HomeMy WebLinkAboutOshkoshWaterSystemWaterSupplyServiceAreaPlanCity of Oshkosh Water System
Water Supplier Service Area Plan
Draft
December 2025
Prepared for:
City of Oshkosh
City of Oshkosh Water System
Water Supplier Service Area Plan
260102002307_c761a57c iii
Contents
Volume 1
Acronyms and Abbreviation ........................................................................................................................................... v
1.Introduction ..................................................................................................................................................... 1-1
1.1 Water Supply Service Area Plan ............................................................................................................... 1-1
2.Delineated Water Supply Service Area ...................................................................................................... 2-1
2.1 Service Area Population .............................................................................................................................. 2-5
2.2 Service Area Land Use .................................................................................................................................. 2-5
3.Public Water Supply System Description ................................................................................................. 3-1
3.1 Sources of Water Supply ............................................................................................................................. 3-2
3.2 Water System Water Withdrawals ............................................................................................................ 3-3
3.3 Water Filtration Plant ................................................................................................................................... 3-3
4.Possible Area Water Supply Sources ......................................................................................................... 4-5
4.1 Water System Lake Winnebago Source of Supply ............................................................................ 4-5
4.2 Alternatives to the Existing Water System Source of Supply ....................................................... 4-5
5.Water Use by Customers ............................................................................................................................... 5-1
5.1 Non-revenue Water ....................................................................................................................................... 5-1
5.2 Water Conservation ....................................................................................................................................... 5-3
5.3 Metered Water Customers .......................................................................................................................... 5-3
5.4 Ten Largest Customers ................................................................................................................................ 5-3
6.Water-Demand Forecasts ............................................................................................................................. 6-1
6.1 Water System Capacity Study ................................................................................................................... 6-1
6.1.1 Water-Demand Forecasts Summary ...................................................................................... 6-1
7.Plan to Meet Projected Water Demand ..................................................................................................... 7-1
8.Consistency with Other Plans ...................................................................................................................... 8-1
9.Intergovernmental Agreements and Approvals ..................................................................................... 9-1
10.Public Participation and Implementing the Plan ................................................................................ 10-1
11.References ..................................................................................................................................................... 11-1
Appendices
A Final City of Oshkosh Water System Capacity Study
B Intergovernmental Utility Service Agreements
C Public Participation Materials (To be included following public participation.)
City of Oshkosh Water System
Water Supplier Service Area Plan
iv 260102002307_c761a57c
Tables
Table 2-1. Current and 2040 Planned Service Area Land Use Inventory ................................................................. 2-6
Table 2-2. Attachment Areas Summary ................................................................................................................................. 2-7
Table 5-1. Ten Largest Water Utility Customers ................................................................................................................. 5-4
Figures
Figure 2-1. Land Use, Service, and Attachment Areas in 2015 .................................................................................... 2-2
Figure 2-2. Land Use, Service, and Attachment Areas in 2040 .................................................................................... 2-3
Figure 2-3. Water Supply Service Area ................................................................................................................................... 2-4
Figure 2-4. Historic and Projected City Population ........................................................................................................... 2-5
Figure 3-1. City of Oshkosh Water System ............................................................................................................................ 3-2
Figure 3-2. WFP Treatment Process Flow Diagram ........................................................................................................... 3-4
Figure 3-2. City Water Filtration Plant Site ........................................................................................................................... 3-4
Figure 5-1. City Water Use in 2015 and 2024 ..................................................................................................................... 5-1
Figure 5-2. City Metered Customers ........................................................................................................................................ 5-3
City of Oshkosh Water System
Water Supplier Service Area Plan
260102002307_c761a57c v
Acronyms and Abbreviation
ADD average day demand
City City of Oshkosh
ECWRPC East Central Wisconsin Regional Planning Commission
GIS geographic information system
gpm gallons per minute
HLPS high-lift pump station
Jacobs Jacobs Engineering Group, Inc.
LF linear feet
LLPS low-lift pump station
MDD maximum day demand
mgd million gallons per day
PSC Public Service Commission of Wisconsin
WASD Winnebago Area Sanitary District
WDNR Wisconsin Department of Natural Resources
WSSA water supply service area
WSSAP Water Supply Service Area Plan
WFP Water Filtration Plant
City of Oshkosh Water System
Water Supplier Service Area Plan
260102002307_c761a57c 1-1
1.Introduction
1.1 Water Supply Service Area Plan
Wisconsin Administrative Code Chapter NR 854 Water Supply Service Area Plans (NR 854) establishes
procedures and requirements for the preparation of water supply service area plans for public water
systems that serve over 10,000 people and withdraw water from the waters of the state. NR 854
requires a water supply service area plan (WSSAP) be prepared by December 31, 2025, and be
reviewed and updated as needed every 5 years.
The City of Oshkosh (City) owns and operates a public water system that serves over 67,000 people
and is required to prepare a WSSAP. The WSSAP compliments other water system planning resources
used by the City, including the following:
Sanitary Survey Report for the Water Supply System Serving the City of Oshkosh (Wisconsin
Department of Natural Resources [WDNR] 2025) – performed every 3 years.
Final City of Oshkosh Water System Capacity Study (Jacobs 2019).
City of Oshkosh Water Utility Asset Management Plan Update (Jacobs 2020).
City of Oshkosh 2025 – 2034 Capital Improvement Program (City 2024a) – updated annually.
City of Oshkosh 2025 – 2029 Capital Improvement Plan (City 2024b) – updated annually.
2024 Risk Management Program/Process Safety Management Plan (Jacobs 2024) – updated
every 5 years.
City of Oshkosh Water Utility Emergency Response Plan (Jacobs 2021) – updated every 5 years.
City of Oshkosh Risk and Resilience Assessment (Jacobs 2025) – updated every 5 years.
The planning period for the WSSAP must be at least 10 years and not more than 20 years.
The selected planning period for the WSSAP is 15 years, extending to 2040, to coincide with water-
demand forecasts prepared as part of the Final City of Oshkosh Water System Capacity Study (Jacobs
2019).
The WSSAP was developed largely on the basis of the conclusions and recommendations of the above
resources along with information from City of Oshkosh Water Utility Annual Reports to the Public
Service Commission of Wisconsin (PSC).
The WSSAP does need to be submitted, reviewed, or approved by the WDNR because the City is not
seeking a new or increased diversion of Great Lakes water.
City of Oshkosh Water System
Water Supplier Service Area Plan
260102002307_c761a57c 2-1
2.Delineated Water Supply Service Area
The City public water system is in Winnebago County, Wisconsin, and serves customers primarily
located within the City municipal boundary. Through an intergovernmental agreement, the City
provides water service to approximately 103 customers in the Town of Oshkosh in an area referred to
as the Winnebago Area Sanitary District (WASD). Through intergovernmental agreements with the
Town of Algoma, the Town of Nekimi, and the Town of Black Wolf, the City can provide water service
when requested by and available to customers located in designated attachment areas. Figures 2-1
and 2-2 from the Final City of Oshkosh Water System Capacity Study (Jacobs 2019) show the actual
2015 and projected 2040 land use, service area, and attachment areas. For additional details, refer to
Appendix A.
In 2020, the City entered into an intergovernmental agreement to serve approximately 103 people
within the WASD located in the Town of Oshkosh. The WASD has historically received water and
wastewater services from the State of Wisconsin Winnebago Mental Health Institute, a customer of the
City’s water and wastewater utilities. When the State of Wisconsin discontinued its utilities services, the
WASD was formed and entered into a direct service agreement with the City. The Winnebago Area is
depicted in Figure 2-3.
The City water supply service area is within the jurisdiction of the East Central Wisconsin Regional
Planning Commission (ECWRPC), which assists local governments to ensure a regionally coordinated
approach to planning. Neither the ECWRPC nor the WDNR has formally delineated a City of Oshkosh
water supply service area (WSSA); however, a formal WSSA delineation would be established in the
event the City proposed to request a new or increased Great Lakes water diversion.
The WSSAP integrates service area population, land use, economic, and housing projections prepared
by the ECWRPC in the City of Oshkosh Comprehensive Plan Update 2040 (ECWRPC 2018) and used in
the Final City of Oshkosh Water System Capacity Study (Jacobs 2019).
