendix A. Detailed Cost Estimate Page 7 City of Oshkosh Quarry Park Master Plan P a g e | 1 1.0 INTRODUCTION Quarry Park consists of property from three adjacent quarries that date back to the 19th century. William Faber's Oshkosh Stone Company (50 feet deep) was the last quarry to close, operating until 1954. The City of Oshkosh then purchased or leased most of the land for sanitary landfills by 1962. By 1968, the three landfills had been filled and plans were made for grading, fencing and adding park facilities. In 2010, the city installed a vent system in the former quarry to safely manage methane levels. In 2025 the city partnered with Rettler Corporation, a Stevens Point based landscape architecture, engineering, and design firm to create the following Quarry Park Master Plan. Aerial view captured in 1937, illustrating historical quarry activity. Photo courtesy of the GeoData@Wisconsin, Aerial Photography, Winnebago County, WI 1937. Page 8 City of Oshkosh Quarry Park Master Plan P a g e | 2 Project Milestones April 30, 2024 Quarry Park Listening Session March 27, 2025 Quarry Park Discussion with DNR May 1, 2025 Follow Up Meeting (virtual) May 19, 2025 Neighborhood Input Meeting July 28, 2025 Neighborhood Input Meeting 2 Sept 8, 2025 Advisory Park Board Presentation Oct 21, 2025 Plan Commission Presentation Page 9 City of Oshkosh Quarry Park Master Plan Page | 3 2.0 SITE ANALYSIS Quarry Park is situated between Florida Avenue, Knapp Street, and W 17th Avenue, in the south- central part of the City of Oshkosh. Parcel #: 91307010000 Size: 8.02 acres Address: 925 Florida Avenue The site is predominately composed of open green space with only a few trees, all of which are located along the perimeter. In consequence of its former usage and history of fill, the site is undulating and rather flat, though sloping gently toward the east. The western two thirds are roughly four feet above the eastern third, with some brief 3% and 4% slopes between them. The lowest point is in the northeast corner. The highest point is at the southwest corner. Access is either by car, with street parking along Florida Avenue and W 17th Avenue, or by foot utilizing the local sidewalks and road crossings. According to the Wisconsin Department of Natural Resources Surface Water Data Viewer, there are no wetlands on the site, however there is one area of wetland indicator soils hatch in the middle of the eastern edge. A wetland delineation may be required before construction. While the surrounding area is composed of 7314B2 Kewaunee Silt Loam according to USDA NRCS Web Soil Survey, it’s uncertain what is actually in Quarry Park, given the site’s history of fill. Please refer to the following maps showing landfill limits, wetland indicator soils extents, and the site analysis. Page 10 07.21.25 07.21.25 WETLANDS & INDICATORS 07.21.25 SITE ANALYSIS City of Oshkosh Quarry Park Master Plan Page | 7 3.0 NEEDS ASSESSMENT Several community input meetings were held with the neighborhood residents to listen to thoughts, concerns, and desires for the space. The first meeting was held on April 30, 2024 with city parks staff, Paul Timm from AECOM, and several neighborhood association members. The parks director introduced the background, goals, and consultant. Then John Kneer with Rettler Corporation took the floor, describing the listening session and general park master planning process. After a brief presentation, he opened the discussion for comments and questions. Significant topics included the site history and constraints. A review meeting was held with the DNR on March 27, 2025 to verify what was permissible and what would not be possible. The second community input meeting was held May 19, 2025, in which various potential amenities were discussed and enough input gained to create two concept plans. The third meeting was conducted on July 28, 2025 in which both concepts were presented and further input solicited. At this meeting, the group was unanimous in their decision that Concept 2, with some modifications, should become the base for the master plan. The Oshkosh Parks Department staff suggested some revisions as well. After making these changes, a cost estimate was developed for the preferred concept, and both were presented to the Advisory Park Board on September 8, 2025. Page 14 City of Oshkosh Quarry Park Master Plan P a g e | 8 4.0 MASTER PLAN DEVELOPMENT CONCEPT 1 In this concept, 6-ft wide gravel trails form two large loops within the park. Entry trail connections, decorated with stone outcroppings and native plantings, connect each corner of the park to the loop. A central viewing area is positioned at the top of the 3-4% slope transition. Near the center of the site, an east-west 300’x150’ mowed multiuse grass area is preserved for impromptu neighborhood games. Large parts of the site will be dedicated to naturalized prairie areas with educational signage. Site amenities include boulder seating and picnic tables. Existing trees are preserved and approximately nine additional trees will be added in areas well outside the landfill limits. A park identification sign will be placed near the northwest corner. CONCEPT 2 In this concept, the 6-ft wide gravel trails intersect the park, connecting the corners and providing paths through the park. Access points with landscaped stone outcroppings remain at each corner of the park. The trails meet at the center of the site in a small loop decorated with more outcroppings and seating. A viewing area is positioned at the top of the 3-4% slope transition. The 300’x150’ multiuse grass field area has been rotated to run north-south and is located in north-central part of the site. Naturalized prairie areas with educational signage are positioned to accommodate the paths and playing field. Site amenities include boulder seating and picnic tables. Existing trees are preserved and approximately twelve additional trees will be added in areas well outside the landfill limits. A park identification sign will be placed near the northwest corner. MASTER PLAN Concept 2 was preferred by a substantial margin. An intersecting trail through the park was selected in place of looped trails to better reflect community preferences and site accessibility goals. Changes from Concept 2 included altering the prairie areas somewhat, revising some path connections, and the addition of musical play equipment to the center of the park, creating something unique for children to interact with and encourage creative play. Construction may be phased, as funds allow. Page 15 STONE OUTCROPPINGS WITH PLANTINGS BOULDER SEATING 07.21.25 STONE OUTCROPPINGS WITH PLANTINGS BOULDER SEATING 07.21.25 STONE OUTCROPPINGS WITH PLANTINGS BOULDER SEATING BURKE PlayEnsemble NU-3128 BURKE Nucleus NU-3281 08.25.25 City of Oshkosh Quarry Park Master Plan P a g e | 12 5.0 COST OVERVIEW The following site development cost ranges have been derived from 2024 actual project construction costs. Redevelopment may be phased; therefore, the total cost should be evaluated by both individual elements and their phasing potential. Earthwork and Demolition $97,900.00 Utilities $15,000.00 Native Seeding Area $45,800.00 Walking Trails $58,400.00 Musical Play Equipment $32,100.00 Miscellaneous Amenities (Seating, Signage, Stone Outcroppings, etc.) $175,000.00 Construction Items Total $424,200.00 Contingency (at 10%) $42,500.00 Construction Estimate Subtotal $466,700.00 Geotechnical Borings $15,000.00 Project Soft Costs $39,670.00 Summary - Project Total $521,370.00 (See Appendix A for detailed cost estimate line items) Page 19 City of Oshkosh Quarry Park Master Plan P a g e | 13 6.0 CONCLUSION Quarry Park is an important resource to the surrounding community, as well as a memorial to Oshkosh’s limestone quarrying legacy. Not far away is the Robert Lutz house, designed by architect William Waters using stone from the nearby Lutz-owned quarry. The goal of the Quarry Park Master Plan is to transform the current open green space into a more functional park while addressing environmental concerns. Although Quarry Park’s status as a former landfill precludes many of the usual park amenities, with careful planning and a creative approach, the space can be transformed into a peaceful and scenic environment with abundant trails for recreation. The naturalized prairie areas offer a range of ecological and educational benefits. These areas will require minimal maintenance while supporting biodiversity, providing habitat for pollinators, birds, and other wildlife. At the heart of the park, a musical garden designed for children serves as an engaging and interactive centerpiece. We believe that redeveloping Quarry Park, following the input and concepts included in this document, will result in Quarry Park’s return to a focal point in the neighborhood and its continued position as an integral part of the City of Oshkosh Park System. Page 20 City of Oshkosh Quarry Park Master Plan P a g e | 14 7.0 REFERENCES ▪ City of Oshkosh. Information about parks, boards and committees, and GIS information. Retrieved from URL: o https://www.oshkoshwi.gov/ ▪ Oshkosh Parks Department. Ray Maurer, Parks Director, and other department staff and members, provided important information regarding the current needs and recommendations for the City of Oshkosh. ▪ USDA Natural Resources Conservation Service Web Soil Survey. o https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx ▪ Winnebago County Wisconsin. Mapping and GIS information. Retrieved from URL: o https://www.winnebagocountywi.gov/405/GIS-Department o https://www.winnebagocountywi.gov/407/Data-Download ▪ Wisconsin Department of Natural Resources. Surface Water Data Viewer. Retrieved from URL: o https://dnrmaps.wi.gov/H5/?Viewer=SWDV Page 21 City of Oshkosh Quarry Park Master Plan APPENDIX Page 22 City of Oshkosh Quarry Park Master Plan Appendix A Detailed Cost Estimate Page 23 PRELIMINARY COST ESTIMATE City of Oshkosh Oshkosh, Wisconsin Quarry Park Redevelopment Rettler Project No.: 25.016 Item Estimated Category No.Item Description Units Quantity Unit Price Extension Sub Total $97,900.00 1. Mobilization L.S. 1 $38,500.00 $38,500.00 2.General Demolition L.S. 1 $5,000.00 $5,000.00 3. Strip and Remove Topsoil, 6-inch depth S.Y. 2,880 $8.00 $23,040.00 4. Strip Topsoil, 6-inch depth S.Y. 1,220 $3.00 $3,660.00 5. Place Screened Topsoil, 6-inch depth S.Y. 1,220 $3.00 $3,660.00 6. Seed/Fertilize/Mulch Common Green Space (disturbed area along trails and outcroppings)S.F. 25,000 $0.50 $12,500.00 7. Erosion Control L.S. 1 $10,000.00 $10,000.00 8.Tracking Pad EACH 1 $1,500.00 $1,500.00 $15,000.00 9.Stormwater Management Allowance L.S. 1 $15,000.00 $15,000.00 $45,800.00 10.Native Seeding Area (Seed/Fertilize/Mulch)S.F. 91,600 $0.50 $45,800.00 WALKING TRAILS $58,400.00 11.Crushed Limestone @ 2" depth S.Y. 2,880 $8.00 $23,040.00 12.Base Aggregate Dense, 1-1/4-Inch, 6" depth S.Y. 2,880 $10.00 $28,800.00 13.Geotextile Fabric S.Y. 2,880 $2.25 $6,480.00 MUSICAL PLAY EQUIPMENT $32,100.00 14. Musical Playground Equipment PIECE 5 $6,000.00 $30,000.00 15.Concrete, 5-inch depth (equipment area)S.F. 255 $7.00 $1,785.00 16.Dense Graded Base, 6-inch depth (equipment area)S.Y. 31 $7.00 $218.17 MISCELLANEOUS AMENITIES $175,000.00 17.Site Furniture Allowance L.S. 1 $15,000.00 $15,000.00 18.Site Outcropping Allowance L.S. 1 $125,000.00 $125,000.00 19.Educational Signage Allowance L.S. 1 $10,000.00 $10,000.00 20.Park Identification Sign L.S. 1 $15,000.00 $15,000.00 21.Site Landscaping Allowance (trees and plantings)L.S. 1 $10,000.00 $10,000.00 SUMMARY CONSTRUCTION ITEMS TOTAL:$424,200.00 CONTINGENCY at 10%:$42,500.00 CONSTRUCTION ESTIMATE SUBTOTAL:$466,700.00 SURVEY & GEOTECHNICAL BORINGS $15,000.00 DNR PERMITTING & APPROVALS TBD PROJECT SOFT COSTS $39,670.00 SUMMARY - PROJECT TOTAL $521,370.00 Notes: Topographic Survey not completed at time of study. Existing base map may impact cost estimate. Geotechnical study not completed at time of study. Soil conditions may impact cost estimate. UTILITIES September 2, 2025 EARTHWORK / DEMOLITION NATIVE SEEDING AREA Page 24 TO:Honorable Mayor and Members of the Common Council FROM:James Rabe, Director of Public Works DATE:October 28, 2025 SUBJECT:Res 25-549 Approve Wastewater Utility Operating Budget Amendment and Quote from Centrisys for Repair of Wastewater Treatment Plant Centrifuge ($84,140.00) BACKGROUND Th e Wastewater Treatm en t Plan t (WWTP) u tilizes tw o (2 ) Alfa Lav al cen trifu ges for th e dewaterin g of biosolids as part of th e w astew ater treatm en t process. Th ese cen trifu ges were origin ally in stalled in 1 9 9 6 an d h av e been m ain tain ed an d u pg raded, as n eeded. Th e biosolids g en erated are ben eficially re-u sed th rou g h th e application to ag ricu ltu ral fields in strict com plian ce with Wiscon sin Departm en t of Natu ral R esou rces (WDNR ) requ irem en ts. Th e cen trifu g es u n derg o an n u al clean in g an d in spection by WWTP staff, an d m ore frequ en tly, if n eeded. O peration s staff n oticed an in creasin g v ibration an d lower process efficien cy with th e #2 cen trifu g e after dew aterin g on e (1 ) of th e an aerobic dig esters for a 5 -year cycle clean in g earlier th is year. Staff partially disassem bled an d clean ed all accessible areas in h opes of elim in atin g th e v ibration . Th ese attem pts w ere u n su ccessfu l an d th e m ach in e h as exh ibited h igh er bearin g oil tem peratu res, h igh er v ibration sen sor readin g s, h ig h er am perage draw on th e m otors, an d decreased efficien cy resu ltin g in a h ig h er per-ton cost to dewater solids. Plan t staff prov ided in tern al pictu res an d diag n ostic readin gs to Cen trisys, th e com pan y wh o in spects, repairs, an d rebu ilds ou r cen trifu ges wh en n eeded. Upon th eir recom m en dation , w e sh ipped th e cen trifu ge to th eir facility in Ken osh a, Wiscon sin , w h ere th ey did a com plete disassem bly an d in spection . Th is in spection in dicated sev eral in tern al com pon en ts were sig n ifican tly w orn an d ou t of toleran ce, leadin g to th e poor perform an ce of th e m ach in e. A detailed report of th eir fin din g s w as prov ided to staff. Th e WWTP is cu rren tly ru n n in g w ith a sin gle cen trifu ge an d h as n o back u p for dewaterin g solids if th e rem ain in g cen trifu g e sh ou ld fail. Altern ativ e slu dg e/solids rem ov al m eth ods w ou ld be extrem ely costly an d requ ire perm ission from oth er g ov ern in g agen cies. Th e in ability to process solids w ou ld jeopardize th e operation of th e WWTP an d cou ld resu lt in perm it v iolation s an d correspon din g adm in istrativ e fin es an d pen alties from th e WDNR . ANALYSIS Th e WWTP's dewaterin g cen trifu ges are v ery specialized equ ipm en t. Th is work n eeds to be perform ed by a com pan y th at h as experien ce w ith th is type of equ ipm en t. Cen trisys h as perform ed th is work for th e WWTP in th e past an d h as don e an excellen t job at prov idin g th is serv ice in an efficien t an d cost-effectiv e m an n er. FISCAL IMPACT Fu n din g for th is repair is in th e 2 0 2 5 Wastewater Utility O peratin g Bu dg et (Accou n t No. 0 5 5 1 1 9 4 1 -6 4 1 7 /Solid Disposal-3 rd Party Con tracted Serv ice). Th e bu dget w ill be in creased by $6 0 ,0 0 0 to address th is cost. RECOMMENDATION Chap ter 12 of th e Mu n icipal Code of th e City of O sh k osh prov ides th at serv ices of a specialized n atu re, in clu din g pu rch ases, m ay be m ade with ou t a form al com petitiv e biddin g process w h en th e pu rch ase is from on ly on e sou rce of su pply or wh en stan dardization or com patibility is th e ov erridin g con sideration . I h av e rev iew ed th e qu ote an d, in accordan ce w ith Section 12- 11 of th e Code, I am h ereby recom m en din g th e Com m on Cou n cil approv e th is pu rch ase an d am en din g th e Wastewater Utility O peratin g Bu dg et. Atta chments Res 25-549 Centrisys Quote 10/28/2025 25-549 RESOLUTION PURPOSE: APPROVE WASTEWATER UTILITY OPERATING BUDGET AMENDMENT AND QUOTE FROM CENTRISYS FOR REPAIR OF WASTEWATER TREATMENT PLANT CENTRIFUGE ($84,140.00) INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, the Wastewater Treatment Plant utilizes two Alfa Laval centrifuges for the dewatering of biosolids as part of the wastewater treatment process and these centrifuges undergo annual cleaning and inspection by WWTP staff, and more frequently, if needed; and WHEREAS, Operations staff noticed an increasing vibration and lower process efficiency with the #2 centrifuge after dewatering one (1) of the anaerobic digesters for a 5-year cycle cleaning earlier this year; and WHEREAS, staff partially disassembled and cleaned all accessible areas in hopes of eliminating the vibration; and WHEREAS, these attempts were unsuccessful and the machine has exhibited higher bearing oil temperatures, higher vibration sensor readings, higher amperage draw on the motors, and decreased efficiency resulting in a higher per-ton cost to dewater solids; and WHEREAS, Plant staff provided internal pictures and diagnostic readings to Centrisys, the company who inspects, repairs, and rebuilds our centrifuges when needed, and upon their recommendation, we shipped the centrifuge to their facility in Kenosha, Wisconsin, where they did a complete disassembly and inspection; and WHEREAS, this inspection indicated several internal components were significantly worn and out of tolerance, leading to the poor performance of the machine; and WHEREAS, the Wastewater Treatment Plant is currently running with a single centrifuge and has no backup for dewatering solids if the remaining centrifuge should fail; and WHEREAS, alternative sludge/solids removal methods would be extremely costly and require permission from other governing agencies; and the inability to process solids would jeopardize the operation of the WWTP and could result in permit violations and corresponding administrative fines and penalties from the WDNR; and WHEREAS, the Wastewater Treatment Plant’s dewatering centrifuges are very specialized equipment and this work needs to be performed by a company that has experience with this type of equipment; and WHEREAS, Centrisys has performed this work for the Wastewater Treatment Plant in the past and has done an excellent job at providing this service in an efficient and cost-effective manner; and WHEREAS, the Common Council has adopted the 2025 Wastewater Utility Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2025 Wastewater Utility Operating Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 Wastewater Utility Operating Budget, on file in the City Clerk’s Office, is hereby amended as follows: Increase Account No. 05511941-6417-00000 (Solid Disposal-3rd Party Contracted Service) by $60,000. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate agreement with Centrisys for repair of Wastewater Treatment Plant centrifuge in the amount of eighty four thousand one hundred forty dollars ($84,140.00) Acct. No. 05511941-6417-00000 Solid Disposal – 3rd Party Contracted Service T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Justin Gierach, Engineering Division Manager/City Engineer D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-550 Approve Agreement with Winnebago Lawn & Snow, LLC for 2025/2026 Sidewalk Snow and Ice Removal and Establish Rates for 2025/2026 Sidewalk Snow and Ice Removal B A C K G R O U N DBACKGROUND Th e City of O sh k osh 's (City) Mu n icipal Code, S e c t i o n 2 5 -6 8Section 2 5 -6 8 , requ ires residen ts to rem ov e sn ow an d ice from sidewalk an d cu rb ram ps abu ttin g th eir property w ith in twen ty-fou r (2 4 ) h ou rs of cessation of sn ow fall. M u n i c i p a l C o d e S e c t i o n 2 5 -6 9 M u n i c i p a l C o d e S e c t i o n 2 5 -6 9 allow s th e City to rem ov e th e sn ow or ice an d bill th e property ow n er for th e cost of rem ov al. Each year, th e Departm en t of Pu blic Work s requ ests qu otes for perform in g th is work for th e u pcom in g win ter season . A N A L Y S I SANALYSIS Th e Departm en t of Pu blic Work s adv ertised for qu otation s in th e O sh k osh North western for perform in g 2 0 2 5 /2 0 2 6 sn ow an d ice rem ov al serv ices for th e City. A copy of th e requ est for qu ote w as e-m ailed to fou r (4 ) con tractors. Q u otes w ere receiv ed from on e (1 ) firm . Th e firm th at bid to perform th e work for th e 2 0 2 5 /2 0 2 6 win ter season w as Win n ebag o Lawn & Sn ow , LLC. F I S C A L I M P A C TFISCAL I M P A C T Th e fees th at will be ch arg ed by th e Con tractor for sn ow an d ice rem ov al for each property are billed to th e in div idu al property own er, resu ltin g in n o fiscal im pact to th e City. Property ow n ers are ch arg ed for th e w ork perform ed. Th e base price in clu des sn ow an d ice rem ov al for u p to on e h u n dred (1 0 0 ) feet. Addition al fees are ch arged for lon ger distan ces, h an dicap ram ps, an d oth er special serv ices. As a m atter of referen ce, th e ch arge for sn ow an d ice rem ov al for a lot with on e h u n dred (1 0 0 ) feet of fron tag e will be $1 7 5$1 7 5 . Th is in clu des an adm in istrativ e fee. Please n ote th at th is cost is a slig h t in crease (+$2 .0 0 ) from th e 2 0 2 4 -2 0 2 5 rate. R E C O M M E N D A T I O NRECOMMENDATION Th e Departm en t of Pu blic Work s recom m en ds th e Cou n cil award th is ag reem en t to Win n ebago Law n & Sn ow, LLC. A t t a c h m e n t sAttachments Res 25-550 Winnebago Lawn & Snow proposal 10/28/25 25-550 RESOLUTION PURPOSE: APPROVE AGREEMENT WITH WINNEBAGO LAWN & SNOW, LLC FOR 2025/2026 SIDEWALK SNOW AND ICE REMOVAL AND ESTABLISH RATES FOR 2025/2026 SIDEWALK SNOW AND ICE REMOVAL INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, the City will remove snow and ice from sidewalks and curb ramps when property owners fail to do so; and WHEREAS, the City requested quotes from private contractors to perform this work for the 2025/2026 winter season; and WHEREAS, costs for removal of snow and ice will be billed to the property owner. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate agreement with Winnebago Lawn & Snow, LLC, 2546 Omro Road, Oshkosh, for performing 2025/2026 snow and ice removal services within the City of Oshkosh as shown on the attachment to this Resolution. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from Acct. No. 01000430-6417-12001 – Streets-3rd Party Contracted Service-Snow Removal (to be reimbursed upon payment of the fee by property owners). BE IT FURTHER RESOLVED that the appropriate city officials are hereby authorized and directed to update the City Fee Schedule to reflect the fees for service as provided in the attachment to this Resolution plus any applicable administrative fees; and that such schedule as updated is hereby adopted and shall be effective for services rendered on and after October 28, 2025. TO:Honorable Mayor and Members of the Common Council FROM:Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager DATE:October 28, 2025 SUBJECT:Res 25-551 Approve Professional Services Agreement with Donohue & Associates, Inc. for Engineering Services for Wastewater Treatment Plant Raw Wastewater Screening System Replacement ($293,590.00) BACKGROUND A proposal w as requ ested from Don oh u e & Associates, In c. (Don oh u e) for prov idin g en gin eerin g serv ices for design an d biddin g serv ices for replacem en t of th e Wastew ater Treatm en t Plan t raw wastewater screen in g system . Th e serv ices to be prov ided w ill in clu de ev alu atin g altern ativ e m ech an ical bar screen in g open in g sizes an d con fig u ration s, option s for screen in g s w ash in g an d com pactin g , con v eyan ce altern ativ es for screen in gs h an dlin g , an d cu rren t in flu en t an d efflu en t gate con dition s at screen s in clu din g su rrou n din g con crete an d in corporate n eeded im prov em en ts; preparin g biddin g docu m en ts describin g th e w ork to rem ov e th e existin g system an d in stall a n ew , City-selected, screen in g system ; an d assistin g th e City w ith th e pu blic biddin g process. ANALYSIS Don oh u e was ch osen for th ese serv ices du e to th eir k n owledge of WWTP an d th eir experien ce w ith th is type of w ork at m u n icipal w astew ater facilities. FISCAL IMPACT Th e cost of th e proposal is $2 9 3 ,5 9 0 . Fu n din g for th is Project is av ailable in th e 2 0 2 5 Capital Im prov em en ts Prog ram (Accou n t No. 0 3 2 2 1 9 1 0 -7 2 0 4 -6 4 1 5 1 /Sew er Capital Fu n d-Mach in ery & Equ ipm en t/WWTP Plan t Equ ip R eplcm n t). RECOMMENDATION Chap ter 12 of th e Mu n icipal Code of th e City of O sh k osh prov ides th at profession al serv ices of a specialized n atu re, in clu din g en g in eerin g serv ices, m ay be procu red w ith ou t th e u se of form al, sealed qu otes. I h av e rev iewed th e proposal an d in accordan ce with Section 12-16 of th e Mu n icipal Code, I am h ereby recom m en din g th at th e Com m on Cou n cil approv e th is profession al serv ices agreem en t. Atta chments Res 25-551 26-15 Donohue Proposal 10/28/2025 25-551 RESOLUTION PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT RAW WASTEWATER SCREENING SYSTEM REPLACEMENT ($293,590.00) INITIATED BY : DEPARTMENT OF PUBLIC WORKS NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Donohue & Associates, Inc. for Engineering Services for Wastewater Treatment Plant Raw Wastewater Screening System Replacement in the amount of two hundred ninety three thousand five hundred ninety dollars ($293,590). Acct No. 03221910-7204-64151 Sewer Capital Fund-Machinery & Equipment-WWTP Plant Equip Replcmnt T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Justin Gierach, Engineering Division Manager/City Engineer D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-552 Approve Acceptance of Waiver of Special Assessment Notices and Hearings for 6" Concrete Sidewalk and Asphalt Driveway Relating to Contract No. 25-14 B A C K G R O U N DBACKGROUND Th is resolu tion allows th e City to assess abu ttin g property ow n ers for im prov em en ts to be com pleted du rin g th e con stru ction of th e Hawk Street cu l-de-sac. Th e assessable w ork will in clu de con crete sidewalk an d an asph alt driv eway. Th e property own er of th e property listed below h as sign ed a waiv er of all special assessm en t n otices an d h earin g s: 1 1 1 0 Hawk Street A N A L Y S I SANALYSIS Th is resolu tion allows City staff to proceed w ith preparin g special assessm en ts for th e abu ttin g property. F I S C A L I M P A C TFISCAL I M P A C T Assessm en ts allow th e City to recov er a portion of th e costs associated with projects from ben efitin g properties. Fu n din g for th e Project is in clu ded in th e 2 0 2 5 Capital Im prov em en t Prog ram in th e Street section (Accou n t #0 3 2 1 0 4 1 0 -6 8 0 1 -0 4 5 1 4 /Con tract Con trol-Pav in g- Park in g Lot Con stru ction ). R E C O M M E N D A T I O NRECOMMENDATION I recom m en d approv al of th is resolu tion . A t t a c h m e n t sAttachments Res 25-552 25-14 Waiver-1110 Hawk St 10/28/2025 25-552 RESOLUTION PURPOSE: APPROVE ACCEPTANCE OF WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS FOR 6” CONCRETE SIDEWALK AND ASPHALT DRIVEWAY REALTING TO CONTRACT 25-14 INITIATED BY : DEPARTMENT OF PUBLIC WORKS NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Waiver of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes, for public improvements and services pursuant to the initial resolution adopted May 27, 2025 and final resolution adopted October 28, 2025 for the premise described below is accepted and approved. 1110 Hawk Street T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Justin Gierach, Engineering Division Manager/City Engineer D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-553 Approve Final Resolution for Special Assessments for Contract 25-14 6" Concrete Sidewalk and Asphalt Driveway (1110 Hawk Street) A t t a c h m e n t sAttachments Res 25-553 10/28/2025 25-553 RESOLUTION PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR 6” CONCRETE SIDEWALK AND ASPHALT DRIVEWAY RELATING TO CONTRACT 25-14 / 1110 HAWK STREET WITH SIGNED WAIVER INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, the below-listed property owner receiving an assessment pursuant to the initial resolution #25-363 adopted on the 27th day of May, 2025, has signed an appropriate waiver waiving all special assessment notices and hearings required by Section 66.0703 of the Wisconsin Statutes; and WHEREAS, this resolution having been properly noticed for consideration by the Oshkosh Common Council on its agenda and the Council having heard all persons who wished to address them in relation to the initial resolution, waivers of public hearing, and report of the Board of Public Works and assessments against the benefited property identified as follows: 6” Concrete Sidewalk and Asphalt Driveway: 1110 Hawk Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That, pursuant to Section 62.16 of the Wisconsin Statutes, the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above-described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified, and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. T O :T O :Members of the Common Council F R O M :F R O M :Matt Mugerauer, Mayor D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-554 Approve appointments to the Long Range Finance Committee and the Oshkosh Housing Authority B A C K G R O U N DBACKGROUND In accordan ce with Section 2 -1 1 (I) of th e City of O sh k osh Mu n icipal Code, th e Mayor sh all h av e th e au th ority to appoin t, su bject to Cou n cil approv al, m em bers to th e v ariou s Boards an d Com m ission s with in th e City. As v acan cies to th e City's Boards an d Com m ission s cu rren tly exist, th e Mayor m ak es th e appoin tm en ts listed below for con sideration by th e Com m on Cou n cil. R E C O M M E N D A T I O NRECOMMENDATION Th e Mayor recom m en ds th at th e Com m on Cou n cil approv e th e appoin tm en t listed below , effectiv e O ctober 2 9 , 2 0 2 5 : L o n g R a n g e F i n a n c e C o m m i tt e eLong R a n g e F i n a n c e C o m m i t t e e Cou rtn ey Han sen , appoin ted to Altern ate 2 , expirin g May 3 1 , 2 0 2 6 O s h k o s h H o u s i n g A u th o r i t yOshkosh H o u s i n g A u t h o r i t y Matt Mu gerau er, appoin ted to Cou n cil R epresen tativ e, expirin g May 3 1 , 2 0 2 6 A t t a c h m e n t sAttachments Res 25-554 10/28/2025 25-554 RESOLUTION PURPOSE: APPROVE APPOINTMENTS TO LONG RANGE FINANCE COMMITTEE AND OSHKOSH HOUSING AUTHORITY INITIATED BY : MAYOR MATT MUGERAUER WHEREAS, Section 2-11(I) of the City of Oshkosh Municipal Code provides the Mayor with the authority to appoint, subject to Council approval, members to the various boards, committees, and commissions within the City of Oshkosh; and WHEREAS, vacancies currently exist on various boards, committees, and commissions; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following appointments are hereby made and approved, effective October 29, 2025: Long Range Finance Committee Courtney Hansen, appointed to Alternate 2, expiring May 31, 2026 Oshkosh Housing Authority Matt Mugerauer, appointed to Council Representative, expiring May 31, 2026 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jim Collins, Director of Transportation D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Ord 25-555 Amend parking lot maps and associated regulations within Appendix 27B of the Municipal Code for the 300 West Lot (Transportation Committee recommends approval) B A C K G R O U N DBACKGROUND Th ere is in creased dem an d for perm it stalls in th e 3 0 0 West Lot. Th ere are still plen ty of 2 -h ou r park in g stalls av ailable after con v ertin g stall n u m bers 1 6 , 1 7 , an d 1 8 from 2 -h ou r park in g to perm it park in g. A N A L Y S I SANALYSIS After th is ch an ge, th ere w ill be a g ood m ix of 2 -h ou r an d perm it park stalls av ailable. B O A R D /C O M M I S S I O N I N F O R M A T I O NBOARD/C O M M I S S I O N I N F O R M A T I O N Tran sportation Com m ittee recom m en ds recom m en ds ch an ge (4 -0 ). F I S C A L I M P A C TFISCAL I M P A C T Th e fiscal im pact of th is ch an g e is sign age. R E C O M M E N D A T I O NRECOMMENDATION Tran sportation Com m ittee recom m en ds requ ested ch an g e (4 -0 ) A t t a c h m e n t sAttachments Ord 25-555 Updated 300 West Map 10/28/2025 25-555 ORDINANCE PURPOSE: AMEND PARKING LOT MAPS AND ASSOCIATED REGULATIONS WITHIN APPENDIX 27B OF THE MUNICIPAL CODE FOR THE 300 WEST LOT (TRANSPORTATION COMMITTEE RECOMMENDS APPROVAL) INITIATED BY : TRANSPORTATION DEPARTMENT RECOMMENDED BY: TRANSPORTATION COMMITTEE (4-0) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO THE 300 WEST PARKING LOT. WHEREAS, the demand for permit parking stalls within certain city parking lots has increased and it is necessary to adopt updated parking maps in Chapter 27, Appendix B to establish parking regulations and designate parking stalls. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. The maps for the 300 West Parking Lot within Appendix 27B of the City of Oshkosh Municipal Code are hereby repealed and recreated as attached to include converting stall numbers 16, 17, and 18 from 2-hour to permit parking in the 300 West Lot. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #25-555 on October 28, 2025 ADOPT PARKING LOT MAPS & ASSOCIATED REGULATIONS IN THE 300 WEST LOT (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS). The ordinance amends parking regulations within the 300 West Parking Lot. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.oshkoshwi.gov Clerk’s phone: 920/236-5011. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jim Collins, Director of Transportation D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Ord 25-556 Amend Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on Grand Street from Merritt Avenue to Hudson Avenue (Transportation Committee recommends approval) B A C K G R O U N DBACKGROUND Th is is a citizen requ est statin g h e is h av in g difficu lty with in gress an d eg ress to h is driv ew ay du e to park ed cars an d th e n arrow street w idth . Neig h bors also reported th at th e park ed cars can n egativ ely im pact em erg en cy v eh icle respon se tim es, garbage pick -u p an d sn ow rem ov al. Park in g is already restricted on th e West Side of th e street an d a portion of th e east side. Th e m ajority of n eig h bors are in fav or of th is park in g restriction based on testim on y at th e tran sportation com m ittee. Th ere is on e residen t wh o h as a v ery sm all driv ew ay w ith room to park on ly on e v eh icle th at called in opposition to th is. A N A L Y S I SANALYSIS G ran d Street is a on e-w ay street an d is 1 8 feet wide, w h ich on ly leav es abou t 9 feet for trav el w h en th ere is a park ed v eh icle, in clu din g larg e m u n icipal tru ck s an d em erg en cy v eh icles. A trav el lan e is g en erally 1 0 --1 2 feet w ide. Th ere is a grou p h om e on th is street wh ich places frequ en t EMS calls. B O A R D /C O M M I S S I O N I N F O R M A T I O NBOARD/C O M M I S S I O N I N F O R M A T I O N Th e Tran sportation Com m ittee recom m en ds approv al of th e requ est (4 -0 ). F I S C A L I M P A C TFISCAL I M P A C T Th e fiscal im pact is th e cost of sign age. R E C O M M E N D A T I O NRECOMMENDATION Th e Tran sportation Com m ittee recom m en ds approv al (4 -0 ) A t t a c h m e n t sAttachments Ord 25-556 10/28/2025 25-556 ORDINANCE PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE TO EXPAND PARKING RESTRICTIONS ON GRAND STREET (TRANSPORTATION COMMITTEE RECOMMENDS APPROVAL) INITIATED BY : TRANSPORTATION DEPARTMENT RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS WHEREAS, the Transportation Committee recommends approval to expand parking restrictions on Grand Street. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS: Grand Street Delete Therefrom: No Parking, east side, from Merritt Avenue to 20 feet North and No parking, Grand Street, east side from Merritt Avenue from 60 feet to 156 feet north. Add Thereto: No parking, Grand Street, east side from Merritt Avenue to Hudson Avenue. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #25-556 on October 28, 2025 EXPANDING PARKING REGULATIONS ON GRAND STREET. (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance removes parking on the east side of Grand Street from Merritt Avenue to Hudson Avenue. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.oshkoshwi.gov Clerk’s phone: 920/236-5011. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jim Collins, Director of Transportation D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Ord 25-557 Convert permit parking to app based paid parking on High Avenue (Transportation Committee recommends approval) B A C K G R O U N DBACKGROUND Th ere is a m ix of perm it an d app. based paid park in g on Hig h Av en u e n ear UWO . Th ere is v ery little u sag e of th e perm itted on -street park in g. Th ere is also a sh ortage of park in g n ear UWO . Th e Tran sportation Com m ittee recom m en ds approv al. (4 -0 ) A N A L Y S I SANALYSIS Now th at th e city h as a con v en ien t app. for tim ed on -street park in g, con v ertin g th e perm it park in g to app. based is a better way to m an age park in g in th is area an d wou ld lead to m ore u sage. B O A R D /C O M M I S S I O N I N F O R M A T I O NBOARD/C O M M I S S I O N I N F O R M A T I O N Th e Tran sportation Com m ittee recom m en ds approv al (4 -0 ) F I S C A L I M P A C TFISCAL I M P A C T Th e fiscal im pact of th ese ordin an ces is th e cost of sig n ag e an d addition al rev en u e. Th e sig n ag e wou ld be prov ided by ou r v en dor, Passport Park in g . R E C O M M E N D A T I O NRECOMMENDATION I recom m en d th at th e Com m on Cou n cil approv e th ese m odification s to Section 2 7 A-1 1 of th e Mu n icipal Code to con v ert perm it to app. based paid park in g on Hig h Av en u e A t t a c h m e n t sAttachments Ord 25-557 10/28/2025 25-557 ORDINANCE PURPOSE: CONVERT PERMIT PARKING TO APP. BASED PAID PARKING ON HIGH AVENUE (TRANSPORTATION COMMITTEE RECOMMENDS APPROVAL) INITIATED BY : TRANSPORTATION DEPARTMENT RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS WHEREAS, the Transportation Committee recommends conversion of permit parking to paid parking on High Avenue. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS: High Avenue Delete Therefrom: Permit parking, southwesterly side, from 1,035 feet west of Osceola Street to 765 feet west of Osceola Street, between the hours of 6:00 A.M. and 6:00 P.M., daily, except Sunday and holidays. Permit parking, southwesterly side, from 545 feet wet of Osceola Street to 330 feet west of Osceola Street, between the hour of 6:00 A.M. and 6:00 P.M., daily, except Sundays and holidays. Permit parking, southwesterly side, from 250 feet west of Osceola Street to 30 feet west of Osceola Street, between the hours of 6:00 A.M> and 6:00 P.M., daily, except Sundays and holidays. Permit parking, southwesterly side, from 30 feet east of Osceola Street to 330 feet Osceola Street, between the hours of 6:00 A.M. and 6:00 P.M., daily except Sundays and holidays. Add Thereto: Paid parking through City’s Application Based Parking Management System, southwesterly side, from 1,035 feet west of Osceola Street to 765 feet west of Osceola Street, between the hours of 6:00 A.M. and 10:00 P.M., daily, except Sunday and holidays. Paid parking through City’s Application Based Parking Management System, southwesterly side, from 545 feet wet of Osceola Street to 330 feet west of Osceola Street, between the hour of 6:00 A.M. and 10:00 P.M., daily, except Sundays and holidays. daily, except Sundays and holidays. Paid parking through City’s Application Based Parking Management System, southwesterly side, from 250 feet west of Osceola Street to 30 feet west of Osceola Street, between the hours of 6:00 A.M. and 10:00 P.M., daily, except Sundays and holidays. Paid parking through City’s Application Based Parking Management System, southwesterly side, from 30 feet east of Osceola Street to 330 feet Osceola Street, between the hours of 6:00 A.M. and 10:00 P.M., daily except Sundays and holidays. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #25-557 on October 28, 2025 converting permit to App. Based Paid Parking on High Avenue. (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance converts city permit parking to App. based timed parking on High Avenue in various sections between and Rockwell Drive and Wisconsin Avenue. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.oshkoshwi.gov Clerk’s phone: 920/236-5011. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Dean Smith, Police Chief D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-558 Approve budget amendment to Police Department's operating budget for technology upgrades ($10,200.00) B A C K G R O U N DBACKGROUND Th e O sh k osh Police Departm en t h as recen tly im plem en ted tech n olog ical u pg rades w ith in its Profession al Stan dards Div ision (PSD) an d th e Crim in al In v estig ation Div ision (CID). Th ese en h an cem en ts prov ided train in g opportu n ities for officers to com plete requ ired an n u al re- certification s an d redu ced train in g an d trav el costs, an d th e im prov ed tech n ology h as en h an ced th e departm en t's ability to in v estig ate crim es. By in teg ratin g adv an ced tech n olog y, it h as stream lin ed processes, en h an ced data an alysis, an d in creased th e effectiv en ess of operation s an d in v estig ation s. A N A L Y S I SANALYSIS After con du ctin g m u ltiple train in g session s, th e departm en t h as iden tified th e n eed for addition al equ ipm en t in th e train in g room to en h an ce th e effectiv en ess of in -h ou se certification an d train in g classes. Th e departm en t also u tilizes ph on e extraction softw are for tech n ological crim in al in v estig ation s, w h ich requ ires a m ore robu st w ork station for th e rev iew of large extraction files th at th e cu rren t digital ev iden ce tech n ician s work station is u n able to su pport. In addition , th ere are addition al m on itors th at were iden tified as n eeds with in th e Departm en t. A bu dg et tran sfer is n ecessary to cov er th e costs of th ese tech n ology u pg rades. F I S C A L I M P A C TFISCAL I M P A C T Am en d th e departm en t's bu dget, redu cin g Accou n t No. 0 1 0 0 0 2 1 1 -6 1 0 2 ("R eg u lar Pay") by $1 0 ,2 0 0 an d in creasin g Accou n t No. 0 1 0 0 0 2 1 1 -6 5 5 0 ("Min or Equ ipm en t") by $1 0 ,2 0 0 . R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds th at Cou n cil approv e th e abov e bu dget tran sfer. A t t a c h m e n t sAttachments Res 25-558 10/28/2025 25-558 RESOLUTION 10/14/2025 25-515 RESOLUTION PURPOSE: APPROVE THE BUDGET AMENDMENT TO THE OSHKOSH POLICE DEPARTMENT OPERATING BUDGET FOR TECHNOLOGY UPGRADES ($10,200.00) INITIATED BY : OSHKOSH POLICE DEPARTMENT WHEREAS, the Common Council has adopted the 2025 Operations Budget, which are on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2025 Police Department Operations Budgets to fund minor equipment purchases. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 Operations Budgets, on file in the City Clerk's Office, are hereby amended to transfer: $10,200 from Account No. 01000211-6102 ("Regular Pay") to Account No. 01000211-6550 ("Minor Equipment"). T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jon Urben, General Services Manager D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-559 Approve 2025 CIP budget amendment and approve cooperative purchase of service body from Monroe Truck Equipment for Water Utility Division ($30,644.00) B A C K G R O U N DBACKGROUND In th e 2 0 2 5 CIP, th e Com m on Cou n cil allocated $8 0 ,0 0 0 .0 0 for th e pu rch ase of a n ew on e-ton pick u p tru ck w ith serv ice body for th e Water Utility Div ision . Th is n ew tru ck will replace #8 2 1 an d is u sed to pu ll sev eral h eav y pieces of equ ipm en t, su ch as v alv e tu rn ers, air com pressors an d th e ditch w itch . It also carries all th e parts an d su pplies th e lead tech n ician n eeds in th e field. At th eir Febru ary 2 5 , 2 0 2 5 , m eetin g , th e cou n cil approv ed th e cooperativ e pu rch ase of th e ch assis for th is u n it for $5 3 ,3 4 4 .0 0 . Th is m em o is to recom m en d th e approv al of a 2 0 2 5 CIP bu dget am en dm en t an d to approv e th e pu rch ase of th e serv ice body to com plete th is u n it, pu rsu an t to th e cooperativ e pu rch ase exception to ou r pu rch asin g ordin an ce. A N A L Y S I SANALYSIS Field O peration s Staff h av e determ in ed a steel serv ice body with Mon roe com pon en ts wou ld m eet th e n eed for th is u n it. Pu rch asin g h as con firm ed Mon roe Tru ck Equ ipm en t, In c. h olds a Sou rcewell cooperativ e con tract (#0 6 2 2 2 2 -AEB1 ) for th e serv ice body to com plete th e u n it. By u tilizin g th is con tract, th e City w ill sav e an estim ated $8 ,1 7 0 .0 0 (2 1 %) off th e list price. F I S C A L I M P A C TFISCAL I M P A C T Th e 2 0 2 5 CIP allocated $8 0 ,0 0 0 .0 0 for th is u n it. At th eir Febru ary 2 5 , 2 0 2 5 , m eetin g, th e Com m on Cou n cil approv ed a cooperativ e pu rch ase of th e u n it's ch assis for $5 3 ,3 4 4 .0 0 . Com bin ed w ith th is serv ice body pu rch ase of $3 0 ,6 4 4 .0 0 , th e total fiscal im pact of th is u n it is $8 3 ,9 8 8 .0 0 . Staff recom m en ds addressin g th e ov erag e for th is bid by approv in g a CIP bu dget am en dm en t to decrease A/N# 0 3 2 2 1 8 1 0 7 2 0 4 6 6 0 1 1 (FO R KLIFT) by $8 0 0 .0 0 an d A/N# 0 3 2 2 1 8 1 0 7 2 1 0 6 6 0 1 3 (3 /4 -- TN PICK UP / VAN) by $3 ,5 8 5 .1 7 an d in crease A/N# 0 3 2 2 1 8 1 0 7 2 1 0 6 6 0 1 2 (WD -- 1 TN PICKUP TR UCK) by $4 ,3 8 5 .1 7 . Th is am en dm en t w ill cov er th e ov erage for th is bid ($3 ,9 8 8 .0 0 ) an d th e rem ain in g balan ce in th is accou n t will be u sed towards addition al item s n eeded to fin alize th e setu p of th is v eh icle. Th e pu rch ase of th e serv ice body w ill be ch arg ed to A/N# 0 3 2 2 1 8 1 0 7 2 1 0 6 6 0 1 2 (WD -- 1 TN PICKUP TR UCK). Th e cu rren t u n it w ill be tak en to au ction . R E C O M M E N D A T I O NRECOMMENDATION Section 1 2 -1 5 of th e Mu n icipal Code prov ides th at, su bject to approv al of th e City Man ag er, cooperativ e pu rch ases pu rsu an t to a con tract w ith an y oth er local, state or federal gov ern m en tal u n it or ag en cy m ay be m ade w ith ou t followin g a com petitiv e biddin g or qu otation process. In accordan ce with Section 1 2 -1 5 of th e Mu n icipal Code an d with approv al by th e City Man ager, Pu rch asin g recom m en ds th e Com m on Cou n cil approv e th e 2 0 2 5 CIP bu dget am en dm en t n oted abov e an d award th is pu rch ase pu rsu an t to th is cooperativ e con tract for th e alu m in u m serv ice body to Mon roe Tru ck Equ ipm en t, In c., 1 1 5 1 W. Main Street, De Pere, WI 5 4 1 1 5 for $3 0 ,6 4 4 .0 0 . A t t a c h m e n t sAttachments Res 25-559 10/28/2025 25-559 RESOLUTION 10/14/2025 25-524 RESOLUTION PURPOSE: APPROVE 2025 CIP BUDGET AMENDMENT AND APPROVE COOPERATIVE PURCHASE OF SERVICE BODY FROM MONROE TRUCK EQUIPMENT FOR WATER UTILITY DIVISION ($30,644.00) INITIATED BY : GENERAL SERVICES DIVISION WHEREAS, the proposed 2025 Capital Improvement Program (CIP) includes an allocation of $80,000.00 for the purchase a one-ton pickup truck with service body for the Water Utility Division to replace an outdated existing unit; and WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and WHEREAS, by participating through the Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the unit; and WHEREAS, Monroe Truck Equipment holds the Sourcewell cooperative contract (#062222-AEB1 ) for the unit; and WHEREAS, it is necessary to amend the 2025 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: Decrease $800.00 from Account No. 03221810 7204 66011 (FORKLIFT) Decrease $3,585.17 from Account No. 03221810 7210 66013 (3/4 – TN PICK UP / VAN) Increase $4,385.17 to Account No. 03221810 7210 66012 (WD – 1 TN PICKUP TRUCK) BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above-mentioned unit from: MONROE TRUCK EQUIPMENT, INC. 1151 W. MAIN STREET, DE PERE, WI 54115 Cooperative Contract Price: $30,644.00 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 03221810 7210 66012 (WD – 1 TN PICKUP TRUCK) T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Rebecca Grill, City Manager D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-560 Approve professional services agreement with OpenGov for permitting and licensing software through 2030 and corresponding budget amendment (implementation costs: $178,000; combined 5-year subscription costs: $744,600) A t t a c h m e n t sAttachments Res 25-560 OpenGov Slides OpenGov Memo OpenGov White Paper 10/28/2025 25-560 RESOLUTION PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH OPENGOV FOR PERMITTING AND LICENSING SOFTWARE AND CORRESPONDING BUDGET AMENDMENT INITIATED BY : CITY ADMINISTRATION WHEREAS, the City of Oshkosh is committed to supporting economic development, enhancing government effectiveness, and providing efficient, transparent services to residents; and WHEREAS, the City has identified a need for modernization in permitting, licensing, inspections, and code enforcement through a comprehensive cloud-based software solution; and WHEREAS, OpenGov, a leader in governmental software solutions, offers a robust platform that aligns with the City's strategic priorities by delivering an integrated system that enhances operational efficiency and customer satisfaction; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with OpenGov, Inc. for permitting and licensing software services in the amount of $922,600 for the 5-year agreement. BE IT FURTHER RESOLVED that the 2025 Operating Budget, on file in the City Clerk's office, is hereby amended to appropriate $178,000 to account number 02240110-7230-15492 ARPA - OpenGov. BE IT FURTHER RESOLVED that the funding for this will come from the following accounts in 2026, with specific allocations to be reviewed during the budgeting process for future years: Department GL Account Number Allocations Percentage 2026 IT 01000110-6415 45% $ 60,600.00 Recycling 02110480-6415 5% $ 6,700.00 Garbage Collection 02120470-6415 5% $ 6,700.00 Inspections 05710750-6415 15% $ 20,200.00 Water 05411890-6415-08903 10% $ 13,500.00 Sewer 05511940-6415 10% $ 13,500.00 Storm 05612030-6415 10% $ 13,500.00 100% $ 134,700.00 Confidential, Do not share OpenGov –Permitting and Licensing October 28, 2025 Confidential, Do not share Current Challenges Fragmented Systems Departments manage separate databases with duplicate data entry and inconsistent tracking. Manual Processes Paper applications, scanning, and email routing delay approvals and increase re-work. Vendor Dependence Evolve requires vendor tickets for even small changes, causing delays and adding costs. Customer Frustration Lack of a single, user-friendly portal to submit, pay, and track applications. Limited Analytics No comprehensive way to measure cycle times, identify bottlenecks, or share service metrics publicly. Locating Records Currently, records are scattered across various departments, stored in paper form and different systems, requiring significant staff time to fulfill record requests. Confidential, Do not share Licensing and Permitting One Cloud Suite to Power Every Permitting and Licensing Workflow Confidential, Do not share Licensing and Permitting Workflow Automation Payments eSignature Reporting Public Portal Route & Track Manage Docs Schedule Inspections Manage Applicants Approve Issue & Renew Manage external and internal processes and workflows Confidential, Do not share Why Open Gov? Goal 1: Modernize Operations ●Drag-and-drop workflows empower staff to manage change without vendor dependency. ●Mobile app and updated inspection calendar streamlines fieldwork. ●Digital application intake enables Clerk, Planning, and Inspection staff to work from a single source of truth. → ROI Impact: $75K–$100K in labor savings and FTE delay Goal 2: Improve Resident Communication ●Custom messaging and AI-powered renewals simplify engagement. ●Status updates, receipts, and inspection notices are delivered automatically. ●Public portal modeled after “Amazon experience” increases satisfaction and early compliance. → ROI Impact: 70%+ digital submittals; 60 –80% fewer walk-ins/calls Goal 3: Boost Transparency & Performance Management ●Automated reporting tracks permit volume, turnaround time, and revenue trends. ●Condition-based inspection scheduling enables better field time use. ●Internal task management dashboards reduce dropped handoffs and delays. → ROI Impact: 40–60% reduction in average permit cycle time Goal 4: Enable Enterprise-Wide Scalability ●Unlimited user access supports Clerk, Planning, Fire, Engineering, and City-wide operations. ●Future-proofed with open API, Outlook calendar sync, and Bluebeam integration. ●Forms, workflows, and rules are all configurable by staff—no IT or vendor bottlenecks. → Strategic Value: Single platform supporting all departments' modernization goals Confidential, Do not share Why Open Gov? 24/7 Access and Convenience Single intuitive online portal to apply, upload plans, pay fees, and track progress anytime. Configurable by Staff City employees can create and update forms, fees, and workflows without vendor intervention, enabling rapid policy implementation and continuous improvement. Breakdown of Departmental Silos All permits, licenses, inspections, and service requests are centralized—eliminating duplicate data entry and reducing time for approval. Paperless Efficiency Electronic routing, e-signatures, and automated notifications replace paper and email approvals, reducing turnaround times by up to 60 percent. Cloud Based Software with Continuous Enhancement Rapid innovation driven by customer feedback. Transparency and Analytics Real-time dashboards show workloads, cycle times, and service levels—supporting performance reporting to Council and the public. Mobile Field Tools Inspectors can perform and close inspections in the field with instant documentation and feedback. Scalable Integration Future modules (engineering, finance, HR, code enforcement) can be added to expand functionality and eliminate redundant software. Future Historical Record Migration: Legacy documents and data can be migrated into OpenGov, enabling staff and the public to access historical records and project files in a single, searchable system. Confidential, Do not share Open Gov Estimated ROI First 3 Years (Conservative Estimates) ●Staff Cost Avoidance: $75,000–$125,000 ●Reduction in Permit Cycle Time: 40–60% (based on peer benchmarks) ●Inspection Scheduling Time Savings: 30 –50% faster turnaround ●Deferred FTE Hiring: 1–2 years ●Document Automation Savings: $20,000+ in legal/form rework time ●Public Interaction Reduction: Up to 70% fewer walk -ins and calls ●Payment Collection Acceleration: Revenue recognized 2 –4 weeks faster ●Increased Online Submittals: 65–80% within 6 months ●Cross-Department Workflow Visibility: 100% digital audit trail ●Reduction in Application Rework: 25 –35% Confidential, Do not share Financial Analysis First 3 Years (Conservative Estimates) ●Staff Cost Avoidance: $75,000–$125,000 ●Reduction in Permit Cycle Time: 40–60% (based on peer benchmarks) ●Inspection Scheduling Time Savings: 30 –50% faster turnaround ●Deferred FTE Hiring: 1–2 years ●Document Automation Savings: $20,000+ in legal/form rework time ●Public Interaction Reduction: Up to 70% fewer walk -ins and calls ●Payment Collection Acceleration: Revenue recognized 2 –4 weeks faster ●Increased Online Submittals: 65–80% within 6 months ●Cross-Department Workflow Visibility: 100% digital audit trail ●Reduction in Application Rework: 25 –35% Confidential, Do not share Key Deliverables:A SOW will be issued for the complete Implementation detailing OpenGov’s plan for a successful migration and implementation. Service Areas: ●Unlimited across the City Record Types Built by OpenGov:*Record count/types to be determined by Oshkosh ●OpenGov Creates 15 record* ○Business Licensing -6 total ○Special Events -1 total ○Building -3 total ○Code Enforcement -2 total ○Public Work -2 total ○Fire -1 total ●Oshkosh Creates Unlimited Records Includes application form conversion,application workflow,user permissions, output document creation,required attachments (if applicable),fees = everything associated with form/application Integrations &Data: ●ESRI ArcGis ●GIS Flag Integration ●Master Address Table (MAT)Integration ●Invoice Cloud ●Autofills -5 ●Account &Finance ●BlueBeam Data Migration: ●Evolve Data Migration ●Document Migration Training: ●3 -Day Onsite Training ●Admin Trainings ●End User Trainings ●Mobile App ●Reporting &Transparency Training ●Integration Training ●Data Training Staff training is tailored to the City and includes public portal,projects,forms, workflows,fees,documents,inspections,scheduling,Communication Center. Everything associated with staff interface. Scope Commentary: ●Unlimited Records across City ●Unlimited Users,Usage and Data ●Stripe for Payments Processing -fees can be paid by applicant or City ●Dedicated Project Team,Training,Implementation Resources,Customer Success and Support ●Ongoing Support &Maintenance ●All Future Software Enhancements ● ● ● Online portal configuration,integrations, data Single Sign On (SSO) Role-Based Access Control (RBAC) OpenGov Permitting &Licensing Scope TO: Honorable Mayor and Members of the Common Council FROM: Rebecca N. Grill, City Manager DATE: October 28, 2025 RE: Approval of Agreement with OpenGov, Inc. for Implementation of Citywide Permitting and Licensing and Public Facing Processes Software EXECUTIVE SUMMARY This memorandum requests authorization to enter into an agreement with OpenGov, Inc. for implementation of a new, cloud-based Permitting and Licensing System to replace the City’s existing Evolve and SeeClickFix platforms. The total implementation cost is $178,000 in 2025, with an annual subscription of $134,700 beginning in 2026 (5% annual increase through 2030). This initiative consolidates two software systems and numerous paper/manual-based processes into a single, flexible, and scalable platform—creating a streamlined, paperless, and customer- focused experience for residents, businesses, and employees while eliminating inefficiencies including manual routing and email-based approvals. BACKGROUND The City currently relies on separate systems for permitting, licensing, and citizen service requests. Evolve requires vendor intervention for any workflow, form, or record change, resulting in additional fees and delays. SeeClickFix provides limited integration and lacks the scalability for additional internal and external processes. ANALYSIS The OpenGov Permitting & Licensing Suite will deliver a unified, cloud-based platform that supports multiple departments through automation and self-service configuration. Key Features and Benefits: 24/7 Access and Convenience: Residents, business owners, and contractors gain a single online portal to apply for permits and licenses, upload plans, make payments, and track status in real time—reducing in-person visits, phone calls, and email backlogs. Configurable by Staff: City employees can create or modify forms, fees, and workflows directly—without vendor assistance or added cost—allowing the City to quickly implement policy updates, respond to community needs, and continuously improve services. Breakdown of Departmental Silos: All departments will share one system for permits, licenses, inspections, and requests, eliminating duplicate data entry, inconsistent information, and avoidable delays. Paperless, Automated Efficiency: Electronic forms, routing, and e-signatures replace manual paper processes and email approval chains, cutting turnaround times by up to 60 percent. Transparency and Data-Driven Management: Real-time dashboards and analytics allow staff and leadership to track cycle times, identify bottlenecks, and measure performance improvements for reporting to the Common Council and public. Mobile Field Tools: Inspectors can complete and close approvals in the field, reducing administrative lag and improving communication. Scalable Integration: The platform provides capacity to integrate future processes (e.g., code enforcement, engineering, finance, and HR), compounding long-term efficiencies and collaboration. System 2025 Cost 2026 Cost Difference Evolve $17,500 — Replaced Evolve Expansion ~$15-30K per year __ Unlimited records and staff able to directly add in OpenGov SeeClickFix $28,000 — Replaced Total Legacy Systems $45,500 — OpenGov capable of accepting and monitoring New Record Request Software ~$13K __ OpenGov (Unified Platform) — $134,700 ~+$61,200/$46,200 Implementation (2025) — $178,000 (one-time) Despite the higher subscription cost, annual efficiency savings of $90,000–$150,000 from automation, paper reduction, and deferred hiring will offset the cost difference within the first year. Additionally, moving current manual and paper-based systems into evolve will include additional costs for development as well as working on the developer’s timeline. ALIGNMENT WITH CITY OF OSHKOSH STRATEGIC PLAN (2025–2026) • Goal 3 – Support Economic Development: Streamlines approval and permitting processes, making Oshkosh more business-friendly and development-ready. • Goal 6 – Enhance the Effectiveness of Our City Government: Advances transparency, digital communication, and service delivery efficiency through technology modernization. ALIGNMENT WITH CITY MANAGER GOALS • Goal 1 – Community Engagement Plan: Supports the Virtual City Hall and Centralized Notification System deliverables, improving public communication and service accessibility. • Goal 4 – Organizational Review and Modernize Structure: Implements modern workflows that align staffing, processes, and technology. • Goal 5 – Advance Workplace Culture and Operational Efficiency: Reduces bottlenecks, paper handling, and email approval delays, empowering employees to focus on higher- value service. RECOMMENDATION Chapter 12 of the Municipal Code provides that professional services of a specialized nature may be procured without competitive bidding. