HomeMy WebLinkAbout08-85MARCH 11, 2008 08 -85 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH TOWN OF BLACK WOLF
SANITARY DISTRICT NO. 1
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement between the Town of Black Wolf Sanitary District No. 1 and City of Oshkosh is
hereby approved and 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.
AGREEMENT BETWEEN TOWN OF BLACK WOLF
SANITARY DISTRICT NO. 1 AND CITY OF OSHKOSH
Agreement dated this day of , between Town of
Black Wolf Sanitary District No. 1 ( "District ") and the City of Oshkosh ( "City ").
Recitals
A. The District and the City have entered into various agreements regarding
the transportation and treatment of sewage originating from the District;
B. The parties have determined that a certain amount of sewage has been
unmetered resulting in the non - payment of treatment fees from at least 1991 through
2006, estimated to be in the amount of $14,73 5.26, which amount is more particularly
described in the attachment (together described as the "Dispute "); and
C. The District and the City wish to completely and forever resolve the
Dispute pursuant to the terms of this Agreement;
NOW, THEREFORE, in consideration of the above recitals and the mutual
promises made in this Agreement, the parties agree as follows:
1. Settlement The District agrees to pay and the City agrees to accept, as a
complete and final settlement of the Dispute, the sum of $14,735.26. Said sum shall be
payable within 30 days of the execution of this Agreement by the authorized
representatives of the parties.
2. Mutual Release The District and the City, for themselves and for their
respective officers, representatives, agents, successors, predecessors and assigns, do
hereby irrevocably release and forever discharge each other, and their respective officers,
representatives, agents, successors, predecessors and assigns from any and all claims,
demands, actions, causes of action, losses, expenses, damages, costs, attorneys' fees,
obligations and liabilities, of every kind or nature, whether asserted or unasserted and
whether known or unknown, arising out of or in any way relating to the Dispute.
Notwithstanding the foregoing, nothing in this mutual release shall apply to or affect any
of the obligations set forth in this Agreement.
3. Warranties and Representations Each party hereto represents and warrants
and agrees that in executing this Agreement, it has carefully read and considered this
Agreement and fully understands its contents and that the Agreement has been executed
by its authorized representatives.
4. No Admission of Liability Each party hereto understands and
acknowledges that this Agreement is solely for the purpose of avoiding the expense and
inconvenience of dispute resolution and shall not be construed as an admission of any
wrongful conduct or liability whatsoever.
5. Interpretation of Agreement This Agreement has been negotiated at arms'
length between persons knowledgeable of the matters addressed herein. Accordingly,
any rule of law or any legal decision that would require interpretation of any ambiguities
in this Agreement against the party that drafted it is of no application and is hereby
expressly waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to effectuate the intentions of the parties hereto.
6. Other Agreements This Agreement is not intended to modify or amend
other agreements that remain in full force and effect between the District and the City.
However, this Agreement does constitute the entire understanding and agreement
between the parties regarding the Dispute.
IN WITNESS WHEREOF, each of the parties has executed this Agreement as of
the date written above.
TOWN OF BLACK WOLF SANITARY
DISTRICT NO. 1
B
Charles Linde, Chairman
Attest:
0
District Secretary
CITY OF OSHKOSH
By:
Attest:
Pamela R. Ubrig, City Clerk
City Manager
2
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Unpaid Treatment Fees
Unmetered
Adjusted
Treatment Fees
Year
Treatment Fees
Total Hookups
Hookups
Hookups*
Owed **
1991
$
33,563.73
636.5
9.67
626.83
$
517.78
1992
$
35,510.78
633
11.67
621.33
$
666.97
1993
$
36,592.59
637
12.75
624.25
$
747.39
1994
$
41,447.36
647
13
634
$
849.87
1995
$
43,671.32
651
13
638
$
889.85
1996
$
44,536.31
652.5
13
639.5
$
905.35
1997
$
42,745.21
662.5
13
649.5
$
855.56
1998
$
41,450.52
672.5
13
659.5
$
817,07
1999
$
46,936.80
680.5
13
667.5
$
914.12
2000
$
54,798.19
687.5
13
674.5
$
1,056.15
2001
$
67, 683.34
694.5
13
681.5
$
1,291.10
2002 -
$
58,329.42
703.5
13
690.5
$
1,098.16
2003
$
64,140.92
713.5
13
700.5
$
1,190.34
2004
$
61,911.32
714.5
13
701.5
$
1,147.32
2005
$
61,657.01
716
13
703
$
1,14017
2006
$
63,223.36
718
13
705
$
1,165.82
TOTAL
$
14,735.26
*Adjusted Hookups
= Total Hookups - Unmetered Hookups
* *Treatment Fees Owed = (Treatment Fees / Adjusted Hookups) *
Unmetered Hookups