Lake Butte des Morts
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BLACK WOLF RURALPRESERVATION AREA
TOWN OF BLACKWOLF PROTECTEDAREA
BLACKWOLF UNDETERMINEDCITY EXPANSION AREA
Figure 2-1 Land Use, Service, and Attachment Areas in 2015
City of OshkoshWater Utility
/LegendCity Service Area 20152015 Land UseOtherResidential
Center City Mixed UseGeneral and Neighborhood CommercialInterstate CommercialIndustrial and Commercial Mixed Use
Prepared by:
Lake Butte des Morts
Lake Winnebago
Fox
R
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v
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r
W 9TH AVE
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TOWN OF BLACKWOLF PROTECTEDAREA
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Figure 2-2 Land Use, Service, and Attachment Areas in 2040
City of OshkoshWater Utility
/LegendCity Service Area 20402040 Land UseOtherResidential
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Prepared by:
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City of OshkoshMunicipalBoundary Area
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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
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Printing Date: 12/8/2025Prepared b y: Cit y of Oshko sh , W I
1 in = 3,589 ft
1 in = 0.68 mi
City of Oshkosh Water System
Water Supplier Service Area Plan
260102002307_c761a57c 2-5
2.1 Service Area Population
Currently, the City provides water service to the City population of about 67,000, the WASD, and a
small number of customers located in designated attachment areas outside the City municipal
boundary.
Figure 2-4 shows the population projections for the City used in the development of water-demand
forecasts prepared by the State of Wisconsin Department of Administration and ECWRPC. Between
2010 and 2015, the population in the City is estimated to have grown by 1.2 percent, the same as
the state (1.2 percent) and outpacing the estimated growth in Winnebago County (0.9 percent).
The City is expected to grow by 11.7 percent between 2010 and 2040 (ECWRPC 2018).
The ECWRPC projections level off in year 2030 due to anticipated conditions of low birth and high
death rates. To account for the inherent uncertainty in population projections, a distribution of
values was input into the forecasting model, with the median probability given to the ECWRPC
population projections. The range of the distribution accounts for inherent uncertainty in population
projections and population in the portions of designated attachment areas anticipated to receive
water service by 2040.
Figure 2-4.Historic and Projected City Population
Source: Final City of Oshkosh Water System Capacity Study (Jacobs 2019).
The estimated population of the City of Oshkosh in 2025 is about 67,2421 aligning with the lower
end of the projection range and about 5 percent less than the median. The City’s approximate
0.5 percent annual increase in population is similar to the average for the state of Wisconsin.
2.2 Service Area Land Use
The following analysis of service area land use is from the Final City of Oshkosh Water System Capacity
Study (Jacobs 2019). For additional details, refer to Appendix A. The City encompasses 14,870 acres
1 World Population Review, https://worldpopulationreview.com/us-cities/wisconsin/oshkosh
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
1970 1980 1990 2000 2010 2020 2030 2040 2050
Po
p
u
l
a
t
i
o
n
YearEWRPC Projection Historic Population
5th percentile
95th percentile
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of land, with about 51 percent (7,610 acres) in use by water customers. Table 2-1 lists the 2015 and
planned 2040 service area land use inventory. By 2040, an estimated additional 2,560 acres within
the City will be developed for use by water customers. This land is currently available for
development/redevelopment.
The total combined (Town of Algoma, Tower of Nekimi, and Town of Black Wolf) designated attachment
area is 10,788 acres. The City currently provides water service to about 1,040 acres and anticipates that
by 2040 an estimated additional 1,200 attachment area acres will be served (Table 2-2).
Land use and associated water utility billing data were analyzed to develop water-duty factors for different
types of customer land use, including mixed use, i.e., combined commercial and industrial areas.
Table 2-1. Current and 2040 Planned Service Area Land Use Inventory
2015 Land Use,a Acres 2040 Planned Land Use,b acres
Land Use Acres
Agriculture 842
Commercial 1,161
Government 1,034
Infrastructure 370
Multifamily 808
Parking Lot 40
Public Park 556
Rec-Open Space 543
School 440
Single-Family 3,548
Two-Family 371
Vacant Land 1,510
Total 14,870
Land Use Acres
Center City 388
Community Facility 3,105
General and Neighborhood
Commercial 863
Industrial 2,823
Interstate Commercial 1,176
Light-Density Residential 5,032
Medium- and High-Density
Residential 1,094
Park 1,337
Quarry 122
Railroad ROW 136
Total 16,076
a City Geographic Information System (GIS) files are source of current land use data.
b ECWRPC GIS files are the source of planned land use data that includes portions of designated attachment
areas.
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Table 2-2. Attachment Areas Summary
Community Total Acres
Attachment Area
Acres
Attachment Area
Acres Served in
2015
Estimated
Attachment Area
Acres Served by
2040
Town of Algoma 6,191 2,437 727 1,587
Town of Nekimi 10,040 7,175 281 281
Town of Black Wolf 18,436 1,175 35 35
Town of Oshkosha 6,144 not applicable not applicable 346
Total 34,668 10,788 1,043 2,249
a
provisions for City services in designated attachment areas, the City currently serves some Town areas
including the Winnebago Area and will serve an additional estimated 346 acres by 2040.
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3.Public Water Supply System Description
The City public water system is composed of Lake Winnebago water supply intakes, the Water Filtration Plant
(WFP), finished water storage facilities, and a distribution system. The distribution system consists of nearly
300 miles of water mains, finished water pump stations, and elevated storage tanks.
Water produced at the WFP is conveyed by high-lift and booster pumps through distribution system water
mains. Water is stored in WFP clearwells and elevated tanks in the system. Typically, over 90 percent of the
City’s water demand is served by the main pressure zone, with pressures ranging from 40 to 75 pounds per
square inch. The remainder of system demand is met by the high (Southwest) pressure zone, which is a
boosted zone with pressures ranging from 47 to 87 pounds per square inch.
The distribution system currently consists of the following major components (Figure 3-1):
Over 2.4 million gallons of finished water storage at the WFP.
WFP high-lift pump stations (HLPSs) with emergency backup power: 1985 HLPS/LLPS with 13.6 million
gallons per day (mgd) firm capacity and 2009 HLPS with 4 mgd firm capacity.
Southwest Washburn Booster Pump Station, 3 mgd firm capacity with emergency backup power.
Oakwood Road, Knapp Street, Ripple Avenue pressure-reducing valves to allow high-pressure-zone water
to supplement supply in the main pressure zone and to manage water age.
4.25 million gallons of elevated storage in the distribution system.
Construction of a major WFP capital project, the Clearwells Replacement Project, will begin in 2026. This
completed project will reduce the WFP onsite storage capacity to 2.0 million gallons and high-lift pumping
capacity to 13.7 mgd with facilities that comply with current regulations and meet projected system needs
through 2040.
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Figure 3-1. City of Oshkosh Water System
gpm = gallons per minute
In addition to water supply, treatment, and conveyance facilities, the water system is supported by water
distribution system maintenance personnel and equipment based in the City of Oshkosh Water Distribution
Headquarters and utility finance, engineering, and City information technology network based in City Hall.
3.1 Sources of Water Supply
Raw water is supplied from Lake Winnebago to the WFP via intakes and low-lift pump station (LLPS).
The following are characteristics of the existing raw water intakes:
60-inch intake pipe, 2,540 linear feet (LF) long – primary intake, in service with maximum capacity of
16 mgd.
36-inch intake pipe, 1,800 LF long – backup intake, not operable due to condition and performance issues
with theoretical capacity of 10 mgd.
24-inch intake pipe, 900 LF long – backup intake, not in service but operable during emergency conditions
with effective capacity of 6 mgd.
24-inch intake, 1,200-LF long – backup intake, not in service but operable during emergency conditions
with effective capacity of 6 mgd.
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260102002307_c761a57c 3-3
3.2 Water System Water Withdrawals
Table 3-1 lists the total annual and average daily volumes of water withdrawn from Lake Winnebago.
Table 3-1. Annual and Average Daily Water Withdrawal
Year Total Annual Water Withdrawal
(000’s gallons)
Average Daily Water Withdrawal
(000’s gallons)
2015 2,251,999 6,170
2016 2,113,408 5,790
2017 2,171,949 5,951
2018 2,181,775 5,977
2019 2,176,783 5,964
2020 2,121,797 5,813
2021 2,267,027 6,211
2022 2,149,769 5,890
2023 2,143,079 5,871
2024 2,165,441 5,933
3.3 Water Filtration Plant
The City owns and operates a 16-mgd capacity WFP that has been in service since 1999. The water system
source of supply is Lake Winnebago, a surface water source that is naturally subject to seasonal periods of
high-turbidity water and algal blooms. Figure 3-2 shows the surface water treatment process flow diagram.