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the agreement with OpenGov, Inc. for citywide permitting, licensing, and inspection software and implementation services. This modernization initiative fulfills Strategic Plan Goals 3 and 6 and the City Manager’s Goals for innovation, communication, and operational efficiency. City of Oshkosh White Paper – OpenGov Permitting & Licensing Modernization Initiative Date: October 28, 2025 Prepared by: Rebecca Grill, City Manager I. Executive Summary The City of Oshkosh is implementing OpenGov’s cloud-based Permitting & Licensing System to replace outdated and fragmented systems—Evolve and SeeClickFix—with a unified, paperless platform that enhances customer experience, internal efficiency, and data transparency. 2025 Implementation Cost: $178,000 2026 Annual Subscription: $134,700 Legacy Annual Cost (Evolve + SeeClickFix): $45,500 Annual Difference: +$89,200 The system will deliver measurable efficiencies, estimated at $90,000–$150,000 annually, through automation, paper reduction, and workflow streamlining—while improving transparency and responsiveness for residents and businesses. II. The Challenge Oshkosh’s current permitting and licensing processes are built on disconnected tools that create silos between departments, slow service, and frustrating customers. The result is inefficiency, increased cost, and reduced transparency. Current Issues: • Fragmented Systems: Departments manage separate databases with duplicate data entry and inconsistent tracking. • Manual Processes: Paper applications, scanning, and email routing delay approvals and increase re-work. • Vendor Dependence: Evolve requires vendor tickets for even small changes, causing delays and added cost. • Customer Frustration: Residents lack a single, user-friendly portal to submit, pay, and track applications. • Limited Analytics: There is no comprehensive way to measure cycle times, identify bottlenecks, or share service metrics publicly. III. The Solution: OpenGov The OpenGov Permitting & Licensing Suite provides a modern, configurable, and cloud-based solution that connects departments, staff, and customers in one seamless platform. Key Benefits of Modernization: • 24/7 Access and Convenience: Residents, contractors, and businesses gain a single online portal to apply, upload plans, pay fees, and track progress anytime—reducing walk-ins, calls, and email chains. • Configurable by Staff: City employees can create and update forms, fees, and workflows without vendor intervention, enabling rapid policy implementation and continuous improvement. • Breakdown of Departmental Silos: All permits, licenses, inspections, and service requests are centralized—eliminating duplicate data entry and delays. • Paperless Efficiency: Electronic routing, e-signatures, and automated notifications replace paper and email approvals, reducing turnaround times by up to 60 percent. • Transparency and Analytics: Real-time dashboards show workloads, cycle times, and service levels—supporting performance reporting to Council and the public. • Mobile Field Tools: Inspectors can perform and close inspections in the field with instant documentation and feedback. • Scalable Integration: Future modules (engineering, finance, HR, code enforcement) can be added to expand functionality and eliminate redundant software. IV. Financial Analysis System 2025 Cost 2026 Cost Difference Evolve $17,500 — Replaced Evolve Expansion ~$15-30K per year Unlimited records and staff able to directly add in OpenGov SeeClickFix $28,000 — Replaced Total Legacy Systems $45,500 — — New Record Request Software ~$13K OpenGov capable of accepting and monitoring OpenGov (Unified Platform) — $134,773 ~+$61,200/$46,200 Implementation (2025) — $178,000 (one-time) Estimated Annual Savings & Efficiencies: • Staff Cost Avoidance: $75k – $125k per year • Faster Permit Cycles: 40 – 60 % reduction • Deferred Hiring: 1 – 2 FTEs ( $80k – $160k ) • Paper Reduction & Automation: $20k+ annual savings • Public Interaction Reduction: Up to 70 % fewer walk-ins and calls • Revenue Recognition: 2–4 weeks faster • Elimination of need for record request software ~$10K annual savings V. Software Evaluation and Selection Process City staff evaluated multiple municipal permitting platforms over ten months for scalability, cost, configurability, and user experience. Evolve (Current System): While functional, Evolve’s structure is rigid and vendor-dependent. Any workflow or fee change requires a service ticket, and each new public-facing record type incurs additional cost—limiting flexibility and responsiveness. Other Systems Reviewed: We reviewed our current system as well as several other systems. Although capable of the basic application and varying workflow functions, each presented drawbacks: • Insufficient experience necessary to confidently support an organization of our size through implementation and beyond. • Limited record type capacity and departmental scalability. • Rigid workflows requiring vendor intervention to modify. • Complicated interfaces that reduce user adoption. • Weak real-time reporting and analytics tools. • High add-on costs for new modules and forms. Why OpenGov Was Selected: OpenGov is already used successfully by several Wisconsin municipalities, including Sun Prairie and West Allis. From the City Manager’s prior implementation experience in West Allis, the system replaced more than 150 manual and disconnected record types, allowing staff to consolidate workflows and data across departments. It provided: • Ease of Use for External and Internal Customers • Configurable Record Creation: Staff-built workflows and forms—no vendor delays or costs. • Comprehensive View of Activity: All permits, licenses, and inspections linked to one address or customer profile. • Audit Trails and Time Stamps: Automatic logging for transparency and accountability. • Automated Renewals: Streamlined license and permit renewal processes reducing manual workload. • Online Inspection Requests and Checklists: Instant feedback and documentation for applicants and inspectors. • Future Historical Record Migration: Legacy documents and data can be migrated into OpenGov, enabling staff and the public to access historical records and project files in a single, searchable system. • Management and Oversight Capabilities OpenGov’s configurability, reporting power, and proven municipal success make it the best choice to achieve Oshkosh’s goals of transparency, efficiency, and innovation. VI. Strategic & Organizational Alignment City of Oshkosh 2025–2026 Strategic Plan • Goal 3 – Support Economic Development: Implements the objective to streamline approval and permitting processes and promote a business-friendly climate. • Goal 6 – Enhance the Effectiveness of Our City Government: Advances transparency, communication, and performance management through technology modernization. City Manager Goals • Goal 1 – Develop and Launch a Community Engagement Plan: Builds the Virtual City Hall and Centralized Notification System, improving resident communication and customer experience. • Goal 4 – Conduct Organizational Review and Modernize Structure: Aligns people, processes, and technology for a modern, responsive organization. • Goal 5 – Advance Workplace Culture and Operational Efficiency: Reduces paper bottlenecks and empowers employees with agile tools that support collaboration and continuous improvement. Goals Update (September 2025): • Advances the Continuous Improvement and Innovative Service Delivery strategy. • Fulfills the milestone to “Implement one software solution that streamlines resident and business service environments and provides a one-stop shop.” • Embodies the Guiding Principles: Transparent, Accessible, Collaborative, Efficient & Sustainable, Innovative & Technology-Driven, Employee-Centered. VII. Implementation Timeline Milestone Target Date Outcome Configuration & Validation Q4 25 – Q1 2026 Core workflows and record types configured; system and data integration testing initiated Staff Training & User Acceptance Testing Q1 – Q2 2026 Department staff trained; internal testing and process refinements completed Public Launch (Phase 1)** Q2 2026 Public portal goes live with Clerk licensing and 10 additional record types across multiple departments Expanded Integrations (Phase 2) Q3 2026 – 2027 Add additional record types and processes (external and internal) 95 % Customer- Facing Processes Online (Goal Milestone) Q4 2027 Majority of resident and business services fully digital and accessible online VIII. Conclusion The OpenGov Permitting & Licensing System represents a transformational step toward a more transparent, efficient, and customer-focused City of Oshkosh. It delivers quantifiable savings, modernizes internal workflows, and enhances communication with the public. This initiative directly advances the City’s Strategic Plan Goals 3 and 6, fulfills the City Manager’s performance goals, and upholds the organization’s Guiding Principles of transparency, innovation, and collaboration. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Sara Rutkowski, Community Development Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-561 Approve Development Agreement with Habitat for Humanity of Oshkosh, Inc. for sale of nine lots located at Washington School Workforce Housing Subdivision B A C K G R O U N DBACKGROUND Th e City of O sh k osh h ad acqu ired th e form er Wash in g ton Sch ool site prev iou sly located at 9 2 9 Win n ebago Av en u e to create th e Wash in gton Sch ool Work force Hou sin g Su bdiv ision . Th is redev elopm en t in v olv ed dem olish in g existin g stru ctu res, in stallin g n ecessary u tilities th is fall, an d th e dev elopm en t of eigh teen (1 8 ) lots in to sin g le-fam ily h om es. Habitat for Hu m an ity is a k ey partn er, respon sible for dev elopin g n in e lots for affordable h ou sin g aim ed at low -in com e fam ilies wh ile th e city lots w ill focu s m ore on work force h ou sin g . A N A L Y S I SANALYSIS Habitat for Hu m an ity will beg in to bu ild affordable sin g le-fam ily h om es startin g w ith fou r lots for low - an d m oderate-in com e fam ilies, em ph asizin g accessibility for person s w ith disabilities. Habitat's Project w ill proceed in ph ases, with fou r lots pu rch ased by Jan u ary 3 1 , 2 0 2 6 , w ith th e rem ain in g fiv e lots dates to be determ in ed in th e fu tu re to allow Habitat th e ability to fu n draise as n eeded. Habitat w ill u se th e Hou sin g Specification s g u idelin es on lots bu ilt on . Th is partn ersh ip will fill n eeded gaps in O sh k osh 's h ou sin g stock located with in ou r com m u n ity an d is a great collaboration betw een both parties. F I S C A L I M P A C TFISCAL I M P A C T Th e City will sell th e lots to Habitat at $3 5 ,0 0 0 each , w ith con v eyan ce occu rrin g in ph ases. Fin an cial in cen tiv es an d assistan ce w ill be exten ded to eligible fam ilies. Utility in stallation is already u n derway, en su rin g th e lots are ready for con stru ction an d m in im izin g im pact on th e n eigh borh ood. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds approv al of th e dev elopm en t ag reem en t with Habitat for Hu m an ity of O sh k osh . A t t a c h m e n t sAttachments Res 25-561 DA Habitat 10/28/2025 25-561 RESOLUTION PURPOSE: APPROVE DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF OSHKOSH, INC. FOR SALE OF NINE LOTS LOCATED AT WASHINGTON SCHOOL WORKFORCE HOUSING SUBDIVISION INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the City of Oshkosh aims to enhance community development by supporting affordable housing initiatives; and WHEREAS, Habitat for Humanity of Oshkosh has proposed a development project to build residential housing at the property located at 929 Winnebago Avenue; and WHEREAS, the attached Developer Agreement outlines the terms, responsibilities, and obligations of both the City and Habitat for Humanity of Oshkosh in executing this project; and WHEREAS, said agreement aligns with the City’s strategic goals to provide affordable and sustainable housing options to its residents; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appropriate City officials are authorized and directed to execute all require documents and take necessary actions to facilitate the development described in the agreement. 1 DRAFT - October 3, 2025 DEVELOPMENT AGREEMENT Document Number Document Title Between City of Oshkosh, a Wisconsin municipal corporation, and Habitat for Humanity of Oshkosh, Inc., a Wisconsin non-stock corporation. The property is generally located on the closed former Washington Elementary School site at 929 Winnebago Avenue, Oshkosh, WI 54901 and consists of Parcel Numbers: Lot 1: Parcel 90204230100 Lot 2: Parcel 90204230200 Lot 5: Parcel 90204230500 Lot 6: Parcel 90204230600 Lot 11: Parcel 90204231100 Lot 12: Parcel 90204231200 Lot 14: Parcel 90204231400 Lot 15: Parcel 90204231500 Lot 17: Parcel 90204231700 LEGAL DESCRIPTION Being all of Lots 1, 2, 5, 6, 11, 12, 14, 15 and 17 of Washington School Plat, recorded as document number 1945204, Winnebago County Register of Deeds. This instrument drafted by: Lynn A. Lorenson, City Attorney Oshkosh, WI 54903-1130 Recording Area Name and Return Address City Attorney Office P O Box 1130 Oshkosh WI 54903-1130 2 DRAFT - October 22, 2025 DEVELOPMENT AGREEMENT WASHINGTON SCHOOL REDEVELOPMENT This Development Agreement (Agreement) is made as of the ____ day of _________, 2025 by and between the City of Oshkosh, Wisconsin, a Wisconsin municipal corporation (City), and Habitat for Humanity of Oshkosh, Inc., a Wisconsin Non-Stock Corporation (Habitat). This Development Agreement serves as the entire agreement relating to the real property located on the former Washington Elementary School site bounded approximately by Winnebago Avenue and School Avenue. RECITALS A. The parties have shared or have similar interests in offering housing and neighborhood programs to those who need assistance that is not otherwise offered in the marketplace. Habitat’s mission is to build simple, decent, affordable housing for low- and moderate-income persons and families. The City maintains programs that assist with the establishment and maintenance of viable urban communities by providing decent housing, suitable living environments and expanding economic opportunities for persons and families with low and moderate income. B. Habitat seeks to continue fulfilling its mission through expanding the types of affordable housing that is available to qualified low- and moderate-income families as well as expanding the housing opportunities available for those with disabilities. To that end, Habitat, along with its other partners, will construct affordable single-family homes for low to moderate income families. C. The City seeks to continue fulfilling its programs assisting low-income residents, potential homeowners with financial barriers, and neighborhood communities by providing Property on which Habitat will construct affordable single-family housing, as well as providing certain financial assistance that will allow Habitat’s goals to become a reality for the qualified low- and moderate-income persons and families selected for ownership. D. The City has acquired the former Washington School located at 929 Washington Avenue, formally platted the property, demolished the existing school structures and has entered a contract for the installation of necessary utilities for the newly created lots, all for the purpose of redeveloping the property with workforce housing to be known as the Washington School Workforce Housing Subdivision. 3 DRAFT - October 22, 2025 E. The Parties intend by this Agreement to provide the framework by which the City shall convey up to nine (9) of the lots within the Washington School Workforce Housing Subdivision, the “Property”, as more specifically defined below, to Habitat in phases pursuant to the terms of this Agreement. Habitat agrees to develop the Property conveyed to Habitat pursuant to the terms of this Agreement and a plan to be approved by the Common Council, the “Habitat Project”. THEREFORE, in consideration of the foregoing Recitals which are incorporated into and made a part of this Agreement, the promises, covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Habitat promise, covenant, and agree as follows: Article I. Definitions. As used in this Agreement, the following terms shall have the following meanings: “City” means the City of Oshkosh, Wisconsin, a Wisconsin municipal corporation, its successors and assigns. “Completion Date” means the date all work related to the entire Habitat Project must be completed, including all interior and exterior components, and including the conveyance to qualified new home owner(s), which is December 31, 2032. “Default” means the occurrence of one or more of the events described in Article IV, below. “Effective Date” means the date first identified in this Agreement as the date the all parties intend these terms to begin. “Habitat Project” means Habitat’s acquisition of the Property, in the form of up to nine (9) residential lots within the Washington School Workforce Housing Subdivision, from the City in three phases, and construction of single-family affordable structures for low to moderate income individuals on the Property, followed by Habitat’s conveyance of each lot to qualified families. The recorded plat for the entire former Washington School site is attached as Exhibit A. “Project Plans” means final detailed plans and specifications for the Project, and all other improvements to be located on each residential parcel of the Property. Habitat shall comply with City Design Standards for Single and Two-Family Homes - Oshkosh Zoning Ordinance Section 30-241 for all their single-family dwellings. Habitat shall use the approved Housing Specifications attached as Exhibit B hereto prepared for use for the Washington School Workforce Housing Subdivision on all lots Habitat builds upon. 4 DRAFT - October 22, 2025 “Property” means the land upon which the Habitat Project will be located. The Washington School Workforce Housing Subdivision will be divided into approximately Eighteen (18) separate parcels by Plat as allowed by law, with each parcel of sufficient size to construct single family dwellings. Pursuant to this Agreement, the City shall convey up to nine (9) lots from the Plat to Habitat, the “Property”, for the Habitat Project. “Start Date: means the date on which Habitat construction of at least one (1) single family home on the Property has started. The start date shall be on or before July 1, 2026. “Term” means the period of time from the Effective Date of this Agreement to the Completion Date. “Washington School Workforce Housing Subdivision” means the subdivision plat created upon the site of the former Washington School located at 929 Washington Avenue and bounded approximately by Winnebago Avenue and School Avenue. Article II. City Representations and Obligations. A. Subdivision Platting. The City shall be responsible for creating and recording the Washington School Workforce Housing Subdivision plat consisting of the Eighteen (18) residential lots as allowed by law, with each parcel of sufficient size to construct single family dwellings. B. Utilities. (1) Stormwater - The Property must comply with storm water requirements as identified in the Oshkosh Municipal Code, or other local, state, or federal rules, regulations, or laws. The City shall be responsible to prepare a grading and drainage plan for the subdivision which shall show all drainage features and lot line grades and shall comply with the City of Oshkosh Storm Water Ordinance and be approved by the City of Oshkosh Department of Public Works. The plan may include a Storm Water Management Plan, grading and drainage plans, and operating and maintenance agreements. A copy of the final plan shall be available through the Oshkosh Department of Public Works or through documents recorded with the Winnebago County Register of Deeds, or both. City and Habitat shall cause each of their lots to be built according to the approved Stormwater Management Plan. (2) Sanitary Sewer and Public Water – The City shall install sanitary sewer and water utility laterals for all lots within the plat. Installation shall be coordinated between Habitat lots and City lots so that the impact to the neighborhood and the costs are minimized. 5 DRAFT - October 22, 2025 E. Conveyance of Property to Habitat. The City agrees to convey the Property to Habitat pursuant to Article IV of this Agreement. F. City to Develop Remaining Parcels. The City agrees that it shall take reasonable actions to develop the remaining parcels in Washington School Workforce Housing Subdivision for residential development. G. Financial Incentives. The City agrees to offer or make eligible to Habitat lot purchasers the same financial incentives or offers typically offered to home-buyers within the City of Oshkosh, including but not limited to down payment assistance, subject to the program eligibility requirements. Article III. Habitat Representations and Obligations. A. Warranties of Habitat. represents and warrants to the City as follows: (1) Habitat is a non-stock corporation duly organized by the State of Wisconsin, is current with all administrative entity formation requirements of the State, and has the power and all necessary licenses, permits, and franchises to own their assets and properties and to carry on its business. (2) Habitat is duly licensed or qualified to do business in the State of Wisconsin and all other jurisdictions in which failure to do so would have a material adverse effect on their business or financial condition. (3) The execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate actions of Habitat, and constitute the valid and binding obligations of Habitat that are enforceable in accordance with its terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium, general principles of equity, and other similar laws of general application affecting the enforceability of creditors’ rights generally. (4) The execution, delivery, and performance of Habitat’s obligations pursuant to this Agreement will not violate or conflict with Habitat’s Articles of Organization or other corporate operating agreements or bylaws, or any indenture, instrument or agreement by which Habitat is bound, nor will the execution, delivery or performance of Habitat’s obligations pursuant to this Agreement violate or conflict with any law applicable to Habitat or to the Project. (5) There is no litigation or proceeding pending or affecting Habitat, or, to the best of Habitat’s knowledge, threatening Habitat or the Project, that would adversely affect the Project or Habitat, or the enforceability of this Agreement, the ability of Habitat to complete the Project or the ability of Habitat to perform its obligations under this Agreement. 6 DRAFT - October 22, 2025 (6) To the best of Habitat’s knowledge, no default, or event which with the giving of notice or lapse of time or both would be a default, exists under this Agreement, and Habitat is not in default (beyond any applicable notice and cure period) of any of its obligations under any other agreement or instrument to which Habitat is a party or an obligor. B. Habitat Covenants. During the Term of this Agreement, Habitat covenants to the City as follows: (1) All work performed and materials furnished to construct and maintain the Project shall be paid for when due. (2) The construction and maintenance of the Project will be in conformance and compliance with, all applicable federal, state, local and other laws, rules, regulations and ordinances, including without limitation, all zoning and land division laws, rules, regulations, and ordinances, all building codes and ordinances of the City, and all environmental laws, rules, regulations, and ordinances. (3) The Project shall be constructed and maintained in a good and workmanlike manner and substantially in accordance with the Project Plans and Habitat will promptly correct any defects, structural or otherwise, in any construction or deviations from the Project Plans. Construction of the Project shall be completed free of all liens and encumbrances except for those liens and encumbrances permitted by this Agreement. (4) Habitat shall pay or cause to be paid prior to delinquency all federal, state and local taxes related to the Project. All operating expenses in connection with the Project shall be paid when due. (5) All permits, approvals and licenses that may be required by any governmental authority or nongovernmental entity in connection with the development, construction, management and operation of the Project shall be obtained and be in effect at all times. (6) Habitat will not, without the City’s consent, initiate any change in the zoning classification of all or any portion of the Property. (7) Nondiscrimination. Habitat shall not use the Project in any manner to permit discrimination or restriction on the basis of race, creed, ethnic origin or identity, color, gender, religion, marital status, age, handicap or national origin, and Habitat shall construct and operate the Project in compliance with all laws, rules, regulations and ordinances relating to discrimination or any of the foregoing. 7 DRAFT - October 22, 2025 C. Acquisition of Lots. Habitat agrees to acquire the Property from the City pursuant to the provisions of Article IV of this Agreement. D. Construction of Homes on the Property. Habitat agrees to construct a single-family home on each of the individual parcels comprising the Property it acquires from the City. Construction shall commence on or before the Start Date and be completed by the completion date. Habitat shall comply with City Design Standards for Single and Two-Family Homes - Oshkosh Zoning Ordinance Section 30-241 for all their single- family dwellings. Habitat shall use the approved Housing Specifications as shown on Exhibit B attached hereto for all lots Habitat builds upon. E. Utilities. (1) Stormwater - The Property must comply with storm water requirements as identified in the Oshkosh Municipal Code, or other local, state, or federal rules, regulations, or laws. The City shall be responsible to prepare a grading and drainage plan for the subdivision which shall show all drainage features and lot line grades and shall comply with the City of Oshkosh Storm Water Ordinance and be approved by the City of Oshkosh Department of Public Works. The plan may include a Storm Water Management Plan, grading and drainage plans, and operating and maintenance agreements. A copy of the final plan shall be available through the Oshkosh Department of Public Works or through documents recorded with the Winnebago County Register of Deeds, or both. City and Habitat shall cause each of their lots to be built according to the approved Stormwater Management Plan. Habitat shall make purchasers aware of the requirements of the approved plans upon the conveyance of individual parcels to their clients. (2) Sanitary Sewer and Public Water – The City shall install sanitary sewer and water utility laterals for all lots within the plat. Installation shall be coordinated between Habitat lots and City lots so that the impact to the neighborhood and the costs are minimized. Habitat shall coordinate with the City to ensure the impact is minimal. F. Damage; Destruction. (1) While the Property is held in the name of Habitat, in the event of fire, damage, or any other casualty to any part of the Project, Habitat shall, at its cost and expense, rebuild, repair and replace the Project in the condition it was in immediately prior to the casualty and shall otherwise complete the Project. 8 DRAFT - October 22, 2025 (2) While the Property is held in the name of Habitat, if the Project is required to be rebuilt or repaired or replaced, then the Project shall be rebuilt, repaired or replaced in accordance with plans and specifications prepared and approved by the City for Habitat’s use. Habitat agrees to apply any necessary portion of the insurance proceeds to rebuild, repair and replace the Project. The proceeds of insurance shall be used for the replacement, rebuilding or repair of the Project. Any amount required in excess of insurance proceeds for rebuilding, repair and/or replacement of the Project shall be paid by Habitat. G. Real Estate Taxes and Assessments. Unless otherwise exempt, Habitat shall pay timely to the City generally applicable property taxes assessed and levied by the City on the Property under applicable property tax laws, rules, rates, regulations and ordinances in effect from time to time. Nothing in this Agreement shall impair any statutory rights of the City with respect to the assessment, levy, priority, collection, and/or enforcement of real estate property taxes. In addition, Habitat agrees to timely pay to the City all special assessments that may be assessed or levied in connection with the Property under the applicable special assessment laws, rules, regulations, ordinances and rates in effect at the time said special assessments are assessed or levied. H. Other Approvals. In addition to any approvals required under this Agreement, Habitat shall be required to obtain all approvals, consents, and licenses as may be required by any governmental or non-governmental authority in connection with the Project, including, without limitation, all building permits, Project Plan approvals, storm water approvals, and zoning approvals. Habitat’s compliance with the terms of this Agreement shall not relieve Habitat from complying with all applicable federal, state and local laws, rules, regulations and ordinances in connection with the Project. To the extent any governmental or non-governmental entity imposes different or more restrictive conditions on Habitat, or the Project, compliance by Habitat with the terms of this Agreement shall not relieve Habitat from complying with such different or more restrictive conditions. Likewise, any less restrictive conditions imposed on Habitat, or the Project by any governmental or non-governmental authority shall not relieve Habitat, or the Project from complying with all of the terms and conditions of this Agreement. Article IV. Conveyance of the Property. A. Conveyance of Property to Habitat. Subject to compliance with the terms of this Agreement, the City agrees to sell the Property to Habitat and Habitat agrees to acquire the Property. The final configuration and dimensions of the Property shall be established within the Subdivision Plat created by the City and the specific lots within the Plat anticipated to be conveyed to Habitat shall be agreed upon by the parties and attached as Addendum C to this Agreement. The conveyance of the Property shall include all easements, reciprocal easement agreements and all other 9 DRAFT - October 22, 2025 property rights, whether or not of record, appurtenant to the Property and the use of all rights-of-way (including public and private vehicular and pedestrian rights- of-way), if any, abutting, adjacent, contiguous to or adjoining the Property. B. Purchase Price. The purchase price for each lot on the Property shall be thirty-five thousand dollars ($35,000.00) and other good and valuable consideration as identified in this Agreement. C. On or before the Closing Date, Habitat shall secure grants, funding or financing that is satisfactory to Habitat for the purpose of acquiring and constructing the Project. D. Phasing. Habitat shall secure the funding to purchase four (4) lots by January 31, 2026. Habitat shall either purchase or release any rights or claim to develop the remaining five (5) lots by December 31, 2029. If Habitat fails to provide written notification of release, Habitat shall be deemed to have released all claims and rights to develop under this Agreement for any lot that Habitat has not purchased on or before December 31, 2029. E. TITLE INSURANCE. No later than sixty (60) calendar days after execution of this Agreement for the initial four lots and upon request of Habitat for the remaining lots, City shall furnish to Habitat (i) a title commitment (the “Commitment”) issued by the Title Company covering the Property and showing title in fee simple to be vested in City, and (ii) true, correct and complete copies of all documents described in the Commitment. The Commitment shall: (a) be in the amount of the purchase price; (b) name Habitat as the proposed insured; and (c) include a commitment for extended coverage over all of the general exceptions, except matters which cannot be insured over. Any loan policy premiums, additional provisions for extended coverage, affirmative endorsements, or coverages in excess of the Insured Price shall be at Habitat’s sole cost. Habitat shall have ten (10) calendar days to notify City in writing (the “Objection Notice”) which of the liens, encumbrances and other matters described therein which are unacceptable (the “Unpermitted Matters”). City shall have thirty (30) days to remove such Unpermitted Matters or remedy same in a manner satisfactory to Habitat, in City’s sole and absolute discretion. If City is unable or unwilling to remove any such Unpermitted Matters or remedy same in a manner satisfactory to Habitat, in Habitat’s sole and absolute discretion, Habitat shall have the option of either (A) proceeding with this Agreement, in which event Habitat shall be deemed to have waived any Unpermitted Matters not remedied by City and they shall be deemed Permitted Exceptions, provided that City must cure at Closing all liens and encumbrances of a definite or ascertainable amount, or (B) terminating this Agreement, in which event neither party shall have any further obligations or liabilities hereunder. Habitat shall exercise one of its options set forth in clause (A) or 10 DRAFT - October 22, 2025 (B) above by providing written notice thereof to City and, if Habitat fails to provide such notice within such time, then Habitat shall be deemed to have elected to waived any Unpermitted Matters and proceed with this Agreement. F. TITLE AND DEED. City shall deliver to Habitat at Closing a warranty deed conveying title to the Property to Habitat in fee simple, free and clear of all liens, encumbrances and rights of others, except the Permitted Exceptions (as defined above). G. CLOSING. 1 Closing Date. The sale of four (4) lots of the Property to Habitat shall be consummated (the “Closing”) on or before January 31, 2026; the sale of the remaining lots shall be completed by such other date as is agreed upon by City and Habitat, which shall in no event be no later than December 31, 2029 (the “Closing Date”). 2 Closing Documents. (a) In addition to the Title Policy, City shall deliver to Habitat at Closing the following, all in a form and substance reasonably acceptable to Habitat: (i) A warranty deed conveying to Habitat fee simple title to the Property, together with all easements and other appurtenances thereto subject to the Permitted Exceptions, applicable building and zoning regulations, real estate taxes for the year of Closing (if any), and all matters which would appear on a current and accurate survey of the Property (unless Habitat causes a survey to be performed and certified to the Title Company). (ii) Such other documents and instruments as may be required to transfer City’s interest in the Property to Habitat, including, without limitation, (A) a general assignment of all property, rights and interests constituting the Property that are not covered by the instruments described Section 2(a)(i), above (including all service contracts and other agreements, warranties, licenses and permits benefiting the Property, or any part thereof), and (B) any consents from third parties that are required to properly and legally effect the transfer of the various rights, titles and interests contemplated hereunder; 11 DRAFT - October 22, 2025 (iii) A FIRPTA Affidavit from City certifying that City is not a “foreign person,” “foreign estate,” “foreign corporation” or “foreign partnership” or any other foreign entity as such terms are defined in Section 1445 of the Internal Revenue Code and the income tax regulations promulgated thereunder; (iv) An owner's affidavit in form sufficient and acceptable to the Title Company so as to allow it to eliminate the standard printed exception relating to mechanic's liens from the title commitment and policy; and (v) Such other documents as reasonably may be required by Habitat or the Title Company to consummate the transactions contemplated by this Agreement. (b) Habitat shall deliver to City at Closing the Purchase Price, plus or minus prorations, together with any and all such documents as are reasonably required by the Title Company to issue the Title Policy and close the purchase by Habitat of the Property. (c) City and Habitat shall jointly deliver (i) signed copies of a closing statement and (ii) all required real estate transfer tax declarations, returns or affidavits. 3. PRORATIONS. a. Real Estate Taxes and Assessments. All real estate taxes and assessments, if any, levied or assessed on or against the Property shall be prorated on an accrual basis as of the Closing Date. b. Operating and Utility Costs. Any operating and utility costs accrued up to but not including the Closing Date shall be paid by City. Any such expenses which are prepaid as of the Closing Date shall be credited to City. Habitat shall be responsible to pay such expenses accruing from and subsequent to the Closing Date. Any expenses that have accrued up to the Closing Date but have not been billed to or paid by City as of the Closing Date shall, to the extent possible, be paid by City (with such payment evidenced to Habitat) at the time of Closing, or, if not so payable, at Habitat’s option, shall be credited to Habitat, provided that such credit shall not release City of the obligation to make full payment if the credit is insufficient for any reason. 12 DRAFT - October 22, 2025 c. Miscellaneous. All other items which are customarily prorated in transactions similar to the transaction contemplated hereunder and which are not otherwise addressed in this Agreement, will be prorated as of the Closing Date. 4. POSSESSION. Exclusive possession of the lots at each phase of the Purchase of the Property shall be given by City to Habitat at the time of Closing. Except as specifically set forth herein, Habitat shall accept the Property in the condition that the Property is in on the Effective Date. 5. CLOSING COSTS. Habitat shall pay the following expenses incurred in connection with the transactions described herein: (i) one-half of all escrow and closing fees charged by the Title Company; (ii) the fee for the recording of the deed and any mortgage(s); (iii) Habitat’s legal fees and expenses; (iv) any survey costs initiated by Habitat; and (v) the cost of any requested or required loan policy, extended or excess coverage or title insurance endorsements. City shall pay (i) the costs of the Commitment, Title Policy (except as may be additional requested by Habitat), and the cost of removing all Unpermitted Matters from title; (ii) one-half of all escrow and closing fees charged by the Title Company; (iii) City’s legal fees and expenses; and (iv) all real estate transfer taxes. 6. REAL ESTATE COMMISSIONS. Each party represents and warrants to the other that no person or entity acting as real estate broker, finder or real estate agent brought about this Agreement. Each party agrees to and does hereby indemnify the other from all loss, damage, cost, or expense (including attorneys’ fees) that the indemnified party may suffer as a result of any claim or action brought by any person or entity acting or allegedly acting on behalf of the other party in connection with this transaction. G. AS-IS CONDITION. Except as specifically set forth within this Agreement, Habitat shall accept the Property at Closing in its then “AS-IS, WHERE IS” condition with all faults, and Habitat shall be deemed to have released and discharged City from any and all claims or causes of action relating to the Property. Habitat acknowledges that it will have had adequate opportunity to inspect the Property, observe its physical condition and conduct such investigations and studies on or over the Property as it deems necessary, and hereby waives any and all objections to or complaints regarding the Property and its condition. Habitat further assumes the risk of changes in applicable law and regulations relating to past, present 13 DRAFT - October 22, 2025 or future environmental conditions of the Property and the risk that adverse physical characteristics and conditions, including the presence of hazardous materials or other contaminants, may not have been revealed by its investigations. H. Survival. The provisions of this Agreement shall not be merged into any deed or other document, and shall survive Closing. Article V. Default. The occurrence of any one or more of the following events shall constitute a default of this Agreement: (a) Habitat fails to pay when due any amount due from it under this Agreement; or (b) Any representation or warranty made by Habitat in this Agreement or any document delivered by Habitat pursuant to this Agreement shall prove to have been false in a material way as of the time made or given; or (c) Habitat breaches or fails to substantially perform timely or observe timely any of its covenants or obligations under this Agreement, and such failure shall continue for thirty (30) days following notice thereof from the City to Habitat (or such longer period of time as is necessary to cure the default as long as Habitat has commenced the cure of the default within the thirty (30) day period and is diligently pursuing to cure the default and as long as the default is cured not later than one hundred eighty (180) days following notice thereof from the City); or (d) The Project is not substantially completed on or before the Completion Date (subject to matters of force majeure); or (e) Habitat: (i) becomes insolvent or generally does not pay, or be unable to pay, or admits or states in writing that it is unable to pay, its debts as they mature; or (ii) makes a general assignment for the benefit of creditors or to an agent authorized to liquidate any substantial amount of its assets; or (iii) become the subject of an order for relief within the meaning of the United States Bankruptcy Code, or files a petition in bankruptcy, for reorganization or to effect a plan or other arrangement with creditors; or (iv) has a petition or application filed against it in bankruptcy or any similar proceeding, and such petition, application or proceeding is not dismissed within ninety (90) days after filing, or Habitat files an answer to such a petition or application in which material allegations thereof are admitted; or (v) applies to a court for the appointment of a receiver or custodian for any of its assets or properties or have a receiver or custodian appointed for any of its assets or properties, with or without consent, and such receiver is not 14 DRAFT - October 22, 2025 discharged within ninety (90) days after appointment; or (vi) adopts a plan of complete liquidation of its assets. 12. Remedies. Upon the occurrence of any default, without further notice, demand or action by any kind by the City, the City may, at its option, pursue any one or more of the following remedies concurrently or successively: (a) Terminate this Agreement. Upon termination of the Agreement, any parcels on which construction has not commenced, shall be reconveyed to the City at the City’s option for the purchase price under the terms of this Agreement. (b) Pursue any or all of the rights and remedies available to the City at law and/or in equity against Habitat, the Property, and/or the Project. (c) Except as may be otherwise specifically set forth herein, no remedy herein conferred upon the City is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, and/or available to the City under any other covenants, restrictions, documents or instruments, and/or now or hereafter existing at law or in equity. No failure or delay on the part of the City in exercising any right or remedy shall operate as a waiver thereof nor shall any single or partial exercise of any right preclude other or further exercise thereof or the exercise of any other right or remedy. Notwithstanding any of the foregoing authorizations, the City shall have no duty or obligation whatsoever with respect to any of the matters so authorized. Article VI. Liability. (a) No Personal Liability. Under no circumstances shall any council member, official, director, attorney, employee, or agent of a party have any personal liability arising out of this Agreement, and no party shall seek or claim any such personal liability. (b) Indemnification. While the City is providing funding through loans and other support for the Project, it remains a Habitat project and Habitat is responsible for the Property and activities related to the Property and Project after the City conveys it to Habitat. Therefore, Habitat covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may result from the intentional or negligent actions of Habitat, its partners, agents, and assigns, its employees, volunteers, contractors, or subcontractors related however remotely to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation and shall indemnify and reimburse to the City all sums, including court costs, attorneys fees, and punitive damages which the City may be obliged or adjudged, by a 15 DRAFT - October 22, 2025 court of competent jurisdiction, to pay on any such claims or demands within thirty (30) days of the date of the City’ written demand for indemnification and/or reimbursement for those actions, claim, and demands caused by or resulting from the intentional or negligent acts as specified in this paragraph. Article VII. Miscellaneous. A. No Assignment without Consent. Except as otherwise specifically set forth herein, the respective rights and liabilities of the City and Habitat in this Agreement are not assignable or delegable, in whole or in part, without the prior written consent of the other party. Provisions of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. B. City Right of First Refusal. If Habitat chooses not to build on any lot that the City has conveyed to Habitat, Habitat shall offer to convey the lot back to the City for a sum equal to Habitat’s purchase price. C. Modifications. No waiver, amendment, or variation of the terms of this Agreement shall be valid unless in writing and signed by the City and Habitat, and then only to the extent specifically set forth in writing. D. 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, or (iii) upon transmission if by facsimile, 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 Attn: Director of Community Development 215 Church Avenue Post Office Box 1130 Oshkosh, WI 54903-1130 With a Copy to: Oshkosh City Attorney’s Office 215 Church Avenue Post Office Box 1130 Oshkosh, WI, 54903-1130 If to Habitat: Habitat for Humanity of Oshkosh, Inc. Attn: Thomas J. Simon 16 DRAFT - October 22, 2025 2559 Badger Avenue Oshkosh, WI 54904 With a copy to: Attorney Jason J. Hirschberg Hirschberg Law, LLC 625 Bay Shore Drive Oshkosh, WI 54901 E. Entire Agreement. This Agreement and the documents executed pursuant to this Agreement contain the entire understanding of the parties with respect to the subject matter hereof. There are no restrictions, promises, warranties, covenants or understandings other than those expressly set forth in this Agreement and documents executed in connection with this Agreement. This Agreement and the documents executed in connection herewith supersede all prior negotiations, agreements and undertakings between the parties with respect to the subject matter hereof. F. No Third Party Beneficiary. This Agreement is intended solely for the benefit of Habitat and the City, and no third party (other than successors and permitted assigns) shall have any rights or interest in any provision of this Agreement, or as a result of any action or inaction of the City in connection therewith. Without limiting the foregoing, no approvals given pursuant to this Agreement by Habitat or the City, or any person acting on behalf of either of them, shall be available for use by any contractor or other person in any dispute with the construction of the Project. G. Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Wisconsin applicable to contracts made and wholly performed within the State, with the venue of any dispute being Winnebago County, Wisconsin. H. Counterparts. This Agreement may be executed in several counterparts. Each counterpart shall be deemed an original, with each counterpart collectively constituting but one in the same Agreement. Facsimile signatures shall be deemed original signatures for all purposes of this Agreement. I. Severability of Provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be in effect to the extent of such prohibition or enforceability without invalidating the remaining provisions of this Agreement in such jurisdiction or affecting the validity or enforcement of any provision in any other jurisdiction. 17 DRAFT - October 22, 2025 J. No Partnership or Joint Venture. Nothing contained in this Agreement or any other documents executed pursuant to this Agreement shall be deemed or construed as creating a partnership or joint venture between the City and Habitat, or between the City and any other person or entity related to the Project, or cause the City to be responsible in any way for the debts or obligations of Habitat, or of any other person or entity related to the Project, or cause Habitat to be responsible in any way for the debts or obligations of the City. The City and Habitat represent, warrant and agree, for themselves and their successors and assigns, not to make any statements or assertions inconsistent with this acknowledgement, or with the acknowledgement and Agreement contained in the preceding sentence in the event of any action, suit or proceeding, at law or in equity, with respect to the transactions which are the subject of this Agreement and this paragraph may be pleaded and construed as a complete bar and estoppel against any assertion by or for a party and its successors and permitted assigns, that is inconsistent with its acknowledgement and agreement contained in the preceding sentence. K. Time of the Essence. Time is of the essence as to each and every obligation or promise contained in this Agreement. Any delay by the City in enforcing any obligation or promise shall not waive the City’s ability to expect that timely completion of obligations and/or promises. L. Force Majeure. If any party is delayed or prevented from timely performing any act required under this Agreement other than the payment of money, by reason of fire, earthquake, war, terrorist act, flood, riot, strikes, labor disputes or shortages, government restrictions, judicial order, public emergency, or other causes beyond the reasonable control of the party obligated to perform, the performance of such act shall be excused for the period of such delay and the time for the performance of any such act shall be extended for a period equivalent to such delay. M. Recording. This Agreement, or a memorandum of this Agreement in lieu of the full Agreement, may be recorded in the office of the Register of Deeds of Winnebago County, Wisconsin. It is understood by the parties that until Expiration Date, this Agreement will run with the land and will be binding upon the Property. N. Headings. The headings to this Agreement are for reference only and are not intended to modify any of the terms and conditions of this Agreement. O. No Drafting Presumptions. This Agreement is the product of negotiation between the parties and as a result no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against either party hereto solely on the basis that one party or the other drafted this Agreement or any particular term, covenant or condition contained herein. 