HomeMy WebLinkAbout09-64MARCH 10, 2009 09 -64 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ADDENDUM TO AGREEMENT FOR WASTEWATER
TREATMENT BETWEEN THE CITY OF OSHKOSH AND BLACK
WOLF SANITARY DISTRICT NO. 1
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Addendum to Agreement for Wastewater Treatment Between the City of Oshkosh and
Black Wolf Sanitary District No. 1 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.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
—
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TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: March 6, 2009
RE: Amendment to Agreement with Town of Black Wolf Sanitary District
BACKGROUND
The City entered into an agreement with the Black Wolf Sanitary District (District) in
1988. The City agreed to receive and treat wastewater from the District. This
agreement also established a schedule for future residential connections. This
connection schedule expired in 2008.
ANALYSIS
The 1988 agreement states "Future allotments of residential connections shall be
established for 10 year periods and shall fairly reflect grow trends in the district and City
areas, demand for connections in the District, treatment capacity, as well as the intent of
this Agreement as set forth in the Preamble." The District has agreed to a schedule for
new connections at eight per year for the next tent years. This is the same limit per the
previous schedule for the years 1999 to 2008.
FISCAL IMPACT
No anticipated fiscal 'impact by approval of this
RECOMMENDATION
Staff recommends approval of the resolution.
Respectfully Submitted,
--! C1, V14--K
David C. Patek
Director of Public Works
ution.
Approved:
Mark A. Rohloff
City Manager
0
ADDENDUM TO AGREEMENT FOR WASTEWATER TREATMENT
BETWEEN THE CITY OF OSHKOSH AND
BLACK WOLF SANITARY DISTRICT NO.1
Addendum dated this day of , 2009 between the City of
Oshkosh ( "City ") and the Black Wolf Sanitary District No. 1 ("District ").
Recitals
A. The City and the District have entered into an agreement for wastewater treatment
dated August 16, 1988, as modified from time to time (together "Agreement ").
B. Article III.B.of the Agreement contains a "Residential Connection Schedule."
The parties wish to amend this Schedule, as noted below.
C. All other terms and conditions of the Agreement shall remain in full force and
effect until and unless modified in writing. .
In consideration of the recitals set forth above, the parties agree as follows:
1. Modification of Residential Connection Schedule From the date of this
Agreement and continuing for the next 10 years from the date of this Agreement the District is
hereby allotted 8 new connections per year. The Residential Connection Schedule set forth in
Article III.B. is amended to reflect this revision.
2. Reaffirmation of Agreement The parties reaffirm the remaining terms and
conditions of the Agreement, which will remain in full force and effect except as modified by
this Addendum.
3. Effective Date This Agreement will become effective upon execution by the
authorized representatives of both the District and the City.
Dated as of the date set forth above.
TOWN OF BLACK WOLF SANITARY CITY OF OSHKOSH
DISTRICT NO. 1
Charles Linde, Chairman City Manager
By:
City Clerk
By:
City Attorney