The WFP facilities include LLPSs, Rapid-Mix Channels, Flocculation Basins, Sedimentation Basins, Dual Media
Filters, Ozone Contactors, Granular Activated Carbon Contactors, a Chlorine Contact Time/Backwash Supply
Basin, a Backwash Recovery Basin, Clearwells, and HLPSs. Refer to Figure 3-2. The WFP houses storage and
feed systems for treatment chemicals including chlorine, ammonia, oxygen, aluminum sulfate, cationic
polymer, sodium hydroxide, phosphoric acid, and fluoride. Lake Winnebago supply water intake pipes convey
raw water to the LLPSs and finished water transmissions convey finished water from the HLPSs to the
distribution system. The WFP is configured in two parallel 8-mgd capacity treatment trains.
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Figure 3-2. WFP Treatment Process Flow Diagram
The WFP site has served as the location for water supply and treatment facilities since the late 1800s.
The WFP 9-acre parcel is bound on the north by a public park and beach, on the east by Lake Winnebago, on
the south by the National Register-listed Washington Avenue Historic District, and on the west by single-
family residences (Figure 3-2). The WFP is adjacent to popular public access to Lake Winnebago for sailing,
fishing, boating, and swimming. Consequently, water system security, functional, and aesthetic requirements
are important considerations in the operation and maintenance of the WFP.
Figure 3-2. City Water Filtration Plant Site
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260102002307_c761a57c 4-5
4.Possible Area Water Supply Sources2
In Winnebago County in the vicinity of the City, there are several sources of drinking water supply including
surface water from the Fox and Wolf rivers and their associated lakes and reservoirs (the Lake Winnebago
Pool) and groundwater from sandstone, dolomite, and sand and gravel aquifers. Water sources are hard and
generally require treatment for municipal and industrial use. Lakes and rivers are subject to urban pollutants
and seasonal algal blooms. Groundwater in Winnebago County is very hard and subject to naturally occurring
contaminants including iron, manganese, and radium A saline water zone borders the eastern edge of the
county and underlies areas of Neenah-Menasha and Oshkosh.
A thick, southeastward-dipping sandstone aquifer, yielding as much as 1,000 gpm (1.4 mgd) to municipal
and industrial wells, underlies Winnebago County. A dolomite aquifer in the eastern and southern part of the
county yields as much as 50 gpm. Sand and gravel layers and lenses in bedrock in northwestern Winnebago
County and in the upper Fox River valley yield as much as 50 gpm to wells.
4.1 Water System Lake Winnebago Source of Supply
In the vicinity of the City’s water system, Lake Winnebago is the most abundant and sustainable source of
supply compared to other possible sources of supply. Lake Winnebago is one of the Winnebago Pool lakes
along with Lake Butte des Morts, Lake Winneconne, and Lake Poygan. Water levels in the Winnebago Pool
lakes have been managed by the United States Army Corps of Engineers since the late 1880s to protect
communities from flood risks and to balance the navigational, recreational, and environmental objectives of
these critical water resources.
Lake Winnebago is an abundant source of supply even though it has been subject to historical periods of
drought over the past 150 years. During drought periods, the United States Army Corps of Engineers
manages lake levels with dam operation to meet water resources community and ecological performance
objectives. The City has never needed to restrict customer water use due to drought conditions.
Lake Winnebago is a sustainable source of supply because City water utility customers are also City
wastewater utility customers, and the City’s wastewater treatment plant discharges to the Fox River.
4.2 Alternatives to the Existing Water System Source of Supply
Alternatives to a Lake Winnebago supply include local river surface intakes and groundwater wells. These
alternative sources of supply would require the construction to new conveyance (pump station and pipelines)
and treatment facilities to meet regulated drinking water regulations. These alternative sources would have
greater environmental adverse impacts, the result of decreasing stream flow to river habit and decreasing
aquifer levels. Given regulatory requirements to provide the most cost-effective service and selecting water
infrastructure alternatives that will result in minimal environmental impacts, alternative sources of supply are
not viable to implement with the existing water system infrastructure and unlikely to be approved by the PSC
and WDNR.
2 Olcott, Perry G., Geology and Water Resources of Winnebago County, Geological Survey Water-Supply Paper 1814. 1966.
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5.Water Use by Customers
Figure 5-1 shows water use by customer class for 2015 and 2024. Table 5-1 lists customer water use, water
pumpage, and water loss information for the past 10 years. The City completes a water use audit that aligns
with American Water Works Association M36 Manual – Water Audits and Loss Control Programs as part of its
annual reporting to the PSC.
Figure 5-1. City Water Use in 2015 and 2024
2015 Water Use by Customer Class 2024 Water Use by Customer Class
5.1 Non-revenue Water
Non-revenue water is water that has been “lost” before it reaches the customer. Losses can be real losses—
physical water losses through leaks or apparent losses—or water losses from inaccurate metering or theft.
In the past 10 years, City percent water loss and non-revenue water has ranged from 11 to 28 percent.
Because the City water system is a Class AB utility with water loss in excess of 15 percent, Wisconsin
Administrative Code Chapter PSC 185 Standards for Public Water Utility Service requires the City to conduct
leak surveys for 3 consecutive years and repair leaks. For over 10 years, the City has complied with this
requirement. To further reduce non-revenue water, the City maintains a meter testing and repair program and
estimates authorized—and unauthorized—unbilled water use.
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Table 5-2. Water Use Summary 2015–2024
Gallons per Year
Year
Residential
(000's)
Multifamily
Residential
(000's)
Commercial
(000's)
Industrial
(000's)
Public
(000's)
Total Water
Sales (000's)
Entering
Distribution
System (000's)
Total Water
Loss
(000's)
Non-Revenue
Water (000's)
Non-Revenue
Water, %
2015 750,044 172,988 317,203 196,895 239,184 1,676,314 2,177,770 485,794 501,456 23%
2016 735,845 173,246 332,036 203,738 246,132 1,690,997 2,043,554 327,339 352,557 17%
2017 721,433 174,921 336,108 197,987 243,281 1,673,730 2,125,672 417,797 451,942 21%
2018 724,861 171,662 346,223 197,012 244,142 1,683,900 2,118,728 413,306 434,828 21%
2019 818,076 199,455 396,905 197,696 266,994 1,879,126 2,112,662 210,318 233,536 11%
2020 721,947 171,367 303,865 182,604 207,514 1,587,297 2,048,119 436,299 460,822 22%
2021 704,664 162,975 323,779 189,952 210,689 1,592,059 2,210,157 593,580 618,098 28%
2022 689,542 161,315 339,230 178,291 212,117 1,580,495 2,096,646 493,226 516,151 25%
2023 728,728 162,077 353,583 170,602 232,257 1,647,247 2,066,360 379,423 417,113 20%
2024 707,523 169,450 345,202 159,305 235,708 1,617,188 2,106,150 450,196 488,971 23%
Source: City of Oshkosh Water Utility Annual Reports to the Wisconsin Public Service Commission, 2015 – 2024.
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5.2 Water Conservation
Water conservation occurs in the form of active conservation efforts (i.e., conservation ordinances, customer
conservation financial incentives, customer educational programs) and passive conservation efforts that
result from the prevalence of water-efficient fixtures and appliances in the marketplace. The City promotes
the efficient use of water through public information materials but does not have a formal water conservation
program with specific water-savings goals. Without a conservation program, water-use intensity has declined
for all customer classes as evident in the City’s water use data. This reflects water savings from the installation
of water-efficient fixtures and appliances available in the marketplace and customer awareness of
conservation and sustainability.
5.3 Metered Water Customers
The City currently serves over 24,000 metered accounts for water service to residential, commercial,
industrial, and public customers.
Figure 5-2. City Metered Customers
Year
Number of Customer Meters
Residential
Multifamily
Residential Commercial Industrial Public Total
2015 20,413 571 1,983 120 295 23,382
2016 20,569 563 1,992 119 295 23,538
2017 20,585 569 2,001 118 300 23,573
2018 20,709 570 2,020 118 301 23,718
2019 20,783 569 2,025 113 278 23,768
2020 20,809 564 2,026 114 277 23,790
2021 21,090 568 2,056 114 278 24,106
2022 20,902 563 2,127 115 272 23,979
2023 21,472 579 2,108 115 279 24,553
2024 21,212 558 2,039 116 272 24,197
Source: City of Oshkosh Water Utility Annual Reports to the Wisconsin Public Service Commission, 2015 - 2024.