18 DRAFT - October 22, 2025 P. Cooperation in Audits. Habitat agrees to fully and completely cooperate with the City, the City’s Auditors or other representatives, collectively “the City”, in connection with any internal or governmental investigation, administrative or regulatory review or proceeding, or any internal or governmental audit. Such cooperation may include, but shall not be limited to, responding to requests for document and/or other records, making staff or others available upon reasonable notice for interviews or providing statements, and providing information within a reasonable timeframe requested. The City shall reimburse Habitat for reasonable direct expenses incurred in connection with providing documents and records such as copying, postage and similar costs but shall not include wages, salaries, benefits or other compensation for employee services provided under this paragraph. Q. Waiver. Failure of either 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. City Authorization. The execution of this Agreement by the City is authorized by Common Council Resolution No. __________ dated ______________ 2025. [SIGNATURE PAGES FOLLOW] 19 DRAFT - October 22, 2025 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF OSHKOSH, WISCONSIN By: Rebecca Grill Its: City Manager By: Cheryl Pionke Its: Interim City Clerk Approved as to form: By: _ _________________________ Lynn A. Lorenson Its: City Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Agreement. Julie Calmes, Finance Director STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) Personally came before me this _____ day of ____________, 2025, the above-named Rebecca Grill, City Manager, and Cheryl Pionke, Interim City Clerk, to me known to be the persons who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: 20 DRAFT - October 22, 2025 HABITAT FOR HUMANITY OF OSHKOSH, INC. By: ___________________________, Board President By: _________________________________, Board Secretary AUTHENTICATION ACKNOWLEDGMENT Signature(s): ___________________________ STATE OF WISCONSIN ) ______________________________________ ) ss. authenticated on ________________________ COUNTY OF WINNEBAGO ) ______________________________________ On this _____ day of ______, 2025 personally came before me the above named ____________ Title: Member of State Bar of Wisconsin and _______________, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin My commission expires: . T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Sara Rutkowski, Community Development Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-562 Approve 2026 Business Improvement District Operating Plan and Budget ($135,000.00) B A C K G R O U N DBACKGROUND Th e Down town O sh k osh Bu sin ess Im prov em en t District (BID) is requ ired to dev elop an an n u al operatin g plan an d bu dget w h ich in clu des a calcu lation of assessm en ts accordin g to th e statu tory form u la. Th e con ten ts of th e plan are m an dated by State statu tes an d h av e been approv ed by th e City Attorn ey as con sisten t w ith statu tory requ irem en ts. Th e Com m on Cou n cil's role is to rev iew an d approv e or den y th e operatin g plan an d bu dg et as presen ted. An y su gg ested ch an ges or alteration s to th e plan or bu dget m u st be referred back to th e BID Board for th eir con sideration . A N A L Y S I SANALYSIS In 2 0 2 5 , th e BID tran sition ed to n on profit statu s, w ith Down town O sh k osh , In c. m an ag in g all operation s an d fin an ces. Becau se th e bu dget an d operatin g plan w ill be execu ted by Dow n tow n O sh k osh , In c., on ly th e self-assessm en t rev en u e of $1 3 5 ,0 0 0 is in clu ded in th e attach ed presen ted bu dget. F I S C A L I M P A C TFISCAL I M P A C T Th e BID is a self-assessin g en tity an d receiv es n o direct City fu n din g for th eir operatin g bu dget bu t does receiv e in -k in d serv ices from v ariou s City departm en ts. R E C O M M E N D A T I O NRECOMMENDATION Th e BID Board recom m en ded approv al of th e 2 0 2 6 Bu sin ess Im prov em en t District O peratin g Plan an d Bu dget at th eir O ctober 2 1 , 2 0 2 5 m eetin g . Staff recom m en ds th e Com m on Cou n cil approv e th e 2 0 2 6 Down town O sh k osh Bu sin ess Im prov em en t District O peratin g Plan an d Bu dget. A t t a c h m e n t sAttachments Res 25-562 2026 BID Operating Plan 10/28/2025 25-562 RESOLUTION PURPOSE: APPROVE 2026 BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND BUDGET ($135,000.00) INITIATED BY : DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BOARD BID BOARD RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Downtown Oshkosh Business Improvement District 2025 Operating Plan and Budget in the amount of $135,000.00 and carried forward reserves and revenues is hereby approved and adopted. DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2026 OPERATING PLAN BID Board Approved: Common Council Approved: TABLE OF CONTENTS DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES .............................................................. 1 INTRODUCTION ..................................................................................................................... 2 THE BID LAW ......................................................................................................................... 2 2026 OPERATING PLAN AND ASSESSMENT ............................................................................. 3 PLAN OF ACTION/GOALS PROGRAM CATEGORIES…………………………………………………………………………………………………………3 ORGANIZATION ..................................................................................................................... 5 RELATIONSHIP TO DOWNTOWN PLANNING ........................................................................... 6 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD .............................................................. 6 APPENDIX A - BUDGET ………………………………………………………………………………………………………….8 APPENDIX B - ASSESSMENT ROLL ......................................................................................... 10 APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 12 APPENDIX D - LEGAL OPINION 14 APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER 15 Downtown Oshkosh Business Improvement District Boundaries In general, the boundaries of the Downtown Oshkosh Business Improvement District are the Fox River on the south, Division St. on the west, Parkway Ave. on the north and Jefferson St./State St. on the east. INTRODUCTION In 1980, the Common Council adopted the Downtown Redevelopment Plan and Implementation Strategy. The Plan recommended increasing organiz ational efforts between the public and private sectors as well as establishing a voluntary special assessment district. A follow-up study, Planning Report - Central City Oshkosh, approved by the Common Council in 1987, expanded various elements of the previous plan and recommended the creation of a management vehicle and funding base to serve the downtown area. The management tool recommended was a Business Improvement District. The Downtown Oshkosh Business Improvement District (BID) is an essential ent ity to the Central Business District of Oshkosh. The BID, created in 1987, has maintained its initial premise to retain available free parking in the downtown, as well as proactively support revitalization efforts. Through the BID, property owners assess themselves to pay for activities to enhance and improve the downtown and to bring customers to the area. The downtown continues to change as the mix of residential, commercial and professional occupants fill the district. The BID welcomes these changes as opportunities to continue economic development in our central city. As of 2026, Downtown Oshkosh, Inc. (DOI), a nonprofit organization, is under contract with the BID to administer the Operating Plan. This transition allows for professionalized serv ice delivery and greater alignment with broader downtown revitalization efforts. BID LAW On April 6, 1984, the State of Wisconsin passed a law (Act 184), which allows for the creation of Business Improvement Districts. The law authorizes cities, villages and towns to create one or more business improvement districts to allow businesses within those districts to develop, manage, maintain and promote their districts and to establish an assessment method to fund these activities. A BID must be a geographic area within a municipality consisting of contiguous parcels that are subject to real estate taxes. The formation of a Business Improvement District allows downtown businesspeople, property owners, merchants, City officials and others to work together to determine what needs to be done to upgrade and strengthen the downtown and to pay the cost of those efforts, in whole or in part. It is a way for downtown stakeholders to decide what they want and to finance it. A BID is the best available method for businesspeople to organize, coordinate marketing and promotion efforts, provide management and maintenance programs and encourage business development. It affords property owners and businesspeople a viable role in directing those affairs within the district. It also ensures that all beneficiaries of District programs participate in the funding of the programs. Appendix C is a copy of the Wisconsin Statutes Section 66.1109, regarding BIDs. DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2026 OPERATING PLAN AND ASSESSMENT The Downtown Oshkosh BID has allocated funds for each program category after reviewing previously supported activities and soliciting proposals for events for the 2026 Operating Plan based on historical priorities and current needs identified by the BID Board. All costs related to the program categories listed below will be incurred in the calendar year 202 6. All expenses outlined below will be administered through a professional services contract with Downtown Oshkosh, Inc. (DOI), which is responsible for implementing the BID Operating Plan on behalf of the Board. All revenues shall be assessments and income from BID events. The BID budget is organized into the following categories: Program Management & Administration, Beautification & Public Space Improvements, Grant Programs, Marketing & Promotion, and Reserves. The BID will assess itself $134,832.17 in 2026. PLAN OF ACTION/GOALS The BID will continue to invest in projects, partnerships, and services that enhance the economic vitality, appeal, and functionality of the downtown district. In 2026, the BID will focus on initiatives that leverage the contractual relationship with Downtown Oshkosh, Inc. (DOI) t o ensure coordinated execution of programs while maintaining clear organizational separation and accountability. These goals directly align with the BID’s mission and the 2026 budget priorities. 1. Maintain a clean, safe, and welcoming downtown: Continue year-round maintenance, beautification projects, and public space enhancements to ensure a positive experience for residents, workers, and visitors. 2. Support business recruitment and retention: Work with DOI, the City, and economic development partners to strengthen the downtown business mix, encourage investment, and fill service gaps. 3. Enhance public spaces with seasonal plantings, décor, and art installations: Build on the BID’s identity by creating vibrant, attractive spaces that encourage people to linger and return. 4. Increase downtown marketing visibility: Fund coordinated marketing campaigns that highlight downtown businesses and events, targeting both local residents and visitors. 5. Strengthen partnerships to deliver events and programs that drive economic activity: Collaborate with local organizations to produce well-promoted events that support business revenue and foster community pride. PROGRAM CATEGORIES This Operating Plan reflects the portion of the Downtown Oshkosh, Inc. budget that is funded through BID assessments and subject to public reporting. As DOI is an independent nonprofit organization, the remainder of its operating budget, which includes sponsorships, private fundraising, and grants; is not included here but is managed under standard no nprofit governance and oversight. The Downtown Oshkosh BID has allocated funds for the 2026 Operating Plan based on historical priorities and current needs identified by the BID Board. All expenses outlined below will be administered through a professional services contract with Downtown Oshkosh, Inc. (DOI), which is responsible for implementing the BID Operating Plan on behalf of the Board. Program Management & Administration - $80,000 DOI Service Agreement Contract - $80,000 Through its contract with Downtown Oshkosh, Inc. (DOI), the BID funds professional management services to implement the Operating Plan. This includes staffing, administrative overhead, financial tracking, program coordination, stakeholder engagement, and compliance reporting. Beautification & Public Space Improvements - $30,000 Funds allocated to enhance and maintain the physical appearance and appeal of Downtown Oshkosh through seasonal plantings, cleanup efforts, and the ongoing seagull mitigation project. Monthly Maintenance The Downtown BID maintains many different beautification efforts throughout the downtown area from seasonal banners and tree lightings to murals and garbage cleanup. Seasonal Plantings These funds will be used for flowers for the BID’s 103 flower pots and 20+ bump outs as well as holiday greens and decor for the pots in the winter months. Seagull Mitigation Project The BID contracts with the U.S. Department of Agriculture’s Wildlife Services team for the removal of seagull eggs and nests throughout the downtown area. This is a multi-year process with a contract with the USDA. Grant Programs - $7,500 To support revitalization and economic development, BID funds are allocated to grant programs for business recruitment, property beautification, and public art. All programs are administered and promoted by DOI. Recruitment Fund Grant The Recruitment Fund Grant is offered as an incentive tool to recruit small businesses to fill vacant spaces and energize the downtown. This grant can be used for leasehold improvements, signage, fixtures and inventory/equipment. Recruitment print materials are also taken from this line item. Beautification Grant Program The Beautification Grant Program was created to provide funds to businesses and/or property owners within the BID to assist with exterior building improvements including but not limited to facades, windows, doors and signage. The purpose of this grant is to improve the business climate in Downtown Oshkosh, enhance the quality of life and to encourage the development and maintenance of the buildings within the Business Improvement District. Beautification print materials are also taken from this line item. Mural Grant Program The Mural Grant Program was established to provide funds to property owners/artists within the BID to encourage exterior artwork that contributes to the beautification and economic vitality of the Downtown Oshkosh BID. Marketing & Promotion - $10,000 Targeted promotional efforts to increase awareness and visibility of Downtown Oshkosh and its events, programs, and businesses. BID marketing is managed by DOI and includes print, digital, and social outreach specifically funded by the BID assessment. Reserves/Capital Improvements - $170,000 estimated These funds have been set aside by the Board for projects and programs to support BID businesses. Any unspent funds from 2026 will be transferred into this account, unless otherwise mentioned as a rollover or transfer into a different line item. Sources of Program Funding: ARPA Funding - $50,000 2026 BID Tax Assessment - $134,832.17 ORGANIZATION Pursuant to Section 66.1109(3), Wisconsin Statutes, a Downtown Business Improvement District Board has been appointed by the Mayor and confirmed by the Common Council. The Board is comprised of seven (7) members and two (2) alternates with the addition of a non- voting Council liaison appointment. By-Laws Amended February 2024 The distribution of non-occupant owners and owners/occupants may vary from time to time, as members are reappointed or as new members join the Board. Per section 66.1109 (3a), Wisconsin Statutes, a majority of the board members shall own or occupy real property in the Business Improvement District. Nonresidents of the City of Oshkosh are permitted as members of the Downtown Oshkosh Business Improvement District Board . Other membership requirements may apply per the “By-Laws of the Downtown Oshkosh Business Improvement District” (dated December 19, 1989, amended June 15, 2004, April 19, 2011, April 18, 2017 October 16, 2018, March 19, 2019 and February 24, 2024). In addition, Board members represent different areas within the District, including large and small businesses. As a City entity, the Board will conduct its affairs under the open meetings law and public record requirements. The Director of Community Develop ment or designee serves as the Secretary of the Board. Board meetings are held the third Tuesday of the month, starting at 8:00am, at Oshkosh City Hall or other venue within the BID. A roster of the 2025 BID Board members is included as Appendix E. The Board is responsible for the management of the Business Improvement District. Responsibilities of the Board include implementing the Operating Plan and preparing annual reports on the District. The Board will also annually consider and make changes t o the Operating Plan and submit the Operating Plan and Budget to the Common Council for approval. RELATIONSHIP TO DOWNTOWN PLANNING Creation of the Business Improvement District promotes the orderly development of the municipality by implementing recommendations of the City Comprehensive Plan, Downtown Action Plan and Imagine Oshkosh that contain various elements related to downtown design and development with prominent focus on beautification in BID areas as well as the promotion of downtown tourism. In 2000, the Common Council adopted the Downtown Action Plan, which contains various elements related to downtown design and development with prominent focus on redevelopment and beautification in BID areas. In November of 2017, the Common Council adopted Imagine Oshkosh, A Master Plan for our Center City. Imagine Oshkosh is an update and expansion to the Downtown Action Plan and serves as a policy guide and action framework for the center city which includes the BID. The Downtown Oshkosh Business Improvement District is consistent with and critical to the continued successful implementation of these downtown plans. The BID enables the private sector to undertake promotion, management, marketing and other programs essential to a prosperous downtown. As of September 22nd, 2025, implementation of the BID Operating Plan has been formally contracted to Downtown Oshkosh, Inc. (DOI), a nonprofit organization responsible for managing BID-funded services in alignment with these planning priorities. DOWNTOWN OSHKOSH BID ASSESSMENT METHOD The Downtown Oshkosh Business Improvement District special assessment method utilizes assessed value information and property street footage data, both of which are available from the City Assessor's Office. As the absolute values of assessed value and footage cannot be combined, the values are calculated as a percentage of the total assessed value and a percentage of the street footage. The two percentages are added together, then divided by 200 percent, which results in a proportionate value of the total district. In 2021, the BID increased the minimum special assessment from $420.00 to $445.00 and the maximum special assessment from $8,400.00 to $8,820.00. The 2025 minimum and maximum assessments will not be increased, staying at $445.00 & $8,820.00, respectively. Properties with a proportionate value between 0.0000% and 0.2486% are assessed the minimum special assessment of $445.00. Properties with a proportionate value greater than 5.7100% are assessed the maximum special assessment of $8,820.00. For properties with a proportionate value between 0.2487% and 5.7099% - The property’s proportionate value is multiplied by $1,633.5862, resulting in the special assessment for the property. Example: 101 Algoma Boulevard has a Proportionate Value of 0.330955%. When multiplied by $1,633.5862, the special assessment is $540.64. (0.330955% x $1,633.5862= $540.64) The raw data, assessment calculations and proposed District assessment for each property in the Downtown Oshkosh Business Improvement District are presented in Appendix B. The data for the assessment method have been obtained from the files of the City Assessor and are subject to final tabulation by the City. To account for street front footages, the fron tage of the property’s primary address as identified by the City Assessor is used. Properties with more than one street frontage are not combined. Only property used for commercial and manufacturing purposes, including real property used exclusively for manufacturing purposes, in the District will be assessed. Real property used exclusively for residential (single and two-family) purposes will not be assessed. APPENDIX A: 2026 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BUDGET REVENUES (BID) Amount BID Special Assessment $ 135,000 Total BID Revenue $ 135,000 Expenses Funded by BID Amount Contract to DOI for Administration (Staff, Admin) $ (130,000) Includes staffing, reporting, compliance, communications and admin support Beautification (Plantings, Maintenance, Seagull Mitigation) Grant Programs (Recruitment, Mural, Beautification). BID-Specific Marketing Contingency $ (5,000) Total BID Expenses $ (135,000) Total Operating Income/Loss $ - APPENDIX B – ASSESSMENT ROLL APPENDIX C – BID STATE STATUTES 66.1109 Business improvement districts. (1) In this section: 66.1109(1)(a)(a) “Board" means a business improvement district board appointed under sub. (3) (a). (b) “Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (c) “Chief executive officer" means a mayor, city manager, village president or town chairperson. (d) “Local legislative body" means a common council, village board of trustees or town board of supervisors. (e) “Municipality" means a city, village or town. (f) “Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its relationship to any municipal master plan. 5. A legal opinion that subds. 1. to 4. have been complied with. (g) “Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40 percent of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40 percent of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed initial operating plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (2m) A municipality may annex territory to an existing business improvement district if all of the following are met: (a) An owner of real property used for commercial purposes and located in the territory proposed to be annexed has petitioned the municipality for annexation. (b) The planning commission has approved the annexation. (c) At least 30 days before annexation of the territory, the planning commission has held a public hearing on the proposed annexation. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of a detail map showing the boundaries of the territory proposed to be annexed to the business improvement district shall be sent by certified mail to all owners of real property within the territory proposed to be annexed. The notice shall state the boundaries of the territory proposed to be annexed. (d) Within 30 days after the hearing under par. (c), the owners of property in the territory to be annexed that would be assessed under the operating plan having a valuation equal to more than 40 percent of the valuation of all property in the territory to be annexed that would be assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property in the territory to be annexed that would be assessed under the operating plan having an assessed valuation equal to more than 40 percent of the assessed valuation of all property in the territory to be annexed that would be assessed under the operating plan, have not filed a petition with the planning commission protesting the annexation. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement district shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include one of the following: 1. If the cash balance in the segregated account described under sub. (4) equaled or exceeded $300,000 at any time during the period covered by the report, the municipality shall obtain an independent certified audit of the implementation of the operating plan. 2. If the cash balance in the segregated account described under sub. (4) was less than $300,000 at all times during the period covered by the report, the municipality shall obtain a reviewed financial statement for the most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant. (cg) For calendar years beginning after December 31, 2018, the dollar amount at which a municipality is required to obtain an independent certified audit under par. (c) 1. and the dollar amount at which a municipality is required to obtain a reviewed financial statement under par. (c) 2. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2017, as determined by the federal department of labor. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. (cr) The municipality shall obtain an additional independent certified audit of the implementation of the operating plan upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits and reviewed financial statements required under sub. (3) (c), or on order of the board for the purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special assessment. (4g) A municipality may convert a business improvement district under this section into a neighborhood improvement district under s. 66.1110 if an owner of real property that is subject to general real estate taxes, that is used exclusively for residential purposes, and that is located in the business improvement district petitions the municipality for the conversion. If the municipality approves the petition, the board shall consider and may make changes to the operating plan under s. 66.1110 (4) (b). (4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business improvement district. (b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business improvement district is not terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indicate that copies of the operating plan are available from the planning commission on request. (d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the assessed valuation of all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement district at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property. (d) If real property that is specially assessed as authorized under this section is of mixed use such that part of the real property is exempted from general property taxes under s. 70.11 or is residential, or both, and part of the real property is taxable, the municipality may specially assess as authorized under this section only the percentage of the real property that is not tax-exempt or residential. This paragraph applies only to a 1st class city. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85; 2017 a. 59, 70, 189. APPENDIX D - Legal Opinion APPENDIX E Downtown Oshkosh Business Improvement District Board Members Board Member Category Term Expires Megan Lang, Chair Owner/Non-Occupant 10/14/2028 James Evans, Vice Chair Owner/Occupant 10/14/2028 Marlo Ambas Owner/Occupant 10/14/2028 Andy Ratchman Non-Owner/Occupant 10/14/2027 Derek Mulloy Non-Owner/Occupant 10/14/2027 James Stapel Owner/Occupant 10/14/2026 Sandra Prunty Owner/Occupant 10/14/2026 Autumn Urban (alt) Non-Owner/Occupant 10/14/2027 Carrie Olson (alt) Owner/Occupant 10/14/2026 Vacant Council Liaison T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Julie Calmes, Finance Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Res 25-563 Approve 2026 - 2035 Capital Improvement Program B A C K G R O U N DBACKGROUND Th e Com m on Cou n cil h eld bu dg et work sh ops on Ju n e 2 5 th , O ctober 1 4 th , an d O ctober 1 5 th to discu ss th e 2 0 2 6 operatin g bu dget an d th e 2 0 2 6 -2 0 3 5 Capital Im prov em en t Plan (CIP). Staff h av e m ade som e ch an ges sin ce th e O ctober 1 4 th an d 1 5 th w ork sh ops based on discu ssion s th at w ere h ad w ith Cou n cil m em bers as well as addition al in form ation th at w e h av e receiv ed. Th ese ch an g es are: Clearw ells R eplacem en t project h as been added to th e CIP for years 2 0 2 6 an d 2 0 2 7 . Th is is an on goin g project th at h as been in th e CIP in prior years. Ph osph orou s Lim it Project we added an am ou n t for th e year 2 0 2 7 to th e CIP. Th is is an on goin g project th at h as been in th e CIP in prior years. WWTP Collection System In spection s was added to th e CIP for 2 0 2 6 . Th is is an on goin g project th at h as been in th e CIP in prior years. Update/R elocate Du m p Site was added to th e CIP for years 2 0 2 6 an d 2 0 2 7 . Th is is an on goin g project th at h as been in th e CIP in prior years. Ph ase Tw o of Tran sit Cen ter was added to th e CIP for 2 0 2 6 . Th is is an on goin g project th at h as been in th e CIP in prior years. Vac All Catch Basin Clean ers in th e Storm Water CIP h as been in creased to $6 2 5 ,0 0 0 an d m ov ed from 2 0 2 6 to 2 0 2 7 , as staff w ork with th e m an u factu rer on poten tial solu tion s to exten d th e life of th e cu rren t u n it. I-4 1 Pedestrian Bridge h as been rem ov ed from th e proposed 2 0 2 6 -2 0 3 5 bu dget at th is tim e, bu t is sch edu led for cou n cil discu ssion at a Cou n cil work sh op after th e Nov em ber 4 th Pu blic Hearin g on th e bu dg et. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds th at Cou n cil approv e th e 2 0 2 6 -2 0 3 5 Capital Im prov em en t Plan . It is im portan t to n ote th at th is is a plan for fu tu re capital projects. Th e actu al fu n din g for capital projects an d th e decision to issu e debt for particu lar fu tu re projects w ill be decided at a later date. A t t a c h m e n t sAttachments Res 25-563 2026-2035 Proposed CIP 10/28/2025 25-563 RESOLUTION PURPOSE: APPROVE 2026 - 2035 CAPITAL IMPROVEMENT PLAN INITIATED BY : FINANCE DEPARTMENT WHEREAS, the City Manager has prepared, submitted, and recommended a Capital Improvement Plan for the years 2026-2035 wherein it lists all anticipated revenues and expenditures for said years; and WHEREAS, the Council has considered potential project additions to the 2026 CIP for a total general obligation borrowing of $21,087,100 in 2026; and WHEREAS, the Council has reviewed the plan and desire to adopt the plan for purposes of consideration of the proposed projects in the 2026 Final Operating Budget, which will be presented to Council in November. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2026-2035 Capital Improvement Plan, a summary of which is attached hereto, is hereby approved. CIP - Project Detail Sheet City of Oshkosh, Wisconsin FUNDING SOURCE SUMMARY 2026 thru 2030 TotalSource2026 2027 2028 2029 2030 1400-TID Cash 1,075,000600,000 475,000 2000-Trade-In 60,00030,000 30,000 3000-Prior Year Funding-GO 1,233,3001,233,300 3100-Prior Year Funding-Sewer Revenue Bonds 4,815,0003,415,000 1,400,000 3200-Prior Year Funding-Water Revenue Bonds 3,517,6003,517,600 3300-Prior Year Funding-Storm Revenue Bonds 2,100,0001,800,000 300,000 4100-Levy 3,396,500814,500 679,500 622,500 612,500 667,500 4206-FED TRANSIT GRANT 80%44,480,000328,000 8,000 208,000 8,000 43,928,000 4260-Grant 1,700,0001,700,000 4262-State DOT 4,080,6001,883,000 2,197,600 4263-State Grant 1,700,0001,000,000 700,000 4401- GO Debt 149,352,80021,087,100 31,874,800 25,959,900 31,224,000 39,207,000 4402-Debt: State Trust Fund Loan 2,000,0002,000,000 4952-Donations 7,825,0002,600,000 2,400,000 325,000 2,500,000 5273-Sewer Revenue Bonds 95,884,50021,022,200 41,028,000 7,623,900 11,072,400 15,138,000 5275-Safe Drinking Water Loan 45,500,00025,000,000 20,500,000 5275-Water Revenue Bonds 55,044,0004,668,600 8,577,300 19,760,800 20,219,500 1,817,800 5278-Storm Revenue Bonds 23,112,0002,466,500 7,176,600 3,849,000 7,422,700 2,197,200 5280 S/A Replacement-Streets 9,312,8001,959,000 2,247,900 1,023,200 2,306,500 1,776,200 5281 S/A Replacement-Sidewalk 4,763,8001,008,100 1,076,400 437,200 1,248,500 993,600 5284-Water Special Assessments 1,160,000472,700 344,500 334,300 8,500 5285-Wastewater Special Assessments 4,632,3001,270,900 1,353,900 848,700 814,000 344,800 5286-Storm Water Special Assessments 844,100193,100 236,400 122,000 194,800 97,800 5288-Sidewalk Special Assessments 462,50092,500 92,500 92,500 92,500 92,500 5299S-Sewer Utility Fund Balance 3,765,000510,000 720,000 815,000 905,000 815,000 5299SW-Storm Water Utility Fund Balance 3,448,500700,000 743,500 640,000 725,000 640,000 5299T-Transit Fund Balance 169,000107,000 56,000 2,000 2,000 2,000 5299W-Water Utility Fund Balance 9,173,0001,250,000 1,362,000 1,875,000 3,020,000 1,666,000 6000-Carryover from a Prior CIP 1,337,2501,337,250 9000-To Be Determined 51,610,00010,310,000 18,000,000 18,000,000 5,300,000 101,153,350 134,845,300 82,214,000 101,428,500 117,913,400 537,554,550GRAND TOTAL Thursday, October 23, 2025Page 1 CIP - Project Detail Sheet City of Oshkosh, Wisconsin PROJECTS & FUNDING SOURCES BY DEPARTMENT 2026 2035thru Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 0130 - Facilities 00A HVAC/RF 750,000 750,000 750,000 750,000FAC: HVAC/Roofing Replacement 7,500,000750,000 750,000 750,000 750,000 750,000750,000 FAC CITY HL 10,000,000 15,000,000FAC: City Hall Renovation 40,000,00015,000,000 FAC FM TRCTR 35,000FAC: FM Commercial Tractor 35,000 FAC FS 15 RP 4,000,000FAC: Fire Station 15 Improvement 4,000,000 FAC FURN RPL 25,000 25,000 25,000 25,000FAC: Office Furniture Replacement 250,00025,000 25,000 25,000 25,000 25,00025,000 FAC LIB VEH 50,000FAC: 1/2-Ton Extended Cab Pick Up 50,000 FAC OCC FRSH 2,000,000FAC: OCC Interior Refresh 2,000,000 FAC OM MCNT L FAC: Oshkosh Media Master Control 75,00075,000 FAC OM TV SEFAC: Oshkosh Media TV Studio Equipment 70,00070,000 FAC OPM STR G 2,800,000FAC: OPM Artifact Storage Facility 2,800,000 FAC TR ADMIN 50,000,000FAC: Transit Admin Offices 50,000,000 FAC VEH1FAC: 001 1/2-Ton Pickup Truck 53,00053,000 FD LND 16 750,000OFD Land for Station 16 750,000 FD ST 16-19 280,000Fire Stations 16-19 Restroom and/or Kitchen 280,000 FS 16 REPL 5,000,000 4,000,000FAC: Fire Station 16 Replacement 9,000,000 FS 17 RENOFAC: Fire Station 17 Renovation 3,120,0003,120,000 FS 18 RENOFAC: Fire Station 18 Renovation 3,276,0003,276,000 FS 19 RENOFAC: Fire Station 19 Renovation 3,440,0003,440,000 GOH ANNEX 4,825,000 4,790,000FAC: GOH Annex Renovation 9,615,000 JNT TRN CNTR 4,000,000 5,000,000FAC: Joint Public Safety Training Center 14,000,0005,000,000 OM GM CEQ 80,000FAC: OM Gov Mtg Coverage Equip 80,000 OM VANFAC: Oshkosh Media Mini-Van 38,00038,000 OPM LAND IMPFAC: OPM Landscape Improvements 450,00050,000 350,000 50,000 OPM LBY IMP 2,800,000FAC: OPM Lobby Improvements 2,800,000 OPM SWYR 425,000FAC: OPM Sawyer House Windows 425,000 Thursday, October 23, 2025Page 1 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 6,0002000-Trade-In 3,000 3,000 580,00025,000 60,000 60,000 25,000 105,0004100-Levy 25,000 100,000 130,000 25,000 25,000 40,000,00040,000,0004206-FED TRANSIT GRANT 80% 66,506,00011,680,000 8,940,000 5,750,000 8,550,000 17,550,0004401- GO Debt 3,920,000 4,426,000 4,190,000 750,000 750,000 2,000,0002,000,0004402-Debt: State Trust Fund Loan 5,050,0002,600,000 2,400,0004952-Donations 50,000 40,070,00010,070,000 15,000,000 15,000,0009000-To Be Determined 154,212,00016,305,000 21,470,000 20,810,000 23,575,000 57,655,0000130 - Facilities Total 3,945,000 4,529,000 4,373,000 775,000 775,000 OPM TRCTRFAC: OPM Commercial Tractor 35,00035,000 OSC S DIG SN 70,000OSC S Digital Sign 70,000 154,212,00016,305,000 21,470,000 20,810,000 23,575,000 57,655,0000130 - Facilities Total 3,945,000 4,529,000 4,373,000 775,000 775,000 0211 - Police 1,140,000290,000 850,0004401- GO Debt 1,140,000290,000 850,0000211 - Police Total PD EQUIP 850,000PD: CCOV Equipment 850,000 PD TRRVPD: Tactical Response & Recovery Veh 290,000290,000 1,140,000290,000 850,0000211 - Police Total 0230 - Fire FIRE AMB 1,450,000 1,930,000FIRE: Replace Ambulances 5,940,0002,560,000 FIRE CPR 530,000FIRE: CPR 530,000 FIRE DRY THM 37,000FIRE: Drysuits and Thermals 37,000 FIRE DTRAFIRE: Dive Team Response Apparatus 200,000200,000 FIRE ENGINES 2,179,350 1,232,000 1,300,000 1,400,000FIRE: Replace Engines 8,321,3502,210,000 FIRE EXTFIRE: Extrication Tools 110,000110,000 FIRE HAZ HAL 190,000FIRE: Hazmat Hauler 190,000 FIRE MNTR AEFIRE: Replace Cardiac Monitors & AEDs 1,500,0001,500,000 FIRE RADIOSFIRE: Replace Radios 1,000,0001,000,000 FIRE SCBAFIRE: SCBAs 1,000,0001,000,000 Thursday, October 23, 2025Page 2 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 37,00037,0004100-Levy 20,899,1001,375,800 3,466,300 2,549,000 1,751,000 3,528,0004401- GO Debt 438,000 2,387,000 2,880,000 2,018,000 506,000 1,037,2501,037,2506000-Carryover from a Prior CIP 21,973,3502,413,050 3,503,300 2,549,000 1,751,000 3,528,0000230 - Fire Total 438,000 2,387,000 2,880,000 2,018,000 506,000 FIRE TO GEAR 113,700 182,300 261,000 117,000FIRE: Turn Out Gear 2,302,000139,000 234,000 300,000 425,000 300,000230,000 FIRE VEHS 120,000 72,000 81,000FIRE: Other Vehicles 723,00084,000 87,000 93,000 96,00090,000 HOSE REPLFIRE: Hose Replacement 120,000120,000 21,973,3502,413,050 3,503,300 2,549,000 1,751,000 3,528,0000230 - Fire Total 438,000 2,387,000 2,880,000 2,018,000 506,000 0410 - Utility Infrastructure 00A ASPHALT 450,000 425,000 425,000 425,000UI: Asphalt Program (Annual)4,350,000500,000 425,000 425,000 425,000 425,000425,000 00A CONCRT 522,000 285,000 285,000 285,000UI: Concrete Pavement Repairs (Annual)3,087,000285,000 285,000 285,000 285,000 285,000285,000 00A ENV SVR 305,000 405,000 405,000 405,000UI: 20-91 Up-Front Engineering Services 3,950,000405,000 405,000 405,000 405,000 405,000405,000 00A I&I LEAK 750,000 1,000,000 1,500,000 1,500,000UI: Inflow/Infiltration Removal 13,250,0001,000,000 1,500,000 1,500,000 1,500,000 1,500,0001,500,000 00A LEADSRV 100,000 100,000 100,000 100,000UI: Misc. Utility-Owned Lead Service Repl.1,000,000100,000 100,000 100,000 100,000 100,000100,000 00A SS/SWLAT 525,000 525,000 525,000 525,000UI: Mini Storm Sewers/Storm Laterals 5,250,000525,000 525,000 525,000 525,000 525,000525,000 00A SW NOI 70,000 70,000 70,000 70,000UI: New Sidewalk Ordered In 700,00070,000 70,000 70,000 70,000 70,00070,000 00A SW REHAB 825,000 900,000 1,100,000 1,100,000UI: Sidewalk Rehab & Reconst Prog 10,425,0001,000,000 1,100,000 1,100,000 1,100,000 1,100,0001,100,000 00A SW SUBDV 30,000 30,000 30,000 30,000UI: Subdivision Sidewalk Agreements 300,00030,000 30,000 30,000 30,000 30,00030,000 25 JKSN/OR 50,000 5,351,600UI: Jackson Street/Oregon Street Reconstruction 5,401,600 26 CLAIRVLLE 2,649,900 2,054,100UI: Clairville Road Swr & Wtr Ext 4,704,000 26 FLUOR CT 160,300UI: Fluor Court Wtr Mn Repl 160,300 26 JOSSLYN 1,248,700UI: Josslyn Street Wtr Mn Repl 1,248,700 26 OHIO ST 4,329,000UI: Ohio St Reconstruction 4,329,000 26 SCOTT AVE 4,767,300UI: Scott Ave Reconstruction 4,767,300 26 W 12TH AV 1,418,400UI: W 12th Avenue Reconstruction 1,418,400 26 W 16TH AV 6,135,000UI: W 16th Ave Reconstruction 6,135,000 26-01 BOWEN 200,000 9,978,100UI: Bowen St Reconstruction 10,178,100 27 LAKEVW PS 143,500 876,000 5,000,000UI: Lakeview San Pump/SW Lift Station Replacement 6,019,500 27 MONTCLAIR 509,400UI: Montclair Place Wtr Mn Repl 509,400 27 OAKWOOD 863,900UI: Oakwood Road Wtr Mn Repl 863,900 27 SCOTT AVE 3,503,800UI: Scott Ave Reconstruction 3,503,800 Thursday, October 23, 2025Page 3 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 27 SW OUTFLL 775,000UI: WWTP SW Outfall Construction 775,000 27 W 14TH AV 6,848,400UI: W 14th Ave Reconstruction 6,848,400 27 WRIGHT 3,556,600UI: Wright St Reconstruction 3,556,600 28 BOWEN STUI: Bowen St Reconstruction 3,515,5003,515,500 28 GALLUPUI: Gallups-Merritts Creek Watershed 1,500,0001,500,000 28 GRAND STUI: Grand Street Reconstruction 752,200752,200 28 HUDSON AVUI: Hudson Avenue Reconstruction 1,792,0001,792,000 28 MADISONUI: Madison Street Reconstruction 1,446,9001,446,900 28 MILL STUI: Mill St Reconstruction 712,600712,600 28 PLEASANTUI: Pleasant Street Reconstruction 1,446,9001,446,900 28 STH 91UI: STH 91 Utility Construction 3,693,6003,693,600 28LakeShorDrImplementation of Lake Shore Drive Reimagination 2,700,0002,700,000 29 ANCHOR 959,000UI: Anchorage Watershed RR-Libbey Storm Sewer 1,009,00050,000 29 BOWEN ST 5,856,600UI: Bowen St Reconstruction 5,856,600 29 MERRITT 17,676,100UI: Merritt Ave Reconstruction 18,176,100500,000 30 S WASH 1,895,000UI: S Washburn Asphalt Const-W Waukau 1,895,000 30 VAN BUREN 200,000 1,000,000 3,535,600UI: Van Buren Avenue Reconstruction 4,735,600 30 W 19TH AV 2,938,000UI: West 19th Avenue Reconstruction 2,938,000 30 WDLD 2,755,300UI: Woodland Ave Reconstruction 2,755,300 31 FERNAU 50,000UI: Fernau Watershed Detention Basin (Hoffmaster) 5,050,0005,000,000 31 S MAIN 550,000UI: S Main St Reconstruction 14,664,10014,114,100 31 WDLD-HIGHUI: Woodland Ave Reconstruction 1,302,5001,302,500 32 JEFFERSONUI: Jefferson Street Reconstruction 8,214,9008,214,900 32 N EAGLEUI: N Eagle St Reconst 3,725,1003,725,100 33 N SAWYERUI: N Sawyer St Reconstruction 7,370,2007,370,200 33 OSH/SAWY 600,000 475,000UI: Oshkosh Avenue - Sawyer Street Intersection 6,000,0004,925,000 33 W 4TH AVEUI: W 4th Avenue Reconstruction 2,785,0002,785,000 34 NEBRASKAUI: Nebraska Street Reconstruction 3,477,9003,477,900 34 W 9TH AVE 300,000UI: W 9th Ave Reconstruction 10,875,100500,000 10,075,100 35 LIBBEY AVUI: Libbey Avenue Reconstruction 3,265,0003,265,000 35 W 6TH AVEUI: West 6th Avenue Reconstruction 3,360,9003,360,900 35 WESTERNUI: Western Street Reconstruction 7,655,3007,655,300 235,402,30025,229,100 33,980,300 22,024,700 40,283,300 15,913,9000410 - Utility Infrastructure Total 24,856,600 16,880,000 19,520,200 17,993,000 18,721,200 Thursday, October 23, 2025Page 4 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 6,000,000600,000 475,0001400-TID Cash 4,925,000 1,233,3001,233,3003000-Prior Year Funding-GO 1,435,0001,435,0003100-Prior Year Funding-Sewer Revenue Bonds 3,517,6003,517,6003200-Prior Year Funding-Water Revenue Bonds 1,500,0001,500,0003300-Prior Year Funding-Storm Revenue Bonds 3,087,000499,500 287,500 287,500 287,500 287,5004100-Levy 287,500 287,500 287,500 287,500 287,500 4,080,6001,883,000 2,197,6004262-State DOT 52,021,2002,595,100 4,991,300 6,375,600 6,938,800 4,815,7004401- GO Debt 5,354,000 5,739,000 4,052,300 5,574,300 5,585,100 38,529,3003,382,200 5,728,000 3,678,900 7,802,400 2,590,8005273-Sewer Revenue Bonds 3,366,600 3,000,700 2,621,500 3,212,000 3,146,200 34,363,4001,818,600 7,352,300 3,885,800 8,459,500 1,637,8005275-Water Revenue Bonds 2,695,600 1,681,900 1,932,000 2,382,800 2,517,100 37,589,6002,466,500 6,201,600 3,429,000 7,422,700 1,767,2005278-Storm Revenue Bonds 8,389,200 1,858,200 1,637,900 1,845,900 2,571,400 15,927,3001,959,000 2,247,900 1,023,200 2,306,500 1,776,2005280 S/A Replacement-Streets 1,509,400 1,200,400 1,181,100 1,480,300 1,243,300 9,806,2001,008,100 1,076,400 437,200 1,248,500 993,6005281 S/A Replacement-Sidewalk 980,700 1,025,000 970,100 1,013,800 1,052,800 1,298,800472,700 344,500 334,300 8,5005284-Water Special Assessments 97,500 6,800 34,500 6,784,5001,270,900 1,353,900 848,700 814,000 344,8005285-Wastewater Special Assessments 496,800 372,200 217,700 475,800 589,700 1,328,500193,100 236,400 122,000 194,800 97,8005286-Storm Water Special Assessments 76,800 105,800 58,100 118,100 125,600 925,00092,500 92,500 92,500 92,500 92,5005288-Sidewalk Special Assessments 92,500 92,500 92,500 92,500 92,500 6,775,000430,000 705,000 705,000 705,000 705,0005299S-Sewer Utility Fund Balance 705,000 705,000 705,000 705,000 705,000 6,375,000615,000 640,000 640,000 640,000 640,0005299SW-Storm Water Utility Fund Balance 640,000 640,000 640,000 640,000 640,000 1,625,000140,000 165,000 165,000 165,000 165,0005299W-Water Utility Fund Balance 165,000 165,000 165,000 165,000 165,000 1,200,000200,000 1,000,0009000-To Be Determined 235,402,30025,229,100 33,980,300 22,024,700 40,283,300 15,913,9000410 - Utility Infrastructure Total 24,856,600 16,880,000 19,520,200 17,993,000 18,721,200 0420 - Engineering 145,00070,0004401- GO Debt 75,000 145,00070,0000420 - Engineering Total 75,000 ENG VEH1 70,000ENG: 4WD 1/2-Ton Pickup Trucks 145,00075,000 145,00070,0000420 - Engineering Total 75,000 Thursday, October 23, 2025Page 5 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 0430 - Street Division 40,00040,0004100-Levy 16,290,0001,050,000 2,930,000 1,625,000 1,505,000 1,625,0004401- GO Debt 2,180,000 875,000 1,135,000 1,650,000 1,715,000 16,330,0001,090,000 2,930,000 1,625,000 1,505,000 1,625,0000430 - Street Division Total 2,180,000 875,000 1,135,000 1,650,000 1,715,000 CG EQP2 40,000CG: Field Ops Facility Air Compressor 40,000 STR EQP01 300,000STR: Snow Blower/Loader Attachment 600,000300,000 STR EQP02 35,000STR: Trailered Air Compressors 75,00040,000 STR EQP03STR: #239 Stainless Tanker Semi-Trailer 110,000110,000 STR EQP04 145,000STR: #237 Lowboy Trailer 145,000 STR EQP05 100,000STR: #232 Dump Trailer 100,000 STR EQP06 55,000STR: #263 Asphalt Patch Trailer 55,000 STR EQP07 90,000STR: Asphalt/Finish Rollers 130,00040,000 STR EQP08STR: Field Ops Facility Brine Maker 400,000400,000 STR EQP1 20,000STR: Replace Trailers 165,00020,000 30,000 20,000 50,00025,000 STR EQP3 500,000 500,000STR: Replace Articulated Loaders 2,500,000500,000 500,000 500,000 STR EQP6 85,000STR: Replace Sidewalk Tractors 255,00085,00085,000 STR VEH01 1,150,000 400,000 425,000STR: Replace Tandem-Axle Plow Trucks 4,500,000400,000 850,000 425,000 425,000425,000 STR VEH02 725,000 400,000 400,000STR: Replace Single-Axle Trucks 2,750,000375,000 425,000 425,000 STR VEH03 250,000STR: Replace Semi-Tractors 250,000 STR VEH04 110,000 130,000STR: Skid Steers 390,000150,000 STR VEH05STR: Replace Motor Graders with Wing 1,800,000600,000 600,000 600,000 STR VEH06 405,000STR: Excavators 680,000275,000 STR VEH07 225,000STR: #21 Single-Axle Mason TRK w/Crane 225,000 STR VEH08STR: #175 Tractor with Plow & Mower 220,000220,000 STR VEH1 110,000 120,000STR: 1-Ton 4-Wheel Drive Dump Trucks 350,000120,000 STR VEH2 140,000 140,000 70,000 80,000STR:4-Wheel Drive Pickup Trucks 590,00080,000 80,000 16,330,0001,090,000 2,930,000 1,625,000 1,505,000 1,625,0000430 - Street Division Total 2,180,000 875,000 1,135,000 1,650,000 1,715,000 0450 - Central Garage CG EQP1 90,000CG: #108 Adv Ride-On Floor Scrubber 90,000 CG EQP4 250,000CG: Radio System Analog to Digital 250,000 CG VEH1 200,000CG: #36 Single-Axle Pickup Truck 200,000 Thursday, October 23, 2025Page 6 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 605,000540,0004401- GO Debt 65,000 605,000540,0000450 - Central Garage Total 65,000 CG VEH2CG: #121 Forklift 65,00065,000 605,000540,0000450 - Central Garage Total 65,000 0470 - Sanitation 2,555,000325,000 425,000 425,000 450,000 450,0004401- GO Debt 480,000 2,555,000325,000 425,000 425,000 450,000 450,0000470 - Sanitation Total 480,000 SANI VEH1 425,000 450,000 450,000SAN: Automated Side-Load Refuse Trucks 2,230,000425,000 480,000 SANI VEH2 325,000SAN: Rear-Load Refuse Trucks 325,000 2,555,000325,000 425,000 425,000 450,000 450,0000470 - Sanitation Total 480,000 0480 - Recycling 3,204,0001300-Cash-Fund Balance 780,000 488,000 1,456,000 480,000 3,204,0000480 - Recycling Total 780,000 488,000 1,456,000 480,000 RECY EQP1REC: Roll-Off Containers 38,00038,000 RECY EQP2REC: #111 Articulated Loader 480,000480,000 RECY EQP3REC: #222 Yard Waste Grinder 480,000480,000 RECY VEH1REC: #221 Hook-Lift Roll-Off Container Truck 300,000300,000 RECY VEH2REC: Automated Side-Load Refuse Trucks 1,906,000450,000 1,456,000 3,204,0000480 - Recycling Total 780,000 488,000 1,456,000 480,000 0610 - Parks Dept - General PK TE TRLS 20,100 26,400PRKS: 426, 429 Towmaster Equipment Trailers 46,500 PK WNG MOW 153,400 164,400 169,900PRKS: Wing Mower Fleet 487,700 PK Z TRN MOW 162,100 88,800 91,800PRKS: Zero Turn Mowers 931,70085,800 94,700 97,700 103,600 106,600100,600 Thursday, October 23, 2025Page 7 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 4,450,62024,600 939,000 332,900 679,200 492,7004401- GO Debt 431,300 307,100 402,700 499,800 341,320 4,450,62024,600 939,000 332,900 679,200 492,7000610 - Parks Dept - General Total 431,300 307,100 402,700 499,800 341,320 PRK CAT EXCTPRKS: 441 Caterpillar 305EB M Excavator 153,600153,600 PRK CAT LDR 148,800PRKS: 440 CAT M908 Compact Loader 148,800 PRK DMP TRK 229,400PRKS:CNG Dump Truck 404,400175,000 PRK EQ2 144,000PRKS: 442 John Deere Tractor/Loader 144,000 PRK EQP1 32,100PRKS: Athletic Field Groomer 118,20042,400 43,700 PRK EQP3PRKS: 443 Cat Track Skidsteer 136,000136,000 PRK FRKLFTPRKS: 445 FG25T-16 Forklift 33,00033,000 PRK JD UVEHPRKS: 446 John Deere Pro Utility Veh 70,40070,400 PRK PU TRK 84,000 174,000 55,800PRKS: Pick Up Trucks 1,127,600220,400 89,600 99,000 196,000 208,800 PRK ST TRL1PRKS: 431 Stealth Equipment Trailer 25,20025,200 PRK ST TRL2PRKS: 425 Stealth Equipment Trailer 25,92025,920 PRK STP VANS 100,800 108,000PRKS: Morgan Route Step Vans 331,200122,400 PRK TRLS 19,300PRKS: 427, 428 Enclosed Trailers 42,30023,000 PRK TV VACPRKS: P19 Toro Versa Vac 35,00035,000 PRK UTL CRT 24,600 25,800PRKS: Utility Carts 77,10026,700 PRK VEH3 112,000PRKS: 444 Bobcat Toolcat 112,000 4,450,62024,600 939,000 332,900 679,200 492,7000610 - Parks Dept - General Total 431,300 307,100 402,700 499,800 341,320 0620 - Forestry FRSY AER TRKFRSTRY: 481 Ford F450 Aerial Truck 18,00018,000 FRSY BE TRL 18,600FRSTRY: Badger Equipment Trailer 18,600 FRSY BSS 86,800FRSTRY: Bobcat Skid Steer 86,800 FRSY DMP TRK 168,000 328,600FRSTRY: Dump Trucks 676,600180,000 FRSY EQP1 96,600FRSTRY: 475 Vermeer BC1500 Chipper 96,600 FRSY EQP2FRSTRY: 470 SC802 Stump Grinder 97,40097,400 FRSY FA TRK 310,000FRSTRY: 482 Freightliner Aerial Truck 310,000 FRSY PU TRK 93,000FRSTRY: Pick Up Truck 93,000 FRSY VW CHP 128,300FRSTRY: 473 Vermeer Wood Chipper 128,300 1,525,30096,600 168,000 97,400 965,3000620 - Forestry Total 198,000 Thursday, October 23, 2025Page 8 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 1,525,30096,600 168,000 97,400 965,3004401- GO Debt 198,000 1,525,30096,600 168,000 97,400 965,3000620 - Forestry Total 198,000 0650 - Cemetery 125,00025,000 25,0004100-Levy 25,000 25,000 25,000 1,256,200140,200 130,3004401- GO Debt 51,200 143,200 191,400 599,900 1,381,200165,200 25,000 130,3000650 - Cemetery Total 76,200 143,200 216,400 599,900 25,000 CEM DMP TRKCEM: Dump Trucks 175,000175,000 CEM EQ TRAL 22,300CEM: 497 Equipment Trailer 22,300 CEM JD LB 108,000CEM: 496 John Deer 310L Loader/Backhoe 108,000 CEM LEAF PK 140,200CEM: Leaf Picker/Vacuum 419,90090,400 95,90093,400 CEM PU TRKCEM: Pick Up Trucks 371,000273,00098,000 CEM ROAD 25,000 25,000CEM: Cemetery Road Repaving 125,00025,000 25,00025,000 CEM SCAG ZCEM: Scag Zero Turns 104,00051,200 52,800 CEM VEH5CEM: Toro UTX Utility Vehicle 56,00056,000 1,381,200165,200 25,000 130,3000650 - Cemetery Total 76,200 143,200 216,400 599,900 25,000 0740 - Community Development 00A GATE& DT 1,000,000 3,000,000 2,000,000 1,000,000CD: Gateway and Downtown Improvements 14,000,0002,000,000 1,000,000 1,000,000 1,000,000 1,000,0001,000,000 00A LAND&DEV 1,500,000 1,500,000 1,500,000 1,500,000CD: Land Acquisition and Development 15,000,0001,500,000 1,500,000 1,500,000 1,500,000 1,500,0001,500,000 CTR CITY SN 25,000 25,000 25,000CD: Signage to Center City 100,00025,000 G NHOODS 150,000 150,000 150,000 150,000CD: Great Neighborhoods Initiative 1,500,000150,000 150,000 150,000 150,000 150,000150,000 GATE IMPV 100,000 100,000 200,000 200,000CD: Gateway Improvements 1,000,000200,000 200,000 P ISLND RW 5,000,000CD: Pioneer Island Riverwalk 11,400,0006,400,000 P RW BRKWTR 400,000CD: Pioneer Riverwalk Breakwater 400,000 P RW E 14TH 2,000,000CD: Pioneer Riverwalk E 14th 2,000,000 P RW MARINACD: Pioneer Riverwalk to Marina 3,000,0003,000,000 RIV SIGN 100,000 5,000 5,000CD: Riverwalk Signage 140,0005,000 5,000 5,000 5,000 5,0005,000 SAW DIS FTR 75,000 75,000 75,000CD: Sawdust Dist Gateway Features 375,00075,000 75,000 48,915,0002,750,000 4,950,000 6,955,000 5,955,000 8,355,0000740 - Community Development Total 9,330,000 2,655,000 2,655,000 2,655,000 2,655,000 Thursday, October 23, 2025Page 9 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 1,540,000150,000 150,000 155,000 155,000 155,0004100-Levy 155,000 155,000 155,000 155,000 155,000 30,975,0002,600,000 4,800,000 3,800,000 3,800,000 3,200,0004401- GO Debt 2,775,000 2,500,000 2,500,000 2,500,000 2,500,000 16,400,0003,000,000 2,000,000 5,000,0009000-To Be Determined 6,400,000 48,915,0002,750,000 4,950,000 6,955,000 5,955,000 8,355,0000740 - Community Development Total 9,330,000 2,655,000 2,655,000 2,655,000 2,655,000 0801 - Traffic/Lighting 55,00010,0002000-Trade-In 5,000 10,000 20,000 10,000 680,00050,000 70,000 70,000 70,000 70,0004100-Levy 70,000 70,000 70,000 70,000 70,000 290,00070,000 40,0004401- GO Debt 20,000 40,000 80,000 40,000 1,025,00050,000 140,000 70,000 120,000 70,0000801 - Traffic/Lighting Total 95,000 120,000 70,000 170,000 120,000 ELEC LT TWRELEC: 80514-2011 Light Tower 25,00025,000 ELEC SRV VAN 50,000ELEC: 80505-2017 Service Van 50,000 ELEC SRV VN2ELEC: 80504-2020 Service Van 50,00050,000 ELEC TRLRELEC: 80518 Trailer & 80517 Generator 50,00050,000 ELEC VEH1ELEC: 80500, 80502 Box Pick Up 100,000100,000 EV CHARG 70,000PRKG: EV Charging Plan 70,000 ST LT PLS 15,000 25,000 25,000 25,000ELEC: Street Lighting Poles 240,00025,000 25,000 25,000 25,000 25,00025,000 TR SGNL EQ 35,000 45,000 45,000 45,000ELEC: Traffic Signal Equipment 440,00045,000 45,000 45,000 45,000 45,00045,000 1,025,00050,000 140,000 70,000 120,000 70,0000801 - Traffic/Lighting Total 95,000 120,000 70,000 170,000 120,000 0810 - Sign Division 50,00020,000 30,0002000-Trade-In 220,000100,000 120,0004401- GO Debt 270,000120,000 150,0000810 - Sign Division Total SGN TRUCK 120,000SIGN: Sign Work Truck 120,000 SIGN B TRK 150,000SIGN: Sign Bucket Truck 150,000 270,000120,000 150,0000810 - Sign Division Total 1070 - Museum Thursday, October 23, 2025Page 10 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 1,325,000775,0004401- GO Debt 50,000 500,000 325,000325,0004952-Donations 1,650,000775,000 325,0001070 - Museum Total 50,000 500,000 26 MUS ROOTS 325,000MUS: Deep Roots Exhibit 1,025,000700,000 27 MUS TFFNYMUS: Tiffany Window Removal/Re-Install 75,00075,000 30 MUS EX UPMUS: EXH - People of the Waters 550,00050,000 500,000 1,650,000775,000 325,0001070 - Museum Total 50,000 500,000 1717 - Parking Utility 7,500,000750,000 750,000 750,000 750,000 750,0004401- GO Debt 750,000 750,000 750,000 750,000 750,000 40,00040,0009000-To Be Determined 7,540,000750,000 790,000 750,000 750,000 750,0001717 - Parking Utility Total 750,000 750,000 750,000 750,000 750,000 PRKG 300 LT 750,000PRKG: 300 W. Lot Improvement (Grand)750,000 PRKG LOT IMP 750,000 750,000 750,000PRKG: Parking Lot Improvements 6,750,000750,000 750,000 750,000 750,000 750,000750,000 PRKG LT SIGN 40,000PRKG: Parking Lot Signs 40,000 7,540,000750,000 790,000 750,000 750,000 750,0001717 - Parking Utility Total 750,000 750,000 750,000 750,000 750,000 1728 - Transit 24 TRANS CTR 2,000,000TR: Downtown Transit Center 2,000,000 BKE PED 50,000 50,000 50,000 50,000TR: Bike and Pedestrian 500,00050,000 50,000 50,000 50,000 50,00050,000 CLEAN D BUS 4,900,000TR: Clean Diesel Buses 7,000,0002,100,000 HOIST MNT GRTR: Hoist Maintenance Garage 250,000250,000 PRTS WASH 14,000TR: Parts Washer 14,000 TIRE CHNGR 25,000TR: Tire Changer 25,000 TR DATA BX 400,000TR: Transit Data Boxes 400,000 TR STF VEH 40,000TR: Staff Vehicle 40,000 TR STP IMP 10,000 10,000 10,000 10,000TR: Transit Stop Improvements 100,00010,000 10,000 10,000 10,000 10,00010,000 10,329,0002,485,000 114,000 310,000 60,000 4,960,0001728 - Transit Total 2,160,000 60,000 60,000 60,000 60,000 Thursday, October 23, 2025Page 11 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 550,00050,000 50,000 50,000 50,000 50,0004100-Levy 50,000 100,000 50,000 50,000 50,000 6,200,000328,000 8,000 208,000 8,000 3,928,0004206-FED TRANSIT GRANT 80%1,688,000 8,000 8,000 8,000 8,000 1,700,0001,700,0004260-Grant 1,450,00050,000 980,0004401- GO Debt 420,000 179,000107,000 56,000 2,000 2,000 2,0005299T-Transit Fund Balance 2,000 2,000 2,000 2,000 2,000 300,000300,0006000-Carryover from a Prior CIP 10,379,0002,485,000 114,000 310,000 60,000 4,960,0001728 - Transit Total 2,160,000 110,000 60,000 60,000 60,000 1810 - Water 00A WD MTERS 1,029,000 1,132,000 1,365,000 1,501,000WD: Meter Change-Out Program 16,345,0001,245,000 1,651,000 1,816,000 2,195,000 2,414,0001,997,000 23 WD VEH3WD: Replace Mini Dump Trucks 240,000240,000 23 WF CLRWLL 25,000,000 20,500,000WFP: Clearwell Replacement 45,500,000 23 WF MEDIA 3,400,000WFP: Dual Media Filter Repairs/Rplcmnt 3,400,000 24 WD SNSUS 50,000WD: Sensus Water Meter Base St 255,00060,000 70,000 75,000 24 WF GAC FT 4,200,000WFP: Granulated Actvd Carbon Filter Media 4,200,000 25 WD BLDG 225,000 3,200,000WD: Building Addition/Remodel 3,425,000 25 WD EQP3WD: Tractor Backhoe/Loaders 375,000375,000 25 WD VEH1 65,000WD: Replace 1/2-Ton Vans 270,00065,000 70,000 70,000 25 WD VEH2WD: 1-Ton Ext Cab Pickup Trks w/Srv Body 200,000200,000 25 WF A SCBR 600,000WFP: Ammonia Gas Scrubber 600,000 25 WF C SCBR 600,000WFP: Chlorine Gas Scrubber 600,000 25 WF FLUOR 600,000WFP: Fluoride Tanks/Feed Pumps Rplcmnt 600,000 26 WD ROOFWD: Building Roof Replacement 150,000150,000 26 WD VEH1 350,000WD:Tri-Axle Dump Trucks 1,075,000350,000 375,000 26 WF CL MON 45,000WFP: Chlorine Monitors Repl 45,000 26 WF FR AL 36,000WFP: Fire Alarm Syst Ctrl Panel 36,000 26 WF INTAKE 1,600,000WFP: Back-up Water Intakes Repl 16,000,00014,400,000 27 WD VEH1 65,000WD: 1/2-Ton 4WD Ext Cab Pickup Trucks 135,00070,000 27 WF SLUDGE 50,000WFP: Sludge Pumps Replacement 230,000180,000 28 WD EQP1WD: #811 Air Compressor 45,00045,000 28 WD VEH1WD: Repl Step Service Van 400,000400,000 28 WD VEH2WD: Repl Wachs Valve Turner 120,000120,000 28 WF BCKWS H WFP: Backwash Controls/Air Scour 660,000660,000 Thursday, October 23, 2025Page 12 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 45,500,00025,000,000 20,500,0005275-Safe Drinking Water Loan 40,817,0002,850,000 1,225,000 15,875,000 11,760,000 180,0005275-Water Revenue Bonds 2,081,000 4,841,000 1,400,000 605,000 19,351,0001,110,000 1,197,000 1,710,000 2,855,000 1,501,0005299W-Water Utility Fund Balance 2,121,000 1,866,000 2,157,000 2,420,000 2,414,000 105,668,00028,960,000 22,922,000 17,585,000 14,615,000 1,681,0001810 - Water Total 4,202,000 6,707,000 3,557,000 3,025,000 2,414,000 Blower Repl 28 WF TANKS 750,000WFP: Alum Piping/Day Tanks/Transfer Pumps Repl 810,00060,000 29 SW WTR TW 1,400,000WFP: SW Wtr Twr Painting/Add Mixing 1,400,000 29 WD VEH1 120,000WD: #828 1-Ton Service TRK w/Valve- Turning Mach 120,000 29 WF CARPET 25,000WFP: WFP Administration Area Carpet 25,000 29 WF VEH1 90,000WFP: 3/4 Ton 4WD PU Trucks w/ Lift Gate/Plow 180,00090,000 30 SDV REPL 60,000WFP: Rapid & Slow Mix/Sed Basin Valve Repl 1,416,0001,356,000 30 WD EQP2 120,000WD: Ditch Witch/Vac-All Trailer/Valve Turner 120,000 31 SED PAINTWFP: Sedimentation Basin Ext Painting 200,000200,000 31 SYS SEDWFP: Repl Systems Sedimentation Basins 1,900,000100,000 1,800,000 31 WF CL FDWFP: Replace Chlorine Feed Equipment 1,100,000100,000 1,000,000 31 WF TANKSWFP: Ammonia Bulk Storage Tanks/Scales Replacement 1,156,000100,000 1,056,000 31 WF VALVESWFP: Ammonia Storage System Valves Replacement 590,00050,000 540,000 32 WD MSN SLWD: Reapplication of WDC Masonry Sealing 50,00050,000 33 ANALYZERSWFP: Replace WFP Analyzers 500,000500,000 33 SED SLDGEWFP: Sed Basin Sludge Pump Repl 250,000200,00050,000 33 WD VEH1#838 Hydro Excavator 700,000700,000 33 WF TANKSWFP: Chem Storage Tank Maint 170,000150,00020,000 34 WF VEH1WFP: #891 Pickup Truck 75,00075,000 105,668,00028,960,000 22,922,000 17,585,000 14,615,000 1,681,0001810 - Water Total 4,202,000 6,707,000 3,557,000 3,025,000 2,414,000 1910 - Sewer 21 WW DUMP 600,000 600,000WW: Update/Relocation of Dump Site 1,200,000 23 WW CL DIG 130,000 110,000WW: Clean Digesters 715,000110,000 135,000 115,000115,000 23 WW INSPEC 1,680,000WW: Collection System Inspections 1,680,000 Thursday, October 23, 2025Page 13 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 25 WW BAR SC 3,700,000WW: Replace WWTP Influent Bar Screens 3,700,000 25 WW HVAC 650,000WW: Replace Wastewater Facility HVAC 650,000 25 WW PHOSP H 10,800,000 25,700,000WW: Phosphorus Limits Study/Construction 36,500,000 25 WW SHORE 500,000WW: Shorewood Lift Station Piping & Valves 500,000 25 WW VEH1 700,000WW: Replace Jetter Vacs 1,425,000725,000 26 DAFT SLDG 50,000WW: WWTP DAFT Sludge Pump Repl 50,000 26 WW GENER 1,000,000 3,000,000WW: WWTP Generator Installation 4,000,000 26 WW S MAIN 40,000 130,000WW: Repl S Main St Pump Station Generator & Equip 795,000625,000 26 WW SLUDG E 30,000WW: WWTP Blended Sludge Pump Repl 30,000 26 WW UV 950,000 6,400,000WW: UV Disinfection 7,350,000 27 INFLUENT 650,000 340,000 1,500,000WW: Raw Influent Piping Condition Assess 2,490,000 27 WW BAR SC 114,000WW: Lift Station Bar Screens Rehabilitation 664,000550,000 27 WW CTH Y 56,000WW: Rehab County Hwy Y Pump Station 406,000350,000 27 WW MOWER 15,000WW: #173 Zero-Turn Lawn Mower 15,000 28 WW EUSS 9,500,000WW: Replace Electrical Unit Substations 11,350,0001,850,000 28 WW RA/WAS 2,200,000WW: Repl RAS and WAS Pumping System 2,620,000420,000 28 WW SLUDG E 675,000WW: Repl Primary Sludge Piping and Valves 825,000150,000 29 FLUME LNR 55,000 370,000WW: Parshall Flume Liners Replacement 425,000 29 WW VEH1 70,000WW: 4x4 Pickup Trucks w/Plow & Lift Gates 140,00070,000 30 CL CONTCT 525,000WW: Chlorine Contact Basin Improvements 3,525,0003,000,000 30 WW CNTRF G 187,200WW: Installation of Additional Centrifuge 1,187,2001,000,000 30 WW CNTRT E 355,000WW: Incr Centrate Storage Capacity 1,855,0001,500,000 30 WW VEH1 110,000WW: #975 Single-Axle Dump Truck 110,000 31 DAFT CTRLWW: DAFT Control Equipment Replacement 580,00080,000 500,000 31 GRIT CHBRWW: Grit Chamber Replacement 876,000126,000 750,000 32 FE TNKWW: Ferric Chloride Bulk Storage Tank Repl 1,165,000165,000 1,000,000 32 OUTFL INSWW: WWTP Outfall Inspections 50,00050,000 33 DIGST GASWW: Digester Gas Equipment Replacement 1,130,0001,000,000130,000 34 WW SLUDG E WW: WWTP Blended Sludge Piping & 620,000100,000 520,000 Thursday, October 23, 2025Page 14 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 3,380,0001,980,000 1,400,0003100-Prior Year Funding-Sewer Revenue Bonds 600,000300,000 300,0003300-Prior Year Funding-Storm Revenue Bonds 82,985,70017,640,000 35,300,000 3,945,000 3,270,000 12,547,2005273-Sewer Revenue Bonds 5,706,000 1,777,500 1,130,000 1,100,000 570,000 712,500350,0005278-Storm Revenue Bonds 362,500 1,055,00080,000 15,000 110,000 200,000 110,0005299S-Sewer Utility Fund Balance 50,000 115,000 205,000 170,000 88,733,20020,000,000 37,365,000 4,055,000 3,470,000 12,657,2001910 - Sewer Total 5,706,000 2,190,000 1,245,000 1,305,000 740,000 Valves Repl 35 WW AERAT N WW: WWTP Aeration Blowers Repl 50,00050,000 35 WW SBSWW: WWTP Sodium Bisulfite Tank Repl 55,00055,000 88,733,20020,000,000 37,365,000 4,055,000 3,470,000 12,657,2001910 - Sewer Total 5,706,000 2,190,000 1,245,000 1,305,000 740,000 2010 - Storm Water 1,905,000625,000 420,000 430,0005278-Storm Revenue Bonds 430,000 528,50085,000 103,500 85,0005299SW-Storm Water Utility Fund Balance 85,000 85,000 85,000 2,433,50085,000 728,500 420,000 85,000 430,0002010 - Storm Water Total 85,000 515,000 85,000 22 SW EQP2 85,000 85,000 85,000SW: Leaf Blowers-Storm Water 340,00085,000 22 SW TRL PMSW: Replace Trailered Water Pumps 50,00050,000 23 SW VEH1 430,000SW: Replace Street Sweepers 1,280,000420,000 430,000 26 SW EQP1 18,500SW: Zero-Turn Lawn Mowers 103,50085,000 26 SW VEH1 625,000SW: Vac All Catch Basin Cleaners 625,000 33 SW CHPPERSW: #101 Trailered Wood Chipper 35,00035,000 2,433,50085,000 728,500 420,000 85,000 430,0002010 - Storm Water Total 85,000 515,000 85,000 6610 - Park Land Imprv 0325 44P AIRS 60,00044th Parallel Park Open Air Shelter 60,000 44P BALL REC44th Parallel Park Ballfield Reconstruction 300,000300,000 ABE RO PRK 275,000Abe Rochlin Park Play Equipment 275,000 ABY EQUIPAbbey Park Play Equipment & Surfacing 275,000275,000 Thursday, October 23, 2025Page 15 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # BAUMAN PRK 100,000Bauman Park Play Equipment Surfacing 100,000 BOAT LAUNCHBoat Launch Repairs 150,000150,000 CONG LOTCongress Tot Lot Perimeter Fence 40,00040,000 FGL BT LCH 2,000,000Fugleberg Boat Launch 2,000,000 FGL TEI PRK 200,000Fugleberg Park and Teichmiller Park Resurfacing 200,000 LAKE PRK DEV 300,000 300,000Lakeshore Park Development 900,000300,000 MEN PRK ZOO 100,000 100,000Menominee Park Zoo Improvements 500,000100,000 100,000 100,000 MIL BAY DRED 5,000,000Miller's Bay Dredging 5,000,000 MILL ST BOATMill Street Boat Launch Deck Replacement 30,00030,000 MJEW BF 350,000Mary Jewell Ballfield Reconstruction 350,000 MN BEACH HS 500,000 5,000,000Menominee Park Beach House Reno 5,500,000 MP TP LTSMenominee Tennis/Pickleball Court Lights 200,000200,000 MPRK LIGHTS 100,000Menominee Park Lighting Replacement 100,000 PCKRT TBC 300,000Pickart Park Tennis and Basketball Courts 300,000 PCKT AIR GAMPickart Park Open Air Shelter and Games Area 350,000350,000 PCKT PRK LTS 300,000Pickart Park Paths and Lighting 300,000 POOL HTRS 40,000 40,000PCWP Heaters 120,00040,000 PRK TRLS IMP 50,000 50,000 50,000 50,000Park Trails Improvements 500,00050,000 50,000 50,000 50,000 50,00050,000 QRRY PRK D 50,000Quarry Park Development 100,00050,000 RB PRK IPRainbow Memorial Park Improvements 5,500,000500,000 5,000,000 RB PRK RR 130,000Rainbow Park Restroom Renovation 130,000 RD ARW SKTE 100,000Red Arrow Skate Park 100,000 RED ARW EQP 275,000Red Arrow Park Play Equipment 275,000 RED ARW LGH T 75,000Red Arrow Park Lighting Replacement 75,000 RTZ B RENO 600,000Reetz Ballfields Renovation 600,000 RTZ FSReetz Ballfields Fencing and Scoreboards 500,000500,000 RTZ NF LTS 350,000Reetz North Field Ball Field Lights Replacement 350,000 RTZ SF LTS 350,000Reetz South Ball Field Lights Replacement 350,000 RUSCH BW RE 450,000Rusch Park Boardwalk Replacement 450,000 RUSCH PED BR 400,000Rusch Park Pedestrian Bridge 400,000 SITE A DEV 400,000Site "A"- Ripple & Oregon 600,000200,000 SP SPL PD 550,000South Park Splash Pad 550,000 SPBR FSSpanbauer Field Scoreboard 30,00030,000 Thursday, October 23, 2025Page 16 Total2026 2027 2028 2029 2030Department 2031 2032 2033 2034 2035Project # 1,700,0001,000,000 700,0004263-State Grant 25,625,000590,000 3,645,000 3,140,000 5,810,000 4,600,0004401- GO Debt 805,000 1,035,000 5,800,000 150,000 50,000 2,500,0002,500,0004952-Donations 300,000300,0009000-To Be Determined 30,125,000590,000 3,645,000 3,140,000 6,810,000 8,100,0006610 - Park Land Imprv 0325 Total 805,000 1,035,000 5,800,000 150,000 50,000 SPBR LTS RESpanbauer Field Light Replacements 300,000300,000 STGB EQ REStoegbauer Park Playground Equipment Replacement 275,000275,000 STGBR BCStoegbauer Park Basketball Court Overlay 15,00015,000 STGBR BLDStoegbauer Park Restrooms/Shelter Constr 500,000500,000 TEICH EQP RETeichmiller Park Playground Equipment Replacement 275,000275,000 TEICH PRK EQ 150,000Teichmiller Park Play Equipment Surfacing 150,000 W ALG EQPWest Algoma Park Play Equipment & Surfacing 275,000275,000 WESTH BBCWesthaven Circle Park Basketball Court 25,00025,000 WHCRL PADWesthaven Circle Park - Splash Pad 700,000700,000 WL ST PRKWilliam Steiger Park Fishing Dock Decking 50,00050,000 30,125,000590,000 3,645,000 3,140,000 6,810,000 8,100,0006610 - Park Land Imprv 0325 Total 805,000 1,035,000 5,800,000 150,000 50,000 101,153,350 134,845,300 82,214,000 101,428,500 117,913,400Grand Total 739,612,47055,840,100 39,691,300 44,845,300 32,130,700 29,550,520 Thursday, October 23, 2025Page 17 T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jim Collins, Director of Transportation D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :UTV/ATV use on city streets (City staff) B A C K G R O U N DBACKGROUND Win n ebago Cou n ty recen tly passed an ordin an ce to allow UTV/ATVs on cou n ty roads. Som e Com m on Cou n cil m em bers expressed an in terest in allowin g th ese on city roads. Cou n cil referred th is issu e to th e Tran sportation Com m ittee for a recom m en dation . At th e Septem ber Tran sportation Com m ittee m eetin g , th e Com m ittee requ ested a su rv ey/poll be con du cted to get pu blic in pu t. A poll w as con du cted. A N A L Y S I SANALYSIS Poll respon ses were collected for 3 week s. Th e resu lts of th e poll were sh ared prior to an d at th e Tran sportation Com m ittee's O ctober m eetin g , an d are attach ed to th is item . Staff prepared a list of con sideration s for th e Tran sportation Com m ittee to ev alu ate. A copy of frequ en tly ask ed qu estion s from th e Wiscon sin Departm en t of Tran sportation w as also sh ared w ith th e com m ittee an d is attach ed h ere. B O A R D /C O M M I S S I O N I N F O R M A T I O NBOARD/C O M M I S S I O N I N F O R M A T I O N Th e Tran sportation Com m itee Ch airperson called for a m otion to approv e UTVs/ATVs on city streets 2 tim es. No m otion was m ade, so th e requ est died for lack of a m otion . Th e com m ittee discu ssion was n ot fav orable to allow in g th ese on city streets. Th e fu ll discu ssion of th e item at th e Tran sportation Com m ittee m eetin g, in clu din g relev an t pu blic com m en ts, is av ailable on th e O sh k osh Media You Tu be ch an n el (lin k will tak e you directly to th e poin t in th e m eetin g for th is discu ssion ). A t t a c h m e n t sAttachments Polco Results ATV UTV Info. WisDot Discussion list provided to Transportation Committee ATV & UTV Oshkosh Survey Survey Results FINAL 10/13/2025 What is your ZIP code? 54901 41% (567) 54902 29% (396) 54904 24% (333) Other 6% (85) 54963 54956 54952 54937 54980 53538 54942 54963 54963 53083 54964 54956 54923 54923 Y53035 53065 53963 54963 53010 54923 54979 50434 54963 54937 53933 54963 54944 54923 54901 54963 54986 54020 Work in the City 54923 54961 54896 54914 54986 54956 54952 54902 54956 54956 54913 53120 54964 54927 54963 54986 54165 54963 54311 54963 54927 54129 53949 I own property in Neenah also 54180 54986 54956 53083 54913 54956 54947 54937 54963 54940 54956 53919 54937 54963 53091 54971 54971 53965 53065 54961 54979 54961 54963 54963 If you live in the City of Oshkosh, how long have you lived in the city? Less than a year 2% (22) 1 - 5 years 10% (122) 6 - 10 years 10% (128) More than 10 years 79% (1,012) Are you aware that ATVs/UTVs are currently prohibited on city streets in Oshkosh? Yes 94% (1,301) No 6% (81) Do you own an ATV/UTV? Yes 33% (455) No 67% (925) ATVs/UTVs should be allowed on limited city streets in Oshkosh with proper regulation and safety measures. Do you: Strongly agree 30% (408) Agree 10% (142) Neutral 5% (66) Disagree 11% (158) Strongly disagree 44% (607) If allowed, what regulations or safety measures would you support ? Designated routes or streets for ATV/UTV use 11% (949) Speed limits 12% (1,040) Restricted hours of operation 9% (772) Required driver's license 13% (1,136) Licensing or permitting process 9% (780) Mandatory safety gear (helmets, seat belts)10% (829) Required headlights, tail lights, brake lights 14% (1,177) Required muffler 11% (937) Restricted cruising 7% (603) Other 2% (206) Same rules that cars and motorcycles etc have to follow Not atv without snow removal. Yes to utv with regulations selected. never on sidewalks without snow removal attached. keep the October 1st thru April 30th for that portion. Then restrict sidewalk use outside of those dates Do not allow them on the road insurance They must have lighting if used at night , but not necesarily during the day. At least seat belts, and not on busy streets (Main street and HWY 45, South Park Avenue, etc). Designated routes for busy streets...signage, etc. DO NOT ALLOW THEM ON CITY STREETS OR WITHIN CITY LIMITS. No children We have a place up north, these vehicles are very l loud because of the variable speed clutch used in them. They are very noisy compared to a car with a car with a good exhaust on them. The other thing I noticed, pick up trucks are getting a lot louder lately. Liability insurance Don't allow them. OPD has rights to ticket . No sidewalk use Not allowing ATVs/UTVs on city streets Same as motorcycles or already legal in the city LSVs. Should not be allowed at all in City of Oshkosh follow traffic rules (ie: on the road, need to follow the rules of the road). Should not be under 16/or without vaild drivers license. Only in rural areas. Not bar zones. Not to be used on sidewalks Thus will be a nightmare causing accidents, injuries etc. the police are too busy with drug issues to control speeding in the city as it is No other restrictions. Just proper lights. only allowed in winter for snow removal purposes Only restrict hours of operation if you allow no muffler If under 18 years of age, no passengers. (what about liability insurance?) [ need active law enforcement on higher traffic routes ] All of the above I do not condone this measure. It 's absolutely stupid. We aren't some rural, hick town. On the other hand, the way that Oshkosh maintains its streets ATV/UTV usage may be the only way to get around. Maybe the city of Oshkosh should be more concerned about actually enforcing illegal street parking, the sales of drugs, and the stopping of cars and trucks that are not properly licensed or violate laws. Maybe they'd actually earn revenue through enforcement like other communities do. It is amazing what the Fond du lac area has done as far as enforcement and ticketing which catches drugs dealers, weapons violators, human trafficking, and those evading outstanding warrants. Do better city of Oshkosh. You have continued to fail the taxpaying public consistently. Yet you have no problems inceasing our taxes. At some point , the citizens need to gut the Oshkosh city council and police department and actually put well-qualified individuals in place that do not constantly represent the interests of scummy landlords and corporations like Oshkosh Truck. Simply DO NOT allow. OPD has enough to do to keep the city safe. They shouldn't be allowed on city street , period. Operated by drivers over 65 This suggestion may fall under the licensing mentioned above. However, ATV/UTV drivers in Oshkosh should twenty-five or older. No juveniles or college -age people. All of the above These should never be allowed Not able to operate if have DUIs and other restrictions on your ability to drive a car Follow Rules and Regulations consistent with DNR Not allowed on street . Viewable liscense plates and no driving in 4 lanes streets and possibly a always on lights because electric carts are quiet Seasonal Fall-Early spring Until Oshkosh get tough on Automobiles who roar around with no mufflers and disturb tax paying residents, especially on 9th Avenue, it would be catastrophic for citizens to have Loud and hard to see ATV's on city streets. It is a total NO from me any my followers. Start policing the noise polluters which you can not control prior to adding more abuse. A limits !!! Must be 21 to drive no teenager drivers UTVs only, no ATVs Required to yield right of way to pedestrians and other wheels (skates, skateboards, bikes, wheelchairs, etc.). Complete unfettered access to all roads, paths and trails with no restrictions or regulation of any kind. I also think snowmobiles should have access to any public parks and green ways. All of the above If this gets passed in the City limits of Oshkosh, i think the members of council need to take into consideration of age requirements. I strongly disagree with this due to the amount of accidents on the city streets involving bicycles, motorized scooters, and motorcycles. Adult only It's absurd that this is even being considered seriously in the city. The danger of ATVs on city streets across the country is well documented. not on sidewalks Also need an electric bike and scooter policy on streets and sidewalks. Current bike lanes are a mess and they do not stop or follow and rules in the road for emforcement Restricted to roads only when roads are impassible by vehicles due to weather conditions age 21 or older Absolutely do not allow them on city streets or sidewalks. No open intoxicants for passengers in utv’s Insurance Obey all traffic laws! do not allow this, i dont pay taxes in the city to have to contend with this traffic disaster By licensing I mean through the State of Wisconsin......Not just some permitting process. Transportation and safety affects everyone on city roads. All of the above No restrictions. Not allowed at all Turn signal Don’t allow Absolutely do not allow Minimum age of 21, we already have immature drivers on the road with dirt bikes and motorcycles. This ordinance is a BAD idea…..already too much reckless driving on the roadways. UTV’s only. NO ATV’s Do not allow! Same as Winnebago co rules Also Wisconsin county rules. Must be registered with DNR Age requirement for who can operate. Driver must be licensed equal to WI driver's license criteria. Required adult age of driver and passengers Well they should be allowed on all the city streets that are 35 mph or less. As being an outsider that would give me the enjoyment of driving from my house up to visit friends in Oshkosh. I am currently in Dodge county where we are all to ride all the county roads. If you follow the state guidelines there should be no issues. In other words anybody under the age of 18 that has a valid driver's license has to have a helmet on. I could see this adding more people coming into the city and enjoying what the city has to use. No on road use Helmets Don't allow it Mud clean up The requirements listed would not overcome my concerns about allowing ATV/UTV usage in the city No kids Do not allow As long as they follow the traffic laws in regards to speed limits, traffic lights, mufflers, no hot dogging... No other restrictive measures need apply. I should not have to modify my machine to have turn signals when hand signals work fine. I am Already required to register it with the DNR just to own it . I WILL NOT be paying for another registration to road ride. I WILL NOT be PAYING A WHEEL TAX on this mode of transport . Proof of insurance, stored out of sight No children allowed //////////////////////////helmets for Atv use only Helmets if there isn't a roll bar. Mandatory seatbelts and insurance. Helmets shouldn’t be lumped in. trailer limitations with ATU/UTVs No access to sidewalks, riverwalk, or bike trails Specified uses? Signal lights. No access to the Wiowash trail Only allowed on city streets; should not be operated on sidewalks or bike paths do not want atv on city streets Seatbelts requirement mandatory! Enforcement of all noise ordinances Enforcement of all noise ordinances. They should be allowed on all streets as long as they are abiding by standard law. Maybe the city could in fast use some right of ways and city properties to allow safe crossing and ways to travel not just on the road special parking areas in the downtown area to help promote local business and possibly even encourage out of town business as well as businesses to come in. I think having lake Winnebago as well as all the parks and activities it would help freshen up the city Allowing travel from residence to nearest route Operator/passengers must all be at least 21 years old Should be registered and pay the wheel tax just like every other vehicle does. No sidewalk use Should not be legal on sidewalks, paths, or in parks Never should happen Do not allow follow regular speed limits and normal atv regulations for age and helmets etc They should never be allowed within the city of limits. There is no reason for an ATV to be cruising on concrete streets - that's not what they're designed for. They pay a wheel tax must have insurance atv/utv should not be allowed on Oshkosh city streets at all. It is bad enough to drive a car on these unpatrolled streets. None Insurance Small 2 or 4 tralier Mandatory insurance All of the above Very few restrictions just follow the traffic kaws Not a good idea Auto insurance Seatbelts Age limit . 25 or older. None Same fees, license, registration, safety, and wheel tax as motorized vehicles. Shouldn’t be allowed. They should not be allowed in any format! But , if they are, they should be regulated in the strongest possible way. crash test ratings all of the above seem reasonable, but these are required of cars and motorcycles right now, and none of them are enforced in my neighborhood today. why would atv's be any different ? I don't want ATVs on the roads in Oshkosh Allowing ATV/UTVs on city streets will create too many hazards for the public. No alcohol use city oshkosh is to big for this 67, 000 ,population might work up north. the city has enough problems e -bikes e -scooters modify exhaust systems cars motorcycles an some fore lane streets race trackslets get these problems Insura Liability insurance minimum insurance coverage ENFORCED FOR ROAD USE Not to allow them Full Insurance coverage, mandatory secondary operation education and training classes, proof registered with the city annually, and additional police officers hired to account for the increase in traffic safety enforcement . Do not allow on city streets! I have listed below Any route if heading to a lake access This is a terrible idea 21+ ATVsvehicles./UTVs must Yield to all pedestrians, cyclists and passenger vehichles. There would need to be a 0 tolerance for OWi with a 0 BAC law. Immunity from lawsuits when they inevitably drive like idiots and get seriously injured NO DOUBLES FULL PPE .03 BA OVER.08 I absolutely do not support it in any form. Insurance not on sidewalk unless plowing snow Follow the DNR rules and regulations Helmet for certain age groups Helmets required for anyone under 18 years of age. Proof of liability insurance must be carried at all times. Any and ALL offenses WILL be reflected upon drivers license, even property damage offenses. A set limit of minimum insurance levels to be determined. Keep it snow removal specific and they should be electric only Rearview & side mirrors As I would not support them being allowed, I would want all safety measures considered to mitigate concerns. Should not be allowed County rds only outside city limits Shouldn't be allowed at all Full vehicle insurance and regular car license Operators and vehicle to be fully insured. Same alcohol if not stricter alcohol rules and regulations. 21 years of age or older. They pay the same wheel tax as we pay per unit . They should not be on city streets. AGE RESTRICTION Required collision and liability insurance coverage (if not already required) If allowed, these vehicles should have to pay the wheel tax as other cars and trucks have to in the city. Meet DOT safety standards and road tire not offroad Strict enforcement of all regulations Limited numbers of ATVs/UTVs in a group. Wisconsin motor vehicle license plates and auto insurance Shouldn’t be allowed. Require insurance Should not be allowed at all Turn signals Dumbest idea ever. You are asking for trouble. Underage, unlicensed, loud, reckless, stupid drivers. Zero, none, this is a bad idea! Safety gear for under 16 years old. Is aloe on some streets, allow on all. Should not be allowed on city streets, they are recreation vehicles meant for trails not city roads. There are also no regulation on drinking and driving, if this passes you could expect to see drunk driving and injuries and deaths from that to skyrocket . this is a terrible idea rooted in greed. these devices, irregardless of modifications, are loud and dangerous. I write as a concerned parent and homeowner. I've lived in small towns which allow this and ATV and UTVs are both audibly disruptive and dangerous to young children. licensing and taxed the same as cars. same emissions standards as cars Please don’t . This is a terrible idea. None, I do not believe these should be allowed on city streets no not within the cuity limits no point we aren't a rural area Wheel tax Only over 21 drivers, how does a DUI apply to them in a UTVVehicle insurance ( in event of accident with a car/truck), wheel tax to be paid, cannot park in handicap parking stalls Absolutely no underage drivers. No cruising from bar to bar. Same impaired driving restrictions as cars/trucks. No riding on sidewalks. Not able to use on sidewalks!!! Many cities in the Fox Valley have or are considering laws against ebikes on sidewalks. ATVs/UTVs can go just as fast if not faster and take up much more room where people walk. A minimum of 18 years age; the 12 year age limit is far too young. Insurance specifically for ATVS/UTVs. Also, more police officers to enforce the roadways. A fee for ATVS/UTVS to use the roads. Have to carry insurance just like a motor vehicle Do not allow this to happen!!!!!!!! This is unsafe for our community. Full motor vehicle insurance Who will enforce? How will police issue tickets if not a typical vehicle managed by the police? All of the above Zero --This should not pass whatsoever for many, many safety concerns. do not allow atvs and utvs to do anything on city streets Only if having a snow plow attached. No other. No children under 18 in/on ATV/UTV It should not be allowed at all UTV only ATV’s are to small and harder to see Don’t allow them Limit hours of operation, for sure. None of this should be allowed Open all roads to eliminate confusion for the operators. Follow the WI state statute of best to keep regulations easy to follow. All steers open Directional lights- blinkers! And horn. What benefits do you believe allowing ATV/UTV usage on city streets might bring? Increased tourism 21% (400) Economic benefits for local businesses 24% (458) More transportation options 30% (575) Other 26% (506) None Freedom for owners to drive them None Some people might enjoy it None None no benefit None None. We do not have the trail systems to have this make sense. NONE None None None No real benefit I don't see there being any benefits that would benefit the community as a whole I do not see any benefit None None none None None. This is a ridiculous idea. None None Nope. This is a bad idea. None No benefits I don't believe we are losing economic benefits or tourism business by not allowing use of ATV/UTV on city streets. None I don't believe that there are any benefits to allowing these on city streets other than to alloythe over privileged to use their expensive toys on city streets. Nothing None None.....more accidents !!!! Save on gas from vehicle use. More economic. None freedom from restrictions. None More freedom without any serious consequences. none None We pay SO MUCH TO LIVE IN OSHKOSH you have to have some small reasons to keep the people you do. Our taxes are insane. No benefit in a city the size of Oshkosh I see this as extremely niche and having virtually no benefit . It will create more problems with motor vehicle enforcement that anything. No benefit Making it legal for ATV/UTV's to be utilized on streets and parking areas, close to frozen ice conditions, as the ATV/UTVs are already engaged in use of some city streets during ice fishing season. Will allow those who live within the city to access trails and frozen waterways without having to trailer them. I don't think there is any benefit to ATV/UTV usage on city streets I see an economic impact to bars and restaurants that border the lake but other than that , there is no reason an ATV should be rolling down Main Street Absolutely none. All it will bring is chaos to the streets. You can't seem to regulate electric bikes on sidewalks, motorcycles driving down the middle of roads, scooters racing in and out of traffic, or pedestrians running out in front of traffic. Why do you think you suddenly have the skills to do something new? Can't see any benefits to allowing ATVs on city streets. none Nothing None 5th I see no benefits. I don't honestly believe any of the options listed above would materialize as a benefit . None No benefits no benefits and would risk lives of residents and folks who drive, walk and ride bicycles on streets or city park trails I do not see any Saves on gas money and less damage to roads None reducing trailers during ice fishing in neighborhoods. I don't see benefits None To get them to a trail, so that they don’t have to use a trailer to transport We may see less people in Oshkosh drunk driving in automobiles if this were to pass. I do not see any benifits Additional access to green areas None none None None none None None None - it’s ridiculous that this is even being considered. none I agree with most on the City Council I don't believe ATV/UTV enthusiasts will want to use the City of Oshkosh roads for recreation...this is more like an up north thing or a country thing not a city thing. none none, will cause more problems None None Fun for riders NONE I feel that the only places where they should be allowed is to get on the lake when there is enough ice to be safe. When ice is thick enough for an ATV, parking can be a few blocks away from the ice. Would be nice for those going on the lake to be able to drive from parking spot to ice without fear of a fine. none if any While there may be a small benefit to the user, there is a significant disadvantage to others trying to use the streets around them, as well as a safety issue for all. None I see no benefits to the city in allowing this to proceed. None Absolutely nothing. This is so ridiculous. We are a CITY, not a village or a small municipality. This would add nothing to the economy and would make us look even less sophisticated than we already do. There would be no Benefits except to cause mor danger and noise pollution. Winnebago County should take a page out of Sheboygan County and make it mandatory to have smog tests for all viehicles. none No benefits at all. none no benefits for the city of Oshkosh I do not see any benefits Greater convenience for ATV/UTV owners NONE Nothing good, there will be no enforcement of the rules of the regulations of driving an ATV around town. A new form of entertainment , especially around taverns. None I see no benefit Snow plowing None None transportation for mobility impaired and elderly More freedom for citizens to choose Very little More jollies for a minority of ATV/UTV owners, i.e. selfishness NONE I dont think there will be any kind of benefit from this. The bar owners are thinking they can bring in more businesses, but now your going to mix alcohol and riding on the streets with an ATV. I honestly believe that motorist are going to have a hard time seeing people riding ATV's/UTV's. Plus not to mention all the wear and tear that the city streets are doing to endure because the tires of an ATV are not made for city streets. None None none of those things- not a whole lot of benefit None of the above None. I see absolutely no benefit and these categories are made up. I'd like to read studies and know what impact ATVs have had on cities like Eau Claire and Appleton, if they are allowed on streets there. This whole thing is being rushed and is inconsiderate of citizens. None. It will only make already dangerous road condition more dangerous. Not sure as there are no trails here for people to use. Do they have collision insurance? None! No benefits. People can’t drive now. no benefit at all None Not a dame thing!!!! None other than the few that want to eliminate the need to trailer their UTV to Lake Winnebago in the winter No foreseen benefits. Nothing None Some of these benefits might come about by allowing ATV usage, but I believe they would be very minimal at best None None, I feel that would be dangerous and another distraction for automobile drivers and pedestrians None None Absolutely none None! None I don’t see any benefit to ATV or Utv on the city streets None No benefits. Increased accidents and annoyance of neighbors I see NO benefit to having ATV/UTVs on our city streets. None None of the above None none Nothing but people screwing around None Emergency winter transportation None None!!!…Are you nuts?!! none none None must have proper insurance and proof of like other vehicles there will be no benefits Nothing The benefit of the above regulations would give law enforcement a tool to use if and when they had to intervene at some point . Local sales of UTV’s I do not see any benefits for our city. Liberty I see no benfits only more deathes. None. I think they would be nothing but tremendous hazards. They were not designed to be operated on streets with other traffic. None Less reason for OPD to give people a hard time None Nothing come to mind. They should only be allowed near the lake for ice fishing. I don't believe at /UTV use should be allowed at all Quicker degradation of our city. None, Nobody is going to come here to drive on the streets. They want trails! None None. Will cause traffic issues. cannot think of any benefits None Nothing None versus the risks None No benefits I do not see any benefit . The city of Oshkosh is not a small rural community up north where it might be more appropriate. It is a stretch to argue economic or increased tourism benefits. Nothing at all. Increase in accidents NONE Cheaper transportation option for users None It will not benefit the city None None Was car accidents in the snow because you can drive them and not worry about slidding More riding opportunities More access to lake Winnebago None Lighter weight crucial traffic and less road ware None Farmers could use them for farming needs to get from town to a co-op also for hunting Not sure benefits are worth it Specifically, would help during ice fishing I really don't see much benefit . Extra seasonal business. Battle on Bago fisherman No benefits! None None Enjoyment of the hobby None None None. They are an excuse to drink and drive and be lazy Safer roads for bikers with a variety of transportation types on the roads and more drivers with better visability and hearing I work in the city limits and could drive to work. Another benefit would be accessing the lake for ice fishing/ Sturgeon spearing There are none None None None I suspect some ATV/UTV riders would like to have access to Lake Winnebago during ice fishing season without having to put their device on a trailer Less damage to roadways via lighter vehicles No benefit at all would cause many safety issues Snow removal only Getting to lakes in winter. None None None Certain Rural Residents despise having to drive their vehicles into the cities because, well, you've seen the way some of the 'people' drive. Communities (large and small) around the state who have welcomed ATV/UTV access tend to draw the rural folks to town easier because now thy can run to town with the UTV they feel safe running around in. They are (not tend to be) they are safer drivers than alot of the city folk. fewer cars, I see no benefit for a city like Oshkosh None! None None! None No benefits No benefit! None No benefits None at all None None I don't believe there would be any benefit . none Access to Lake Winnebago in the winter. None; the only reason anyone needs an ATV in Oshkosh is if they're dragging their shack out onto the ice in Feb. This isn't Eagle River... There's not enough tree cover, natural areas, or terrain within a 45-minute radius of us to warrant anyone needing or wanting to drive an ATV in Oshkosh. It would be the most boring and pointless ATV experience to put routes through here, lol. None None none None whatsoever. Where I've seen this allowed, there are literally only nuisances, not benefits. NONE No benefit No benefit what so ever!!! None None No other benefits for the city More work for body shops and health care facilities None None none It brings NO benefits None None NONE None Nothing None NONE None None ! NONE! None None snow removal. NONE Convenience for ice fishermen More time with family Nothing significant Freedom for Ice fisherman to get to the lake All of the above and more None I see zero benefits. Tourists in this area generally have a car, not an ATV. I don't see many owners driving in the city shopping, dining, sightseeing,... They're made for off-roading, not concrete roads. NO Atv/Utv on Oshkosh city streets. increased noise, reduction in property values, increased congestion, increased traffic accidents Options when buses aren't running None whatsoever None None NONE None I do not see a benefit or need for adding this type of vehicle in a city of this size. None No benefit . None They bring no benefits. Tax paying residents can enjoy their own community as well as surrounding communities will enjoy oshkosh None. I think it's a poor idea None none No benefits, plenty of trails already established for this use. City is already extremely noisey with current motorcycles, EAA, bands, and increased traffic and congestion. no benefit , ATVs/UTVs are loud, dirty chaotic vehicles and would disrupt any peace still remaining No benefits. Only problems with bar hopping and joy riding. I don't think any of these will happen. Other than a city street being a connection from trail to trail, I do not see any benefit . No benefits None No benefit I see this as a net negative for the city and residents. I don't see any public benefit to allowing such vehicles on city streets. No benefits to a city as large as Oshkosh. more transportation options without rule enforcement Road access from west , south and north. Including lake access by UTV/ATV for recreation. Unique recreation opportunity for Oshkosh that similar sized cities do not offer none I don't want ATVs on the roads in Oshkosh. Nothing good can come from it . None Ability to talk to neighbors easily, pull trailers/other equipment around, great visibility/maneuverability, great for farm kids to get around Morons flexing. Not sure about ATV or UTV conditions, but some small golf-cart-like vehicles pollute less and use less gasoline none More noise. None Cheaper to operate Don’t believe there are any benefits just more problems None There r non There aren’t any true benefits to this proposal. It’s all surface level perception and not based on reality. Big benefit for us ice fishermen. Create safety problems Traffic accidents, confusion from senior drivers, extra duty for enforcement officers, unfair wheel tax evasion, unfair license and registration fees compared to automobiles paying for same privilages increased headaches for residents, traffic problems, automobile fees for registration and license cost more, yet ATV to get the same road use privileges, THEY DON'T BELONG IN A CITY!! None of the above Cheaper to operate for cost of gas. None None. Adding even more danger to cyclists and pedestrians. The scooters are bad enough. None. Do not allow on city streets! I see none Fishing None None None. This sound incredibly unsafe and I can't believe the city would even consider it . I see no benefit . None This is a horrible idea! None None None There is no net benefit in my opinion. OPD struggles to enforce any laws for scooters, ebikes and mopeds, which already pose safety issues. As a driver and cyclist on Oshkosh streets, it is barley safe enough to ride a bike. Adding ATV culture into the mix will result in more injuries and death. None None None. Absolutely none. No benefits No reason what so ever!!! None that I can see None None None A boon for local police and healthcare with the accidents None None Less expensive option for those that cannot afford an automobile There are no "benefits". None None Could see some benefits to outdoors persons accessing the ice on Lake Winnebago NO Benefits - More safety issues None of the above. More fatalities on city streets. Support for local dealerships & Service Providers, Community Engagement & Recreation, Infrastructure Development . Fosters outdoor recreation, encouraging residents & non-residents to explore. It is a point of pride for communities to embrace the sport and build trail systems. Communities often invest in trail systems, signage, and safety ordinances, which can improve overall infrastructure and connectivity. None None None, I fail to understand why we need to allow these vehicles? We don't allow snowmobiles on the streets, even with snow. Licensed drivers have cars, motorcycles and bicycles available to them. none None acceptable. None None None None None None NONE The juice is not worth the squeeze What a fun feature for a city of this size to have!! Nothing they are nuisance already on Iowa street . They drive down my road consistently between 17th and 19th they are loud and drive recklessly None, horrible idea Makes parts of the city more accessible None Does "none' qualify here? Absolutely no benefits. Nothing. None NA none Can’t see any benefits none None other than more crowding and safety issues. Better economy none of the above Alows people to drive at vs down to the frozen lake, and will reduce the number of vehicles pulling trailers across town, and reduces the number of vehicles with trailers parked on public roads. More accidents Safety prouble Economic growth Nothing No benefits just trouble None None Quality of Life None Freedom. Road taxes are partially funded by the sale if fuel none none None Negatives outweigh positives None No benefit None,we have people that can't even drive in this city. And you want to put a TVS in u TVS on the street dumb. None None Nothing No benefits. many more accidents None None None it’s just a convince thing None None None for a city our size. Zero benefits. Only safety hazards None No benefit No benefits other than assisting in snow removal. More accidents Higher insurance rates, high level of DUI, more accidents. Dumb, dumb ,dumb None None. I don't see any good in it None None More issues. Don’t do it . None crime and accidents, and children fatalities. as parents will use ATV/UTV as babysitters. there will be deaths and injuries. and parents will sue the city citing this law as the reason they allowed their children to do it . good luck none! I think this would bring poeple into Oshkosh from outlying areas to use our businesses and services. drive to lake for ice fishing. saves me time of loading and saves parking truck and trailer. Very little benefits from this other than people that own them can use them more to justify paying the high cost to purchase and own one of these vehicles Injuries such an ordinance will provide zero benefits None None No benefits at all. None None There is no benefit None None No benefit at all! none None None No benefit would outweigh the risk. None, I do not believe these should be allowed on city streets 0 benefits more drunk driving by people who already lost their regular licenses non, it would cause more harm to pedestrians nothing Snow removal. That's it . Cons: I believe it will make roads incredibly unsafe. More drunk drivers More traffic confusion None N/A in my mind Absolutely nothing None It may bring more pollution and noise, which, if you are a fan of those, you might see it as a benefit; for the average citizen, there are no pros. There are only pros for those who own businesses, which are very few and far in between for those that would be impacted by changing this ATV law. More bodies for cemeteries None None Easy transport to boat landing in winter months. Access to county roads that are available to ride on. No benefit - This would be another problem on our city streets and a danger to pedestrians. None. None Use of county atv/utv routes with out having to load & trailer machines to use them by Winter sports like snowmobiling and ice fishing Not hearing the rednecks in this town complaining anymore. They’re the biggest man-babies. I don't see any benefit having these types of vehicles on the streets. None None, will only cause safety and noise concerns None None Zero added benefits that an automobile or motorcycle doesn't already provide. None NONE None Eco friendly. Less wear and tear than standard vehicles None, do you actually think someone with a UTV is going to come from out of town to ride an UTV in the city !!! Can drive mine to work None No benefit None None None None I don't believe there are any benefits that outweigh the existing laws and infrastructure designed to keep all road users safe. there would be no benefit to these machines operating on city streets If we must have them, no sidewalk usage save snowplow. You let ATVs on the sidewalks pedestrians suffer. None Rural bar establishments, no benefits within city limits. It offers no benefit and will actually cause a lot of problems More traffic hazards None None There is no benefit , except in someone imagination. It is naive to think ATCs will positively impact the local economy. Maybe up north, but not in a city that is trying to promote cultural events and a more refined atmosphere to attract professionals. This is driven not by common sense, but by a few who think this will generate more money, even at the expense of residents. ATVs have a great and wonderful use in construction, farms, hunting, etc., but not driving around a city. There is a sound reason why other cities don't allow them. Let some other place try it first before Oshkosh jumps on a make -believe idea of money generation. None. This is such a bad idea os shocking This is an excuse for those who own these UTV's to drive them to the bars. There are no access roads for these vehicles to be used for off road. There are no benefits only an increased risk of death No real benefit , other than another place to be able to get to. None What concerns do you have about allowing ATV/UTV usage on city streets? Safety of riders and other road users 31% (989) Noise levels 23% (757) Environmental impact 13% (416) Potential for increased traffic congestion 22% (725) Other 10% (338) None I'm concerned about riders using sidewalks. I'd also like to see e bikes getting lumped into this. They should also be restricted from using sidewalks. No concerns impeding on current traffic if operation at lower speeds then the speed limit . This is a terrible idea. Increase bike paths. Walking paths. Anything other than adding more motor vehicles. Unnecessary use within city limits. Negative road conditions We already have people riding E bikes, and motorbikes and speeding down our street at very high rates of speed, I am talking 40 or 50 miles an hour. Nothing is done to enforce this, this will stretch resources even thinner for people who abuse riding an ATV or UTV. I think the thought this would bring tourism is ridiculous. Are we going to make so many roads in the city friendly to ATVs that everyone can drive downtown. That is several miles from any country location where these types of vehicles are typically used. I am 1000% against this, and I’m disappointed in the council person I voted for who is supportive of this. We are regularly seeing people speeding on any of our roads and have had an uptake in people driving 100 miles plus on the highways. Let’s put our policing to good use in areas like that . This would require more policing we don’t have the resources for and would create a nuisance in neighborhoods. They are allowed, smelly, and are not intended for city streets. Difficulties with recognizing small vehicles Gives false impression that it is safer for drivers impaired by alcohol. I have concern that people using these vehicles will be driving all over the place - the road, the sidewalks, parks, people's yards. What's to stop them from darting around traffic and up onto the median to avoid stopping? Seems dangerous. None iF THEY DRIVE AS STUPID AS THE CARS, WERE ALL IN TROUBLE None! Stop being so closed minded. Nuisances will increase tied to wreckless driving and enforcement . Safety of pedestrians safety of pedestrians: people not on or in the roads but on the sidewalks, driveways and walkways.;And the Safety of children. Enforcement of rules, traffic issues and increased chance of incidents/fatalities, increased need for road work to accommodate, OWI increasing, increased parking issues. Dumb idea. We are not equipped for this. We are a city, not a town None. We already allow LSVs and other vehicles of similar structure. Slingshots and Can AM Rykers. ATVs & UTVs flying flags and banners A way for people without a valid drivers license to skirt the issue (under 16, suspended license use ATV/UTV to get around in the city)... these vehicles aren't meant for city use, in my opinion. Only cars on city streets Users may not follow all the rules of the road More accidents.... people don't know how to even drive cars properly Wreckless driving None Increase in impaired drivers on the road None as long as they are capable of operating at the correct speed (aren't too slow). With the proliferation of e bikes already racing up and down sidewalks and streets, ATV/UTV use would further endanger pedestrians and bicyclists Atv riders treating main roads like a trail and not watching for traffic Speed violations, lack of adequate law enforcement , lack of insurance coverage should have minimum like a regular vehicle if they're on the roadways. Riders out "hot-rodding" or cutting through owner properties without permission. Difficulty with enforcement of violations resulting in riders using basically any type of motorized vehicle to travel the city They do NOT belong on city streets. Safety, Safety Safety None More speeding on Menominee Drive and Hazel and Menominee Park. I can name 100 reasons why this is a horrible idea Dangerous driving by users of these vehicles and no/low regard for traffic safety Frankly, it will simply make Oshkosh a less desirable place to live. Quality of life will diminish for many, not just improve for a few. Trespassing on private property; intoxicated use. Currently we have too many hot rods and motorcycles speeding on city streets without adequate speed enforcing by police None Users not properly understanding rules. Drivers not yielding or knowing proper procedures around atv/utv Who's at fault in an accident Packs of them together causing problems. Reckless use See Addtional comments. Lack of enforcement of laws. It is nice and progressive that the Oshkosh police department is not strict . However, sometimes, one has to insist safety first , strictly first . Unlimited access may not be a good idea Lack of enforcement of whatever rules are made. Currently the enforcement of speed limits in the city is so poor that we have drivers racing all over on major thoroughfares. Start cracking down on speeding my cars and I might be more in favor of ATV/UTV usage. Right now I see it as just another thing that OPD would poorly enforce. A reduction in Quality of life. These machines are loud, in both engine noise and road noise because of the aggressive tires. We enjoy the peace and quiet of Oshkosh. If operators carry the same entitlement as motor cyclist , safety us a huge concern because they think they don't need to follow rules and vehicles should be the ones responsible for their safety! Dangerous use. Not obeying traffic laws. Young kids driving them around. none Potential for convicted DUI offenders to use ATVs as a means of legal transportation I'm a runner/cycling it's hard enough being seen by cars on Oshkosh roads...don't want to worry about ATV/UTVs as well. possible damage to public property such as parks and trails Very difficult to see, could cause additional accidents. Drunk drivers and/or underage operators Have more concerns regarding safety other road users than ORV operators. Tear up the roads which will be added on to property taxes. Additional policing needed There is also a greater danger to pedestrians as well as bikers. Homeless using them as to create problems Keep them on the trails + farms the bad apples who will be ruckusful and give a bad reputation for other riders Oshkosh can not police the traffic it has now, it would be a catastrophe to add ATV's (forget it , we will protest any such additions to the horrible noise of traffic we have now! Regulations not being g followed or enforced Teenagers do have their license, More than positive rules and regulations are not going to be enforced and then it 's going to be a s*** show around town I have no concerns, as ATV/UTV operators are fair minded, safe individuals who respect others. It has been my observation that ATV/UTV operators quite (not always) feel "too much freedom" of the road and drive in less than prudent mannerism. Safety, noise, and congestion are my biggest worries. There have been so many accidents between cars and motorcycles. This is not going to be any safer. Culture of ATV/UTV groups usage clashing with other citizens. OPD is already limited and regular traffic laws are barely enforved, so adding more responsibility to law enforcement seems counterproductive, and to what end? Why? The electric scooters and bikes cause enough problems why add more,? The whole thing is foolishness.ms orced As someone who walks and bikes MANY miles each month, I can tell you that Oshkosh streets are already quite dangerous due to distracted driving, speeding, and people regularly ignoring the rights of pedestrians in crosswalks. Please do not add more danger to what is already a very bad situation. Promotion of drinking of driving, as people don't often equate ATV/UTV's as actual vehicles none Must have a purchased license to use roadways like automobiles. Insurance and no traffic enforcement Poor driving skills. Too many people on their phones and there’s going to be an increase of traffic deaths pedestrian accidents and high speed on sidewalks None Being able to see them from my car. bicycle safety More DUI offenders on the streets It’s common in some southwest cities, I have seen several bad accidents and I don’t believe there is enough need to have them on Oshkosh streets. People using ATV/UTV on sidewalks and bike trails should not be allowed. I would hate to see someone get hit by either of these vehicles. ITV’s are not designed for paved roads. Their size and visibility compared to automobiles may present a safety hazard. They also have the potential to increase risk for pedestrian and bike traffic. Regulatory confusion between cars and atv/utvs and what is legal related to alcohol consumption. Oshkosh currently does not have safe or adequate infrastructure for bikes and adding atv/utvs to the mix will make things worse. Why would you want the noise and air pollution in our neighborhoods and downtown areas? Lack of compliance, difficulty of enforcement , serious injury or death for riders. No reason for them Not necessary for tourism. Find another attraction for tourists! More smaller less safe vehicles adding more congestion to our already busy streets pedestrian safety Reckless driving Drunk drivers, harder to see them, smaller vehicles Speeding danger for bicyclists bike riders and pedestrians, and roundabouts Not obeying traffic laws! Nothing they are just like a car sometimes bigger than a car Kids and others abusing it Will laws be enforced? Insurance requirements for ALL participants and not left to the motor vehicle. Round about will be disastrous. deaths Speed, rider safety, noise, pedestrian safety etc. IF ATV/UTV are permitted on our streets, then they should have to conform to ALL city/state regulations that auto owners have to conform to operate a car. Safety issues, unskilled drivers, visibility issues in traffic, lack of safety equipment on the ATVs resulting in more injuries and potential fatalities in accidents. All of the above Not able to keep up with traffic. Inability to see them as they maneuver between lanes. Danger to their operators if they hit one of the numerous potholes in our streets. No concerns. Physical harm, many accidents, really annoying Increase in accidents Drunks. Kids running around on them None None ,no differt than motorcycles This isn’t a rural city, why would anyone even have a need to have a utv except to look cool None Same as a motorcycle Kids running them Drunk people Young inexperienced and reckless drivers. Too hazardous These types of vehicles are not made to operate on city streets. I have concerns for reckless driving mentality endangering the motor vehicle public and dangers of reduced visibility, reckless driving, immaturity. I already see young people on motorcycles operating reckless, riding acrobatically on one wheel, excessive speeds etc. None DWI laws do not apply the same to ATVs. I’d hate to see this be a way around ignition interlock devices. Drunk driving The tires are not meant for pavement . At lower speeds it would be ok. If you try and turn at a fast speed you can loose control So many of our streets can’t handle the cars and bikes we have now I feel like there will be more traffic but I feel like anyone under 18 shouldn’t drive them on the street Dangerous driving behaviors Underage drivers. We currently have dirt bikes speeding up S. Westhaven and then riding their bikes in the field across 20th north of Lampam Hickey. It 's dangerous and annoying. No concerns Not enough enforcement Other communities are not seeing the issues they thought they’d see. Most machines are expensive and well cared for. Alcohol use with ATV Pedestrian accidents None Accidents Increase in drunk driving/operation I strongly feel there are too many dangerous drivers on our city roads, why do we want to allow more vehicles that typically drive fast and don't always abide by the rules of the road. There is already a lack of parking I am particularly concerned about juveniles and less experienced drivers of ATV/UTVs for their own safety and the safety of others. I suspect younger ATV/UTV drivers would be more likely to be involved in single -vehicle accidents, collision with cars, trucks and trains, and accidents involving pedestrians. None what so ever Racing on the streets, neighbors have been doing this for years Please officers have enough work and don't need the presence of vehicles that should be in trails not busy City roads More enforcement would be needed taking up more time from our police officers' days It will take a bit to get everyone used to the change. They are not built for the roads Must have a valid drivers license People being disrespectful about it The immature dinks that gotta show off and screw it up for everyone. Just look at the Crotch Rocket crews running around. I used to love riding my Rocket around. Now I'm ashamed to be seen on it because I am viewed as a jack wagon who hotdogs and screws off harassing other motorists. Those causing havoc Should have their machine impounded and auctioned off, along with a ban from operating those types of vehicle, whether that be just within the city or at a state level working with the DNR. Penalties should be harsh for those trying to ruin it for others. There also needs to be some oversight for those enforcing the law as well, so they dont abuse their position to steal vehicles from people for something as simple as speeding. ( You know the OPD has done this in the past) None The police dont monitor enough areas just for regualr traffic as it is. Theyll have a harder time enforcing the laws on UTV/ATVs. I do not believe any utv or at or electric bikes should be allowed on sidewalks. Any motorized option should be in bike lanes or road only. None Negligence. Reduced law enforcement due to its distractions to enforce. More fatal accidents It's literally pointless. ATVs need COOL TERRAIN to attract tourists. We definitely do not have that . That's why everyone goes up north. General mayhem You currently have unresolved issues with e -bikes and scooters as a menacing problem! Why add another problem to the equation? drivers not following the rules for cars, etc. and causing accidents Illegal usage; I've already witnessed people riding the wrong way down one way streets on ATVs and dirt bikes DOWNTOWN, through yards, and on sidewalks. Many of these riders were kids, not adults. It will have some problems in the beginning like anything else, but I do believe that after people are used to having the new vehicles on the road it will calm down. Additional congestion on already congested streets Road hazzards Lack of respect of rules and care of pedestrians No tie in to trails The drivers in this city don't obey speed limits now, so this would be a very bad idea. Roundabouts are even worse! The average driver goes 10 miles over the limit on South Park and 20th most of the time. Two little girls were killed on an ATV on a country road two summers ago and ATVs aren't not safe. This will not bring more revenue to the city. ATVs are meant for the country and trails. We have nothing to offer them in the city. more accidents. None None Police enforcement will be impossible none none! None Reckless driving by operators My nearby neighbors already use their golf carts and ATVs to zoom around the immediate area, disregarding any city restrictions on usage. They ride through our corner park like it's a race track. No concerns Must heed to traffic regulate city on city streets as well as parking or face the same citations No concerns None Atv/Utv will be a serious hazard and make the streets more dangerous than they already ridiculously are. None Pedestrian safety Tear up streets You’re just asking for trouble, there’s already enough drivers have to look out for now with these motorized bikes. Police not understanding the atv utv rules and regulations Debris on roadway None confusion, extra vigilance for all of smaller vehicle in car lanes None Collisions with cars and trucks. ATV/UTVs on streets combined with speeding and careless/reckless driving already occurring would make driving even worse in Oshkosh Increased reckless driving on the public roadways Don't have any more concerns than someone driving a car. Safety. Limited protection of the driver's and passenger, especially with side impact when hit by a car. More ways of drinking and driving As a rider we have never experienced any of these concerns, just the opposite. we already have scooters and electric bikes and regular bikes and mini bikes driving among our licensed drivers on the street None ATV use is considered as a sport . So breaking rules and lack of consideration are acceptable behaviors. None These are designed for off-road purposes. Thrill seekers ignoring laws, regulations, other motorists and common sense. Oshkosh must come to terms with the fact that it has a terrible road use plan. The motorized bike, scooters, boards, etc. are cropping up all over. They are speedy. There are no rules enforced. Logical use of these modes of transportation aren't taught (like not riding on wrong side of street , or zipping into crosswalks without regard for auto drivers who are not expecting them to be there is common and dangerous.) Adding ATVs to this mix will just make it worse. There needs to be dedicated bike/pedestrian paths and bridges across Hwy 41 and the river to make all areas of the city available to all these transporation modes. Then you can include ATVs. But on our roads? No. Recklessness of drivers, and disobedience to speed regulations will Increase hazards for drivers of cars, and pedestrians and children. These are meant for fields. Not busy streets. I really don’t have any concerns. I feel they are safer than any E-bike on the road Safety of the UTV riders Safety of bicycles & pedestrians. Pedestrian accidents Increased accidents. ATV/UTV not designed Nothing different from an automobile to a motorcycle/street legal dirt bike. Always risk to be had with anything. Accidents and lawsuits Bike Would make Oshkosh look like a third-world hillbilly town see above comments! Parents will not take this seriously, and allow their kids to drive ATV/UTVs on city streets, resulting in unnecessary and tragic deaths. Happens all the time. Another nuisance vehicle to watch out for on the streets of Oshkosh Motor cycles impact the noise levels more then atv and utv does What toad tax would they be required to pay? More problems when we already have too many idiots riding ebikes without following any laws. OWI youth/kids riding operating Sidewalk use Increase of death ATV culture often involves Bars and alcohol. We do not need drunk and buzzed ATV riders. Driving around. pedestrian safety Child safety None Na Almost impossible burden on enforcement agency(ies) People under 16 using the streets No driver under age of 16. Must licensed driver traffic laws not being followed by riders. just look at how people ride the escooters and ebikes with no regard of the traffic laws. No concerns other than they should follow the laws and be licensed drivers of autos just like motorcycle riders Takeovers. They're going to start . Riding in areas outside of paved areas, loitering Accidents and kids driving them drunk drivers, under age drivers Speeding, unsafe for pedestrians None None Potential misuse if rules are not enforced. Right now in Winneconne, people can drive these anywhere. They don't look out for other traffic and also let their kids "move" them. Enforcement will be a huge issue. Right now the police have FAR too many issues that they MUST control, and they don't need an unnecessary addition to their workload. These open vehicle not designed for this usage should be liability insured to-the -teeth. Badging or frame numbers to be displayed identifying EASILY, casual look. Registered for road use = all my cars have to. Should not be allowed on sidewalks or walking biking trails. We have enough accidents with people not seeing motorcycles, this will just increase those accidents People using them not intended for their use. Kids messing around with there friends being destructive at parks, schools, in fields or peoples yards even. Those drivers thinking they don't have to follow any rules of the road. It would be a change for some people, but , with a little time would be no big deal. Cause more accidents. There will be more accidents and fatalities. SO MANY ADOLESCENCE CAN DRIVE ATV/UTV, AND HAVE EASY ACCESS TO THEM. HOW CAN IT BE KEPT SAFE WITHOUT RUNNING IN TO THAT. No concerns Rampant abuse by unlawful users resulting in more laws, there needs to be a one strike clause that prohibits law breakers from repeat offending. I forsee dirtbikes and banshees doing wheelies down 4 lane traffic in town. That will end all of this, and likely take the issue backwards. I ride a bicycle all around the city for errands and exercise A LOT. It is challenging enough as is between the traffic, inattentive and rude drivers, cracks that can swallow a bike tire, chuncks of concrete the size of a football (likely knocked out by plowing which never get fixed) and bike lanes placed on some of the busiest streets in the city. Adding ATVs/UTVs will only make it even more challenging to safely navigate our streets. None Lack of people following rules, but pretty simple fix. Issue tickets. There ya go, city is making money. No benefit as there are no trails in the area. If there was a trail system then I could see the benefit of allowing use on the roads as they do in northern Wisconsin speed and safety of pedestrians None No concern None Speeding, reckless driving, DUI, None None Electric bikes are already an issue and this would just be another to watch out for. I think it should be limited to SIDE by SIDES or UTVs with turn signals None. Bike lanes are far more intrusive while seldom used to justify their inclusion. they will want to maneuver between cars and not pay attention to flow of traffic This proposed initiative is counter to society's desire to encourage more healthy life styles that prioritizes non-motorized forms of recreation. Increased need for law enforcement . As you likely know the manufacturers of Atv / Utv s do not recommend use on pavement . If you read the WiDNR aTV fatality reports public roadways/ routes are a major contributor to Motorized recreational vehicle use in the state. Do you really want to burden OPD with dealing with this? None they are doing it all over the state of Wisconsin! Mixing these vehicles with cars and trucks is not safe. Morons 🙄 driving them Increased potential for accidents involving pedestrians, bicyclists, and mv operator; increased parking issues. None of the above young children riding in the street . More of what I saw this week were individual to avoid traffic when on to sidewalk cut across parking lot then back into the road actually I have seen this twice one with a scooter and then with a motorbike None Reckless driving that could cause accidents Drunk and reckless driving Carelessness. I see it even up north on the trails. Underage drivers. More road deaths Atv and utv are not meant for streets. Increased dangers for vehicular and more importantly pedestrian and bicycle traffic they wont follow any rules. just like they currently drive on the riverwalk almost pushing people into the fox river. why dont you care about that ? While I don't support licensing process, I do believe there should be a process of removing ones "right" to use one for multiple violations of rules set forth. This will increase traffic accidents, UTV ATV do not travel at the same speed as cars (they are slower) this will cause congestion this is a terrible idea rooted in greed. these devices, irregardless of modifications, are loud and dangerous. I write as a concerned parent and homeowner. I've lived in small towns which allow this and ATV and UTVs are both audibly disruptive and dangerous to young children. Increased crashes and fatalities Pedestrian safety Exploiting DUI laws and restrictions What you see in big cities where there are mobs of 4 wheelers acting a fool. Bad drivers. Drunk drivers. Driving near play areas. Accidents. people going off road People will not stick to designated routes. Safety for pedestrians on sidewalks More accidents due to reckless driving Inexperienced "tourists" driving unfamiliar "vehicles" on public roads they don't know potential for more accidents and the ATV/UTV users not carring insurance to cover the accidents that they cause. Danger to pedestrians. In the way of vehicle traffic. Danger to vehicle traffic None Hooliganism Enforcement Safety on steroids. This is a TERRIBLE idea! Currently nothing stopping someone with OWI from getting behind the wheel of ATV and doing the same thing. Driving on park trails, sidewalks, grass, putting everyone around in danger None N/A Crime increases, drug trafficking Drug trafficking Proper lighting and large enough turn signals. These are not designed for road usage. Drnks. ATVs will be used to cruise to taverns, no question. The City of Oshkosh should not be promoting or fostering an alcohol culture. In fact , the City should do just the opposite. What good comes from promoting drinking liquor? Terrible look for a city Alcohol use and open intoxicants. intoxicated driving, underage/un-licensed driving, more time our police are spending handling issues with ATVs/UTVs and not other issues None Accidents and death None Typical Oshkosh driver's that don't care what's around them None None, they are everywhere in most cities anyway. Lack of insurance & no drunk driving penalties that are directly tied to the WI drivers license. Don't have concerns All of the above None if done correctly Do you have any additional comments or suggestions regarding ATV/UTV usage on city streets in Oshkosh? Mopeds and motorcycles can ride on streets. Therefore, ATVs and UTVs should be able to as well. Just make them have lights, turn signals, and follow the same rules as cars and such. God please don't let this create fourwheeler herds like in Milwaukee. I think this is very elitist I can't understand why we would even want to consider this. I guess I would ask to see the "for" case to understand what could be gained. I would want to see proposed routes for where they would be able to be driven before I make an actual decision. We're not in a very rural area where these types of vehicles are normally allowed on roads No I'm all for having ATV/UTVs on the roads in Oshkosh as long as there are enforceable regulations on the drivers and their riders. I don't see any additional safety issues that aren't already present . None None I appreciate that you are asking residents about their opinions. Thank you. Not atv/utv, but electric scooters and bikes need to also get restrictions/regulations for within the city. There are understandable concerns over reckless driving by youth as already seen by the use of motorcycles, bikes, and electric scooters. Will cause more problems, more for our already overworked police to deal with. Please do not allow this! We already have a problem with scooters and such that go 20 mph or more riding on sidewalk. Don't need more problems that are not controlled by law enforcement or laws. I dont think we should have this on city roads. I think country roads where people have more land and utilize this to get to their private property or to UTV/ATV routes, but a means of transportation to a grocery store I think makes Oshkosh looks cheap and tacky- we are not the north woods. I do not believe it's appropriate having Council members stress the economical benefits of allowing ATV/UTV to visit City bars, thereby indirectly encouraging drinking and driving. Even if there were an economic benefit to this, which I find very much doubt there is, we should not do this simply because it is a terrible idea. There are already enough motorized options to get where you need to go. We don't need to add an essentially unregulated car that doesn't meet safety standards or noise standards on the road. This is an unbelievably terrible idea. I know we do want to be careful, but live and let live. Less regulation is better in some cases. These should not be allowed within city limits period. There is not reason to have them, and the safety concerns should be paramount . There are already safety concerns about electric scooters and bikes, do not escalate problems with safety by allowing ATV/UTVs in the city. This appears to be well addressed by the current city ordinance. This would hinder traffic and create an opening for reckless behavior. It feels heavily catered to a small percentage of the population, with an impact on a much greater percentage of the population. Please consider that many of us who live in areas that are not highly traveled often have these types of vehicles already using our neighborhoods for the quieter streets to zoom around. It 's highly concerning for safety's sake (those living here and the riders). We have a lot of wildlife and driveways with limited vision. Oshkosh already has a lot of things to consider being a college and event city and recent uptick in new comers from the real estate grab. We need to find a balance between offerings for folks and peaceful living. Thank you for putting this survey out! Should not be allowed It should not be allowed Could not be more against this. I have lived in Oshkosh for over 20 years and have seen an increase in reckless, driving and excessive speeding, also aggressive, drivers and road rage. This is the last thing we need. Maybe focus on the existing traffic issues and creating some guidance around people riding these scooters and bikes on sidewalks and city streets. That is an accident waiting to happen. I struggle to see the benefit of allowing ATV/UTVs on the streets. It seems like it would become a nuisance and safety hazard in short order. Flag or lights to enhance being seen. Don't allow it . Its a bad idea I would set an age requirement . That they atleast have to be age 16 or older to operate one on a city street . They should not be riding on the sidewalks either. Don’t do it I have seen an increase in people on these and electric scooters and they don’t appear to follow any lanes, bike lane, sidewalk rules. I have seen them cross dangerously in front of pedestrians and cars, and go wrong ways down streets. They are also much louder than cars which has been disruptive. In particular I have hear them racing at night down our city streets. I do not want these used in our city at all, but if they are, people need proper training, licenses, and need to obey the rules of the road to avoid dangerous situations. I think allowing UTV's and ATV's on ANY City roads, be it Oshkosh, Neenah, Appleton, etc. is extremely useless and ONLY would detract from those places being desirable places to live. If a place is desirable to live, people will come to visit ... not the other way around. Regulate the kids on dirt bikes on streets or the electric scooters before bringing 1 more thing in. Oshkosh is too congested and dangerous as is Thank you for your consideration to allow ATV and UTV use in the city of Oshkosh. The economic impact for business and the ease of providing transportation as well as recreation is great . UTV and ATV owners for the most part have a high level of respect for the rules and do not want to risk loosing those privileges. the approval of this will be a positive impact for the community. In response to the folks saying they are not made for use on paved roads, I beg to differ, that’s why they are called ALL terrain vehicles. Also as far as drawing tourism and lack of trails, there are literally THOUSANDS of ATVs and UTVs that utilize lake Winnebago every winter. Being able to get gas, soda, propane, lunch, bait , and more would absolutely bring more people in to town. Also in regards to crossing 41 and not allowing highway access, Witzel and 20th Ave are the only options regardless. 76, 21, 44, and 26 are all state highways. State law prohibits operation on state highways. Except for approved route exceptions. Don't allow them. Vehicles are designed for use OTHER than on city streets or sidewalks! These belong off road, that's what they were designed for. I think this is a terrible idea. I think this is a terrible idea. ATVs are not city vehicles Like many other towns in Wisconsin that allow ATV/UTV usage this could be a cool way to attract people to come to oshkosh for tourism and patronage of small businesses. Generally speaking a person who owns an atv or utv is someone who has the financial ability and means to purchase recreational vehicles and likes use that vehicle for fun. These people generally also have funds to spend at local restaurants and shops. This could also be beneficial to local shops that work on this type of vehicle like team winnebagoland or hexco. Even local tire shops could offer atv or utv tire services. In addition to the financial benefits of allowing these vehicles an added form of transportation would allow people to have more options to commute. Many utvs and atvs are much more fuel efficient than a single person driving a truck or suv around town which could be beneficial to the environment and lower demand on the local infrastructure. Most concern about reckless driving with ATV by people who are careless. I see people driving bicycles with gas engines and mini bikes off road only with no lights. They should never be allowed on sidewalks. I am not a fan of this ordinance/law though understand it might be a transportation for a limited few. I worry about show-offs using them for their fun. I have personally seen and heard of accidents, some severe, with these vehicles being driven by people of all ages. I don't understand why we should allow it within the city when there are plenty of places outside of town to operate. There are already users of ATVs and UTVs riding around the north side of the city disrupting traffic without any sort of enforcement happening. I think these vehicles and allowing these ATV/UTV on the streets doesn't makes sense and really works for more rural cities. This is a stupid idea. We are a large city, not countryside. Also, it's are dangerous. Who's going to police this? Our police have enough to do. This is a low class way to bring tourists. Motorized vehicles excluding cars are often used in an unsafe manner. Have almost been hit twice by motorized bicycles on sidewalks. Cars have the benefit of being driven by licensed drivers. Any yahoo can drive these alternative vehicles. I don't even own a UTV but I fully support this. We have a cabin near Antigo and our road is part of a UTV route. The UTV drivers up there are great . They pay better attention than normal vehicle drivers. Oshkosh is a big city. UTVs and ATVs should only be used on county roads or county highways. If the ordinance passes, PLEASE DO NOT ALLOW them on bike and walking trails (e.g. Menominee Park, Wiouwash, Terrell's Island, Hwy. 41 walk/bike path. No This makes zero sense to us. These “vehicles” should only be in rural farm areas to get between fields or in parks with trails. I believe that if these are allowed there will be serious safety issues. Bad enough the Townships allow along with the County - just waiting for more accidents and unnecessary deaths in the future These were used by hunters, ice fishing etc. we had an experience in the country where a man in an ATV pulled out of a Dutch right in front if us never stopping and looking fir another riad user. We were in a county road Small little towns can do this but Oshkosh is way to busy of a town to allow this! We have regular cars and trucks and motorcycles that don't know how to drive properly.....it would be a royal mess letting this happen!!! It would be great to take our UTV on quick trips to the store, to friend's houses, for ice cream, etc. I believe this is a great opportunity for our city. They are safer than motorcycles which we allow. They are safer than e bikes which we allow. It saves Money on gas and wear and tear on my vehicle. I feel ATV/UTV should be allowed to be used in the city but I feel the city of Oshkosh has taxed us that live in the city to death with all the other taxes and increased property taxes. I do NOT feel those that have ATV/UTVs should be taxed extra to use their vehicles. ATVs are proven much unsafer than regular vehicles and adding them to the roads will only increase congestion and issues with the ATVs themselves. ATVs are also often used to circumvent OWi laws as they don't apply to someone's driving record. enforcement is a must of any regulations. Please do not allow this. I strongly feel that allowing ATV/UTV's will increase the amount of impaired drivers on our roads. Growing up in a smaller town, my experience has been that ATV/UTV culture frequently involves drinking and my belief is that users have increased confidence/lack of hesitation to drive an ATV/UTV while intoxicated versus a vehicle. Motorized vehicles, including e -bikes need to be banned from using sidewalks. Absolutely no exceptions should be made for ATVs/UTVs. We shouldn't have to ask for the freedom to do something. Instead, we should ask if there is a compelling reason *not * to allow it . With proper lighting, the only danger to anyone regarding ATVs is individual operator/riders safety, which they assume the risk of when they get in. They aren't a hazard to anyone else. Seems to be a no brainer during the ice fishing tournaments. Would these be subject to the wheel tax? We are the Midwest . We need more time outside than on gaming systems this could help There is currently little to no enforcement on e bikes being used as motorcycles. Atv and utv use will create even more unsafe conditions for pedestrians and cyclists I think this is a dangerous precedent . I'm an avid cyclist and even with bike lanes in the city (which I don't use because of the danger from motorists who don't recognize them) this will add another element of concern with ATV/UTV on the roads as well. Riding out in the countryside on county roads is one thing, but riding within city limits will only cause problems. Drivers in Oshkosh have enough of a problem watching out for other vehicles, pedestrians and motorcycles and now we’re going to add more obstacles. More danger does not seem smart nor necessary in our town. I don't view ATV/UTVs as very different than small motorcycles or scooters. The City should establish comparable regulations. IF allowed, and used as a traditional mode of transportation, then all regulations that apply to any licensed, "street legal" motor vehicle must apply to the ATV/UTV. Would usage of golf carts be included in this potential change? They are commonly used in my neighborhood. I do not feel as though allowing ATV/UTV usage on city streets needs to be overly restrictive (which is typical for the city of Oshkosh), but should be some basic, common sense, guardrails. Items that come to mind is visibility at night , staying on the road vs. sidewalk unless otherwise allowed, not cutting through owner properties without permission, minimize "hot-rodding." Example, during EAA, my property is frequently used by people to cut across with their golf carts. I would typically have no concerns with this if they had the common courtesy to ask permission. I would think ATV/UTV usage for residents who may be in a slightly older demographic or have physical limitations being beneficial in their ability to navigate throughout the city. I think bicycle usage is not as viable a solution for many of those folks. Having designated parking spots/areas would probably be helpful at businesses where it logically makes sense (similar to designated motorcycle spots). We have neighbors that ride UTVs in their large yard behind our house - it 's loud and after hours you can smell the exhaust . It 's disruptive when do it late at night - I don't look forward to this increasing. -My opinion is that the Oshkosh Police Department is either too understaffed, unable, or unwilling to do an adequate amount of traffic enforcement in the city based on the increase in poor driving displayed by motor vehicles on city streets (speed, no turn signal usage, and the extreme increase in people extending yellow traffic lights to a point that they are going through red lights). Very infrequently, and far less than in years past , do I see OPD doing traffic enforcement on city streets. -We have seen an increase in scooters, e -bikes, and other modes of transportation using city streets. My observations are that many bike/scooter/e -scooter/e -bike/mini-motorbike drivers fail to follow traffic laws or are unaware that they must follow the same traffic laws while riding on the streets. OPD also appears to seldom enforce these types of violations. -Pedestrian violations also occur at a ridiculous rate and are seldom enforced, causing additional hazards on the city streets. Not to mention all the delivery service vehicles (Amazon, UPS, FedEx, Door Dash, etc...) that are being allowed to illegally park in lanes of traffic and anywhere else they want while making deliveries. -Until a higher rate of compliance with the laws and ordinances can be achieved related to the points above, introducing the use of ATVs/UTVs to city streets will add to the dangers that already exist while navigating through town in a "regular" vehicle. Many people these days have a "do what is best for me" attitude and don't have consideration for laws, ordinances, or other travelers. ATV/UTV usage on city streets won't help and will increase danger. -Enforcement is difficult for all non-traditional vehicles traveling on roadways. It is difficult to determine, without measuring or weighing, a 50-inch wheelbase or 900 pounds. Laws and ordinances that are difficult to enforce won't be enforced. I believe that is the reason e -bike/e -scooter violations are not being enforced. -Less important than non-compliance with laws and dangers that could be created... Within the last few years, Oshkosh residents were required to start paying an addition $35 tax on their vehicle registration. With the increase in bike/scooter/e -bike/e -scooter/mini-motorbike usage, and now the consideration of ATV/UTV usage on city streets, when will these vehicles be required to pay for upkeep and maintenance to the roads they use as well? -I believe danger, confusion, and the non-enforcement of violations that already exists with traditional, and bike/e -vehicles will increase if ATV/UTVs are added to the equation. An increase in tourism and economic benefits won't outweigh the additional injuries and property damage that will come if ATV/UTVs are allowed on city streets. The Oshkosh Police Department continually fails at even regulating the illegal use of bicycles and scooters. Why would anyone think that they could actually do their job regarding this matter? We already have jerks in our neighborhood racing around illegally on ATV/UTVs, and the OPD does not do their job and ticket the individuals. The scary part about this is that this occurs only blocks away from the police station. Sometimes, for fun, all of us neighbors watch the police drive around stupidly, not catching the individuals. Apparently, nobody has taught them the necessary skills to actually work together as a police force and do their job. None The city council would do will to spend time on the other business at hand in Oshkosh. Thank you for allowing citizens input . If they are allowed ! There should be a wheel tax just like everyone else ! As long as they are street legal with lights, turn indicators and driven by a licensed driver, I don’t see why they shouldn’t be allowed. Disapprove of this strongly. I am against having ATV/UTVs on city streets. ATV/UTV'S have no business at all on city streets, for any reason. They can be dangerous on city streets if people are not cautious! There's a reason other communities our size do not allow ATVs - we're a city. Ride ATVs in the rural areas ... there's plenty more rural real estate in Wisconsin and Winnebago County than there is urban real estate. Keep the urban area urban people need to be very cautious! I used to have rural property where ATVs and snowmobiles passed through; many were fine but most were loud, partying aggravation. I don't want that in Oshkosh. ATV/UTV use to increase tourism mainly applies to areas that are adjacent to wilderness and scenic regions. I can’t see how they would have any positive impact on tourism in the City. I can, however, anticipate incredible opposition to a new source of noise, hazard, congestion and the likelihood of abuse. Those vehicles are not designed to be used in city traffic, they are off road eans of transportation This is one of the most ridiculous proposals I have seen in years. I do not think they belong knany city raid. They are safer than motorcycles which we allow on the streets. They are safer than e bikes on the roads which are allowed on streets. Overall it is more economic friendly and would save wear and tear on vehicles. What’s it hurt by trying something new. Drivers do not even yield to bicycles in bike lanes properly. How do you really expect people to handle even more traffic appropriately?? We do not need atv/utv traffic in town. We are not a tourist town. We don't even have a beach destination for people to go to. This should not even be a discussion in Oshkosh. Biggest concern is safety. A car vs utv accident will end badly for the utv regardless of safety features. These accidents will occur just as car vs car does. Maybe the council should figure out the motorbike and scooter issue first before adding to the chaos. We are not near trails and this doesn't make sense Allowing these vehicles on city streets will lead to traffic fatalities Thank you for doing this survey! Limit it to no one under 25, so riders 25+ only, only side by side I really don't think that city streets are an appropriate place for ATV/UTVs. These were developed specifically as vehicles to traverse non- paved terrain in rural areas without infrastructure. I also cannot envision anyone actually choosing Oshkosh as a destination to visit/live or work simply because they allow ATVs/UTVs. The terrain in Oshkosh is flat and paved and there is no practical need for such vehicles within city limits. I would encourage the city's elected officials to think through this issue critically and look for actual data that supports/proves that this would significantly help the the City's residents and visitors. The sounds of summer are already impacted by unnecessarily loud vehicles - specifically motorcycles with enhanced exhaust systems. Adding to that cacophony does not seem like a way to enhance anyone's quality of life. Furthermore - as soon as there is a severe or fatal accident as result of this (and there will be), that negative PR and/or loss of life will far outweigh any short-term benefit of allowing these vehicles access to the Streets of Oshkosh. If this were to pass - then what is next ? Hunting in the city? Drone jousting? This ATV/UTV Access issue just seems like an incredibly ill conceived idea - with far more risks then benefits. No Please do not allow ATV/UTV traffic on Oshkosh streets. I have three reasons for concern. Please assess for yourself how legitimate that they are. One, traffic is not terrible in Oshkosh, and let us keep it that way. I do not want to keep a sharp eye out for one more thing while driving. Also, other cities have ruder drivers, but our town is not the nicest place to drive. My midsized car--going 0-5 mph over the limit--gets tailgated a lot and, occasionally honked at . Now, imagine an ATV rider in traffic trying to go the speed limit (ever see how moped people and e -bikers get treated?). Two, an ATV or UTV is a cheap substitute for a car. Therefore, I worry that the Sawdust City's young citizenry will be the main people operating the mini-rides on the streets. Perhaps, check studies of who generally owns an ATV. I am unsure whether the owners skew older or younger. Anyway, corny and fuddy duddy as it may read, we have an actual, serious problem with juvenile delinquency in Oshkosh. That is what I have both observed and, unfortunately, experienced. Beyond my personal experience, just examine the crime statistics and incident reports from Vel Philips and other schools in our town. We don't have the best young people, exemplary citizens, in Oshkosh, and we may not want to trust "Zoomers" to zoom around town likely endangering others and themselves such as e -bike users do on Main Street and elsewhere (read a recent Herald article). Three, Oshkosh residents may not want ATV/UTV riders--young and old--on the streets because Chief Smith and the Oshkosh PD practice a distinctly soft approach and prefer warning and counseling over arrest and citation. I have witnessed this approach at work, while lunching at Kwik Trip, at my apartment complex, while grocery shopping, at the recent EAA convention, and have read it reported in the paper. When summoned, Oshkosh cops are not strict and don't do squat beyond speaking to the person, especially for disturbances. Well, ATVs and UTVs are not toys, and I would prefer that , much as they may pout , operators must practice safety first--or get a ticket perhaps. Police, for whatever reasons, are unlikely to keep the roads safe, so I hope that local government assures that a dangerous situation doesn't occur in the first place. I strongly believe that proving ATV/UTV usage on city streets in designated areas is a GREAT idea! I have very strong safety concerns, particularly when children are involved. We already have far too many fatalities in this state related to ATVs. Dumb idea, going to have problem with e -bikes no Would the new regulations allow for full electric ATV/UTV(s)? We need better enforcement of our current traffic laws before adding another layer of vehicles. Motorized scooters should be banned from streets also. They don't follow rules of the road. This summer there has been a long term construction project going on a few blocks from our home. Each workday the construction workers drive a front end loader and a UTV down our street to the site. The machines are parked overnight the equivalent of 2 blocks away, and we can hear the UTV coming and going for blocks. When we are at a table on our deck, we must suspend our conversation until the UTV is far enough away that we can hear each other speak again. The UTV is much louder than the giant front end loader. Since these vehicles can be heard for blocks around, allowing them do drive on city streets would certainly disrupt the sleep and the quality of life of citizens trying to quietly enjoy our lives in this lovely city. Even with our windows and storm windows closed, we are awakened by the sound of this UTV. A very large attraction to living in Oshkosh is how quiet it is. Please vote No. Thank you for asking. A few days ago some ATVs drove back and forth down 16th Ave. They were really loud and I didn't see much safety gear I live on 9th ave east of Knaap and I have seen it all on this street , speeding, passing on left , too many parked cars causing blind spots at driveway, scooters,e -bikes and now you want to add atv's- that is a joke - Being a bicyclist who transports themself to work, cars are not paying attention to me. Will UTV/ATV users be attentive? I think developing trails or paths separate from roads/streets would be better. I believe this would be the worst idea Oshkosh could ever implement! The police let the snowmobiles and 4 wheelers go on our public roads during Battle on Bago tournament . They are disrespectful of traffic laws and are hard to see over parked cars. I think that it would be a dangerous situation. I really have no idea why Oshkosh is even considering this. We are a modern mid size city, it's not like we have trails or anything. If we were a small town I would be for it , or if it was for the town of algoma but not the city. Due to the open air nature of ATVs and the high rate of speed at which some of them can get to (up to 70 MPH for a utility ATV), the potential for accidents/death for drivers and passengers is already high. (26 fatalities in WI this year through Aug. 26). One of the main causes of ATV fatalities is alcohol consumption. Proponents of this proposal want it to be easier to get out on the lake for ice fishing. What do people do in their ice shanties? This is Wisconsin - they drink alcohol! So they’re sober on their way to the ice shanty, not so much on their way home after a day of drinking and ice fishing. Putting ATVs on city streets with large trucks and SUVs whose drivers can’t see an ATV because of their small size is a recipe for disaster. There are no helmet laws and few of them have seat belts, increasing the risk of injury or death even higher. Because there is no licensing necessary to drive an ATV, someone who has had their driver’s license revoked or who is too young to obtain a driver’s license, could hop in/on an ATV instead and legally drive on our streets. I see that as a bad thing - don’t you? It’s already hazardous to be a pedestrian or bicyclist in this town - now you want to add another motorized vehicle into the mix? There is no way the economic rewards outweigh the safety risks in this proposal. It’s a stupid idea driven by those who put monetary gain over common sense and the safety of our citizens. ATVs/UTVs do NOT belong on our city streets! I am generally opposed. While I understand motorcycles and bicycles are also on the road, we do not need more congestion with ATVs and have significant questions regarding their safety and use. no The dealbreaker for me is if they are driving the UTVs/ATVs intoxicated the DNR handles it and not the Police? How many DNR people are in the city of Oshkosh? I can't see that going well, or people with drinking problems using these to skirt around driving a car and end up hurting someone with minimal legal ramifications. We are not a unincorporated village or small town. I see no reason why this should be allowed. It seems that the negatives outweigh the positives. Should not be allowed to operate in city limits, it's already happening with no enforcement . If allowed, will cause more problems. I don't see a need for this and it seems like it could add to additional accidents. Please no I've seen other cities inside and outside of the USA allowing ATV/UTV usage and it seems to work without issues. I think we should allow it all the towns around us do ATV drivers can't be much worse than some of the horrible drivers/speaker on the roads now , but should only be allowed in very low trffice areas. Regulate and give a clear path of expected routes that they can use. I am an outdoorsman, but do not own a UTV. I cannot fathom a reason why we need to allow this within city limits. The risks are plentiful and I truly don’t see a reward. The need isn’t there. Terrible idea Access to our community would revitalize a welcoming component of success for patrons and citizens. I don't agree that we should let ATV or UTVs on city strets This isn't a small tourist town up north. We have no ATV/UTV trails outside of our town. We do not need more traffic on our roads. Especially not mother vehicles meant for trails. N/a If that important , build a new separate trail system for them. Not city streets!! As long as they're not on busy roads (e.g., koeller) or driving unsafely, I don't see the issue No Please also do something about the increasing use of motorized bicycles on city streets and sidewalks. No I would vote no. I live in the 1400 block of Menominee Drive. I watch daily vehicles driving at excessive speeds. To add ATVs and UTVs will surely create additional hazards. Then too, they should not be allowed on the Menominee bike trail. E-bikes already create a hazard to walkers and other bikers on this trail. Drunks using them to got to bars may be able to evade police by going off road Bad idea, let’s move on We have plenty of trails for ATVs. They do not belong on city streets. We have enough ebike and car traffic without adding more. I would be very much against this. Do not approve. Keep the ATV to off road g like they were intended for. Neither strongly for nor against . I'm sure they might annoy me sometimes, but then, many things annoy me on occasion. If most folks are cool with it , it's okay by me. The police can't enforce the current traffic laws for vehicles, so they wouldn't for ATV/UTV. this is a disaster waiting to happen.. Allow ATV/UTVs on all streets. UTVs & ATVs need to be treated separately. I'm OK with licensed drivers in UTVs. ATVs should be restricted to special areas or events. There are too many "things" on the road now, this will only add to the mess we have It is the dumbest idea to bring ATVs and UTVs usage on streets in Oshkosh in the city!!!! Half of the people driving around town as it is don't pay attention because they're always on their phones and now you're going to add these little machines to streets driving around with big vehicles this is the dumbest idea that has anybody has ever brought up!!!! This idea brings more bad than any good. I do not support the use of ATVs/UTVs on city streets. This is a terrible idea. Keep ATVs/UTVs OUT of Oshkosh!!!! I feel strongly that a drivers license should be required, insurance should be required to operate on roads just like vehicles, and license plates required for ID when necessary. I believe safety far outweighs all other factors. I dont think it should be allowed. ATV/UTV should be for recreation on trails only. Allowing those on city streets for transportation is just asking for more accidents in the city. Drivers already are distracted enough and dont need another thing to lookout for. It's about time we have the freedom to move around this community on a practical, safe and environmentally safe vehicles. We should not prioritize economic impact over public safety I am opposed and do not wish to see it allowed I think this would be a wonderful addition to our city! The usage of ATVs/UTVs on city streets will only add to the already safety and imprudent usage of electric bikes, scooters, and boards. Currently electric scooters are not allowed on sidewalks but we are considering allowing ATVs/UTVs. We need to look at the rules of all alternative transportation wholisticaly. Many other cities nearby have adopted good practices and ordinances successfully. No need to reinvent the wheel. Designated routes, signage and speed limits this can be a positive experience for the city. No I think this is a bad idea, and will lead to increased traffic accidents and harm, and drunk driving. I do not see how the benefit of maybe a few more tourists would outweigh the negatives. I am concerned for the safety of motorists, bikers, pedestrians and users of all varieties of transport(e -bikes, scooters, atv/utv, motorcycles, mopeds). There is already a lot of traffic and congestion on our streets with safety concerns amplified with speeding, distracted drivers, texting while driving, etc. Added to the draw bridges, multiple road construction sites and roundabouts, The addition of these vehicles will only cause more congestion and complications and potentially more accidents. You will have to decide if the cost vs benefit of this change is worth it . I for one don’t think so I do not think driver's license or seat belts, helmets, etc should be required for elderly, disabled for scooters or electric wheel chairs. I do think children on ATVs need to have at least helmets if not also seat belts. I think kids should have adequate training on ATVs before being allowed to use them. I want elderly/disabled to be able to ride on the sidewalks, but not ATVs for sure and still not really clear on UTVs. I am getting very concerned about the electronic bikes around lately and how fast they are riding them. And the reckless kids and young adults on those electric scooter things - they don't obey the rules of the road and are very reckless, and it is really hard to see them sometimes when they go so fast or come off the sidewalk or a driveway like a bat out of h---. Very dangerous! No. Just hard no. Look at e -bikes next . There are bikes being ridden around that surpass the limits of DMV moped exceptions. If they had a gas engine, they would require a motorcycle endorsement . The means of propulsion should not matter. Limited to 25 MPH or less, they should still require a drivers license unless they have a speed akin to a pedal bike. Powered bikes or any bikes (for teens/adults) should not be on the sidewalks period and it needs enforcement . They are motorcycles, quite literally. No one driving a car is expecting something to come through a crosswalk at 25 mph and it creates an unreasonable risk for riders, drivers and pedestrians. I’ve almost had my dog killed by someone whipping around a blind corner at speed. You need to solve this before you waste time on considering ATVs. We’re already having enough problems. This shouldn’t have been an issue to deal with right now. Should NOT be allowed on Oshkosh city streets. We are not the the kind of area that has ATV/UTV trails near the city, Allowing them in the city would not bring in any tourism dollars. Where else in Oshkosh would they ride them? No one would truck these vehicles into Oshkosh just to ride around the city streets. People that have these want to ride trails that are in a country setting. I believe that if this is allowed, Oshkosh is goin to see, more accidents, more noise complaints, and more damage. This should NOT be allowed, Oshkosh is not a recreational city! No These vehicles were created for use "off of a highway" not on city streets where use can cause damage to both public and private property, hazards to pedestrians, bicycles and other vehicle traffic and require additional law enforcement . Because their current use is mainly for recreational purposes off road and within a group (not all but most) adding this type of traffic within a city is a recipe for disaster. Current recreational culture often includes alcohol use. These vehicles are designed to travel over rough terrain and exceed speeds of 25 mph which will cause dangerous situations for users of any transportation arteries within the city whether roadway, sidewalk or 'bike path'. I would much prefer golf carts on 'bike paths' and the creation of such paths as these carts travel much slower and cannot be driven over rough terrain without damage to the vehicle. Many other metropolitan areas allow golf carts with appropriate restrictions. Creating multi modal transportation arteries within the city is favored over allowing certain currently restricted vehicles access to promote tourism. Is this the type of tourism needed? No it is not . Improved public transportation and multi modal arteries are a much safer form of encouragement for tourism. No one has given citizens a full, sound reason why this should even be considered. Will more officers be needed? I expect so. I'd rather have officers work on drugs and gangs and murders than trying to police ATVs. Or traffic speeding and vehicles without mufflers, etc. What is the benefit of having ATVs on our streets? I would argue it would benefit just a very small segment of the population rather than the whole. Of course, Oshkosh would get wheel tax income I assume because they would use roadways, but that 's not enough to offset the costs. ATVs on our streets and in our neighborhoods would be noisy and would make Oshkosh seem like a rougher city. I just think this is truly a stupid idea. I'd rather Oshkosh focus on beauty and culture than ATVs racing around. I doubt very much that ATV usage would be controlled, no more than traffic laws or scooters. And, please get the scooters off sideways and the trails. It's dangerous for elderly pedestrians and little kids, especially when they go fast . It's very disappointing that a number of city councilors already announced support for ATV/UTV use in the city, before the issue has even been fully vetted. Please do your due diligence and research some of the awful problems that have occurred in cities that allowed the ATVs. The very minimal tourism boost has to be weighed against the REAL dangers that such vehicles bring to a city. We don't need more loud vehicles on our streets. It's noise pollution. There are already to many loud cars, trucks, and motorcycles. In my experience, a majority of the people who drive ATV/UTVs have a general disregard for the rules of the road. It is unnecessary to allow ATV/UTV's on the roads. This effort distracts from existing City issues including neglected infrastructure and homelessness. Allowing this would be a welcome lift from an unnecessary restriction. I just hope you charge them with a wheel tax like do everyone else . still waiting for the roads to be fixed with all the money that your getting for this wheel tax. As an ATV enthusiast , I love the idea. But , I do not see the utility in allowing it . There are no route connections in the city, so not sure why someone would want to ride in town. If this passes, cool. But , please don’t limit speeds to other than vehicle speed limit . In my experience in the northern counties, that causes congestion. OPD needs to start enforcing current regs on bikes e -bikes and scooters. Huge liability if hit as they do not follow any rules. Regulate like motorcycles Don’t allow this to go through. People are horrible drivers and it’s only gonna be a recipe for a disaster and if the city does pass this, anything that happens to the people that are on the ATV/UTVs the city councilshould have to front the bill out of their own pockets for the funeral or other damages. they should never ever be allowed on city streets. They are intended for use on trails. Do not want Maybe we should allow anything that moves on our streets. They should never be on dis walks and walking trails. Streets would also be far more dangerous so I would drop the entire idea. There have been three or more motorcycle death in Oshkosh in the past two or so years. I fear that there will