5.4 Ten Largest Customers
Table 5-1 lists the City’s 10 largest water customers and their water use for the past 10 years.
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Table 5-1. Ten Largest Water Utility Customers
2015 2016
Customer
Gallons
(000's) Customer
Gallons
(000's)
Oshkosh Correctional Institute 70,581 Oshkosh Correctional Institute 76,478
UW-Oshkosh 50,735 Bemis/Curwood/Milprint 57,562
Bemis/Curwood/Milprint 52,816 UW-Oshkosh 51,086
Pepsi Cola Bottling Co.50,064 Pepsi Cola Bottling Co.48,933
Winnebago Mental Health Institute 36,483 Winnebago Mental Health Institute 38,326
Hydrite Chemical Co.27,760 Hydrite Chemical Co.31,459
State Drug Abuse Correctional Center 21,523 State Drug Abuse Correctional Center 21,341
Midwest Realty Management 15,793 Oshkosh Corporation 18,987
Winnebago County 16,696 Winnebago County 17,278
Oshkosh Corporation 17,407 Midwest Realty Management 16,166
2017 2018
Customer
Gallons
(000's) Customer
Gallons
(000's)
Oshkosh Correctional Institute 78,321 Oshkosh Correctional Institute 77,513
Bemis/Curwood/Milprint 52,223 Bemis/Curwood/Milprint 51,910
UW-Oshkosh 49,730 UW-Oshkosh 44,517
Pepsi Cola Bottling Co.40,997 Pepsi Cola Bottling Co.40,636
Winnebago Mental Health Institute 36,023 Winnebago Mental Health Institute 38,719
Hydrite Chemical Co.35,561 Hydrite Chemical Co.36,015
Oshkosh Corporation 22,896 Oshkosh Corporation 24,659
State Drug Abuse Correctional Center 20,607 State Drug Abuse Correctional Center 19,779
Winnebago County 16,517 Midwest Realty Management 17,719
Midwest Realty Management 15,956 Winnebago County 16,998
2019 2020
Customer
Gallons
(000's) Customer
Gallons
(000's)
Oshkosh Correctional Institute 36,988 Oshkosh Correctional Institute 73,024
Bemis/Curwood/Milprint 24,205 Bemis/Curwood/Milprint 61,005
Winnebago Mental Health Institute 20,135 Winnebago Mental Health Institute 37,723
UW-Oshkosh 19,344 Pepsi Cola Bottling Co.33,167
Pepsi Cola Bottling Co.16,431 UW-Oshkosh 27,108
Hydrite Chemical Co.14,157 Hydrite Chemical Co.24,449
Oshkosh Corporation 12,496 State Drug Abuse Correctional Center 22,246
State Drug Abuse Correctional Center 11,064 Oshkosh Corporation 22,091
Midwest Realty Management 8,265 Midwest Realty Management 19,862
Winnebago County 7,782 Winnebago County 12,412
2021 2022
Customer
Gallons
(000's) Customer
Gallons
(000's)
State of Wisconsin 110,857 State of Wisconsin 111,495
Bemis/Curwood/Milprint 64,858 Bemis/Curwood/Milprint 50,130
Pepsi Cola Bottling Co.35,815 UW-Oshkosh 34,110
UW-Oshkosh 33,369 Pepsi Cola Bottling Co.37,659
Hydrite Chemical Co.25,448 Oshkosh Corporation 22,291
Oshkosh Corporation 22,234 Hydrite Chemical Co.23,764
Midwest Realty Management 19,268 Midwest Realty Management 17,764
City of Oshkosh 16,717 City of Oshkosh 16,102
State Drug Abuse Correctional Center 16,700 State Drug Abuse Correctional Center 18,448
Winnebago County 13,047 Winnebago County 12,324
2023 2024
Customer
Gallons
(000's) Customer
Gallons
(000's)
STATE OF WISCONSIN 114,988 STATE OF WISCONSIN 119,126
Bemis/Curwood/Milprint 45,184 Bemis/Curwood/Milprint 40,726
UW-Oshkosh 39,373 UW-Oshkosh 34,351
Pepsi Cola Bottling Co.36,498 Pepsi Cola Bottling Co.32,869
Oshkosh Corporation 23,187 State Drug Abuse Correctional Center 23,873
CITY OF OSHKOSH 18,909 Oshkosh Corporation 22,888
Midwest Realty Management 18,862 Hydrite Chemical Co.22,303
Hydrite Chemical Co.21,158 CITY OF OSHKOSH 20,728
State Drug Abuse Correctional Center 21,530 Midwest Realty Management 17,408
Winnebago County 14,062 Affinity Health System 15,959
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6.Water-Demand Forecasts
6.1 Water System Capacity Study
The City updated its forecasted water system capacity requirements through 2040 in the City of Oshkosh
Water System Capacity Study (refer to Appendix A) to ensure that sufficient and reliable capacity is
available to meet water system needs. Because long-term water system planning is dependent on many
input variables that range in value, water-demand forecasts were developed using a computer model
customized with City customer water use data, land use information, water system performance
characteristics, population projections, and future land use plans. To account for variation and uncertainty
in input variables, water-demand forecasts were prepared using a Monte Carlo-based statistical analysis of
planning factors. Inputs to the model align with recent water billing data, GIS data, and regional planning
efforts—namely the City of Oshkosh 2040 Comprehensive Plan prepared by ECWRPC and adopted by the City
in October 2018.
The following goals were accomplished through completion of the study:
Analyze customer water billing, current land use, and system water use patterns; summarize projected
service area population and future land use.
Evaluate extending service to a potential future wholesale customer faced with groundwater supply
contamination issues, that is, the Village of Winneconne.
Develop a statistically based City water use model to simulate alternative future water system needs
based on variable factors, including customer water use, population growth, land use, economic
conditions, and other system factors.
Provide thorough and data-based forecasts and uncertainty analyses.
6.1.1 Water-Demand Forecasts Summary
A probabilistic (Monte Carlo simulation) modeling approach evaluated 10,000 statistically generated versions of
2040 water demands, which resulted in a distribution of results. This forecasting approach allowed the City to
understand the sensitivity of the forecasts to each planning variable and the probability of being able to supply
sufficient water for future conditions. This approach allowed the City to evaluate risks associated with future
uncertainties. Within the 2040 planning horizon, dramatic change is not anticipated in population projections nor
evident in approved land use plans.
The results of the forecast indicate a modest increase in water demand across most customer classes, which is
consistent with the development plans adopted by the City. The results further indicate the following:
The current water system supply and treatment capacity of 16 mgd is adequate to meet water system
needs, including limited capacity allocation to serve a future small wholesale customer like the Village of
Winneconne with 0.6 mgd average day demand (ADD) and 0.9 mgd maximum day demand.
The future water-demand forecasts are most sensitive to per capita water demand and non-revenue
water.
While the forecast includes the assumption the City will reduce non-revenue water from a current
average of 21 percent to an average of 14 percent by 2040 through the installation of new, accurate
master flow metering with the WFP Clearwells Replacement Project, it is unknown whether non-
revenue water reduction will be accomplished.
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There are no similarly sized public water systems near the City that could potentially supply water to
City customers through mutual aid agreement. Consequently, the water system capacity must provide a
high probability of being able to serve projected future demands. Low-risk water-demand forecasts,
represented by the 75 to 95 percentile values, are recommended for long-range water supply
planning. It is further recommended that the City be prepared to serve a potential wholesale customer
with water demands comparable to the Village of Winneconne.
–There is a 75 percent probability of meeting City and Village needs with 8.8-mgd ADD and
12.2-mgd maximum day demand (MDD) capacity.
–There is a 95 percent probability of meeting City and Village needs with 9.5-mgd ADD and
13.7-mgd MDD capacity.
Based on the study findings, the City decided to design capital improvement projects for a projected 2040
MDD of 13.7 mgd capacity.