be more with these types of vehicles. I lived along the Wiouwash Trail for many years. The e -bikes, arcs and other motorized vehicles, not all legal there, some traveled at high rates of speed, frightened families with pets and children, were noisy. and annoying. This type of behavior could also happen on city streets. Absolutely against this proposal. Every ATV that I've encountered is incredibly loud, even with a muffler. We already have a noise problem in the city because of heavy motorcycle traffic in some areas. We do not need yet another source of noise pollution. Even with many restrictions, this seems very difficult to enforce. Are residents expected to call OPD every time they hear an ATV without a muffler? Every time they hear one late at night ? Every time they notice someone joyriding through their neighborhood? How quickly will they respond to these complaints? I suggest that ATV & UTV only be allowed on trails NOT on city streets! No additional comments. I am concerned they wii be like bicycles..they need to obey traffic laws.. Is there even enough interest in this? It's highly unusual for a city of our size Don’t do it your asking for trouble the same with e -bikes. Suggested: No double lane roads; No roads over 25mph posted speed within city; No sidewalks/ walking paths. do NOT allow They absolutely should not be allowed on sidewalks (except for snow removal). I have no problem with them on designated country roads, but not in the city. Let’s Ride! This not a small community surrounded by farm and rural areas like Winneconne or Omro. There is little connection from offload trails to Oshkosh. We already have enough problems with unlicensed and uninsured people riding electric scooters and motorbkes. Also many gas engine minibikes with no lights or even brakes being ridden on streets and sidewalks by very young minors. None of these folks understand, much less obey, traffic signals or traffic laws. It makes zero sense to allow more non automobile traffic in town. DONT ALLOW IT!!! Allow them on designated streets only and NOT bike paths, sidewalks, or park trails. The cons FAR outweigh the pros for this proposal. Do not allow ATV/UTV use for recreational purposes in the city. Absolutely not ,,,,,i There are no trails contacted to the city streets and I see no reason an ATV/UTV owner would have to drive on the city streets. We do not need ATV/UTVs allowed in city streets. They are not designed or safe to use on our streets. Nothing at this time Atvs in the country and in the suburbs where there are cul-de -sacs are understandable however in the city of Oshkosh this is a recipe for disaster. There are many other options for transportation, must have a driver's license and age restrictions. I think this is a poor idea. I have personally seen the results when head hits pavement , and it’s not pretty. Since there are no trails in Oshkosh, I see no need to allow off-road vehicles on our streets. Very much opposed not needed or wanted Should not be allowed. We have enough issues with the e -bikes we don’t need more vehicles being driven recklessly on the roads. No This is a bad idea. There are way too many people in the city to be allowing this kind of transportation. There are numerous other transportation methods such as E bikes. These are toys not real vehicles. Have it for emergency winter transportation. Approving ATV/UTV use in city streets will be the biggest disaster Oshkosh has ever created. Our streets will be FILLED with young adults abusing the privilege creating havoc and accidents, drunks using them as a “loophole” around restricted automobile use, and other general mischievous activities. Not saying that’s what all ATV/UTV owners are like, but I’ve seen how rowdy they get when I’m up north and trust me….a city has NO place for them. That said, I love ATVing and I believe there’s a place for them. Just not here. Whose bright idea was this?? Wasn't a child was killed on one last spring? Thanks for asking. The need for headlights, taillights, brake lights, signal lights, and licensing just like any other vehicle on the road. Obeying traffic laws, not just zipping around like the scooters & e -bikes. our streets are designed for cars, approved trucks, buses, etc. not ATV/UTV we do have bike lanes, now do we need to consider ATV/UTVs lanes. Wheel tax? speed limits? Sorry, but I don't like the idea. Let them on our streets! It will help local business during certain times and it will bring in tourism and it will be another way for people to get around other than a $16k vehicle Seatbelts for ALL passengers must be enforced. Poor usage of law enforcements time chasing kids on ATVs. The scooters are (already) an issue on Southside. It is supposed to be 16 and older, middle and elementary school kids are driving down 15th Ave at breakneck speeds. Poor investment in community adding to traffic congestion. Strongly object it should be very restricted with limited routes This is possibly the worst idea Oshkosh has brought to the public. The manufacturers' safety literature makes clear that ATVS/UTVS are not for road use The ebikes are going faster than traffic on the sidewalks causing a safety issue, ATV/UTV's will be just as bad. These were never made for city use. Our city streets are valuable to everyone in the city. Will the ATV/UTV users pay a wheel tax or how will they pay their share of the upkeep of our roads? Nothing is free anymore. Unless the OPD starts increasing monitoring traffic and actually addressing the very concerning driving behaviors going on this is a hard no! We're already having issues with Ebikes and electric scooters. Too many tragic accidents happening in the community now. N\A Allowing these on city streets is unnecessary and would create multiple safety hazards for both the ATV/UTV operators and standard vehicles...as well as pedestrians and bicyclists. This is NOT a rural community where one could argue about potential "benefits". A bad idea all the way around, and a distraction from the other issues facing our community. Do not approve let them go to trails in the country. This is a city....we have enough death of people dying from motorcylce accidents in this city Please keep these vehicles where they belong, not on city streets. I don’t feel there is a necessity for ATV/UTV usage on city streets. Allow ATV/UTVs on city streets. I do not want to see ATV/UTVs on our city streets. They are a danger to themself, pedestrians and other vehicular traffic With the problems of electric bikes riding where they want , with no regard to traffic laws... What kind of moron on the city council thinks this is a good idea? We have too many drivers behaving aggressively; we already have noisy traffic, and drivers running stop lights/signs, and speeding. I also don't see much being done to deter these violations. I cannot support something that will add to these problems, and I really do not see how this will attract tourism - it may actually discourage tourism as it would make our streets less friendly, our noise pollution increase, etc. I believe people driving such recreational vehicles will be rather careless about the traffic laws, just by the nature of the vehicle they are driving. PLEASE do not cave and allow these on our city streets! Should not be allowed on sidewalk unless plowing snow Definitely one of the most stupidest ideas this city has come up with. Stop while you're ahead .. this town is going downhill fast and this will just increase the fall of it . Not so much for atv/utv, but something needs to be done about children on motorized scooters or dirt bikes on streets. I’ve seen several near accidents in my neighborhood. I don't not believe use is beneficial in any way for a city the size of Oshkosh. Unsafe There is already trouble with the mufflers and sounds of bikes that are not policed. I do not feel that ATV/UTV’s should be allowed in the city of Oshkosh the city is to big and these off road vehicles are not safe enough in order to allow them on the public streets. there is nothing on them to keep the drivers and passengers safe in the event of an accident there are no airbags all there is is just seat belts which work to a point but it’s not enough. Open the wiawash trail up or get the railroad to allow use of the abandoned land I don't mind having ATV/UTV on the roads as long as they stay on the roads. I feel they should not be allowed on sidewalk or bike paths as it could endanger pedestrians! Don't do it . Does it matter? Its not like the current rules are even enforced. Open ALL streets We should fix the ebike situation before we add this or do it together. I strongly oppose this, it’s a silly idea, just avoid the headache and stop. Must have strong showing of speed limits and allowed road signs posted so no confusion or excuses arise Look at the western states this increases tourism and local business opportunities. With winter not having the ability to utilize snowmobiles this will help impact businesses year-round versus 30 to 60 days. What a great idea to bring more income to the city. Hard NO You’re nuts it you approve this None Absolutely not!! Not safe!! These are for the country fields ! Dumbest idea I ever heard I don’t believe the arguments in favor of the ordinance are valid…..people can drive ATV’s to taverns….REALLY?. Increased Tourism….REALLY? Economical impact …..REALLY? Oshkosh is too big to allow on streets, there is already too much road rage and reckless driving on our streets. Lets not add these machines with reduced visibility. They belong on trails in the country, not on city streets. There is a place for them and the city streets is not one of them. Opening the city of OSHKOSH will bring not only economic impact , but increase alternatives in transportation for many the can be at a more responsible cost . OSHKOSH is a city known for its events, family activities, community sharing. ATV/UTV operating with in the city will draw people to the area instead of leaving them outside of the boundaries! Let's move forward, because the fears that many people claim have not been the results across other areas in Wisconsin that have welcomed this family sport . This is possibly the dumbest thing the city council is wasting time on. Get back to work on something important . I can not see any benefits to allowing these types of machines on city streets and there are several downsides to it . That makes it easy for me to side NO on this issue. Unless someone can come up with a good reason to allow it , it seems silly to change the laws. Allow UTV’s only, NO ATV’s. Make Oshkosh great again Not the place for them in the city. People understand this when they purchase them. UTV are larger than a Smart car. Safer than a motorcycle. There no benefit to electric scooter and Oshkosh approved. Oshkosh is letting progress of transportation stop if not approved. Let Oshkosh grow. Wi Dells is so busy and ATV are allowed. Should not be allowed. No routes or trails that lead to city that need the to be used with in city limits If you’re looking for tourism then work on our bike trails and paths. Pave the Wiowash all the way from Oshkosh to 41 and make our downtown bike friendly. That’s so untapped and the potential is vast . I do NOT support the use of ATV/UTV on any city street or property, with the exception of limited use for snow removal. I think it would be a great idea to have ATV/UTV on the city streets in Oshkosh. Unnecessary and will become a nuisance. Don’t create crazy rules that . Would create an island for usage from outside riders None ATV/UTVs serve no purpose in a city and should not be allowed. I think they should be aloud in the country not so much on the city streets there’s really no reason for them on the city streets just county/country rds Allow for plowing Until the city can enforce the traffic speed on 20th Avenue, I don't believe we should add more vehicles that potentially would ignore speed limits. To be considered as motorcycle users but for year round. ATVs and UTVs are not appropriate nor necessary for transportation in a City the size of Oshkosh. In small rural communities, it is a totally different story. I don't Another form of tax revenue I believe it would be a great option for fishing lake Winnebago in the winter rather then taking up precious space near launches. ATV/UTVs are financially accessible (easier to buy than a car, and no laws to require insurance or licensing), and there are not restrictions in who can buy and drive them. They are dangerous in urban settings (think about how the e -bike riders fly around everywhere - at times faster than cars on our sidewalks and trails - e -bikes are BAD enough!),. ATV/UTVs should not be permitted at all within the city. I had a run in with an ATV/UTV driver in Menominee Park on the trail during Sturgeon season. I was walking and the driver was not paying attention - nearly hit me. I cannot imagine letting ATV/UTV owners have access to streets and pedestrian spaces all year. I say NO to any ATV/UTV use in the City of Oshkosh. And I use to own an ATV - when I lived in the country with 60 acres. No need to have that machinery in town. Police struggle to enforce loud and speeding vehicles and motorcycles now, how will they enforce laws on UTV’s also I’m from an area of the state where ATV and UTV access is more or less unrestricted. It works because it’s very rural. Having them on the streets of Oshkosh would be a completely different challenge and I don’t think it’s a good idea at all. We already have a problem with people drag racing down hwy 45 south of Ardy & eds I worry this might make it worse I think they should open up the city streets because it will make it easier for the ice fishing season and hunting season not to mention the tourism it would attract There is only one route from West of 41 that doesn't involve a roundabout . During EAA, ATVs and UTVs would add to areas where traffic is already congested. Many communities are following suit and allowing atv/UTv’s and they are not seeing the perceived issues. Please follow DNR guidelines for usage to maintain consistency. Where is becomes convoluted is when laws conflict with each other. DNR laws address safety equipment , noise limitations. Drivers license to ride an atv is overkill… you must take a DNR safety course already so safety is covered. 1 or 2 crashes are bound to happen… compare that to the number of car crashes in a year. I think this is a really idea Standardized hand signals for ATVs and other safety concerns should be taught for public safety Will need to ensure they are not permitted on sidewalks or other non street travel ways. The rules the way they are are fine. Snow removal exception is great and we should keep it to allow ATVs to clear snow. Allowing them on the roads in the city would cause a lot of issues. Speeding is alrwsy and issue with cars. Don’t add more vehicles that people like to zoom around on dangerously. As a utv owner that has been to multiple states and road in some large cities, there is no reason Oshkosh couldn't open up all streets with no problems. I work in Oshkosh . The accidents are ridiculous because so many are on their phones and you want to add ATV/UTVs? Ludacris! I live in a rural area and own a UTV. We dont want to ride in cities. At all. We want trails in the country. Additionally, parking downtown is awful and you want to add off road vehicles? Just stop the madness and focus on reducing the homeless population and the vast increase in crime that the prison has brought to the community. Winter season having lake Winnebago and rural travel to nearby township reasonable to have! I have great concerns allowing more vehicles on our roads. There are already issues concerning other vehicles using our roads that need to be addressed before something happens (bikes, electric bikes, electric scooters, mini bikes, etc.) that are buzzing in and out of traffic, speeding, nearly running into others, not having lights in the evening hours, not showing concern for others on the roads except themselves. Possibly when these issues get resolved, talk of allowing ATV's on our roads can be discussed. I feel for our police officers who have to deal with all these issues, as there are very few laws these other vehicles using our roads have to abide by. And when something does happen, whose fault will it be - most likely the driver who is just trying to figure out where they fit on the road with all these other modes of transportation. I just dont think it is necessary. I think it would be a great way to get more people in our downtown area so they could visit restaurants, bars, and stores. Don't allow them on streets in the city of Oshkosh. I think the costs of allowing ATV/UTV usage on Oshkosh streets would greatly outweigh the benefits. In addition, I think the costs would spread out to a much larger group of people in the city. The benefits would extend to a relatively small group of ATV/UTV users and perhaps some local businesses. Allow I dont live in oshkosh anymore but grew up here and still work here. I currently live outside town where I can ride my machine anywhere. I take it to dinner and the store shopping very regularly. I disagree with limiting to specific roads. It should be all roads. If passed I would end up driving mine to work in nice weather same as someone would a motorcycle or a sports car. As far as safety concerns we legally have to have head lights and brake lights. Utvs have full roll cages and seatbelts so they are actually quite safe compared to motorcycles The noise pollution is my big concern along with safety. Neighbors have been riding ATVs around their house, racing down the street , letting children use them and for hours at Time. Would this allow or cause confusion for golf carts? Basically did they do not belong on our roads. I can see them in rural cities with very little traffic but a city lake Oshkosh is too busy and ATV should not be on the roads. I've seen the damage these vehicles have done in areas north of Oshkosh. Too many deaths have occurred to youngsters who were driving them with parental permission or lack thereof. It would be a learning process for both sides. I don't think it will add a significant amount of traffic. Have a couple year trial period. My car is still more comfortable. Seems dangerous to me! What is the rationale for allowing ATVUTVs to be driven on city streets? Why is this even being considered? All for it! Definitely have age limits Helps support local businesses as in Hexco Motorsports, small mom and pop restaurants, I think there should be limitations on what can and can’t be done All you will see is another source of $$$$$$ to wring out of people. We are not allowed to do anything in this city without your grubby little hands in the cookie jar. Remember, Elected By the People, Working For The People Arguments that ATV usage will increase tourism do not make sense to me. Suggested regulations sound cumbersome to enforce. Road safety for car and bike users, and pedestrians, could be compromised. It’s simply not necessary. This is a city, not some small recreational town. Public transportation is available. A UTV is a lot safer on the road vs an electric scooter, electric bike, moped., heck even a peddle bike. You can see a UTV a lot easier. Most are like a small car. How safe are those big three wheeled scooters compared to a UTV. I feel this city is gonna have more problems and property damage if this is allowed. Too many people drive recklessly around this town already with cars, trucks, and motorcycles with hardly any police presence in some areas. The noise ordinances arent enforced with vehicles already and that will be an even bigger problem. Limiting ATV/UTV speed limit to less than traffic speed will impede traffic, when they are capable of going the same speed. The safety stats show that there are less accidents per 1000 vehicles than motor vehicles. They are safer and quieter than motorcycles. We need to worry about e -bikes and e -scooter laws first before ATV/UTV laws We need laws about e -bikes and e -scooters first . Oshkosh is too large and urban to need ATV/UTV access in town. If it is permitted, it needs to be clearly defined and heavily enforced. Must ensure no conflicts with bicycles or pedestrians (no sharing trails). No reason for access to central part of city/downtown. Not a good idea for the citizens of oshkosh UTVs have roll cage, seat belts and directional - a moped is legal and is much more dangerous for the streets There are plenty of county paths and streets available to ATV use. Traffic and pedestrian concerns are obvious. The current raising of taxes on the City residents is a HUGE red flag. The adding of unnecessary expense to enforce this is unwarranted. From rural experience the use of ATV is a way to move tavern to tavern thinking they're not "really driving" ATV's laws are enforced by the DNR, this cannot be possible in City limits and adding police to enforce is simply a COSTLY BAD IDEA. No city the size of Oshkosh has approved this. Stupid idea! Should be rural only. I am neutral about allowing ATVs/UTVs on (some) city streets, but do not want pedestrians to have to share space on sidewalks and bike paths. If implemented large fines for noisy exhaust should be imposed. We've had ATVs and a UTV in years past . There is no good reason for them on Oshkosh streets. There are no trails through the city or near the city. Traffic moves too fast for them to be operated safely. It makes sense to allow them in some communities. Oshkosh is not one of them. I live in Omro but work in the city. Having an alternative mode of transportation would be great . My UTV gets better mileage than my vehicle. I do not understand why Oshkosh is considering allowing ATVs and UTVs on our city streets. This is not a good idea. Oshkosh traffic is stressful enough with aggressive drivers and people riding bikes and scooters who dont follow traffic laws. Not to mention motorcycles speeding up and down our sidestreets. This would only increase the stress for drivers, which could cause increased accidents and injuries. Why are we even considering this? Horrible idea They were made for off road use and should stay they way. City streets are not for ATV’s , golf carts, lawnmowers, etc. We are a city of 60,000 plus. We are not a small town in northern Wisconsin where allowing the use of ATVs is beneficial. We have a cottage in central Wisconsin and they just allowed the usage. Even though they have several restrictions, there is not enough police patrol to monitor the roads. Resulting in alot of abuse of the restrictions that were implemented. Not so sure you need a helmet do not to have them on city streets People are already riding in the city illegally especially in the winter. Business use them to clear snow. Ice fisherman use them to access the ice. Making that legal would be a game changer. The industry has changed, the 4 wheeler has become obsolete. Most riders are on a UTV which is much safer and many are like small cars. They are safe. This also would make Oshkosh a destination for riders being the first city of our size to allow riding in the city. An ordinance represents an amazing opportunity for our community. It only makes sense with all of the other communities allowing access to follow suit . Larger cities than Oshkosh allow it already in other states and it offers many great option for increased revenue in the city of Oshkosh. I do not think they should be allowed in any capacity in the city limits of Oshkosh. It could be dangerous for those that walk, drive, and use bicycles and will only add to already congested roads. What would this mean for parking as well? Do they use lots or park on the street ? Many of our roads are already filled with noise from various trucks, semis, motorcycles and cars that often create loud vehicle noises on purpose when driving. Please don’t allow ATV/UTVs on city streets. Please The city roads are bad now. ATVs are under DNR regulations, Not DOT licensing. You get NO road repair revenue from ATV usage! There will be damage! I don’t think that our city is connected to enough atv/utv trails to make this worth looking at . I think it is likely to cause more safety, noise and congestion issues. This isn't worth doing; there aren't enough ATV/UTV trails to justify this change, and it will lead to more accidents, noise pollution, and headaches for the residents of Oshkosh. ATV/UTV are smaller and thus less visible leading to potential problems in round abouts and intersections. Based on current lax enforcement levels of e -bikes, scooters, etc. driving unsafely on sidewalks, and the amount of motorcycle and auto "cruising" through my neighborhood without any police enforcement , especially at night , I don't want any more vehicles driven by inexperienced or uncaring people, on sidewalks or streets in the city. Legalize marijuana Please, under no circumstances allow UTVs on sidewalks and bike paths. They are too big, too fast , and too damaging to infrastructure. ATVs make sense on sidewalks in a snowplowing capacity, but should not be allowed there recreationally. And no ATVs on bike paths, again too fast , too big, and too damaging. The damage these do to gravel paths is well documented, and we already see the burnout and skid marks from souped up E-bikes. People go for walks and bike rides to get outdoors where it’s peaceful and nice, and having to dodge these will be antithetical to everything we want with sidewalks and bike paths. Oshkosh is too big of a city to have ATV/UTVs on city streets. The safety concerns alone should prohibit them. Used correctly it is a nice option. Especially winter enthusiasm. - I think as well as the steers we should consider trying to make a trail system possibly even in the future it could expand into the county and lead to more tourism and businesses. It's a bad idea. They don't meet HMVSS and by evidence of electric scooters and bike will make the road even more dangerous I don't believe ATVs should be driven within city limits. Compared to rural ATV street usage, city streets are much busier. Seems incredibly dangerous. Heavy fines for undesirable atvers/utvers not following the rules No operator/passenger can be allowed to buy/have alcohol when using an ATV/UTV on city streets. I do not think that ATVs should be allowed on bike paths at all, at any time. Very dangerous and sound not be allowed on n a city there are trails for these vehicles. I think they should be treated the same as motorcycles and should use traffic lanes just like all other motor vehicles. The potential for more customers to ride to Kris Larson's restaurant is not enough to convince me this is beneficial for the community. Seeing atv’s drive on country roads should be a big reason why they shouldn’t be allowed in the city. Many times these drivers feel like road rules don’t apply to them. Why is the city of Oshkosh even considering this? Why? We already have motorcycle's using city streets for racetracks and electric scooters and bikes that ignore rules of the road. Adding another unnecessary mode of transportation doesn't make sense. Most people with UTV/ATV already have a vehicle to use in the city for transportation. Why isn't more attention being paid to the crotch rockets starting on Murdock going down Vinland at speeds around 100 by the time it travels 600 feet . The time to consider adding another mode of transportation is when other reckless use of wheels is controlled. Do not consider the usage the ATV / UTV. To use these vehicles is unnecessary and dangerous. Very bad idea in any city the size of Oshkosh. The potential for misuse is too big of a risk. City streets are NOT for ATV/UTV's. There is zero tie in to any trail system so I don't see a benefit to the city or it 's businesses. The noise level in the city is already outrageous. As a resident , there are many, many times traffic noises prohibit talking or TV viewing with windows open. There's enough noise pollution. There's a real safety factor here also. Following basic rules of the road are a real concern. Let them go out to trails. This is an insane idea! Please do not allow this to happen!!! It’s a great idea for the town of Oshkosh, town of Algoma, black wolf, Nekimi etc but I think it’s too dangerous for inside the city. I would be willing to look at planned ATV routes and if they’re not in areas too congested I might change my mind Ebikes are bad enough. No ATV's on streets or sidewalks unless engaged in snow removal.period! I strongly oppose this idea. We need to figure out a safe way to allow e -bikes and scooters to use our roadways before we add another variable to the equation. The whole surrounding area is open to ATV/UTV use 24/7/365 at the speed limit of the road. This would connect Oshkosh to the 68,000 miles of road routes in WI. Allowing atv/utv usage would open up the potential for unregulated drivers and increased accidents. Aren’t our insurance rates high enough? Kids already ride their dirt bikes and e -bikes all over quarry park and the property to the south. Enough is enough. Pedestrian safety. I'm really concerned about safety with this. I've lived in 2 other states, and Oshkosh has the worst drivers I've ever encountered by far. UTVs/ATVs don't have much in the way of protection for their occupants in a crash. I also see e -bikes and electric scooters (and occasionally motorcycles) completely disregarding traffic and sidewalk laws on an almost daily basis. We don't need one more non-car motorized category adding hazards for pedestrians until we figure out how to enforce regulations on the bad recreational vehicle drivers Oshkosh is already rife with. Bad idea. There rural vehicles Lived in oshkosh for alot of years strongly think ALL roads should be open just the economic impact in the positive would be good for the city Please don't have a slower than normal speed limit . It impedes traffic more from backups and people wanting to pass. Not at this time Not to allow them Do not recommend I think it would be incredibly unsafe to allow these within the city. I don't know what the licensing requirements are for ATVs, but I'm assuming it's not the same as regular vehicles. It would need to be. There are enough difficulties with drivers not following "road rules and regulations". Also, if they were to be allowed, any ATV registered within the city limits should also be paying the wheel tax that regular vehicles now pay. DO NOT allow ATV/UTV/golf cart usage within the city limits. Stay off the sidewalks anywhere anytime including bridges Approve this as it’s safer than being on a motorcycle and they’re allowed on city streets. Do not allow Atv/Utv on Oshkosh city streets. There is no benefit and makes no sense. We do not need more dangerous streets in this city People can use cars to commute. No Do not allow UTV's on trails, they make the trails completely unusable for bikes and pedestrians This will not in my opinion account for any rise in tourism dollars or enticing others to shop/eat in Oshkosh. It will be mostly an option for folks who have had their license revoked due to DUI or other infractions. Why is this even an issue? It's a no brainer. We are not a small vacation villa, this is a big city and ATV's / UTV's have no place here on our streets or sidewalks Allow it! South Dakota does, and many towns up north in Wisconsin. Allow atv routes and main thorough fairs out of town that connect to the townships around oshkosh that have already opened atv used on streets and roads. Several studies show Roads paved = higher risk; mixture with regular traffic is especially dangerous. https://pubmed.ncbi.nlm.nih.gov/39026345/ https://pubmed.ncbi.nlm.nih.gov/26065484/?utm_source=chatgpt .com Don’t do it! I believe we will be less safe if we allow these vehicles on the city streets, sidewalks and bike paths. Oshkosh can’t even get scooters and electric bikes under control! Let’s build the infrastructure for them before we add ATV/UTVs to the mix. N/A Does not belong in a city the size of Oshkosh. We have a cabin up in Land O Lakes and I totally get why it is allowed up there but it has no business in a city like Oshkosh. None There just isn't a need for this in this city. Boat tourism is the primary recreational vehicle here. No none Seems like a really bad idea. No Terrible idea. Will not bring in the revenue you want for the city or businesses. Use on roads that are near trails would be okay. Not in school zones. Come up with safe restriction of Electric bikes and keep them off sidewalks for the safety of pedestrians. Strongly disagree I’m concerned that people are already uninformed about respecting other modes of transportation on city streets (bicycling, walking, scooters, etc) and adding another type of vehicle into the mix will exacerbate safety issues. I’m also concerned about how are we going to combat the drinking and driving that occurs in the lake shanties during the winter. This may encourage ice fishers to drink and drive their ATV/UTV home since those vehicles are lighter and seemingly more manageable than typical vehicles. All these complaints about visibility etc are mute. They're bigger easier to see than motorcycles, bicyclists, and mopeds. Give it a try and you will be surprised that it will be just fine. This will enhance lives of oshkosh citizens who pay taxes that already support our beautiful city. I'm curious how many mvc's the city has. If we look at a crash between an ATV/UTV and a vehicle or truck, more risk for injury and trauma. If passed, should have same requirements/ liability that covers auto We live in Oshkosh but our UTV's are located in Winchester, and we can travel just about anywhere in Wisconsin. Not having access to Oshkosh means all of our fuel, personal goods, food, apparel is purchased in other Towns or Cities. Oshkosh is losing out on a large sum of revenue. All of the regulations and safety measures already exist for UTV's. UTV's today are more designed for roads rather than trails, we have State registration and DNR laws, headlights, taillights, brake lights, seatbelts, street tires, mufflers, nowhere near as loud as a Harley motorcycle. Safer than all these ebikes and pedal bikes all over the roads weaving in between vehicles, which doesn't bring any revenue to the city. The air quality, noise, crime and congestion of Oshkosh has worsened drastically in recent years due to cars, motorcycles, EAA, bands. In my opinion, this is a very bad idea, unless Police Officers use them to protect the people of Oshkosh on them. Where are our Police Officers? Please do not approve this idea. We have enough noise and congestion in our city. Already we have electric bikes and mini bikes and scooters riding fast and free on our roads and sidewalks unmonitored. Who will police and enforce rules on these drivers. ATVs/UTVs are known drinking vehicles frequently used to bar hop. Please don't add to the congestion and chaos on our streets and sidewalks. Please vote no! This is ridiculous that this is even being brought up. Doesn’t the city have other resources to spend time worrying about ? Stop raising taxes. Stop useless assessments. Worry about the crime in this city. This city has become an absolute joke due to poor management . I'm fine with them if they are for snow removal during designated months. I think this is completely inappropriate. We don't live in a rural area, where there is common ATV/UTV use on county roads. Furthermore, Oshkosh does not connect to a trail system that I am aware of, in which ATV?UTV's currently use. I think we need to solve the biking/ebike/minibike/scooters rules regarding riding on sidewalks, trails or city streets first . That seems a more pressing issue. n/a If one of the justifications for ATV use on city streets is to access the lake during winter, then the two primary access points (south Main and Menomonie) are not considered safe because of having to cross a crack in the ice and proximity to the mouth of the Fox River. Otter Street fishing club provides bridges to cross the crack, but these are not suitable for ATV because of the wheelbase difference to cars and trucks. Providing access to Lake Winnebago through city streets might send a message that it is safe to enter the lake here and usually it is not . It is ridiculous to even entertain the idea in a city of this size. Oshkosh is not a rural town with limited transportation options. Having spent a lot of time in northern Wisconsin where on road Atv usage is common, in my opinion it is a casualty waiting to happen and a nuisance. We have lived on the west side of Oshkosh for 20 years. Over time, vehicles have significantly degraded the quality of life in our area. Loud motorcycles, trucks, stereos, and poorly tuned vehicles can be heard indoors - even with all of the windows closed. People are driving too fast and too aggressively. People are rolling through stop signs, looking down at their phones, and not yielding to pedestrians. I often see motorcycles doing wheelies. I see virtually no enforcement of any existing traffic or noise ordinances in the City of Oshkosh and I have no confidence that any of a whole new slate of rules for ATV/UTVs would be enforced. The roads on the west side are currently lawless. I believe they could be used safety in the city Terrible idea. This survey was clearly written by someone who is pro-ATV on city streets. The questions are slanted to get favorable responses, and putting out a poll like this is completely disingenuous on the part of the city. Frankly, this is one of the worst ideas I’ve seen the city bring forward in a long time. Council members and city administrators who approved a poll with this wording and bias should be ashamed. Allowing ATVs and UTVs on city streets offers little to no benefit to the general population of Oshkosh. At best , it makes life slightly more convenient for a few people. But every ATV owner already has a way to transport their vehicle to where it can be used—without driving it on city streets. Even the poll’s own heading admits that UTVs “do not meet motor vehicle safety standards.” That alone should end the discussion. Why would we invite vehicles onto our streets that , by definition, fail to meet basic safety standards? It defies common sense and shows a disregard for the safety of the city as a whole. I don't think it is safe to have ATV/ UTV with cars and trucks around. More resources will need to be allocated to monitor the usage and keep people safe. Lower the taxes and stop spending money you do not have. Wheel tax and high property taxes are running people out . Now you want more through an increase sales tax at the city and county levels. The result will be less residents, is this the goal great leaders of Oshkosh? they're not road legal None. ATV/UTV routes are more appropriate for small rural communities like Omro, Winneconne, etc. I think adding this type of vehicles to the mix in the city of Oshkosh would only add to the workload of our public service departments, such as fire and police. I think the idea that this will enhance tourism is self-serving. Please open all streets to avoid confusion Economic impact is currently loss to everyplace outside the city and transient counties and could be a very large impact keeping residents local vs going "Up North" for the weekend or vacation. I don’t support ATV use within Oshkosh city limits. Roundabout safety is already a major concern for drivers, bicyclists, and pedestrians. Adding ATVs to that mix would only increase the risk of accidents, confusion, and unsafe conditions on roads that are not designed for that type of vehicle. License or permits would discourage visitors. Local businesses would miss out on revenue. Current laws on mufflers would keep noise down. Speed limits are already in place. I am not an ATV owner, but I think this is a good opportunity for Oshkosh, as long as noise and safety regulations are enforced. People drink while doing theses activities. It increases danger. And if we can't have electric scooters why would we have atv's? On the outskirts of the city (i.e. in the TOWN of Oshkosh and other surrounding areas) I can see the logic of allowing ATVs however they do NOT belong on city streets! I live on Osborn and can imagine the machines tearing up and down that street + the grass along the quarry fence... it will increase danger for pedestrians and damage to greenspaces. Please do not do this. ATV/UTV usage on city streets will be a foolish, reckless undertaking, Their size alone will prove hazardous for drivers of cars and will mercilessly inhibit traffic flow. It 's foolhardy to think that eventually ATV/UTV drivers would not refrain from entering roundabouts and cause serious accidents. There's a place for them BUT NOT ON CITY STREETS1 Would you permit snowmobiles in the winter driving on city streets? There other ways to attract tourism. Do not allow them. Seems like a huge safety concern This is the dumbest proposal I have ever heard of. What made anyone think that Oshkosh is an ATV city. There are no options for atv trail use anywhere near the city. Not to mention it’s way too busy of a city to have little joy riders floating around. We aren’t a small outdoorsy town, this does not fit our cities vibe at all. Whoever proposed this should be banned from proposing anything ever again. Many communities surrounding Oshkosh already allow them with only minimal regulations. DO NOT over-regulate this. Just allow it on streets with a maximum speed limit of 35mph. Really dumb idea that makes us look like a backwards hillbilly city, not in favor of I don't think our community is a logical candidate for these vehicles. I see them more suitable in rural areas, small towns and villages. I also fear that using them for "bar hopping" will contribute to unsafe conditions, especially during ice fishing season. ATV/UTVs do not belong on city streets. They aren’t designed for it . There’s no reason to have them on our streets. Until the state requires UTV/ATV to be licensed drivers and there is enforcement of alcohol use while driving I am against UTV’s using city streets They should be allowed on all the city streets. Drunk driving, people driving who don’t have any sense. People not paying attention to driving. More accidents because hard to see them. People racing them on streets. They just belong on city streets might work in oshkosh ne. If they can go the speed limit and above then good, however, it the exposed sides show possibility for severe injury. I do not live in the city but I have to use city roads I'm very opposed to ATV on city streets. Structure it so it can not only grow/expand. But allowing people within the city to use there machines for task after work. (That being part of phase one. If that’s how it’s being looked at .)We work hard for this equipment , but not all of us can afford to live country side. Laws are already in place for the roadway. Hold same standard. No freeway usage. I own an ATV and enjoy driving it , but it doesn’t belong in a city the size of Oshkosh. It will create a multitude of problems for public safety, noise, pollution, etc with very little reward. The idea Oshkosh is “missing out on tourism dollars” by not allowing it is a poor attempt by those who want to make more money to justify something that will end up costing more than it brings in to the city. There are so many other improvements the city needs to focus on to continue to improve tourism and increase dollars coming in - but this should be at the very bottom of the list . Great boost to local businesses, gas stations etc This city has ENOUGH traffic problems without adding this variable to the problem! The idea that allowing them on the streets would increase tourism is an abject , laughable pile of propaganda. Apparently a few people want to drive their toys on our streets instead of trailering them to appropriate trails or frozen lakes out in the country. Further, our modern cars, SUVs and trucks have extensive emissions technologies to help keep our air clean. However, I suspect that ATVs/UTVs spew out far, far more pollution than our cars, and for that reason alone, they should continue to be banned. Oshkosh is not a rural resort town and does not need the associated headaches from ATV's. ANOTHER loser idea brought to us by our INEPT city government! While I currently live in the town of black wolf and have for many decades. I’m probably in the city of Oshkosh at least once a day for daily activities ymca, shopping and general dinning. The use of atv/utv has no business being in a city the size of Oshkosh period! Cities are preaching mass transit to combat pollution. Which is an all out hoax! Why would you allow transportation of single and limited seating vehicles? Sounds pretty idiotic to me. Donald Lamson I believe this should pass. All our surrounding towns/cities have use in their areas and Oshkosh should too. This would help tourism, local businesses and be an asset to the City. At typical UTV starts around $18,000, which is about the same cost of a small compact car. Unlike a compact car, UTVs lack many of the safety features that the DOT requires in cars. Think: Airbags, roll bars, seat belts, directional signals, etc. Plus, ATVs/UTVs are designed for off- roading, and become unstable on smooth, flat surfaces, especially at high speeds. They have a higher accident rate, which my buddy an insurance agent confirmed when he stated the rates for insurance are much, much higher, which is why many drivers of ATVs/UTVs will go without insurance. Gotta wonder if that would increase the insurance liability for the city?!! Additionally, ATV/UTVs are gas-powered engines that lack many of the environmental controls found in cars, leading to more exhaust being introduced into the environment . I don't wanna walk down the streets to Oshkosh being forced to smell/breath the exhaust . Plus, ATV/UTVs are often linked to reckless driving in areas a car wouldn't typically be able to go, like your city parks, across vacant grass lots and down sidewalks. They're very loud, very obnoxious, and I really don't want to see Oshkosh road clogged up with yet another kind of vehicle. ATV/UTVs are designed for lower speeds, so I could totally see issues at intersections and on streets with multiple lanes. Oh, I forgot helmet use: most drivers/riders don't wear helmets, further increasing the likelihood of death and serious injury. Please!!! This is a well known "bad idea" that 's always introduced under the guise of "increasing tourism." There is no data to support that! It would be very unsafe if a car, truck or an ev would crash into an ATV/UTV. There is no protection for the ATV occupants. Even at lesser speeds they could get significant injuries or even death. Less traffic on county roads is okay as you can see traffic much better. City traffic with pedestrians is enough distractions for a driver. No to city ATV access. (Can you imagine EAA with ATV tourists.). Safety first . This is a bad idea. Leave the law as it is - fall/winter for plow (snow removal) usage. Zero reason to have these on city streets or sidewalks. These should be for recreational use in rural areas. If there allowed make sure they pay the $35 wheel tax, along with there registration. Do not allow on city streets! If it does get approved, which I hope to God it doesn't , they should have to pay a wheel tax like the rest of us. They should also carry the same type of vehicle insurance ( liabilty/ collision, etc.) that automobiles have to. Issuance of DOT Wisconsin license plates in addition to the DNR tags. Allow it for ice fisherman at least Absolutely not! Absolutely no ATV should be allowed This is a bad idea. Please be smarter. ATV’s and UTV’s are not designed for and do not belong on city streets. It would be dangerous for the drivers/riders of the ATV’s and UTV’s and aggravating for motor vehicle drivers. This is an unnecessary safety hazard. I can’t imagine how the city will be able to police these things. Frankly they just make the roads more congested. Unless these utv are required to follow the same rules and laws for a motor vehicle they shouldn't be on the road. Secondly limiting when they can be on the road would be smart . As we know WI has a drunk driving problem and these wouldn't stand a chance vs a 5000lb car or truck. There are already increasing electric bikes & scooters creating safety issues on sidewalks, streets and bike lanes in the city. A lack of police officers to enforce rules/ laws already, so let’s not pretend they will be able to assist with ensuring regulations are followed. This isn’t Mayberry. I can’t believe this is even being considered. Oh wait , I forgot .., it could bring in tourism dollars. Insert eye roll I dont belive Oshkosh is ready in anyway for this to be safe for the community We don't live in South Dakota! Horrible idea! I am a hard no and will vote against any Ballentine measure, council member or candidate supporting it . They are adult toys, and really belong on trails. I don't want this. It feels like allowing this in a larger city like Oshkosh would be making it more difficult for those driving in the area already. I would love to see more focus on efficient public transportation and more sustainable options like biking. The street we live on already has issues with vehicles and motorcycles speeding and driving recklessly. Adding ATV/UTVs would not be helpful. I can't believe this is even being considered. With the number of serious--deadly--accidents that have occurred lately, the last thing we need is a bunch of idiots joyriding around the streets on these vehicles. I know I'm making assumptions and stereotyping the operators but I envision far more potential problems than possible economic benefits. Is this really the image of our city that we want to present to prospective residents, business owners or developers? We're going to look like a redneck backwater, not a modern, vibrant city with cultural, historical, natural and yes, recreational opportunities. I cannot understand why this is even being considered. Noise is my primary concern. Every rev of the engine is obnoxious and there are enough obnoxious loud engined vehicles on the roads already. This is an absolutely terrible idea They are no different than a motorcycle if not safer if they follow the regulations the DNR already has in place I don't see any problems with it DNR does have noise limits to be followed also have registration that is used state wide if you make crazy rules that other towns don't have you will not get the tourist to come I think you will be surprised the money it brings to Oshkosh Living in a neighborhood where children are always in the street , I see the extreme misuse and dangers these vehicles can cause. I grew up in a town with atv/utv usage and I have had close friends injured and a cousin die because of misuse. There is NO need in Oshkosh. A bad idea the could be badly executed This is one of the worst ideas ever. We are Oshkosh, not Hooterville. There are places for them to ride them. Very bad idea will lead to more trouble than it is worth ! Living on a busy street such as 9th/Westhaven as we do, we already have motor cycles and cars racing up and down the street every day. I've never seen traffic laws enforced as is in this area (no fault of the police, as I'm aware they have other things going on). Adding ATVs or UTVs would add such a dangerous aspect to the already heavy vehicle and foot traffic on busy streets. If opened up on some routes, it just opens it up for people to use the rest of the streets with little risk of enforcement . I believe that the city of oshkosh and surrounding areas will benefit from this. Winnebago county as a whole will see a rise in spending and tax revenue. More budget dollars for the city. Open the routs for a year on a conditional trial and see how things work out . I think everyone will be surprised on how well it will work out . Thank you for considering this issue We already have motorcycles racing on city streets, I am concerned that this problem would increase with allowing ATVs and UTVs on city streets. Also concerned that they would ignore traffic laws like we already see e -bikes doing. It would be a safety concern for all drivers. They were meant for off road use and it should stay that way. The use of battery powered bikes and scooters have increased drastically over the last two years. Many people using these go on and off side walks without obeying street safety signs or traffic laws. Some are even exceeding the posted speed limits. Very few of these have any sort of lights making it hard to see them. Adding ATVs and UTVs to this will only make things worse. Even as an ATV owner I cannot see a positive use for it within the city limits. I cannot foresee a future where atv/utvs are allowed on city streets and the riders are not a danger to themselves or others. I know the city will put out proper laws and regulations, but I also know half of the riders would not follow those laws/regulations. I know the police can enforce the laws, but they cannot be everywhere at once. The riders will be a hazard to themselves and everyone else on the road. There is not enough traffic enforcement in the city to combat existing issues such as speeding, drunk driving, reckless driving, inattentive driving, etc. Adding new issues with a new class of vehicle on the roads without addressing the existing safety issues that injure and kill people in Oshkosh on a regular basis is madness. As a citizen who lives on the South side of town, I would appreciate the ability to travel using my UTV. My main concern is safety. I am unsure of why this is being considered, which is why I checked neutral. There may be good reasons to allow ATVs on city streets but I am not aware of where or why. Rural county roads are fine. They don't belong on the city streets. This would be a bad choice for the city to approve. Electric scooters have already proven that these riders avoid following the laws & rules of the road & sidewalks. It'll only be worse if atv/utv are allowed. Not to mention our wheel tax, how is that fair? there needs to be a registration on the vehicle that can actually be seen by people around them when there moving. also, what kind of wheel tax will they pay to the city like other vehicles do? ALLOWED SLOW MOVING LIVE GOLF CARTS RIDERS ETC We are not a rural community that has ATV/UTV trails that even lead to city streets. I am confused as to why this is even being considered for city streets. Why would we allow mixing cars/trucks with ATVs/UTVs? Seems to be a potentially disastrous combination for what I perceive and anticipate to be little to no benefit . I greatly appreciate the opportunity to weigh in. They belong on the farm and in woods. Car insurance will go up. More accidents. People illegally riding them. Damage to people's property. People stealing them. Drunk driving. Parking them. You need to keep the city safe. More police etc. You are getting out of hand and need to really sit down and use your brains for a change I do not understand how general use in the city would be anything other than another source of accident and injuries. it may be of benefit near the lake, but a more specific plan with routes should be discussed rather than all city streets. Electric bikes are causing enough safety problems speeding on sidewalks making it unsafe to walk. ATV's might be OK up north in a small town but Oshkosh has too much traffic to consider this!!! Several cities surrounding Oshkosh are open for traffic and almost all cities up north are as well. Oshkosh should be no different . The boost to our economy would be wonderful. Do NOT allow it — they can take their toys to the country trails. ATV/UTV access on city streets isn’t just about convenience —it’s about economic growth. Communities across Wisconsin that allow UTV traffic see more visitors staying longer, spending more, and supporting small businesses. Oshkosh already has incredible tourism assets with its waterfront , events, and downtown. Expanding ATV/UTV access would connect those strengths, bring in riders from surrounding counties, and position Oshkosh as a hub for outdoor recreation. The UTV community is respectful, family-oriented, and eager to support local restaurants, shops, gas stations, and hotels. This is an opportunity for Oshkosh to embrace a proven tourism driver and keep those dollars local instead of sending them to other towns that are already UTV-friendly. License drivers only for city limits Go from one end of town to the other emd The city can’t control all of the ebikes zooming all over the place and now you want to add ATV/UTV’s to the mix. Not a good idea. Just saw a wreck near campus with an e bike. Don’t need more vehicles that create issues Allowing ATV and UTV access on city streets is more than just a convenience, it’s a way to strengthen community engagement , support local businesses, and promote outdoor recreation. These vehicles are increasingly used by families, small business owners, and outdoor enthusiasts for practical transportation and leisure. By adopting a well-regulated ordinance, Oshkosh can join other Wisconsin communities that