Figure 6-1. 2040 Forecasted ADD
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260102002307_c761a57c 7-1
7.Plan to Meet Projected Water Demand
To meet water system demands through 2040, the City plans to continue operating and maintaining its
existing water supply, treatment, and distribution infrastructure. With modest projections for increased
population, new development, and expansion of the service area, the WSSAP does not propose to develop
new or enlarged water supply sources nor expand its treatment, storage, and conveyance assets. The WSSAP
recommends the City’s continued use of risk-based asset management and regulatory compliance drivers to
prioritize replacement and upgrade of existing assets. The City has an established record of investment in the
water system, implemented through its Capital Improvement Program. These improvements leverage existing
water system assets to the extent practicable to ensure cost-effective water service over time.
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8.Consistency with Other Plans
The proposed WSSAP uses population, land use, and other approved planning information in the following
resources:
City of Oshkosh Comprehensive Plan Update 2040, prepared by ECWRPC, and approved by the City.
City of Oshkosh Sewer Service Area Plan 2007, prepared by ECWRPC in alignment with the East Central
Wisconsin Areawide Water Quality Management Program.
City agreements for utility service (Appendix B).
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260102002307_c761a57c 9-1
9.Intergovernmental Agreements and Approvals
Appendix B includes copies of intergovernmental agreements to provide utility services in portions of the
Town of Oshkosh (including the Winnebago Area), Town of Algoma, Town of Black Wolf, and Town of Nekimi.
These agreements support cooperative and orderly development to meet public health and safety needs, as
well as cost-effective utility service when requested.
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260102002307_c761a57c 10-1
10.Public Participation and Implementing the Plan
The proposed draft WSSAP was completed by December 31, 2025. In compliance with NR 854, a copy of the
draft WSSAP was sent to the WASD on February 4, 2026. In addition, the public was involved in the WSSAP by
public notice of the draft WSSAP published on March 1, 2026; access to the draft WSSAP posted to the City’s
website on February 13, 2026; and a public hearing on the plan at the City of Oshkosh Plan Commission
meeting March 17, 2026. The public participation process included the opportunity to provide written
comments on the draft WSSAP from February 13, 2026, through March 13, 2026.
Appendix C includes copies of the draft WSSAP public notice, public hearing record, and a summary of public
comments.
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11.References
City of Oshkosh. 2004.Cooperative Plan Between City of Oshkosh and Town of Algoma.
City of Oshkosh. 2007.Intergovernmental Agreement Between The City of Oshkosh and The Town of Nekimi
To Provide For Orderly Growth and Development Within Agreed-Upon Municipal Boundaries.
City of Oshkosh. 2009.Intergovernmental Agreement Between The City of Oshkosh and The Town of Black
Wolf To Provide For Orderly Growth and Development Within Agreed-Upon Municipal Boundaries.
City of Oshkosh. 2020.Winnebago Area Intergovernmental Utility Service Agreement.
City of Oshkosh. 2024a.City of Oshkosh 2025 – 2034 Capital Improvement Program.
City of Oshkosh. 2024b.City of Oshkosh 2025 – 2029 Capital Improvement Plan.
East Central Wisconsin Regional Planning Commission (ECWRPC). 2018.City of Oshkosh Comprehensive Plan
Update 2040. September.
East Central Wisconsin Regional Planning Commission (EWRPC). 2007.Oshkosh 2030 Sewer Service Area
Plan.
Jacobs.2025. City of Oshkosh Risk and Resilience Assessment.
Jacobs. 2024.2024 Risk Management Program/Process Safety Management Plan for the City of Oshkosh
Water Filtration Plant. June.
Jacobs. 2019.Final City of Oshkosh Water System Capacity Study. July.
Jacobs. 2020.City of Oshkosh Water Utility Asset Management Plan Update. June.
Jacobs. 2021.City of Oshkosh Water Utility Emergency Response Plan. June.
Jacobs. 2022.City of Oshkosh Wastewater Utility 2042 Facilities Plan. December.
Olcott, Perry G. 1966.Geology and Water Resources of Winnebago County, Wisconsin.
Wisconsin Department of Natural Resources (WDNR). 2025.Sanitary Survey Report for the Water Supply
System Serving the City of Oshkosh.
Wisconsin Statutes. Chapter 281 Water and Sewage. 2022.
Appendix A
Final City of Oshkosh Water System Capacity Study
Final
City of Oshkosh Water System Capacity Study
July 2019
Submitted to:
Prepared by
City of Oshkosh Water System Capacity Study
BI0227192330MKE ii
Acknowledgements
We gratefully acknowledge the assistance and time of the following contributors to the City of Oshkosh
Water System Capacity Study.
City of Oshkosh
Steve Brand, Utilities Operations Manager
Brad Rokus, Water Filtration Plant Manager
Chris Hayes, Water Filtration Plant Electrician
Todd Schneider, Water Filtration Plant Electrical
Mechanic
James Rabe, Director of Public Works
Steve Gohde, Assistant Director of
Public Works/Utilities General Manager
Pete Gulbronson, Civil Engineering Supervisor
Steven Nauman, Systems Analyst
East Central Wisconsin Regional Planning Commission
Eric Fowle, Executive Director Todd Verboomen, Associate Planner
AECOM
Richard Hope, Chief Technology Officer Kathy Beduhn, Senior Project Engineer
City of Oshkosh Water System Capacity Study
BI0227192330MKE iii
Contents
Section Page
Acknowledgements ............................................................................................................................ ii
Acronyms and Abbreviations ............................................................................................................... v
1.Introduction ......................................................................................................................... 1-1
1.1 Purpose and Goals ........................................................................................................... 1-1
2.Service Area Population and Land Use .................................................................................. 2-1
2.1 Service Area Population ................................................................................................... 2-1
2.2 Service Area Land Use ...................................................................................................... 2-4
2.3 Current City Development Projects and Initiatives ......................................................... 2-6
3.Historical Water Use ............................................................................................................. 3-1
3.1 City Water Use by Customer Class ................................................................................... 3-1
3.2 Metered Water Customers .............................................................................................. 3-1
3.3 Non-Revenue Water ........................................................................................................ 3-4
3.4 Factors Affecting Water Pumpage and System Demand ................................................. 3-4
3.4.1 Season and Weather ........................................................................................... 3-4
3.4.2 Unemployment ................................................................................................... 3-7
3.4.3 Water Rates ........................................................................................................ 3-7
3.4.4 Conservation ....................................................................................................... 3-8
3.5 System Capacity Impacts on Fire Protection ................................................................... 3-8
4.Water Demand Forecasts ...................................................................................................... 4-1
4.1 Forecasting Approach ...................................................................................................... 4-1
4.2 Forecasting Results .......................................................................................................... 4-2
4.2.1 City Water Demand through 2040 ...................................................................... 4-2
4.2.2 City with the Village of Winneconne Water Demand through 2040 .................. 4-4
4.2.3 Sensitivity of the Forecast ................................................................................... 4-6
4.2.4 WFP Clearwells Replacement Project and Forecasted Water Demands ............ 4-7
5.Summary of Results and Conclusions .................................................................................... 5-1
6.References ............................................................................................................................ 6-1
Appendixes
A Water Demand Forecast Model Development Technical Memorandum
B Water Demand Forecast Model Input Data Analysis Technical Memorandum
C Proposed Village of Winneconne Water Supply Technical Memorandum
D Clearwells Replacement Project Lower-Capacity Pump Stations Technical Memorandum
City of Oshkosh Water System Capacity Study
iv BI0227192330MKE
Tables
Table 2-1. Current and 2040 Planned Service Area Land Use Inventory ................................................... 2-5
Table 2-2 Attachment Areas Summary ...................................................................................................... 2-5
Table 3-1. City Water Use Summary .......................................................................................................... 3-2
Table 3-2. City Water Rates Summary ....................................................................................................... 3-7
Table 3-3. ISO Fire Suppression Criteria and Scores .................................................................................. 3-8
Table 4-1 Water Forecast Component Calculation .................................................................................... 4-2
Table 4-2. Alternative Capacity Pump Station Construction Cost Differential Summary .......................... 4-8
Figures
Figure 2-1. Land Use, Service, and Attachment Areas in 2015 .................................................................. 2-2
Figure 2-2. Land Use, Service, and Attachment Areas in 2040 .................................................................. 2-3
Figure 2-3 Historic and Projected City Population ..................................................................................... 2-4
Figure 2-4. Current City Development ....................................................................................................... 2-7
Figure 3-1. 2017 City Water Use ................................................................................................................ 3-1
Figure 3-2. City Metered Customers (2017) .............................................................................................. 3-3
Figure 3-3. Water Pumping vs Rainfall and Average Temperature ........................................................... 3-4
Figure 3-4. City Water System Monthly Water Pumpage .......................................................................... 3-5
Figure 3-5. City Maximum and Average Daily Flow ................................................................................... 3-6
Figure 3-6. City of Oshkosh Annual Estimated Unemployment ................................................................ 3-7
Figure 4-1. Forecasted 2040 City Water Demand Probability Distributions .............................................. 4-2
Figure 4-2. Forecasted 2040 City Water Demand Cone Diagrams ............................................................ 4-3
Figure 4-3. Forecasted 2040 City with Village Water Demand Probability Distributions .......................... 4-4
Figure 4-4. Forecasted 2040 City with Village Water Demand Cone Diagrams ......................................... 4-5
Figure 4-5. Forecasted 2040 City Water Demand Tornado Diagrams ....................................................... 4-6
Figure 5-1. Current and Forecasted Water Use by Customer Class ........................................................... 5-1
City of Oshkosh Water System Capacity Study
BI0227192330MKE v
Acronyms and Abbreviations
ADD average day demand
City City of Oshkosh
ECWRPC East Central Wisconsin Regional Planning Commission
gpcd gallons per capita day
GIS geographic information system
ISO Insurance Service Office
Jacobs Jacobs Engineering Group Inc.