have successfully integrated ATV/UTV access while maintaining safety and order. With proper signage, speed limits, and enforcement , we can ensure responsible use while opening up new opportunities for tourism, local commerce, and community events. Let’s embrace a policy that reflects the evolving needs of our residents and encourages safe, inclusive mobility. Noise Level Concerns: Modern UTVS are increasingly designed with quieter engines and better muffler systems. Noise can be managed through designated routes, similar to how municipalities may regulate motorcycles. Ordinance can include penalties for modified exhaust systems. Enviornmental Impact Concerns: Many UTV/ATVs are now EPA-compliant and feature fuel-efficient or electric models. On-Street use reduces the need for trail expansion into natural areas, potentially preserving green space. Compared to larger vehicles, UTV/ATVs have a smaller footprint , and their use for short trips can reduce wear on roads and lower emissions from heavier trucks or SUVs. Traffic Congestion Concern: UTVs are typically used for short , local trips and can help reduce car traffic for errands or recreation. Ordinances can require UTV/ATVs to follow the same traffic laws, including lane usage and speed limits, ensuring safe integration. In rural or semi-urban areas like Oshkosh, traffic volume is generally manageable, and UTV/ATVs can be restricted from high-traffic zones if needed or during certain hours of the weekday. I think this could be on a T Risk bases and do it for a year and see how it plays out . If the number of complaints are high and they are legitimate complaints and not just someone that opposes this then shut it down. I think you could contact Omro, winneconnie, Monroe, Ripon and other cities in Wisconsin that allow it and see how it works for them. Some people are going to complain just because they can. No I support the city exploring a carefully managed approach to ATV and UTV use on certain streets. These vehicles can bring economic and recreational benefits by encouraging tourism, supporting local businesses such as restaurants, gas stations, and repair shops, and providing residents with additional mobility options. However, safety and quality of life must remain top priorities. If permitted, I believe use should be limited to designated routes that connect existing trail systems with local businesses and services, rather than opening every street . This would maximize economic benefits while minimizing disruption in residential neighborhoods. Regulations should include clear speed limits, restricted hours of operation to reduce noise in the evenings, required safety equipment (helmets for ATV riders, seat belts for UTVs), visible lighting, and proper mufflers. A permitting or registration system would help the city track vehicles, ensure compliance, and fund enforcement . A phased or pilot program could allow Oshkosh to evaluate impacts before fully adopting an ordinance. Partnering with law enforcement , rider groups, and local businesses would also help educate operators and promote responsible use. With the right safeguards, limited ATV and UTV access could balance safety with economic and recreational opportunities, helping Oshkosh remain a welcoming and forward-thinking community. If you think this will bring more rich people to town to spend money, you are a brain dead hick I come from South Dakota where we can drive UTVs everywhere except the interstate. There is a licensing process but thats acceptable to be able to drive them in town. People spend more on these machines than some people do on a car. They should be treated the same as any other vehicle. License, insurance, plates all of that but let people drive them. There are rust buckets of vehicles on the road if you want to be concerned about safety. Look at all the street bikes if you're one concerned about speed limits. Laws will always be broken but don't limit others by not allowing UTVs These vehicles are NOT designed for use on paved roads, even the manufacturers say that! And what will happen when you combine that DORA drinking with these ATVs? Oshkosh has an issue with electric bikes on the sidewalks endangering pedestrians and patrons exiting stores and restaurants. Just because other municipalities have allowed ATVs, doesn't mean you have to follow their lead, like lemmings! ATVs/UTVs belong in rural areas on dirt trails, or on properties where their 4-wheel capabilities are needed, NOT on city streets!! As long as laws are obeyed, safety measures are followed, i do not see any reason atv or utv can not share the city roads. Really are no different than motorcycles and definitely safer than the motorized bicycles that see becoming more popular. I've been to other towns/ cities that allow them and have seen few issues. I fail to see any benefits for having these vehicles on any city streets. These streets are too congested already, I feel there are already parking problems. Parking lot traffic incidents are already problematic with application of present laws, compared to open public road events. These vehicles need to be registered if operated off of your own personally owned property. They need to be registered AND identified the same as any boat with a motor has to be, if you intend to operate it around other people or their properties. My cars are registered and insured to the hilt! Cause that is what it takes to be the tool I need for my family and operate around this city and local communities with a measure of responsibility. When I need to park most anyplace other than my own driveway/property I am to contact some authority to avoid an extra cost . I have seen the troubles small rural communities are experiencing with this accepted form of vehicular transportation. Prior to accepting this there should be small community (often volunteer) rescue services consulted about the experiences they have had forced upon them since these have been mixing with public transportation, trucking business traffic and plain old neighborhood activities dancing through everyday interaction. Most cases between road noise and motor to be louder than most Harleys. Large power boats on the river, airplanes overhead too……. This city is noisy enough. I do not feel that ATV/UTV’s should be allowed at all on city streets! I would suggest talking with EMT’s and police officers from areas that allow such vehicles in there communities about the injuries and property damages that have occurred. This city is noisy enough without such vehicles on the streets. It’s okay if you live in out townships but not in the city 👎👎👎 No different than driving / riding a motorcycle, probably safer. I think the limited use of a properly equipped ATV for snow removal on driveways and sidewalks makes sense in our state during the currently designated season, however I do not see a positive to having them on Oshkosh streets for all of the reasons I selected above. This should NOT be allowed and I can’t believe it is even being considered Oshkosh is too urban for this ordinance and these vehicles are not meant to drive on city streets This is a bad idea. Will they also be able to get a ticket /fine just the same as a vehicle currently allowed on the road? Will they be a "vehicle" and need to follow normal driving rules? Example: come to a complete stop at a stop sign? Oshoksh is not the north woods. The fact that not a single municipality our size is considering a similar measure to this is very telling. The council members pushing this measure who stand to profit from approving it should recuse themselves, as this is an apparent conflict of interest . There is a difference between urban/suburban and rural. Living on Bowen, which is already prone to having approved vehicles (sports bikes and cars) at high speeds and engines revving, I can only see this proposal as a massive negative. A simple YouTube search of urban ATV riders is enough to show the negative impact on the overall quality of life that the approval of this proposal could open the door to. Would every rider be a problem? No. But the potential of adding even a percentage of bad actors through this proposal is enough to recognize that some things do not belong in a city of our size. The stated goal is to bring in more tourists' money; tourists, by nature, are not invested in the quality of life of a community in the same way that residents are. Trailer your ride. Go up north, where there are actual trails to enjoy. Want to bring these dollars into the city? Create a designated trail system for them. I have a street legal UTV licensed in another state that allow them on the roads. Yes, I pay for registration every year and insurance. And follow the rules of road just like with my other vehicles. It is much safer then scooter, bike,moped,ect . If done with safety and accountability in mind, I truly think this could be great for the city!! This will benefit Oshkosh Please do not allow this to pass This allows people to operate vehicles that do not meet highway safety standards that autos must . It also makes it easier for people to evade police while drunk driving. The city has a lot of rural areas that could be open. Would not need to be in the heart of the down town. This is silly and completely unneeded At the same time or prior to enacting ordinances regarding atvs/utvs, the city should also consider what if any ordinaces, regulations, etc. need to be enacted regarding use of e -bikes, electric scooters, etc. on city sidewalks, bike paths/lanes, and streets. Just want to say the survey was well written. Nice work. The city will do what it wants to. Don't allow it . I have owned and operated ATV/UTV's and understand they don't need to be on city streets. People have a hard enough time looking out for bicycles, motorized bicycles and scooters, and pedestrians. Take care of those issues first to make the city streets safer. I would not allow ATV's and UTV's on city streets. You would be starting down a dangerous path by allowing this. Please don't do this. I don't feel too strongly about whether or not they should be allowed (maybe slightly lean toward not allowing) – but if they do end up being allowed, then I DO feel strongly about ensuring they are properly regulated. I'm not sure how well equipped our police force is to handle enforcement either (I think it's been a bit short staffed lately?), so that should be another consideration as well. Additionally, they absolutely should not be allowed on sidewalks or bike paths. I feel very strongly about that . Create trails!!! We would love to see utv's allowed in the City limits. We could go out to eat more often. Let’s get it done already There is absolutely no reason for ATVs to be on city roads. If we want to increase transport accessibility add funding to the bus system!!!! Traffic is terrible already why add more issues to the problem. There needs to be language that defines users, to prevent roving gangs of cruisers that will being massive amounts of negative attention to this proposed change. The differentiation needs to be spelled out very well. Has anyone looked at rates for auto insurance when something like this is allowed? It seems like there could be an increase, due to potential increases in liability for injuries to those in less structured vehicles. I would be curious to know if there have been any studies on this conducted. none I wouldn't make it a requirement , but I highly recommend advising ATV/SXS owners install turn signal and horn kits to improve safety during road use I would be in favor of allowing limited use of ATVs/UTVs on city streets near the lake for use by ice fishermen to be able to park, unload their machine and travel a short distance of a block or two to access the ice. This could also include special events such the Otter Street Fisheree and Battle on 'Bags Winter edition. By doing so, it would remove the need to park on the ice which has at times been a safety problem. Just allow it , small business will benefit from it , just like every other city that allows it . City will see huge benefits from registration fees, and licensing. We also need some regulation for electric bijkes and scooters. We have many people using them for transport without paying attention to stops signs, stop lights, etc Personally not a good idea to allow atv/utv’s on the roads. Will create more problems. As mentioned if there was an actual trail system and to get from one section of trail to another then in that case I could see it as a benefit . We have witnessed firsthand the great majority of these drivers to be defiant as far as any rules of the road! The local police officers are busy enough without trying to chase down these often reckless and rogue atv and utv drivers! None Its bad idea! People have enough problems with their driving’s let alone having to deal with a atv on the road with them We really need to allow ATVs and UTVs on the city streets of Oshkosh. Should not be allowed ATV/UTV owners are in favor so they don’t need to trailer to the lake. No economic impact will occur. There are already issues with these vehicles around the community and it’s very hard to enforce the violators. Great addition to Oshkosh I think it would be great What 's next ? Go-carts? I think it should be limited to (2 seater min) SIDE by SIDES / UTVs with lights and turn signals This is an insane proposal! I am very pro-powersports and greatly enjoy using them for their intended purposes but there is zero reason to allow them on city streets when we have no trails in the area. I am completely unable to wrap my head around the idea that this will "bring tourism" and "help the economy" when there's literally no reason to ride them in this area. So people are going to trailer their units to the city, unload them and ride around to our various restaurants and bars? Let's call a spade a spade, ATVs/UTVs would be bar hopping vehicles for locals, with drivers thinking they aren't really drinking and driving because it's not a car/truck. Please do not allow this. There will be a large increase in the incidence of speeding, OWI and reckless driving. Additionally, there will be increased nuisance noise. The cost to the city of increased law enforcement complaint responses will be proportional. . Allow them. They are registered and licensed, and use fuel which pays into the general road fund. this is a bad idea We have inadequate accommodations for bicycling in the city. I'd rather see efforts to improve this situation and to encourage the use of bicycles for recreation and as a viable form of transportation. NA We have too much traffic already, without adding these vehicles. I think this would be good to pass. Taverns, restaurants and other shops could benefit from people coming to town and from residents. Open them up you will increase the sales of UTV/ATV you will also increase local buisness revenues riders able to access lodging, gas and food you can always close them if they were to become a major issue. Which they are not municipalities have them open all over the state of Wisconsin I do not believe atv/utv should be on the streets of oshkosh. They sre a recreational vehicle. The city streets are not recreational trails. There are no trails that intersect with the city streets. Up north there are trails surrounding the cities that lead into the city. Not appropriate for Oshkosh streets. Safety of our streets would be severely compromised. We already allow golf carts that are registered with the state. Those are not even close to being as safe as a utv/atv. The fact that most surrounding areas already allow them and dont have problems sould speak volumes. I've been a homeowner in OshKosh for over 20 years. I've seen an increase in road rage in the city. We can't even take care of e. Bikes, and you want to put atvs on the street . The moment that happens, I'm selling my house. If we want increased tourism we would need to couple access to city streats with a network of quality off road trails. No one will choose Oshkosh as a UTV destination without great trails. Thinking someone will trailer a UTV/atv here to just ride on city streets is nieve. Look to Bentonville, Arkansas for inspiration on combining trail access and public works. They have transformed their town into a mountain biking destination by combining both. None Would love to see Town of Algoma streets opened up Very bad idea, This is a bad idea. I believe atv/UTV being allow to atleast get to certain destinations, like the lake for ice fishing etc. would be a great opportunity to free up parking on the city streets around the launches. No more trucks and trailers clogging up the roads. I also believe that you should be able to ride on non marked routes atleast to get to the designated route at the very least . If the Wisconsin Dells can do it there is no reason we can’t ATV/UTVs being allowed on Oshkosh streets is ridiculous. The rationale that it will bring more tourist dollars makes zero sense. No one is riding a ATV/UTV to downtown Oshkosh. I don't think they should be allowed on frontage roads or in roundabouts if feasible, those areas are congested and people are not as careful as they should be. There's no reason they need to be allowed in the city of Oshkosh. I live west of Oakwood road. I would purchase an atv if this goes thru. It’s a great idea following several other communities in Wisconsin. Usage does belong in the city ATV/UTV are meant for rural areas. I would be ok with like the town of Algoma, Vindland , etc.. I can't think of anything more unnecessary than this. They do not belong on city street they are not made to be on city streets and will cause issues if allowed. They are recreational vehicles not daily driven vehicles like a car or a truck or motorcycle they are made for trails and if put on city streets it will be a problem seeing there are to many vehicles and accidents as it is. Limit time and where they can be used. If we were a smaller city and more country, ex. Omro. Then it may be a good idea. But our city is growing and becoming fast paced and lots of impatient and inconsiderate drivers. I feel it would be unsafe mostly for our ATV riders but for everyone. City streets are already congested, no need to make it worse. Don’t do it . We are not a atv/utv trail town. It’s a very stupid idea. If you thought e -bikes were bad, wait until it's ATVs screaming up and down streets all hours of the day because we all know nobody will enforce any of the related laws. It is an overwhelmingly unnecessary safety hazard and will cause issues for people already using the roads This is a horrible idea, the worst thing Council has ever come up with. Keep it out of the city. The townships can allow it if they want . I don’t believe they should be allowed on trails or sidewalks unless engaged in plowing. I would be much more supportive of electric ATV/UTV use due to significantly quieter operation, but I know they’re not that common yet . This is a dumb idea from a fringe group within the county. Stick to the real issue... EPSTEIN! ;-) So often the drivers of these vehicles are under the age to be licensed. Operating off-road does not require the same level of knowledge and decision-making ability that driving in traffic involves for the safety of all. If this is passed, expect to see higher drunk driving cases and injuries because of it . Are you out of your flippin minds? This isn’t Dale, there’s 70,000 people here. I’ve never in a million years thought someone in a city would actually think this is a good idea. Tourism?!?!?? Ha, more like another way for people to drive from bar to bar. I am wholeheartedly opposed to this idea. We should not allow ATV/UTV usage on city streets or sidewalks, or even in our parks! This will congest our streets and parking, lead to dangerous crashes--endangering the drivers and our children-- and the noise and tendency for reckless 'off-roading' (the true purpose of these vehicles) will severely disrupt the numerous musical festivals for which Oshkosh is known! I've heard talk about UTVs being allowed on bike paths and sidewalks - I'm against that option! UTVs should only be on sidewalks for snow removal - not transportation. Strongly oppose Terrible idea. Kids on ebikes and escooters already are getting hit . There's no way to regulate atvs especially with underage and unlicensed drivers. This is a terrible idea, and won't benefit Oshkosh at all as we have no actual ATV trails around. No operation on main thoroughfares… 20th ave, Jackson/Oregon, Main or any road with a posted speed limit above 30mph Don't do this. The noise pollution alone should stop you from even considering this. On top of all the drunk driving that 's going to happen. Makes no sense. How many people have been killed in ATV vs Truck/Cars on county roads since surrounding counties legalized it ? This is stupid There are trails for this use them Just as cars are for the roads Already a problem with kids on e -bike riding all over not following rules. ATV/UTVs DO NOT belong on city streets. They belong on private land and marked trails. I believe these recreational vehicles are fairly sinilar to a Japense normal truck. I think if these are equipped with the proper safety this would be a good alternative for younger drivers. I do worry about the reckless driving (I have been hot twice with serious injuries riding a bicycle in the city and vehicle drivers were at fault .) I would strongly prohibit these atv and or utv on trails or sidewalks. I think those are already crowded. Don't allow this This is a terrible idea and will only lead to problems. This would be a horrible mistake. I think it’s insane to even consider allowing these. They are incredibly dangerous. One head-on or side -impact collision, and all the UTV passengers would be in grave danger. This is so dangerous, please don’t allow it . Please focus on improving public transportation instead. HORRIBLE IDEA There is no need for them within the city almost as dumb as the recent .5% sales tax increase initiative Snow removal is imo the best usage for these within a city setting. The city should work on expanding it 's public transit options and increasing the efficacy of bike routes instead of pursuing this. Police departments are not able to keep up with enforcing/don't want to enforce laws for motorcycles. If we allow atv's on city streets, what makes you think any laws will be enforced upon them? Wheel tax Flat out NO! They will be just another object to look out for while driving Stunts? Straight to Jail, ATV impounded. This is ridiculous to even think of. You would benefit a few such as ATV sellers in Oshkosh and people who want to drive around barhopping in their ATV. We are not a north woods community. There is no need to have these types of vehicles on our city streets. Has any study been done for the economic impact for these few businesses that are requesting this? Many potential benefits presented are related to the winter season when ice is present . Please consider a seasonal ordinance that would allow the increased access to the lake during these times only. Check with other cities in the area that 've passed laws allowing ATV usage on city streets to see what the impact has been economically and if they've had any increased police issues. This does not sound like a beneficial consideration. There are far many more cons than pros and there does not seem to be a correlation to how opening up ATV usage would increase tourism. Also, are we suggesting that the idea of "tourism" (probably defined as people going into more businesses) is worth it so the average citizen can be burdened by noise and pollution of ATVs so businesses owner can make more revenue? It seems like a ridiculous proposition at the very least . This is a horrible idea. ATVs on sidewalks is only asking for more accidents. People don’t pay attention to motorcycles, how fast will it be before someone is hurt or killed on anUTV/ATV No Let me get this straight: you want to ride a vehicle that 's essentially a glorified lawn mower with wheels, onto a road where cars are zipping around and people walking? That 's not just irresponsible, it's negligent . But hey, I am no expert . As a nurse who has seen firsthand the devastating consequences of ATV/UTV accidents in my rehab work, I strongly believe that ATVs/UTVs have no business being on public roads. If this ordinance is passed, let's make sure to require license plates, insurance, helmets, and a test for licensed operators - after all, safety should be a top priority. And to ensure that people don't think they're above the law, we should also increase police patrols on our roads to monitor for reckless behavior. To be honest , I'm not optimistic about the success of this ordinance. But one thing is clear: if it does pass, it will likely result in an increase in hours for nurses like myself as we treat the countless injuries sustained by people who ride ATVs/UTVs recklessly. Do not allow them to be on the streets or our sidewalks. I believe this is a great way for transportation! Oshkosh is no little tourist town up north. Traffic in Oshkosh can to challenging at certain times of day and certain areas of town. You would not be able to control where or who is using these ATV’s once you choose to allow them on our streets. This will be a big problem. Also take a look at the EBikes going 25 miles per hour on the sidewalk. I already know people who have been injured. Oshkosh roads are not country roads!!! ATVs and UTVs are recreational only and should be used on recreational trails designed for such vehicles. They also should not be allowed on sidewalks and walking trails unless removing snow. We live in a city, not in a recreational park. None None If you would require a permit to use them in oshkosh. That money could be put back into road repairs. If they can keep up with the speed of autos, are visible, and aren’t any louder than redneck, giant maga-flag flying pick ups, then go for it . Who, cares. It seems like a bad idea and the police seem to have a hard enough time regulating regular vehicles that operate recklessly and disruptively. I'm not sure the city can handle the current e -bike situation, pedestrians almost getting hit , bikes zooming in and out of traffic, on the roads and then suddenly on the side walks, and now we want to throw UTVs into the mix? I own a UTV and live in the city and would not drive in town. The amount of people that have nearly crashed into me, or blown red lights, or don't understand roundabouts, or are going 50mph up and down Jackson consistently, and they feel the need to add an additional type of motorized vehicle to a CITY, not a town. Terrible idea, let's handle the problems we ALREADY have instead of adding more. Of course there will be rules in place, just as there are for cars and trucks, and how well do the residents of Oshkosh follow those well established rules? The same car goes past my house every night at 1130 speeding, not stopping at stop signs, no muffler, music blaring. Several people have called in this individual, yet nothing has ever come of it . People are going to disregard their neighbors and the rules, it happens all the time. Seems like a fine idea on city streets, if they have appropriate lights and can go the speed limit , why not ? This might work someplace north of crivitz..not here No Strongly believe it would enhance business downtown I believe this is a solution looking for a problem. The City Council should be looking for and assisting our new City Manager to build a better Culture for the city Staff as well as lead the charge for efficiencies on the administrative side of the house. The City Council should keep its hands off and out of the legislative side of the house including not removing the second reading for new/changing ordnances. This ATV/UTV lines up perfectly with the other foolish things this current City Council is doing. Wasting time, money and resources. Terrible business practices! This is a terrible idea. Oshkosh is not built or set up for this Lived in Oshkosh for 25yrs and now live in Green Lake County. I still work in Oshkosh daily. We have ATV/UTV usage where we live and it’s been going very well and supported by most residents. There is no good reason to have this in place. We dont even have safe bike lanes because drivers are careless & distracted. Don’t allow any ATV/UTV, or other new tires of vehicles, on city streets until you get the electric bicycles properly regulated. These should be registered and regulated by government to stop the crazy behavior of drivers off the e bikes. I own one and would gladly pay a registration fee to allow some control of the people abusing how these vehicles are being used. Great idea, they are safer than motorcycles and saves me money on gas. I could access the lake without parking trailers all the way down merrit st You can't enforce motor vehicle rules in this city regarding reckless driving, speeding, and vehicles with excessive noise whether it's an aftermarket exhaust or no exhaust . Much less keep these e -bikes off of sidewalks or weaving through traffic. The drivers now might actually have to slow down, people in cars are speeding everywhere way to fast . Might help Its a great family hobby. We always support local businesses when out on a ride. I personally have no problems with ATV’s/UTV’s being allowed on city streets. I just feel they should need to follow the same laws as cars and trucks. They should also be equipped with equivalent safety equipment . Don’t let it happen There are no off road trails for ATVs in Winnebago county. There is no reason to have ATVs on city streets without off road trails. There are no UTV/ATV trails anywhere around Oshkosh for recreational use. There is no reason they need to be used in and around town on city streets. Oshkosh already has too many rules and regulations that aren't enforced & not enough police coverage to deal with all the problems. Bike paths are already unsafe with the way people drive around this city, not to mention the accidents and problems with the roundabouts. Absolutely should NOT be allowed I do not agree with the "allowed on sidewalks if a snow plow is attached" proposal because I think it will be abused and riders will travel at speed on sidewalks when there is no snow, rendering sidewalks unsafe for the pedestrians which they were meant for. I really don't see the advantage of ATV/UTV usage, other than an attempt to circumvent the laws and infrastructure that's in place to help keep everyone safe, all in the name of trying to make a few bucks. please don't let atvs and utvs operate on city streets! None Our city is busy and I don't see what benefit these vehicles would bring. They are typically meant for off road recreation. ATV/UTV’s are excellent tools for property owners. I don’t believe they need to be exercised over the roads in the city of Oshkosh. The risk outweighs the rewards. This is an absolutely horrible idea. By trying to "increase tourism" it is being done at the cost of the people living here. We barely have a handle on electric bicycles, we should not be adding more problems to our traffic when we haven't solved the ones we have. This is something that belongs in rural areas, not a City. I lived in Philly previously and while I don't know the legality to the ATVs/UTVs that were on the road, but I can say they were a problem. 10/10 times they were being used to drive recklessly. Do not do this. Obviously not for the downtown area but everything west of the Hwy 41 should be allowed and places North and South Community should support communicating well with each other, introduction of these off-road toys into city streets helps isolate common everyday citizens (some can’t afford a private transport unit and insurance) from those that are blessed to benefit from this poor decision. This city is already losing most of it’s historic greatness, I hope the wonderful citizens in this city don’t get this decision rammed into their neighborhoods. Please don’t allow them There is no basis for this. It will take police away from other enforcement activities, which are of a much higher priority. (think drugs, prostitution, etc.) To think ATVs won't impact police resources is absolutely stupid and naive. The Council should not be second guessing the Police Chief. I believe it has a lot of potential good benefits to using them in the city. The make getting around the city much easier They don’t belong on roadways When we’re walking around downtown Appleton. Green Bay. Etc. at no point have I ever thought “gee. Sure could use some atvs down here”. Who’s idea was this?!?! I would like to have them used on side streets only keeping them off the main throughfares. Vote no, we don't need the problems associated with these vehicles in Oshkosh. - I've traveled to numerous cities with atv utv ordinances I don't see any problem its just like a cad and no louder than a Harley Davidson I don’t see any benefits of atvs/utvs on city streets. All streets and roads open could benefit all small businesses in Oshkosh. Huge economic plus for the city of Oshkosh. UTV is the future. No Let 's focus on keeping tourism dollars in Oshkosh not leaving the area every weekend or vacation. 4 passenger UTV's are as big as a car nowadays, yet don't pay any kind of registration fees like autos. It's time to treat ALL UTV's as autos...same fees & requirements. Atv/Utv should be allowed. Why why why is the city considering this? Support your businesses and pass this please! State of Wisconsin Department of Transportation All-Terrain Vehicles and Utility Terrain Vehicles Photo courtesy of the Wisconsin ATV Association State ROW Permits | ATVs/UTVs Registration | Ordinances | Route definition | Routes on state highways | Merrimac Ferry | Trails | Route and trails crossings | ATV route sign permitting | Special signing | Signing FAQs | Contact | Safety Introduction Wis. Stat. s. 23.33 allows all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) to operate on a state highway in certain cases, which are detailed in sections A - C below. An AT V ordinance must be enacted by a municipality and/or county before operation may occur. For the remainder of this webpage, ATVs and UTVs will be labeled collectively as ATVs. Since ATVs are not allowed to operate on interstate highways, none of the information on this webpage applies to interstates. ATV registration All ATV registrations are handled by the DNR – not WisDOT. Go to the DNR's website for more information. ATV ordinances WisDOT does not have approval authority of local government ordinances, nor can WisDOT offer legal advice on how ordinances should be written. WisDOT only reviews ATV ordinances prior to processing traffic signing permit applications for ATV routes to verify that a town, village, city or county has referenced the appropriate sections(s) of s. 23.33 as detailed in sections A - C below. Wisconsin.Gov The Wisconsin DNR does have sample ordinance language in Appendix A of its publication ATV Route Guideline and Suggestions (A Community Official's Handbook). If necessary, consult your local government's corporation counsel or legal representative for advice. ATV routes – definition ATV routes by statute are on the roadway portion of a highway and not the shoulder or other parts of the right-of-way (ROW). A roadway is defined in Wis. Stat. s. 340.01(54) as the, "portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder." On a 2-lane rural highway, the “roadway” is the area between the fog lines (white lines) as shown in picture (1). In an urban area, it is the area between the curbs in picture (2). (1)(2) ► It is important to understand that a roadway is not an ATV route until there is an enacted ordinance and the roadway is signed/posted according to law. ATV routes on state highways The following information is divided into three sections based on current Wisconsin statutes. A - ATV route designation on state highways A town, village, city or county may enact an ordinance under Wis. Stat. s. 23.33(8)(b)1. to designate a highway not under its jurisdiction as an ATV route. In this case, ATV operation on a state highway or connecting highway is allowed only if WisDOT approves the route. WisDOT's approval consists of an ATV route order that is issued for the designated segment of state or connecting highway. WisDOT will review an ATV ordinance to verify that the termini of the designated route is what WisDOT and the municipality or county agreed upon prior to issuing the route order. B - ATV operation on state highways with speed limits of 35 mph or less within municipal boundaries A town, village or city may enact an ordinance under Wis. Stat. s. 23.33(11)(am)4. to authorize the operation of ATVs on a highway that has a speed limit of 35 mph or less and is located within the territorial boundaries of the town, village or city regardless of who has jurisdiction over the highway. In this case, ATV operation on a state highway is not subject to WisDOT approval. WisDOT will review an ATV ordinance to verify that the statute language “authorize the operation” has been used correctly instead of the term “designated." Much of the state highway system operates with speed limits over 35 mph, and these higher speed highways remain off-limits to ATV use without approval from WisDOT. Unless speed limits are set initially by state statutes, all speed limits in Wisconsin must be established through an engineering and traffic investigation, including further modifications that lower or raise speed limits to meet other statutory speed limits . Anyone interested in how speed limits are established is encouraged to view WisDOT’s webpage on the topic. Note: Under s. 349.11(11) , local authorities may post speed limits on highways under their jurisdiction that only apply to ATVs and UTVs that are lower than the speed limits imposed under s. 349.11 or s. 346.57 . C - ATV operation on state highway bridges 1,000 feet or less in length Under Wis. Stat. ss. 23.33(4)(d)3.b. and 11(am)3., ATVs may be authorized to operate on the roadway or shoulder of a highway to cross a bridge 1,000 feet or less in length that is located within the territorial boundaries of a county, city, village or town, regardless of who has jurisdiction over the highway, and only if a county and a city, village or town both enact ordinances that apply to the bridge. In this case, ATV operation on a state highway bridge is not subject to WisDOT approval. Under the law, ATVs must exit the highway as quickly and safely as practicable after crossing the bridge. WisDOT defines this as the first available road designated as an ATV route on either side of the bridge that is not a dead end, or an ATV trail on WisDOT ROW that is established after crossing the bridge in which ATVs may use. A bridge is defined as a structure (bridge, box culvert, etc.) more than 20 feet in length over a navigable waterway, highway or railroad. See Wis. Adm. Rule Trans 212.02(2) and pages from WisDOT's Structure Inspection Manual. WisDOT reviews both municipal and county ATV ordinances developed under the two bridge statutes to verify that: The ATV route has the appropriate termini on each side of the bridge (the first available road or ATV trail as described above) and that both ordinances mention the same roads or trails. All five items listed in s. 23.33(11)(am)3.(a)-(e) are also included, which is required by the statute. The statute language "authorize the operation" has been correctly used instead of "designated." The term "jurisdiction" in sections A - C above refers to maintenance jurisdiction instead of the ROW (fee title) owner or highway easement owner. ATVs using the Merrimac Ferry WisDOT policy is to only approve small segments of the state highway system as ATV routes to assist with local ATV route continuity and when it does not adversely affect the safety, operability, mobility and maintenance of the highway. Currently, there are no continuous local ATV routes in the Town of West Point in Columbia County or the Village/Town of Merrimac in Sauk County that warrant approving state highways 113 and/or 188 in Columbia County, including the ferry, as an ATV route. Therefore, ATVs are not allowed to use the ferry. ATV trails on state highway ROW WisDOT may permit an ATV trail within state highway ROW if sufficient space is available and it would not adversely affect the safety, maintenance and operation of the highway. A DT1504 permit is required and a municipality, county or other governmental agency must be the applicant. Permit requirements are listed in HMM 09-10-11, section 6.3. Go to the state highway connection permits webpage for more information on the permitting process. ATV route or trail crossings of state highways Generally, ATV operators should look for existing driveways, local roads and permitted trail crossings when crossing state highways. This offers the safest path, and it is always the best practice for operators to plan ahead and know locations of legal crossings along their route. Below you will learn more about what to look for and also where there may be some exceptions. The law and roadway crossings Wis. Stat. s. 23.33 establishes many requirements for ATV operators including how to cross any type of roadway. At any location where crossing the roadway with an ATV is legal, and no obstructions such as curbs, a raised median, or fence prevent a safe and quick crossing, s. 23.33(4)(d)1., requires the operator to: Stop completely prior to crossing, Yield to all pedestrians and vehicles of any type using the roadway, and Cross in the most direct manner possible. While the law covers operator behavior, it does not establish the rules about where roadways may be crossed. Those issues are dealt within the highway-related statutes of Wisconsin law. In general, the authority charged with maintaining the highway controls where drivers and people can enter and exit the roadway, including to cross. For town roads, village/city streets, and county highways, the town, municipality, or county will control access to the roadway. State highways are regulated and controlled by WisDOT, which is charged with establishing and maintaining the state highway system. WisDOT sometimes owns the rights to enter the highway from lands, and often controls access to state highways under Wis. Stat. ss. 84.09, 84.25 and 84.295. It is illegal to enter and cross one of those highways except at an authorized location. Identifying a safe crossing Most ATV operators may not know what access restrictions are on state highways. So WisDOT and DNR have developed some basic guidelines to help ATV operators legally cross state highways in the safest manner possible. Look for existing driveways, local roads, and permitted trail crossings. These locations have been authorized by WisDOT. Driveways and road/street/trail connections are reviewed by WisDOT staff for engineering standards such as spacing and proper sight distance. It is better for ATVs to cross at these authorized locations versus other locations, especially on 55 mph highways with high traffic volumes. Motorists expect vehicles to enter and exit the roadway at these known access points. ATVs (and snowmobiles) crossing at unauthorized locations have a higher likelihood of being involved in a serious or fatal crash. Crossing at non-driveway or road locations. WisDOT understands that ATVs operated by farmers, surveyors, utilities, etc., will need to cross a state highway at a location other than a driveway or road to get from one field to another or from one side of the highway to the other. As long as there is low-volume traffic, sufficient sight distance, and no damage done to the ROW, WisDOT will not take steps to prevent these crossings. When safety and highway maintenance are compromised, then WisDOT will take action to block ATV access and seek law enforcement assistance if needed. Operators' role in protecting public assets In addition to reducing the risk of a crash, another important reason for ATV operators to cross state highways at existing driveways, local roads, and permitted trail crossings is to minimize highway ROW damage. When ATVs destroy vegetation or cause rutting, it may lead to embankment erosion and clogged ditches. If ATVs deposit loose gravel and dirt onto the highway surface, it may lead to safety issues, especially for motorcycles. On the right are pictures of illegal crossings and the resulting damage. If the operator(s) responsible for the damage cannot be found, then taxpayer dollars must be used for repairs, which reduces funding that could be used to perform regular highway maintenance. If the operator(s) can be identified, then they may be liable for up to three times the cost to repair the damage under Wis. Stat. s. 86.02. For everyone's safety and well-being, WisDOT recommends that ATVs cross state highways at existing driveways and road/street intersections. Are permits needed for ATV crossings? WisDOT permits are not required in the following situations because vehicular crossings already exist: At town, village, city or county road crossings. For example, ATV routes and trails crossing state highways. From a driveway on one side to a local road on the other side (or vice-versa). From a driveway on one side to a driveway on the other side. WisDOT permits are required in the following situations: Where no current vehicular crossing currently exists. For example, a new trail crossing from public/private property to public/private property. At a T-intersection where a new trail on public/private property would cross a state highway to a local road. Fixing or making improvements to an existing trail connection. Any time excavation, work, or improvement installation occurs in the ROW WisDOT will require installation of a paved apron where an ATV trail connects to the roadway of a state highway. An apron is needed to prevent maintenance issues such as gravel or mud deposits on the roadway surface and to reduce the risk of damage to wing blades when plowing snow. WisDOT may waive or temporarily suspend this requirement if appropriate. A detail drawing will be required as part of the permit. An example is provided showing typical apron dimensions. These dimensions may vary depending on topography, geology, and other local conditions. Consult with WisDOT for apron requirements in areas that have curb and gutter. ATV route sign permitting ATV route signs are required on state highways in order for ATVs to legally operate on them. A traffic signing permit is also required from WisDOT. The application form may be filled out by a local government elected official or employee, or a county highway department may fill it out for the local government. Send the completed permit application to the transportation region office along with a copy of the approved ATV ordinance(s). The permit application must include a map or sketch showing the general location of the signs. Once approved, the permittee orders the signs and related materials. County highway departments typically install signs on state highways since they have expertise with the Wisconsin Manual of Uniform Traffic Control Devices (WMUTCD) and install many WisDOT signs. A municipality may install the signs or hire a licensed contractor with WMUTCD expertise upon prior WisDOT approval. All signs erected must comply with the WMUTCD. Special ATV route signing Under Wis. Stat. s. 23.33(8)(e)3., a town, village, city or county may erect a sign on any highway that crosses its territorial boundary to alert motorists that all highways under its jurisdiction have been designated as ATV routes. On state highways, WisDOT approval is not needed, but a traffic signing permit is still required. The D11-10A sign — similar to the one shown on the left — may be used. The sign size on state highways is 36" x 36." WisDOT will review a town, village, city or county ATV ordinance to verify that it has designated all of its roads as ATV routes prior to granting permit approval to erect the sign on a state highway. Smaller sign sizes may be used on local highways. A white sign with black letters (regulatory sign) may also be used as shown on the right. Consult the person in charge of road maintenance or a county highway department for more information on local road signing. It is important to understand that these signs only apply to town, village, city or county roads under its jurisdiction — not all roads within a municipality or county. For example, a sign with the message, “ALL ADAMS COUNTY ROADS ARE ATV ROUTES EXCEPT AS POSTED," only applies to county-maintained roads — not all town, village or city roads located within Adams County. ATV routes within those jurisdictions would require separate signing at their boundaries. If the D11-10A sign is used, a "NO ATV TRAFFIC" sign (R5-51) may be displayed on any highway where ATVs are prohibited. Since it is a regulatory function, a white sign with black letters must be used. An example is shown on the right. The size on state highways is 24" x 24." Note: The R9-16 sign shown on the left was recently approved for use in the Federal MUTCD on 12/19/23. WisDOT is reviewing the updated MUTCD to determine which revisions will also be implemented into WisDOT's MUTCD. At this time, however, the sign cannot be used on Wisconsin highways. ATV route signing - Frequently asked questions WisDOT has received many questions regarding ATV route signing both on state and local highways. To guide local units of government and ATV clubs on appropriate ATV route signing, this “frequently asked questions” webpage has been established. As more questions are asked of WisDOT, the questions and answers will be posted. 1. Do local units of government have to follow the WMUTCD for ATV route signing? A. Yes, the WMUTCD must be followed on all state and local highways. Per Wis. Stat. s. 349.065, local authorities shall place and maintain traffic control devices upon highways under their jurisdiction to regulate, warn, guide or inform traffic. The design, installation and operation or use of new traffic control devices placed and maintained by local authorities after the adoption of the uniform traffic control devices manual under Wis. Stat. s. 84.02(4)(e) shall conform to the manual. After January 1, 1977, all traffic control devices placed and maintained by local authorities shall conform to the manual. 2. Why is it important to only use signs that are recognized in the WMUTCD? A. It provides consistency for all motorists that travel on all highways throughout the United States. Homemade signs may be hard to read or confuse some motorists. Most importantly, these signs may not be deemed as official if their validity was challenged in court. 3. May the ATV/UTV word signs or ATV/UTV symbol signs shown in pictures (1) or (2) be used on state or local highways? A. No. Neither one of these signs is recognized in the WMUTCD. Only the D11-10 sign in picture (3) may be used. It is also applicable to UTVs. (1)(2)(3) 4. May an ATV route sign be erected on the same post as a STOP sign? A. No. It must be on a separate post. No other sign should interfere with the regulatory importance of a STOP sign. Mount ATV route signs on their own post — not on an existing sign post, utility pole, fence post, etc. 5. May an ATV route sign be placed next to a STOP sign? A. Yes. See diagram (1) below. 6. How far in advance of a STOP sign should an ATV route sign be placed? A. 150 feet. See diagram (2) below. (1)(2) 7. What is the offset from the edge of pavement that an ATV route sign should be placed? A. See question 9. 8. What height should an ATV route sign be placed? A. See question 9. 9. What height should a ATV route sign with an arrow assembly be placed? A. For questions 7-9, see the diagrams in Figure 2A-2 below (amended from the Federal MUTCD). In the picture below, the ATV route sign is placed too low and may pose a hazard if struck by an errant vehicle or motorcycle. The sign must also be placed on its own post. 10. May the ATV symbol be used on an ATV speed limit sign? A. See question 11. 11. May an ATV speed limit sign have green letters on a white background? (1)(2)(3)(4) A. No for questions 10 and 11. The ATV symbol is only recognized in the WMUTCD for guide signs (white lettering on a green background). A speed limit sign is a regulatory sign. It must have black lettering on a white background. The correct design for an ATV limit sign is (4) above. 12. Where does the D11-10A sign need to be placed, i.e., at a municipal or county border, or at the beginning of the ATV route? A. Near the border. Under Wis. Stat. s. 23.33(8)(e)3., “[a] town, village, city, or county may erect a sign on each highway that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county.” 13. May a town, village or city install ATV route signs on a county road? A. Maybe. The maintaining authority of the highway decides who erects ATV route signs on its roads. 14. Do I need a permit to put up ATV route signs? A. On state highways, yes. The WisDOT region office will issue the permit. On municipal and county highways, contact the maintaining authority of the highway. 15. If a route on a local road continues straight at an intersection with a state highway, can you just erect the up arrow, or do you need an ATV route sign and the arrow? A. While an ATV route sign in addition to the up arrow is preferred, on local highways the up arrow by itself would be adequate. On a state highway, the arrow cannot be by itself. 16. Do you have examples of ATV route signing diagrams? A. Yes. Select any of the examples below. Example 1 - Bridge crossing Example 2 - 35 mph speed limit or less and D11-10A signing Example 3 - Bridge crossing, 35 mph speed limit or less, and D11-10A signing Example 4 - Close-up of Example 3 17. When should the PREFERRED sign be used with an ATV route sign? A. Wis. Stat. s. 23.33(8)(e)5. allows a municipality or county to designate a preferred route and erect signs marking the route over highways under their jurisdiction that have been designated as ATV routes. 18. Are U-channel posts okay to use to mount ATV route signs? A. Yes, if installed in accordance with the MUTCD. The WMUTCD did not change the language from the Federal MUTCD. From Section 2A.19, Paragraph 2: "Post-mounted sign and object marker supports shall be crashworthy (breakaway, yielding, or shielded with a longitudinal barrier or crash cushion) if within the clear zone." Section 1A.13 of the MUTCD defines crashworthy: "Crashworthy—a characteristic of a roadside appurtenance that has been successfully crash tested in accordance with a national standard such as the National Cooperative Highway Research Program Report 350, “Recommended Procedures for the Safety Performance Evaluation of Highway Features.” FHWA has issued eligibility letters for sign supports that have passed National Cooperative Highway Research Program Report 350 (NCHRP 350). These letters may be found at this link. On January 1, 2020, NCHRP 350 was superseded by the Manual for Assessing Roadside Hardware (MASH). FHWA is issuing eligibility letters for sign supports that pass MASH. These letters may be found at this link. There are only two letters currently published there. WisDOT's understanding is that both perforated square steel tube post and U-channel posts have passed MASH, and that FHWA just needs to get the letters written and published. 19. Our municipality has developed an ATV ordinance that prohibits ATV operation during the hours of 12AM to 7AM, and proposes ATV speed limits on highways. Understanding the route signing requirements under Wis. Stat. s. 23.33, may signs be erected that would also include these hour restrictions and speed limits as part of the signs? A. No. A municipality or county has the authority to impose hours of operation and speed restrictions in their ordinance. However, those restriction messages, if used, should be posted on supplemental signs using the correct regulatory color scheme - black letters on a white background. They cannot be included on a D11-10 (left) or D11-10A sign (center). Generally, guide signs and regulatory signs should be on separate posts. In this case, it may be better to place the hours’ restrictions underneath the D11-10 sign as a plaque, but still black-on-white so it is regulatory like the example (right). The ATV speed limit sign shown in question 11 #(4) may be on a separate post to the right of these signs. 20. Our municipality has an ordinance that designated all of our highways as ATV and snowmobile routes. Can the D11-10A sign be modified to include this message as shown in picture (1)? A. No. That particular sign is not allowed in the WMUTCD. However, a white sign with black letters (regulatory sign) could be made without the symbols as shown in picture (2). (1)(2) 21. We have several roads with double STOP signs, e.g., signs on both sides of the road as shown in picture (1). Is it okay to place ATV route signs as shown in pictures (2) and (3) below? A. Yes to both situations. This is similar to question 5 only the ATV sign is facing the opposite direction. (1)(2)(3) 22. Where should the ATV Route "END" sign be placed? A. On top as in picture (2) and not in combination as in picture (3). Also, the MK4-6 sign is "END" not "ENDS." (1)(2)(3) 23. Our town has designated all of its roads as ATV routes and wants to use the D11-10A sign on all town roads. If we erect a D11-10A sign near the boundary, what signs would we need to install on the other side of the town road if the neighboring town does not allow ATVs on its roads? A. You would need to erect the MK4-6 sign and the D11-10 sign as shown in question 22, picture (2). 