MDD maximum day demand
mgd million gallons per day
PSC Public Service Commission of Wisconsin
Study City of Oshkosh Water System Capacity Study
Village Village of Winneconne
WFP City of Oshkosh Water Filtration Plant
City of Oshkosh Water System Capacity Study
BI0227192330MKE 1-1
1.Introduction
The City of Oshkosh (City) periodically updates its long-term water system planning resources to
ensure that sufficient and reliable water system capacity is available to meet the needs of the
community in the future. The City requested that Jacobs Engineering Group Inc. (Jacobs)1 conduct
the Water System Capacity Study (Study) to prepare water demand forecasts and evaluate system
capacity needs through year 2040. Long-term water system planning is dependent on many input
variables that range in value. The water demand forecasts were developed using a computer
model customized with City customer water use data, land use information, water system
performance characteristics, population projections, and future land use plans. To account for
variation and uncertainty in input variables, water demand forecasts were prepared using a
Monte Carlo-based statistical analysis of planning factors. The analysis evaluated 10,000
statistically generated versions of 2040 water demands, which resulted in a distribution of results.
This forecasting approach allows the City to understand the sensitivity of the forecasts to each
variable and the probability of being able to supply sufficient water for future conditions.
1.1 Purpose and Goals
The purpose of the Study is to assist the City in determining its water system capacity needs through
year 2040. The Study incorporates planning analyses documented in the City of Oshkosh
Comprehensive Plan Update 2040 (East Central Wisconsin Regional Planning Commission [ECWRPC],
2018) and City community development projects and initiatives. The City will use Study findings and
recommendations to support efficient investment in its water infrastructure to maintain high levels
of customer service and mitigate risks.
The following are the goals of the Study:
•Analyze recent customer water billing, current land use, and system water use patterns;
summarize projected service area population and future land use.
•Evaluate extending service to a potential future wholesale customer faced with groundwater
supply contamination issues, i.e., the Village of Winneconne.
•Develop a statistically based City water use model to simulate alternative future water system
needs based on variable factors, including customer water use, population growth, land use,
economic conditions, and other system factors.
•Identify the probabilities and risks associated with exceeding forecasted water demands.
•Prepare water system capacity recommendations for long-range water infrastructure planning
and investment, including Water Filtration Plant (WFP) distribution pumping capacity as part of
the upcoming WFP Clearwells Replacement Project.
•Provide thorough and data-based forecasts and uncertainty analyses, led by Jacobs and peer
reviewed by AECOM, to enable the City to prepare successfully for unknown future conditions.
1 On December 15, 2017, CH2M HILL Engineers, Inc. became a wholly owned subsidiary of Jacobs Engineering Group Inc.
City of Oshkosh
BI0227192330MKE 2-1
2. Service Area Population and Land Use
The City public water system is in Winnebago County, Wisconsin. The City currently serves
customers primarily located within the City municipal boundary. Through intergovernmental
agreements with the Town of Algoma, the Town of Nekimi, and the Town of Black Wolf, the City
provides water service when requested to customers located in designated attachment areas.
Figure 2-1 shows the current service area; Figure 2-2 shows the projected 2040 service area.
The City water supply service area is located within the jurisdiction of the ECWRPC, which assists
local governments to ensure a regionally coordinated approach to planning. The Study integrates
service area population, land use, economic, and housing projections prepared by the ECWRPC and
documented in the City of Oshkosh Comprehensive Plan Update 2040 (ECWRPC, 2018).
2.1 Service Area Population
Currently, the City provides water service to the City population of about 67,000 and a small number
of customers located in designated attachment areas outside the City municipal boundary.
Early in 2018, the Village of Winneconne (Village) has expressed interest in receiving water supply
from the City. The Village population of about 2,400 is currently served by municipal groundwater
wells that are susceptible to naturally occurring contamination. At the Village’s request, the City
conducted preliminary analysis to confirm feasibility of supplying the Village’s long-range water
demand of approximately 425 to 450 gallons per minute (Jacobs 2018). Water demand forecasts are
prepared with, and without, City service to the Village starting in year 2025. At this time, it is uncertain
whether City water service will be provided to the Village; however, it is reasonable to assume the City
may receive other service requests between now and 2040 because of regional groundwater issues,
including natural contamination (arsenic, radium) and anthropogenic pollution (nitrates, herbicides,
pesticides, human and animal wastes, and industrial compounds).
Figure 2-3 shows the population projections for the City used in the development of water
demand forecasts prepared by the State of Wisconsin Department of Administration and ECWRPC.
Between 2010 and 2015, the population in the City is estimated to have grown by 1.2 percent,
outpacing the estimated growth in Winnebago County (0.9 percent) and the same as the state
(1.2 percent). The City is expected to grow by 11.7 percent between 2010 and 2040 (ECWRPC,
2018). The ECWRPC projections level off in year 2030 due to anticipated conditions of low birth
and high death rates. To account for the inherent uncertainty in population projections, a
distribution of values was input into the forecasting model, with the median probability given to
the ECWRPC population projections. The range of the distribution accounts for inherent
uncertainty in population projections and population in the portions of designated attachment
areas anticipated to receive water service by 2040.