24. Are NO ATV TRAFFIC (R5-51) signs required on a highway that is not designated as an ATV route if it intersects a road that is designated as an ATV route? A. No. However, if ATVs are operating on the non-designated highway, NO ATV TRAFFIC signs should be erected. This is referenced in Wis. Stat. s. 23.33(8)(e)4. 25. A county highway department is requiring the use of the NO ATV TRAFFIC sign in combination with placing a D11-10A sign on every county highway at the mutual county/town boundary since ATVs are not allowed on county roads. Is this permitted? Doesn't Wis. Stat. s. 23.33(8)(e)6. state that, "If a town, village, city, or county erects and maintains signs under subd. 3., the department may not require the town, village, city, or county to erect any additional signs marking the all-terrain vehicle routes within the town, village, city, or county." A. Under s. 23.33(8)(e), . was developed to allow a municipality or county to erect a sign on each highway that crosses its territorial boundary to alert motorists that all highways in the municipality or county have been designated as ATV routes. If D11-10 signs are erected, then a municipality or county does not have to erect signs on all ATV routes as required in subd. 2. Subd. 6., however, does not refer to the R5-51, which is a regulatory sign prohibiting ATV operation. In addition, "the department" refers to the Department of Natural Resources, not a county highway department (CHD). Since the CHD has jurisdiction over the county highways it maintains, it may require R5-51 signs on those highways. 26. Are D11-10A signs mandatory on state and county trunk highways? A. No. Wis. Stat. s. 23.33(8)(e)3., states "may," which is not mandatory. If a municipality has designated all roads under its jurisdiction as ATV routes, the municipality has the option to erect D11-10A signs only on those municipal roads: 3. If a town, village, city, or county designates all highways under its jurisdiction as all- terrain vehicle routes under par. (b)2., the town, village, city, or county may erect a sign on each highway that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county. The signs shall alert motorists that all highways under the jurisdiction of the town, village, city, or county have been designated as all-terrain vehicle routes. 27. If a municipality uses D11-10A signs and it also "authorizes the operation" of ATVs on a STH where the posted speed limit is 35 MPH or less, are D11-10 signs also required? A. Yes. D11-10A signs may be used when a municipality designates all roads/streets under its jurisdiction (maintained by the municipality) as ATV routes under Wis. Stat. s. 23.33(8) (b)2. D11-10 signs are required to denote the 35 MPH (or less) zone limits for ATV operat ion on a STH under Wis. Stat. s. 23.33(11)(am)4. See this diagram for two signing examples. 28. As a result of a recently passed ordinance, a municipality is requiring that our ATV club pay for ATV route signing that will be installed on various roads within its boundaries. We have several businesses that want to help pay for these signs but would like a "sponsorship" sign to also be installed. Getting the extra support from businesses would be a huge help to offset the club's costs for the sign materials and installation. Is this possible? A. No. Only signs that are for guidance and warning of traffic are allowed within highway right-of-way under Wis. Stat. s. 86.19(1) Therefore, sponsorship signs placed next to ATV route signs would be prohibited and subject to removal. Contact WisDOT ▶ For specific questions regarding your ATV situation, click on transportation region office to see a state map with region boundaries and office contacts, telephone numbers and email addresses. For general questions regarding WisDOT ATV policy or this website, contact: Bob Fasick Wisconsin DOT Bureau of Highway Maintenance 4822 Madison Yards Way, 5th Floor South Madison, WI 53705 (608) 266-3438 robert.fasick@dot.wi.gov Stay safe on the road Whether driving a car or operating an ATV, it's important to always eliminate distractions, be patient and stay focused. Motorists who encounter ATVs on the road should slow down and wait for a safe opportunity to pass. ATV riders should always be aware of their surroundings, stick to authorized areas and always use helmets and protective gear. The Wisconsin DNR publishes additional resources on ATV safety and registration. Additionally, interested parties can help spread the word by displaying the Share the Road flyer (pictured right). Contact W isDOT General Contact Information Technical Web Support Contact DMV Media Contacts For ms / Notices Acceptable Use Policy Accessibility Statement Forms Legal Notices Privacy Policy Software Information W isDOT Employees Employee Information HR Self-Service Travel Expenses WisDOT LearnCenter Translate Website Traducir el sitio de web 翻譯網站 Website übersetzen ﻊﻗوﻣﻟا ﺔﻣﺟرﺗ Txhais website 웹 사이트 번역 Перевести сайт Follow Us Copyright © State of Wisconsin All Rights Reserved Wisconsin.Gov Privacy Policy ATV/UTV ORDINANCE – Points of Discussion Where can ATVs/UTVs operate? • All City streets? • Only select routes? • Inversely, specify which streets are NOT open? Winnebago County: Allows operation on all Winnebago highways and roadways. Berlin: All streets, roads, and public alleys, including all state trunk highways if approved by DOT. (Note: Operation on state trunk highways needs to be approved by DOT) Time Limit on Operation • Can operate at any time? • Restriction on certain times of day? • Restriction to certain months? Winnebago County: Can operate at any time Berlin: No operation between 10:00pm to 6:00am Staff Recommendation: No operation between 10:00pm to 6:00am Maximum Speed Limit • Max 35 mph • Just follow speed limit Winnebago County: Follow speed limits Berlin: Max 35 Staff Recommendation: Follow speed limits Who can close routes? • Council? • Chief of Police? • City Manager? Winnebago County: • Permanent closure – highway commissioner can permanently close after review with the highway committee for reasons such as repeated, validated complaints from residents, damage caused by ATV/UTVs, an increase in ADT, or roadway accidents. • Temporary closure – highway commissioner or sheriff can close for construction, emergencies, parades or events. Berlin: “The City or its designee reserves the right to close or modify routes within its jurisdiction at any time.” Staff Recommendation: • Permanent closure, for any reason, needs to be by council. • Temporary closure, for any reason, can be done by police chief. Age Limit/Driver’s License • State law allows individuals as young as 12 to ride, provided they are accompanied by a parent or guardian over 18. If not accompanied, the individual must be 16 to ride on a roadway. • State law does not require a driver’s license. Winnebago County: 16, Driver’s License Required Berlin: 16, Driver’s License Required Staff Recommendation: 16, Driver’s License Required Insurance • State law does not require ATVs to have insurance. Winnebago County: $10k for property damage, $25k for injury or death of one person., $50k for injury or death for more than one person (these are state requirements under § 344.61) Berlin: State requirements under § 344.61 Staff Recommendation: State requirements under § 344.61. Seatbelts • Under state law, UTVs are required to have seatbelts. ATVs are not. • There is no requirement under state law that seatbelts are worn. • Winnebago County: All drivers and passengers must wear seatbelts “if the vehicle is so equipped” Berlin: Silent Staff Recommendation: Wear seatbelts if the vehicle is equipped with them. Lights • State law requires headlamps and tail lamps. UTVs under state law are required to have brake lights. ATVs are not. • There is no requirement under state law that either ATVs or UTVs have turn signals, but operators under state law are required to give hand signals when turning. Winnebago County: All ATV/UTVs must have fully functional headlamps, tail lamps, and brake lights. Berlin: Fully functional headlights, taillight and brake lights. Staff Recommendation: Headlamps, tail lamps, and brake lights. Riding • Single file riding • “Cruising” prohibited. (Running a part of a roadway multiple times, per day, back and forth…) • Prohibition on Open Alcohol (Wis. Stat. 346.935 doesn’t apply to ATVs) Winnebago County: Ordinance requires single file riding. Berlin: No requirements Staff Recommendation: Single file riding, prohibit cruising and prohibit open alcohol. Issues not discussed above, because they are covered under state law • Registration – Generally required to be registered with DNR • Helmets – Required for persons under 18 • Operation – Must operate on right side of roadway • Noise – required to have mufflers T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jim Collins, Director of Transportation D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Regulation of e-bikes (City staff) B A C K G R O U N DBACKGROUND Th ere is g row in g con cern from th e Cou n cil an d th e com m u n ity regardin g e-bik es an d wh ere th ey are allow ed. E-bik es h av e becom e in creasin gly popu lar an d can g o relativ ely fast. Con v ersely, e-bik es m ay be u sed respon sibly an d safely an d can be a g ood option for people w h o m ig h t oth erwise stru gg le with bicyclin g to stay activ e. E-bik es g en erally h av e all rig h ts an d respon sibilities g ran ted by statu te to tradition al bik es. Th is m ean s th ey are allowed on road (w h eth er th ere is a bik e lan e or n ot), on sidewalk s, an d ev erywh ere else bik es are allow ed. A docu m en t sh ow in g w h ere differen t types of dev ices are cu rren tly allow ed in O sh k osh is attach ed. A N A L Y S I SANALYSIS Staff an d th e Tran sportation Com m ittee con sidered m an y option s, in clu din g : 1 . Statu s qu o -- bik es an d e-bik es are allowed on sidew alk s. 2 . Ban all bik es from sidewalk s (bik es m u st be on th e road in th e bik e lan e or in th e trav el lan e). Th is wou ld rem ov e all bik es from sidewalk s for all u sers, reg ardless of ag e or ability. 3 . Bik es an d e-bik es are allow ed on sidewalk s w ith e-bik es operated on ly in pedal m ode (with ou t th e pow er u n it en gaged); wh en operated on pow er, e-bik es m u st be in th e roadw ay or bik e lan e. Th is wou ld be difficu lt to en force. 4 . Desig n ate areas w h ere bik in g is n ot perm itted on th e sidew alk . For exam ple, down town on Main Street, O reg on Street etc. Create a m ap in th e ordin an ce an d in stall sig n ag e. It w ou ld be difficu lt to com m u n icate an d sig n so th at riders u n derstan d wh ere th ey are proh ibited. 5 . R estrict bik es an d e-bik es on sidew alk s wh ere a bu ildin g abu ts th e sidewalk (or wh ere a bu sin ess's in gress an d eg ress abu ts th e sidew alk , wh ich is basically th e sam e th in g ). Bicycle ridin g on sidew alk s is perm itted, except as proh ibited in th is su bsection or oth erwise regu lated by th e m u n icipal code. Th is w ou ld regu late th e larg est con cern , w h ich is con flicts between all types of bicycles an d th ose pedestrian s en terin g an d exitin g bu ildin gs. B O A R D /C O M M I S S I O N I N F O R M A T I O NBOARD/C O M M I S S I O N I N F O R M A T I O N Th e Tran sportation Com m ittee recom m en ds approv al of option 5 (4 -0 ). F I S C A L I M P A C TFISCAL I M P A C T Th e fiscal im pact of th is proposed ordin an ce is v ery m in im al. R E C O M M E N D A T I O NRECOMMENDATION Staff recom m en ds tak in g a m easu red approach th at can be rev isited if n ew issu es arise. At th is tim e, staff recom m en ds con tin u in g to allow bik es on sidewalk s bu t restrictin g bik es on sidewalk s w h ere bu ildin g s abu t th e sidew alk . Th is approach w ou ld allow th e u se of e-bik es in power m ode in areas with ch allen g in g grades, an d areas n ear Hw y. 4 1 , for exam ple. Howev er, th e approach wou ld restrict th e u se of bik es an d e-bik es on sidewalk s in areas th at h av e th e m ost poten tial for bicycle an d pedestrian con flicts. Th e O sh k osh Police Departm en t is th e m ost con fiden t in th is option . It sh ou ld be n oted th at in areas wh ere bik es an d e-bik es wou ld rem ain perm itted to u se sidew alk s an d park trails, th ere are restriction s in place requ irin g th at bik es an d e-bik es yield to pedestrian s an d trav el safely. As n oted abov e, it sh ou ld also be n oted th at if issu es con tin u e, addition al ordin an ces cou ld be con sidered in th e fu tu re, in clu din g th e addition of design ated areas, th e proh ibition of e-bik es operatin g in power m ode, or th e proh ibition of all bik es on sidew alk s. A t t a c h m e n t sAttachments Traffic Regulations Graph T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Julie Calmes, Finance Director D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Special Assessment Deferral Policy (City staff) B A C K G R O U N DBACKGROUND Th e City Cou n cil directed Pu blic Work s, Fin an ce, an d th e City Attorn ey's office to rev iew th e special assessm en t ordin an ce an d brin g forth recom m en ded ch an ges to allow for deferred special assessm en ts. City staff brou g h t a draft proposal to Cou n cil at th e Ju ly 8 , 2 0 2 5 , Cou n cil m eetin g. Du rin g Cou n cil discu ssion at th at m eetin g , it was recom m en ded th at staff m ak e addition al rev ision s an d th en brin g th e rev ised policy lan gu age to th e Lon g R an ge Fin an ce Com m ittee to rev iew . As directed, staff prov ided th e attach ed poten tial rev ision s to Ch apter 2 0 an d Ch apter 2 1 of th e m u n icipal code, for discu ssion pu rposes, at th e O ctober 1 , 2 0 2 5 , Lon g R an ge Fin an ce Com m ittee m eetin g . A N A L Y S I SANALYSIS As part of th is process, Ch apter 2 0 Plu m bin g h as som e proposed u pdates to n ot requ ire im m ediate con n ection on ce city serv ices are in stalled du rin g pu blic con stru ction projects. Priv ate O n site Wastewater Treatm en t System (PO WTS) an d priv ate wells will n ot n eed to be aban don ed u n til th e system s n o lon g er fu n ction s or prov ides safe drin k in g water. Som e of th e proposed ch an ges to Ch apter 2 1 Special Assessm en ts/Con n ection s Ch arg es in clu de: Sin g le-fam ily residen tial properties, th at is th e ow n er's prim ary residen ce, wou ld h av e th e option to defer th e special assessm en t/con n ection ch arg es in terest free for a m axim u m of ten (1 0 ) years. Th ere was Cou n cil discu ssion if th is sh ou ld be av ailable to all properties or n ot? Lon g R an ge Fin an ce felt th at it m ade sen se th at th is sh ou ld be av ailable to all residen tial an d agricu ltu ral properties. Property own ers can m ak e v olu n tary paym en ts u pon th e am ou n t du e at an y tim e. Deferred assessm en ts/ch arg es w ill becom e du e an d payable in fu ll u pon an y of th e follow in g: Sale of th e property. Tran sfer of title to th e property by estate, gift or an y oth er m ean s to an yon e oth er th an th e spou se of th e property ow n er wh o elected deferm en t. Th e property ow n er wh o elected deferm en t ceases to u se th e property as th eir prim ary residen ce. Th e property is su bdiv ided an d an y portion of th e property is sold or tran sferred, in clu din g with ou t lim itation , by Certified Su rv ey Map (CSM) or Plat, or by dev elopm en t as a con dom in iu m . A twen ty (2 0 ) year in stallm en t option w as added. F I S C A L I M P A C TFISCAL I M P A C T Th e City in cu rs debt to fu n d th ese projects, an d partially relies on special assessm en t paym en ts for debt serv ice. Th e poten tial lack of paym en ts du e to deferrals adds an estim ation ch allen g e, as paym en t beh av iors v ary--som e assessm en ts are paid im m ediately, oth ers on a plan , an d n ow som e cou ld be deferred. Th is v ariability com plicates th e City's ability to accu rately forecast h ow th is policy rev ision wou ld im pact th e City's bu dget. A t t a c h m e n t sAttachments Chapter 20 Chapter 21 City of Oshkosh Municipal Codes Revised CHAPTER 20 PLUMBING SECTION 20-8 PLUMBING PERMITS, PLAN EXAMINATIONS AND APPROVAL (C) Mandatory Connection Required All existing, new and annexed buildings located within the City of Oshkosh shall comply with this code section. 1. All buildings provided with a sanitary drain and vent system shall be connected to the public sanitary sewer system in compliance with this chapter. During public construction projects, every building shall have a public service lateral terminating at the property line installed. Buildings with a sanitary drain and vent system that discharge to an existing Private Onsite Wastewater Treatment System (POWTS) shall abandon such system and connect to the public sanitary sewer system at such time as the system no longer functions. No new POWTS may be constructed when public sewer is available. 2. All buildings provided with a potable water distribution system shall be provided with an approved supply of potable water. Private wells properly permitted and metered may serve as an approved supply for the distribution system. During public construction projects, every building shall have a public service lateral terminating at a curb stop installed. The installation of a private side service lateral from the public service lateral to the inside of the building may be deferred until such time as a private well onsite no longer provides safe drinking water. 1. All buildings provided with a sanitary drain and vent system shall be connected to the public sanitary sewer system in compliance with this chapter. Buildings with a sanitary drain and vent system that discharge to a Private Onsite Wastewater Treatment System (POWTS) shall abandon such system and connect to the public sanitary sewer system when a public sanitary sewer main is determined to be available to the property. Notice to abandon any such Private Onsite Wastewater Treatment Systems shall not extend the time for compliance beyond one year after the date sewer is made available to the property. 2. All buildings provided with a potable water distribution system shall be provided with an approved supply of potable water. Private wells properly permitted and metered may serve as an approved supply for the distribution system. Every building with a potable water distribution system shall have a private water service lateral from the public potable water system to the inside of the building's occupied space, terminating with a building control valve. 3. (a) All buildings regulated by the City's Subdivision Ordinance shall be provided with a foundation drain tile sump pump system that connects to the public storm sewer system or discharges to other acceptable points as required by the City's Subdivision Ordinance, Section 30-445(C)(5). City of Oshkosh Municipal Codes Revised (b) All new buildings with a storm drain foundation system shall be connected to the public storm sewer system in compliance with all applicable chapters or discharge to other acceptable points as required by the City's Subdivision Ordinance, Section 30-445(C)(5). If the public storm drainage system is not available to the property at the time of construction then the property owner will be required to apply for the installation of and connect to the public storm drainage system within 12 months after installation of the public storm drainage system. (c) All existing buildings with a foundation drain system in operation on April 1, 2017 shall be permitted to stay in operation as long as it does not create a nuisance to the public and are not connected to the sanitary sewer system. If a building in existence on April 1, 2017 does not have a foundation drain system and a foundation drain system is installed on the property, the system may be connected, but shall not be required to connect, to the public storm drainage system. The foundation drain system shall be installed in compliance with all applicable codes so as to not create a nuisance to the public. SECTION 20-12.2 PRIVATE WELLS (A) Filling and Sealing Required. All private wells located on any premises, which is served by the public water system of the City shall be properly filled by July 1, 1993 or at the time of connection to the City's water supply system, whichever occurs later. Only those wells for which a well operation permit has been granted by the City Plumbing Inspector may be exempted from this requirement. The City Plumbing Inspector shall order filled any well in this City which tests unsafe for use, which is not in current use, or which is non-complying with Chapter NR 812, Wisconsin Administrative Code. The owner or occupant must demonstrate compliance with NR 812 through a signed statement from a State certified well driller or pump installer. The owner or occupant of the property upon which such well is located shall fill such well in accordance with Section NR 811.17 or Section 812.26, Wisconsin Administrative Code, within thirty (30) days after receipt of notice from the City Plumbing Inspector. (B) Well Operation Permit. A permit may be granted to a well owner to operate a well for a period not to exceed three (3) years if the following requirements are met. Application shall be upon forms provided by the City Plumbing Inspector. This permit may be renewed at its expiration for additional periods, each additional period not to exceed three (3) years, if all the following requirements continue to be met: (1) The well and pump installation meet or are upgraded to meet the requirements of NR 812, Wisconsin Administrative Code, and certification of the acceptability of the well has been granted by a state certified well driller or pump installer and a copy of this certification accompanies the application for issuing or reissuing of a permit. (2) The well has a history of producing safe water and presently produces bacteriologically and City of Oshkosh Municipal Codes Revised chemically safe water as evidenced from laboratory tests by a laboratory certified by the Wisconsin Department of Health and Social Services or the Wisconsin State Laboratory of Hygiene. Such evidence shall include bacteriological sampling, consisting of obtaining a minimum of 2 consecutive safe samples taken a minimum of 2 weeks apart prior to issuing or reissuing the permit and shall accompany the application. T(3) The proposed use of the well can be justified as being necessary in addition to water provided by the public water system at the time of issuance or reissuance of the permit. Reserved. (4) No physical connection shall exist between the piping of the public water system and the private well, which fact shall be certified by the City of Oshkosh plumbing inspector and shall accompany the application for issuance or reissuance of a permit. (5) The well and pump installation is in present use. (6) A well permit application fee shall be paid at the time of application for the issuance or reissuance of the permit. Fees shall be determined according to the inspection fee schedule and will be established by resolution. (C) Report and Inspections. An abandonment report form, supplied by the Department of Natural Resources shall be submitted by the well owner to the City Plumbing Inspector, and the Department of Natural Resources within ten (10) days of the completion of the well abandonment. (D) State Department of Natural Resources Regulations Adopted. The rules and regulations pertaining to private wells as promulgated by the Wisconsin Department of Natural Resources, specifically Chapters NR 811 and NR 812, Wisconsin Administrative Code, together with any future renumberings, additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. City of Oshkosh Municipal Code Revisions thru City of Oshkosh Chapter 21 – Page 1 Municipal Code CHAPTER 21 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS / CONNECTION CHARGES ARTICLE I. SPECIAL CHARGES 21-1 Special Charges ARTICLE II. SPECIAL ASSESSMENTS 21-2 Special Assessments Policy 21-3 Special Assessments Authorized 21-4 Certification of Final Assessments / Notice of Election of Installment Payments 21-4.2 Payment of Connection Charges 21-5 Payment in Full; Payment in Full with Property Tax bill; Deferment of Special Assessments and Connection Charges (For Water and Sewer Utilities only) or Election of Installment Plan 21-6 Five-Year Installment Plan 21-7 Ten-Year Installment Plan 21-8 Fifteen-Year Installment Plan 21-8.2 Twenty-Year Installment Plan 21-9 Prorated Interest 21-11 Special Assessments – Deferred Payment 21-12 Severability PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its residents and business owners through the installation, construction, reconstruction and maintenance of public works and facilities including but not limited to water mains, services, and appurtenances; sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances; public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated amenities. The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable funding sources for these purposes which may include public financing through bonding or other means as provided within this Chapter including special assessments, special charges, financing through utilities and payment of connection charges by properties that abut public improvements which have not previously paid toward those improvements when those properties annex/attach to the City. The City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code), wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code) and hereby authorizes the use of special charges, special assessments and connection charges for costs City of Oshkosh Municipal Code Revisions thru City of Oshkosh Chapter 21 – Page 2 Municipal Code associated with those utilities. ARTICLE I. SPECIAL CHARGES SECTION 21-1 SPECIAL CHARGES Special Charges may be imposed against real property for current services rendered by allocating all or part of the cost of the service, together with an administrative fee as may be adopted by Resolution of the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such charge is specifically authorized by a specific provision within this Municipal Code, such provision shall constitute notice of the special charge, except as additional notice may be required by statute or ordinance. ARTICLE II. SPECIAL ASSESSMENTS SECTION 21-2 SPECIAL ASSESSMENTS POLICY The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept on file in the Office of the City Clerk, the Finance Departmentpublished on the city’s website and available through in the Office of the City Engineer within the Department of Public Works. for the City of Oshkosh. Copies of the Policy shall be available for public inspection during usual business hours. SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED (A) In addition to any other methods provided by law, the cost of installing, constructing or maintaining any public improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service and special assessments may be levied against the properties benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the City’s Special Assessment Policy. Any assessments not provided for within the policy or deviations from the provisions of the Special Assessment Policy shall be specifically approved by the Common Council. Upon certification, property owners may pay the assessment in accordance with the following sections. (B) Any special assessment levied under this ordinance shall be a lien against the property assessed from the date of the final resolution determining the amount of the levy. (C) Any person against whose property a special assessment is levied may appeal therefrom in the manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the date of the final resolution. City of Oshkosh Municipal Code Revisions thru City of Oshkosh Chapter 21 – Page 3 Municipal Code SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF INSTALLMENT PAYMENTS (A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in Section 66.0713 of the Wisconsin Statutes. (B) Upon certification of the project by the Board of Public Works: (1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has determined to permit collection of the same in annual installments as specified in this Article and the initial and final resolutions of Council. (2) The Finance Director shall notify all property owners who are eligible to make an election for payment under the provisions of this Article that they shall have thirty (30) days from the date of the notification to select a payment option. (C) The election to utilize an installment plan as provided in Sections 21-6 through 21-8 below shall be made in writing by the property owner on forms supplied by the Finance Department. (D) Property owners may be provided the option to defer payment of special assessment charges or the payment of connection charges, as defined in section 21-4.2 below, for a period not to exceed ten (10) years as provided within this Chapter. At the time of actual connection or the expiration of the deferral period, the property owner shall be required to pay special assessments/connection charges whether or not actually connected to the public system. SECTION 21-4.2 PAYMENT OF CONNECTION CHARGES Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission, property annexing or attaching to the City which have not previously been assessed or otherwise paid for a public benefit that abuts the property shall be invoiced and pay a connection charge, which is calculated at rates equal to the special assessments previously levied against benefiting properties located within the City limits for public storm sewer, public sanitary sewer main and/or public water main, at such time as the annexation procedure is officially completed. At the time an annexation petition or request for attachment is filed or at a date no later than 3 months prior to the date established by an applicable boundary agreement for area attachments, the Department of Community Development shall provide the property owner(s) an estimate of any anticipated connection charges and information pertaining to options for payment and shall notify the Department of Public Works and Finance Director of the pending annexation or attachment. After final council action on the annexation/attachment, the Finance Director shall notify all property owners of the actual amount of the connection charge(s) and if property owners are eligible to make an election for deferment of the charges or payment under the provisions of this Article, that the property City of Oshkosh Municipal Code Revisions thru City of Oshkosh Chapter 21 – Page 4 Municipal Code owner shall have thirty (30) days from the date of the notification to select a deferment or payment option. The election to defer the collection of the assessment or to utilize an installment plan as provided in Sections 21-6 5 through 21-8 below shall be made in writing by the property owner on forms supplied by the Finance Department. A property owner selecting a deferment plan who within the deferment period connects to public sanitary sewer and/or public water must either pay the connection charge/special assessment at the time of connection or select a payment option at the time of connection. The payment plan shall not extend beyond thirty years from the original certification date of the special assessments and the Finance Director is hereby authorized to adjust the apportionment of principal and interest in installments as may be necessary under the options defined below as may be necessary to ensure payment in full within this period. SECTION 21-5 PAYMENT IN FULL; PAYMENT IN FULL WITH PROPERTY TAX BILL; DEFERMENT OF SPECIAL ASSESSMENTS AND CONNECTION CHARGES (FOR WATER AND SEWER UTILITIES ONLY); OR ELECTION OF INSTALLMENT PLAN Upon notification by the Finance Director pursuant to Section 21-4 or 21-4.2 above or connection to the public system, an owner may select from the following options for payment of the Special Assessment or Connection Charges: 1) The owner may pay the special assessment/connection charge in full prior to November 1st; 2) the owner may elect to pay the entire assessment/connection charge on that year’s property tax bill; 3) the owner of a single-family residential property, that is the owner’s primary residence and which is not connected to the water and/or sewer utility mains, may elect to defer payment of new utility special assessment charges or connection charges for a period not to exceed ten (10) years. Deferment shall be without interest during the initial ten (10) year period. During the deferment period the owner may choose to make voluntary payments upon the amount due at any time. Any special assessment or connection charge that has been deferred under this paragraph shall be due and payable in full upon any of the following: a. sale of the property. b. Transfer of title to the property by estate, gift or any other means to anyone other than the spouse of the property owner who elected deferment. c. The property owner who elected deferment ceases to use the property as their primary residence. d. The property is subdivided and any portion of the property is sold or transferred, including, without limitation, by CSM or Plat, or by development as a condominium. 1)4) Or the owner may select one of the installment plans provided below. SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN The first installment shall include a one-fifth (1/5) portion of the principal of the assessment/connection City of Oshkosh Municipal Code Revisions thru City of Oshkosh Chapter 21 – Page 5 Municipal Code charge. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of six (6) percent per year upon the unpaid portion of such assessment/connection charge. SECTION 21-7 TEN-YEAR INSTALLMENT PLAN (A) The property owner shall be deemed to accept this plan unless the property owner pays the amounts due by November 1st in accordance with section 21-5 or files with the Finance Director an election to pay the special assessment/connection charge in accordance with sections 21-6 or section 21-8 or 21-8.2. (B) The first installment shall include a one-tenth (1/10) portion of the principal of the assessment/connection charge. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of six (6) percent per year upon the unpaid portion of such assessment/connection charge. SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN The first installment shall include a one-fifteenth (1/15) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year’s interest at the rate of six (6) percent per year upon the unpaid portion of such assessment. SECTION 21-8.2 TWENTY-YEAR INSTALLMENT PLAN The first installment shall include a one-twentieth (1/20) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year’s interest at the rate of six (6) percent per year upon the unpaid portion of such assessment. SECTION 21-9 PRORATED INTEREST Any property owner on an installment basis may pay all remaining installments, or any part thereof, together with interest at the rate of six (6) percent per year through the day of receipt of payment, provided, however, that between November 1 and December 31 of each year, the one (1) installment with interest which is placed on the current tax roll must be paid as shown on the tax roll. SECTION 21-12 SEVERABILITY In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :November 4, 2025, City Hall: Pu blic h earin g for 2 0 2 6 City of O sh k osh O peration s Bu dget (5 pm ) Work sh op to discu ss th e proposed pedestrian bridge an d an y follow-u p from th e operation s bu dget (im m ediately follow in g pu blic h earin g) D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Appointment to fill Council vacancy, November 25, 2025 B a c k g r o u n dBackground Th e O sh k osh Com m on Cou n cil is acceptin g application s from city residen ts to fill a v acan cy of an at-large cou n cil seat. Th e term of th e appoin ted Com m on Cou n cil m em ber w ou ld ru n th rou gh April 2 0 2 6 . Th e process is ou tlin ed below, an d th e sam e in form ation can be fou n d on ou r website at osh k osh w i.g ov /citycou n cil/cou n cil_v acan cy.aspx. In terested citizen s m u st su bm it a letter of in terest, resu m e an d Cou n cil Can didate Q u estion n aire to th e City Clerk n o later th an 4 :3 0 PM on Wedn esday, Nov em ber 1 2 R equ irem en ts: 1 8 years of age U.S. Citizen R esiden t of th e city Q u alified to reg ister to v ote Fin d all m in im u m qu alification s on th e Wiscon sin Election s Com m ission 's website Com pleted application s m ay be em ailed, sen t v ia th e U.S. Postal Serv ice, or h an d deliv ered to th e O ffice of th e City Clerk at City Hall (2 1 5 Ch u rch Av e.) Em ail: city_clerk @osh k osh wi.gov O ffice of th e City Clerk City of O sh k osh P.O . Box 1 1 3 0 O sh k osh , WI 5 4 9 0 3 -1 1 3 0 Applican t in form ation w ill be forwarded to City Cou n cil m em bers an d w ill be m ade av ailable to th e pu blic in th e office of th e City Clerk an d on lin e (a lin k to su bm itted application s can be fou n d on th e Cou n cil v acan cy page) Applican ts will m ak e brief presen tation s at th e Com m on Cou n cil m eetin g on Tu esday, Nov em ber 2 5 at 6 PM Th ere will th en be an opportu n ity for pu blic com m en ts, Com m on Cou n cil discu ssion , an d fin ally, Cou n cil will v ote an d m ak e an appoin tm en t th at n ig h t. T O :T O :Honorable Mayor and Members of the Common Council F R O M :F R O M :Jon Urben, General Services Manager D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Professional Services Agreement with Total Security and Safety Inc. for 2026 Loss Prevention Services ($73,920.00) B A C K G R O U N DBACKGROUND In th e past, th e city h as in cu rred th ou san ds of dollars of property dam ag e an d v an dalism to v ariou s m u n icipal bu ildin g s. Sin ce 2 0 2 4 , th e city h as u tilized th e serv ices of Total Secu rity an d Safety In c. to assist with patrollin g city facilities an d m on itorin g activ ity on city property. Variou s departm en ts, in clu din g Tran sportation , Park s an d Police, h av e u tilized th e serv ices to assist with protectin g m u n icipal bu ildin gs an d to h elp m itig ate an y loss from v an dalism , dam age or oth er v iolation s. Th ese serv ices prov ided a v isible presen ce to patrol m u n icipal bu ildin g s an d areas to v erify win dow s an d doors w ere secu re an d to en su re u n au th orized people were n ot in specific areas after h ou rs. Th ese serv ices also m on itored bu ildin gs for an y dam ag e or v an dalism , an d look ed for an d respon ded to an y aban don ed property, all in accordan ce with th e city's m u n icipal code. Th ese serv ices w ork ed closely w ith th e Police Departm en t an d prov ided n ig h tly log s of du ties perform ed. Staff for th ese serv ices will w ear Total Secu rity an d Safety u n iform s an d m ay carry item s su ch as cell ph on es, k eys or flash lig h ts. Th ese staff do n ot carry firearm s or oth er weapon s. Total Secu rity an d Safety In c. h as perform ed sim ilar serv ices for oth er organ ization s an d h as been com plim en ted for th eir profession alism , com m u n ication an d follow-u p. Staff h as been v ery satisfied with th e perform an ce of Total Secu rity an d Safety In c. It is th e recom m en dation of th e Police an d participatin g departm en ts th at th is serv ice con tin u e in to 2 0 2 6 . A N A L Y S I SANALYSIS Police an d Safety staff solicited a proposal from Total Secu rity an d Safety In c. to con tin u e th ese serv ices for 2 0 2 6 . Staff rev iew ed th e proposal an d recom m en ds ren ew al of th e con tract for 2 0 2 6 . F I S C A L I M P A C TFISCAL I M P A C T Th e total fiscal im pact of Total Secu rity an d Safety In c.'s proposal for th ese serv ices betw een Jan u ary 1 -Decem ber 3 1 , 2 0 2 6 is a n ot to exceed cost of $7 3 ,9 2 0 .0 0 . Th ese serv ices w ill be ch arg ed to th e 2 0 2 6 In su ran ce O peratin g Bu dg et A/N#: 0 1 0 0 0 1 2 0 6 4 1 2 0 0 0 0 (In su ran ce- Fixed Ch arges). R E C O M M E N D A T I O NRECOMMENDATION Ch apter 1 2 of th e Mu n icipal Code of th e City of O sh k osh prov ides th at profession al serv ices of a specialized n atu re, in clu din g th ese serv ices, m ay be procu red with ou t th e u se of a com petitiv e biddin g or qu otation process. In accordan ce with Section 1 2 -1 6 of th e Code, an d becau se th is serv ice is less th an $7 5 ,0 0 0 , I am h ereby su bm ittin g th is report. Please con tact m e if you h av e an y qu estion s abou t th is ag reem en t. TO:Honorable Mayor and Members of the Common Council FROM:Rebecca Grill, City Manager DATE:October 28, 2025 SUBJECT:Professional Services Agreement with Donohue & Associates, Inc. for Engineering Services for Wastewater Treatment Plant HVAC Replacements ($71,285.00) BACKGROUND A proposal w as requ ested from Don oh u e & Associates, In c. (Don oh u e) for prov idin g en gin eerin g serv ices for design an d biddin g serv ices for replacem en t of th e Wastew ater Treatm en t Plan t HVAC. Th e serv ices to be prov ided w ill in clu de preparin g biddin g docu m en ts describin g th e w ork to rem ov e th e existin g HVAC u n its an d in stall replacem en t HVAC system s an d assistin g th e City w ith th e pu blic biddin g process. WWTP's h av e specific n eeds to con sider du rin g desig n , in clu din g th e possibility of n eedin g tem porary system s to m ain tain safe air qu ality an d qu an tity. ANALYSIS Don oh u e was ch osen for th ese serv ices du e to th eir k n owledge of WWTP an d th eir experien ce w ith th is type of w ork at m u n icipal w astew ater facilities. FISCAL IMPACT Th e cost of th e proposal is $7 1 ,2 8 5 . Fu n din g for th is Project is av ailable in th e 2 0 2 5 Capital Im prov em en ts Prog ram (Accou n t No. 0 3 2 2 1 9 1 0 -7 2 0 4 -6 4 1 5 0 /Sew er Capital Fu n d-Bu ildin gs & Bu ildin g Im prv m ts/WWTP Bu ildin g Im prov em en ts). RECOMMENDATION Chap ter 12 of th e Mu n icipal Code of th e City of O sh k osh prov ides th at profession al serv ices of a specialized n atu re m ay be procu red w ith ou t th e u se of form al, sealed qu otes. In accordan ce w ith Section 12-16 of th e Code, I am h ereby su bm ittin g th is report regardin g th is profession al serv ices agreem en t. Please con tact m e if you h av e an y qu estion s con cern in g th is profession al serv ices agreem en t. Atta chments 26-16 Donohue Proposal D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Downtown plan update B a c k g r o u n dBackground See article 2 of th e attach ed City Man ag er's n ew sletter from O ctober 1 0 th for back grou n d in form ation . A t t a c h m e n t sAttachments Downtown Oshkosh Redevelopment Opportunities 10.10.25 Newsletter Downtown Oshkosh Redevelopment Opportunities Common Council – October 28, 2025 City of Oshkosh 2000 Downtown Action Plan 2014 Riverfront Visioning Summary Report •Minutes from presentation at 1/13/2015 meeting 2017 Imagine Oshkosh: A Master Plan for our Center City •Video of presentation from Houseal Lavine ; Video of discussion to approve the plan, same meeting •Imagine Oshkosh: Existing Conditions Report 2018 City of Oshkosh Comprehensive Plan Update 2040 ; Future Land Use Map (Draft) •Video of presentation from ECWRPC at 9/25/2018 meeting •2024 Downtown Visualization ; Downtown Visualization Main Image •Downtown Redevelopment Plan Presentation o Common Council May 28, 2024 – video of presentation o Parks Board July 8, 2024 – video of presentation Downtown Plans Across 25 years, five major plans reinforce riverfront property as key redevelopment sites: • 2000: Connectivity & infill • 2014: Activate riverfront • 2017: Mixed-use catalyst site • 2018: Mixed-use/high-density vision • 2024: Concept renderings for cohesive downtown riverfront vision Consistent Vision Across Plans Based on the public process, nine critical focus areas were created: 1.Maximize economic development and land use opportunities within Downtown Oshkosh and along the Fox River 2.Create a special place to celebrate community life 3.Celebrate the city’s cultural heritage and enhance its civic image 4.Provide safe, efficient, and convenient vehicle and pedestrian transportation and circulation throughout the City and make downtown user-friendly 5.Maximize riverfront linkages and pedestrian connectivity to the downtown and surrounding community 6.Create open spaces and recreational activities and promote environmental preservation 7.Enhance and maintain the public realm 8.Increase downtown residential development 9.Establish mechanisms to make plans happen 2000 Action Plan 2017 Imagine Oshkosh 2024 Downtown Redevelopment Plan CITY CENTER REDEVELOPMENT BLOCK DOWNTOWN IMPROVEMENT RECOMMENDATIONS – CATALYST SITE Owned by Bayshore Development II, LLC Address: 101 Commerce Street, Oshkosh Details: •Single structure with frontage on Commerce Street and Pearl Avenue. •Two-story office and retail building •Approximately 100,540 gross square feet (97,260 square feet of rentable area). •First floor is occupied by various retail shops known as the Shops at City Center. •The majority of the building, approximately 86,234 square feet, is occupied by a local corporate headquarters. City Center Properties Unit 1 Unit 2 is owned by City Center Associates, LLC with a mailing address of 201 Pearl Avenue, and consists of a multi-tenant office/retail building with frontage along Pearl Avenue, Division and Jackson Streets. Unit 2 has a gross building area of approximately 357,208 square feet (not including the parking ramp) and is a mix of one and two-story structures. The building is occupied by various tenants, including retail shops, office uses, a daycare, a restaurant and the United States Social Security office. City Center Properties Unit 2 Recent History Date Details Misc 5/28/24 Common Council Presentation – Downtown Redevelopment Plan video of presentation 7/8/24 Parks Board Presentation – Downtown Redevelopment Plan 7/3/24 and 8/27/24 Res 24-469 **Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval . https://youtu.be/Xg1- wUppzkw?si=MMRfKkWStHycY3p4&t=1291 ; RES 24-469 GDP SIP 400 City Center 7/3/24 and 8/27/24 *Ord 24-438 Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU -RFO) to Central Mixed-Use District with Riverfront and Planned Dev Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval)Held over until applicant requests reconsideration 10/22/24 City Hall Facilities Study View Agenda Item; Video of presentation ; PDF presentation of City Hall options; Full 2024 facilities study (PDF) 11/12/24 Closed Session (re city hall), Tuesday, November 26th, after Council meeting View Agenda Item 10/14/25 Closed Session (re downtown redevelopment plan)View Agenda Item Questions : TO: Honorable Mayor and Members of the Common Council FROM: Rebecca Grill, City Manager DATE: October 10, 2025 RE: Weekly Newsletter 1. COUNCIL WILL SEEK APPLICATIONS FOR VACANT SEAT: Next week, the Oshkosh Common Council will open the process to fill a vacant seat on the Council. There is now a seat open due to the resignation of Council Member Kris Larson. “I would like to thank Mr. Larson for his dedicated service to the City of Oshkosh,” said Mayor Matt Mugerauer. “We are, without a doubt, better off because of his service. While he will be missed on Council, I’m confident that Kris will continue to strongly advocate for ways to make Oshkosh a better place to live, work, play, and invest.” In accordance with Wisconsin State Statutes, in the event of a vacancy on the Council, applications are solicited from residents interested in filling the vacant position. Applicants will have 30 days to submit their applications, at which point the Common Council will review the application materials. Applicants will be asked to make a five-minute presentation at the Tuesday, November 25, 2025, meeting of the Oshkosh Common Council, and Council will vote and make an appointment at the meeting that night. More information about the position and the process will be available on the City’s website beginning next week. For questions regarding this process, please contact the Oshkosh City Manager’s office at citymgr@oshkoshwi.gov or (920) 236-5002. 2. MAJOR OPPORTUNITY: CITY CONSIDERS MOVING FORWARD WITH DOWNTOWN REDEVELOPMENT PLAN: The City of Oshkosh has a unique opportunity to acquire the property commonly known as the City Center, a site already fostering a variety of successful businesses that contribute to the area's vitality. This opportunity provides the ability to invest in our community's future and align the area with the Downtown Redevelopment Plan to further enhance its status as a vibrant destination. The October 14, 2025 Council agenda will include the following item for closed session: “potential redevelopment and/or acquisition of property located at 101 Commerce Street and 201 Pearl Avenue in the City of Oshkosh, commonly known as City Center.” Should the Council give direction to explore this opportunity further, the item will appear on future agendas for public input, discussion and consideration. This location is considered a catalyst site in the Downtown Redevelopment Plan, located on the City’s Planning Services page. If the Council eventually decides to move forward with the acquisition of the property, it will be the first step for future redevelopment. This property, with its prime riverfront location, holds even greater potential for transformative growth. Through the initial acquisition of this site, the City of Oshkosh — on behalf of residents — will have a stronger influence on its future and strategically guide Oshkosh’s continued trajectory as a premier destination. This potential purchase is a crucial investment into Oshkosh’s future because it is expected to create a more vibrant destination for both residents and visitors. Creative deliberation and redevelopment of this riverfront parcel are anticipated to build on downtown Oshkosh’s current position as a major regional draw. Furthermore, revitalizing the location is important for our financial success as a community. By redeveloping this key parcel and others, we can build a dependable tax base for years to come, which can help reduce the property tax burden on homeowners. If you wish to share comments or have questions, please contact my office, citymgr@oshkoshwi.gov or (920) 236-5002. 3. TRANSPORTATION COMMITTEE MEETING MOVED TO MONDAY: Due to the City of Oshkosh Common Council budget workshop next week, the Transportation Committee meeting for October has been moved to Monday, October 13th at 4:00pm in Room 404 of City Hall (215 Church Ave). The agenda for the meeting and related materials can be found on the City’s online document center. 4. ROAD CLOSURE OF INTERSECTION OF WEST SOUTH PARK AVENUE AND NEBRASKA STREET: The City of Oshkosh would like to notify residents that the intersection of West South Park Avenue and Nebraska Street will be closed beginning the week of October 13th due to the Nebraska Street Sanitary Interceptor Sewer Construction Project (Project) happening in that area. Construction is expected to take approximately three weeks, with the intersection planned to be open by October 31st. The work for this Project, being conducted by general contractor Advance Construction, consists of the public construction of sanitary sewer, concrete pavement, and sidewalk on Nebraska Street. If you wish to receive e-mailed construction updates for this Project, Contract 25-02, please visit our Public Works Email Distribution Lists page and follow the instructions at the top of the page. If you have any questions, please contact Construction Management Supervisor Craig Ramthun. 5. GET INVOLVED IN A BOARD OR COMMISSION: If you are interested in serving your community, consider becoming a member of one of the City’s citizen advisory boards, commissions, or committees. There are current openings on the following boards and commissions: Board of Review Board of Zoning Appeals Landmarks Commission Long Range Finance Committee Plan Commission Transportation Committee To learn more about the boards and commissions, or to complete an application to serve, visit our boards and commissions webpage. If you have questions about current openings, the process of appointment, or need more information about a particular board, please contact the City Manager’s Executive Assistant, Kami Zuercher, by email (kzuercher@oshkoshwi.gov) or call 920-236-5002. D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Current initiatives A t t a c h m e n t sAttachments 10.28.25 Current Initiatives City of Oshkosh Status of Current Initiatives Date of Initial Request Affected Department(s) (if applicable) Initiative Current Status Next Status Report/Update Other Notes 11/26/2024 Public Works / Finance / Legal Special Assessment Deferral Policy Long Range Finance Committee discussed the draft policy at their October meeting. 10/28/2025 Staff is bringing the feedback from Long Range Finance to Council for discussion and direction at the October 28th meeting. 8/12/2025 Legal / Police / Transportation ATV/UTV Ordinance At their August 12th meeting, Council discussed the possibility of adding an ordinance allowing ATVs and UTVs to operate in the city at their August 12th meeting. It was referred to the Transportation Committee for a recommendation, using the Winnebago County ordinance as a starting place for their discussion. 10/28/2025 At their 10/13 meeting, Transportation Committee discussed the issue and did not make a recommendation. The item is being brought back to Council for discussion and direction to staff at the October 28th meeting. 10/28/2025 D A T E :D A T E :October 28, 2025 S U B J E C T :S U B J E C T :Background information for closed session B a c k g r o u n dBackground Th e Down town R edev elopm en t Plan , created in May 2 0 2 4 , ou tlin es h ow im portan t th e dev elopm en t of O sh k osh 's Dow n tow n area is to th e fu tu re of O sh k osh . Th e plan specifically em ph asizes th e n eed for m ore in v estm en t in th e dow n tow n reg ion . By in v estin g in u n deru tilized or v acan t properties, th e city can stim u late econ om ic growth , im prov e in frastru ctu re, an d attract n ew bu sin esses an d residen ts. Th is n ot on ly rev italizes areas in n eed bu t also in creases property v alu es, leadin g to h ig h er tax rev en u es ov er tim e. City staff h av e been h av in g in form al con v ersation s with th e own ers of th e City Cen ter property for th e last few years abou t possible acqu isition an d poten tial redev elopm en t of th e property. Th e own ers, Bay Sh ore Dev elopm en t II, LLC an d City Cen ter Associates, LLC, h av e n ow approach ed th e City abou t acqu irin g an d redev elopin g th e City Cen ter properties. Staff is seek in g Cou n cil g u idan ce an d direction in order to proceed. Th e City Cen ter property is a form er u rban m all property con stru cted in 1 9 7 0 an d con sistin g of sev eral bu ildin gs, com m on areas an d park in g facilities bou n ded by Com m erce Street on th e east, Jack son an d Div ision Streets on th e west, Pearl Av en u e on th e n orth an d th e Fox R iv er on th e sou th . Th e parcel is cu rren tly u n der a con dom in iu m form of ow n ersh ip with 2 u n its. Un it 1 is own ed by Baysh ore Dev elopm en t II, LLC w ith a m ailin g address of 1 0 1 Com m erce Street, O sh k osh an d con sists of a sin gle stru ctu re w ith fron tage alon g Com m erce Street an d Pearl Av en u e. Un it 1 is a tw o-story office an d retail bu ildin g w ith approxim ately 1 0 0 ,5 4 0 g ross squ are feet (9 7 ,2 6 0 squ are feet of ren table area). Th e first floor is occu pied by v ariou s retail sh ops k n ow n as th e Sh ops at City Cen ter. Th e m ajority of th e bu ildin g, approxim ately 8 6 ,2 3 4 squ are feet, is occu pied by a local corporate h eadqu arters. Un it 2 is own ed by City Cen ter Associates, LLC with a m ailin g address of 2 0 1 Pearl Av en u e, an d con sists of a m u lti-ten an t office/retail bu ildin g with fron tag e alon g Pearl Av en u e, Div ision an d Jack son Streets. Un it 2 h as a g ross bu ildin g area of approxim ately 3 5 7 ,2 0 8 squ are feet (n ot in clu din g th e park in g ram p) an d is a m ix of on e an d tw o-story stru ctu res. Th e bu ildin g is occu pied by v ariou s ten an ts, in clu din g retail sh ops, office u ses, a daycare, a restau ran t an d th e Un ited States Social Secu rity office. Th e pu rpose of th e closed session is to discu ss bargain in g option s, strategy, param eters an d term s related to th e poten tial redev elopm en t an d/or acqu isition of th e City Cen ter property.