Lake Butte des Morts
Lake Winnebago
Fox
R
i
v
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r
W 9TH AVE
BL
A
C
K
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SCHOOL
RD
N
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OMRO RD
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DOTYST
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WASHINGTON AVE
VI
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L
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WITZEL AVE
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ST
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N
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MERRITT AVE
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USHWY45SOUTHBOUND
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USHWY45NORTHBOUND
NE
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HICKORYLN
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W LINCOLNAVE
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WESTFIELD
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SH
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W WAUKAU AVE
LINDBERGHAVE pvt
W 19TH AVEW 20TH AVE
UNIVERSALST
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HWY
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pvt
COUNTY RD K
TOWN OFALGOMAPROTECTED AREA
ZONE A CITYEXPANSIONAREA
IMMEDIATEATTACHMENT
ZONE B CITYEXPANSIONAREA
ZONE C CITYEXPANSIONAREA
ZONE D CITYEXPANSIONAREA
TOWN OF NEKIMIPROTECTED AREA
NEKIMIUNDETERMINEDCITY EXPANSION AREA
NEKIMI RURALPRESERVATION AREA
NEKIMI IMMEDIATEATTACHMENT
BLACK WOLF RURALPRESERVATION AREA
TOWN OF BLACKWOLF PROTECTEDAREA
BLACKWOLF UNDETERMINEDCITY EXPANSION AREA
Figure 2-1 Land Use, Service, and Attachment Areas in 2015
City of OshkoshWater Utility
/LegendCity Service Area 20152015 Land UseOtherResidential
Center City Mixed UseGeneral and Neighborhood CommercialInterstate CommercialIndustrial and Commercial Mixed Use
Prepared by:
Lake Butte des Morts
Lake Winnebago
Fox
R
i
v
e
r
W 9TH AVE
BL
A
C
K
OAK
SCHOOL
RD
N
M
A
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S
T
BELLHAVEN
LN
CEAPE AVE
OMRO RD
E NEVADA AVE
BO
W
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N
S
T
DOTYST
FOND
DULACRD
STATERD44
WISCONSIN
ST
JA
C
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WASHINGTON AVE
VI
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L
A
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S
T
WITZEL AVE
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W LINCOLNAVE
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WESTFIELD
ST
SH
E
R
M
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N
R
D
W WAUKAU AVE
LINDBERGHAVE pvt
W 19TH AVEW 20TH AVE
UNIVERSALST
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T
SH
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W 5TH AVE
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BALDWIN AVE
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SNELL
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W 4THAVE
S
W
A
S
H
B
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R
N
S
T
COUNTRY
CLUB
RD
OSBORN AVE
W WAUKAU AVE
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STATE RD 91
BROOKS RD
W 28THAVE
PINERIDGERD
N
KOELLER
ST
W RIPPLE AVE
US
HWY
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STEARNSDR
NWASHBURNST
RIPONPL
W COUNTY RD Y
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PI
P
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9TH ST RD
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US
HWY
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DR
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H
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S
S
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P
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D
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M
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S
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ATLASAVE
MO
S
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R
S
T
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CO
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D
K
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P
P
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pvt
COUNTY RD K
TOWN OFALGOMAPROTECTED AREA
ZONE A CITYEXPANSIONAREA
IMMEDIATEATTACHMENT
ZONE B CITYEXPANSIONAREA
ZONE C CITYEXPANSIONAREA
ZONE D CITYEXPANSIONAREA
TOWN OF NEKIMIPROTECTED AREA
NEKIMIUNDETERMINEDCITY EXPANSION AREA
NEKIMI RURALPRESERVATION AREA
NEKIMI IMMEDIATEATTACHMENT
BLACK WOLF RURALPRESERVATION AREA
TOWN OF BLACKWOLF PROTECTEDAREA
BLACKWOLF UNDETERMINEDCITY EXPANSION AREA
Figure 2-2 Land Use, Service, and Attachment Areas in 2040
City of OshkoshWater Utility
/LegendCity Service Area 20402040 Land UseOtherResidential
Center City Mixed UseGeneral and Neighborhood CommercialInterstate CommercialIndustrial and Commercial Mixed Use
Prepared by:
City of Oshkosh Water System Capacity Study
2-4 BI0227192330MKE
2.2 Service Area Land Use
The City encompasses 14,870 acres of land, with about 51 percent (7,610 acres) in use by water
customers. Table 2-1 lists the current and planned 2040 service area land use inventory. By 2040, an
estimated additional 2,560 acres within the City will be developed for use by water customers. This
land is currently available for development/redevelopment.
The total combined (Town of Algoma, Tower of Nekimi, and Town of Black Wolf) designated
attachment area is 10,788 acres. The City currently provides water service to about 1,040 acres and
anticipates by 2040 an estimated additional 1,200 attachment area acres will be served (Table 2-2).
Current land use and associated water utility billing data were analyzed to develop water-duty
factors for different types of customer land use, including mixed use, i.e., combined commercial and
industrial areas. Section 4 describes water-duty factors used in the forecasting model, and
Appendix A provides additional details.
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
1970 1980 1990 2000 2010 2020 2030 2040 2050
Po
p
u
l
a
t
i
o
n
Year
EWRPC Projection Historic Population
5th percentile
95th percentile
BI0227192330MKE 2-5
Table 2-1. Current and 2040 Planned Service Area Land Use Inventory
Current Land Use1, Acres 2040 Planned Land Use2, acres
Land Use Acres
Agriculture 842
Commercial 1,161
Government 1,034
Industrial 1,606
Infill Non-Res 17
Infill Residential 52
Infrastructure 370
Institutional 1,799
Landfill-Quarry 122
Mixed Use 53
Multi-Family 808
Parking Lot 40
Public Park 556
Rec-Open Space 543
School 440
Single-Family 3,548
Two-Family 371
Vacant Land 1,510
Total 14,870
Land Use Acres
Center City 388
Community Facility 3,105
General and Neighborhood Commercial 863
Industrial 2,823
Interstate Commercial 1,176
Light-Density Residential 5,032
Medium- and High-Density Residential 1,094
Park 1,337
Quarry 122
Railroad ROW 136
Total 16,076
Current Water Customer Land Use, Acres 2040 Planned Water Customer Land Use, Acres
Land Use Acres
Commercial 1,161
Industrial 1,606
Mixed-Use 116
Residential 4,727
Total 7,610
Land Use Acres
Commercial 2,039
Industrial 2,823
Mixed-Use 388
Residential 6,121
Total 11,371
1 City Geographic Information System (GIS) files are source of current land use data.
2
Table 2-2 Attachment Areas Summary
Community Total Acres
Attachment Area
Attachment Area
Acres Served
Estimated
Attachment Area
Acres Served by
Town of Algoma 6,191 2,437 727 1,587
Town of Nekimi 10,040 7,175 281 281
Town of Black Wolf 18,436 1,175 35 35
Town of Oshkosh1 6,144 N/A N/A 346
Total 34,668 10,788 1,043 2,249
services in designated attachment areas, the City currently serves some Town areas and will serve an additional estimated
City of Oshkosh Water System Capacity Study
2-6 BI0227192330MKE
2.3 Current City Development Projects and Initiatives
The City is conveniently located along Interstate Highway 41, 50 miles south of Green Bay and
90 miles north of Milwaukee. It is served by state highways, rail, ports, and a regional airfield.
In recent years, the City has experienced significant redevelopment along Interstate 41 and
successfully competed for two important flagship developments: the 190,000-square-foot Oshkosh
Corporation Global Headquarters and the Menominee Nation Arena, home of the Wisconsin Herd of
the NBA G-League, which is affiliated with the Milwaukee Bucks NBA team. These developments
have spurred other nearby development projects. Also, after investing in extensive demolition and
remediation projects, the City’s Central City District is now the location of multiple residential,
office, entertainment, and commercial redevelopment projects. Figure 2-4 shows the current and
planned near-term community development projects.
Lake
Winnebago
Millers
Bay
Bay
Asylum
South
North
Bay
Asylum
Butte
Lake
des
Morts
Roe
Point
Brays
Point
Doemel
Point
Libby
Point
Sunset
Point
Shangri-La
Point
CLAIRVILLE RD
CLAIRVILLE RD
W 20TH AVW 20TH AV
OREGON ST
OREGON ST
N MAIN ST
N MAIN ST
NEKIMI AVNEKIMI AV
BOWEN ST
BOWEN ST
N CLAY RD
N CLAY RD
SS
WW
AA
SS
HH
BB
UU
RR
NN
SS
TT
WITZEL AVWITZEL AV
FISK AVFISK AV
OM RO R DOMRO R D
9TH ST RD9TH ST RD W 9TH AVW 9TH AV
KNAPP ST
KNAPP ST
VINLAND ST
VINLAND ST
RYF RDRYF RD
PP
OO
BB
EE
RR
W RIPPLE AVW RIPPLE AV
HAZEL ST
HAZEL ST
S OAKWOOD RD
S OAKWOOD RD
JAM
ES RD
JAM
ES RD
SS
LLEEOONNAARR
LEACH RD
LEACH RD
COU
NTRY CLUB RD
COUNTRY CLUB RD
OLD KNAPP RD
OLD KNAPP RD
AA
NN
EE
VV
II
EE
WW
DD
RR
OHIO ST
OHIO ST
E MURDOCK AVE MURDOCK AV
N SAWYER ST
N SAWYER ST
W WAUKAU AVW WAUKAU AV
WISCONSIN ST
WISCONSIN ST
MOSER ST
MOSER ST
WASHINGTON AVWASHINGTON AV
MMEERRSS
S SAWYER ST
S SAWYER ST
W WAUKAU AVW WAUKAU AV
FISK AVFISK AV
EEKKIIMMII AAVV
W RIPPLE AVW RIPPLE AV
KNAPP ST
KNAPP ST
FISK AVFISK AV
SS
JACKSON ST
JACKSON ST
OHIO ST
OHIO ST
HH AAVV
Figure 2.4
Current City Development /Legend
Prepared by:
INDUSTRIAL
Commercial
INDUSTRIAL
Oshkosh Corp HQ
COMMERCIAL
(Redevelopment)
COMMERCIAL
(Hotel, Shops,
Resturants)
INDUSTRIAL
Redi Mix Plant
Cement Powder
Rail-to-Semi
Truck Warehouse
COMMERCIAL
RESIDENTIAL
Swederski Project
Multi Family
Apartments
245 Residents
140 Units
COMMERCIAL
COMMERCIAL
Steel Manufactor
Industrial
Expansion
COMMERCIAL
Light Industrial
Shipping
COMMERCIAL
Aviation
Industrial Park
RESIDENTIAL
Ripple Ave Estates
Multi Family
Apartments
Commercial
COMMERCIAL
(Redevelopment)
INDUSTRIAL
Commercial
(Prision Frontage)
INDUSTRIAL
COMMERCIAL
Axet Tel 15 acres
(Mixed Use)
UW-Oshkosh
RESIDENTIAL
Single Family
RESIDENTIAL
Single Family
RESIDENTIAL
Multi Family
RESIDENTIAL
Multi Family
RESIDENTIAL
Multi Family
RESIDENTIAL
Multi Family
Apartments
RESIDENTIAL
Single Family
Multi Family
RESIDENTIAL
Single Family
RESIDENTIAL
Multi Family
Apartments
RESIDENTIAL
Multi Family
Apartments
RESIDENTIAL
Multi Family
Apartments
RESIDENTIAL
Multi Family
RESIDENTIAL
Multi Family
Apartments
MIXED COMMERCIAL
(Retail, Office Building)
RESIDENTIAL
(Multi Family Apartments)
INDUSTRIAL COMMERCIAL
BI0227192330MKE 3-1
3. Historical Water Use
Historical water use information is evaluated in the preparation of water demand forecasts to gain
insights on how future water system needs may be impacted by customer type, seasonal variation,
economic factors, non-revenue water, and other operating impacts.
3.1 City Water Use by Customer Class
Water use by customer class for 2017 is depicted in Figure 3-1. Table 3-1 lists metered customer
water use, water pumpage, and water loss information for 2002 through 2017. Since 2002, water
use by customer class has changed as follows:
• 3 percent increase in residential use (single- and multi-family combined)
• 38 percent decrease in commercial use 2
• 25 percent decrease in industrial use
• 19 percent decrease in public/inter-department use
The City does not have a formal water conservation program but promotes using water wisely.
Reduction in water use may attributed to the recent decrease in numbers of commercial and
industrial customers, a protracted period of economic recession, the prevalence of high-efficiency
plumbing fixtures and appliances, and customers’ awareness of water use efficiency practices.
Figure 3-1. 2017 City Water Use
3.2 Metered Water Customers
All City water customers are metered. Figure 3-2 summarizes the numbers of meters by customer
class. Between 2002 and 2017, the total number of metered customers increased about 7 percent,
with the following changes in numbers of meters:
• 10 percent increase in residential meters (single- and multi-family combined)
• 13 percent decrease in commercial meters
• 12 percent decrease in industrial meters
• 10 percent increase in public/inter-department meters
2 Decrease is in part attributed to multi-family residential water use separation from commercial class water use, as of 2014.
Single Family
Residential,
33.9%
Multi Family
Residential,
8.23%Commercial,
15.81%
Industrial,
9.31%
Public, 11.44%
Non Revenue
Water 19.7%
City of Oshkosh Water System Capacity Study
3-2 BI0227192330MKE
Table 3-1. City Water Use Summary
Year
Gallons per Year
Residential
(000's)
Multifamily
Residential
(000's)
Commercial
(000's)
Industrial
(000's)
Public
(000's)
Total
Water
Sales
(000's)
Total
Pumpage
(000's)
Water
Used in
Treatment
(000's)
Water
Loss
(000's)
Volume
Pumped and
Not Sold
(000's)
Volume
Pumped and
Unaccounted
for (000's)
Non-
Revenue
Water
Percent
Water Lost2
2002 949,605 539,380 263,827 299,553 2,052,365 2,682,752 630,387 516,982 19%
2003 949,964 554,044 217,453 283,967 1,995,428 2,575,350 579,922 422,922 17%
2004 914,941 498,778 210,593 274,013 1,898,325 2,553,975 655,650 512,004 20%
2005 933,115 523,714 202,310 301,838 1,960,977 2,684,206 723,229 592,282 22%
2006 901,479 512,087 231,510 296,212 1,941,288 2,694,132 752,844 610,841 23%
2007 905,886 513,680 219,980 307,158 1,946,704 2,505,909 559,205 485,868 19%
2008 871,178 501,329 205,786 293,976 1,872,269 2,391,370 448,010 519,101 19%
2009 850,087 481,279 196,414 283,582 1,811,362 2,304,844 372,007 493,482 16%
2010 817,273 485,048 200,405 282,689 1,785,415 2,331,546 386,342 546,131 22%
2011 815,506 489,142 211,714 267,141 1,783,503 2,375,517 305,537 539,622 23%
2012 835,168 501,578 227,460 285,141 1,849,347 2,350,525 295,531 432,827 18%
2013 785,250 497,080 199,620 276,705 1,758,655 2,240,337 63,708 349,094 417,974 19%
2014 758,232 168,017 320,581 193,285 248,787 1,688,902 2,499,972 69,100 638,644 741,970 30%
2015 750,044 172,988 317,203 196,895 239,184 1,676,314 2,177,770 485,794 501,456 23%
2016 735,845 173,246 332,036 203,738 246,132 1,690,997 2,043,554 327,339 352,557 17%
2017 721,433 174,921 336,108 197,987 243,281 1,673,730 2,125,672 35,720 417,797 451,942 21%
1 Source: City of Oshkosh Water Utility Annual Reports to the Wisconsin Public Service Commission (PSC), 2002 – 2017.
2 Reported in annual reports to the PSC as ‘Percent Water Loss”, ‘Unaccounted For Water”, “Real and Apparent Losses.”
BI0227192330MKE 3-3
Figure 3-2. City Metered Customers (2017)
Year
Number of Meters
Residential
Multi-
family
Residential Commercial Industrial
Public/
Inter-Department Total
2002 19,204 2,298 134 273 21,909
2003 19,538 2,369 138 306 22,351
2004 19,885 2,421 138 314 22,758
2005 20,096 2,436 138 319 22,989
2006 20,213 2,461 140 322 23,136
2007 20,354 2,481 137 326 23,298
2008 20,422 2,507 140 335 23,404
2009 20,448 2,552 142 352 23,494
2010 20,481 2559 136 352 23528
2011 20,515 2,568 134 347 23564
2012 20,348 2,530 131 342 23351
2013 19,915 2,536 129 329 22909
2014 19,919 568 1,955 125 295 22,862
2015 20,413 571 1,983 120 295 23,382
2016 20,569 563 1,992 119 295 23,538
2017 20,585 569 2,001 118 300 23,573
- 2017.
89.7%
8.5%
0.5%1.3%
R ES I D ENT I AL C O M M ER C I AL I ND US T R I AL P UB LI C / I NT ER -
D EP AR T M ENT
PERCENT OF METERS
City of Oshkosh Water System Capacity Study
3-4 BI0227192330MKE
3.3 Non-Revenue Water
Non-revenue water is water that has been “lost” before it reaches the customer. Losses can be real
losses—physical water losses through leaks or apparent losses—water losses from inaccurate metering
or theft. Historically City percent water loss and non-revenue water has ranged from 16 to 30 percent.
Because the City water system is a Class AB utility with water loss in excess of 15 percent, Wisconsin
Administrative Code Chapter PSC 185 Standards for Public Water Utility Service requires the City to
conduct leak surveys for 3 consecutive years and repair leaks. For over 10 years, the City has complied
with this requirement. To further reduce non-revenue water, the City maintains a meter testing and
repair program and estimates authorized—and unauthorized—unbilled water use.
3.4 Factors Affecting Water Pumpage and System Demand
3.4.1 Season and Weather
Local weather and seasonal patterns significantly impact water use and are important criteria in the
sizing of water distribution and storage systems. Figure 3-3 illustrates the variation in water demand by
the temperature, WFP flow, and rainfall data for year 2012. Figure 3-4 show monthly pumpage data.
Figure 3-3. Water Pumping vs Rainfall and Average Temperature
Figure 3-5 summarizes historical variation in annual average and maximum day demand (MDD) for the
last 15 years. The average day demand (ADD) flow is the total annual pumping (in millions of gallons)
divided by 365 days. In the City, the MDD is on average 40 percent higher than average demand.
City
BI0227192330MKE 3-5
Figure 3-4. City Water System Monthly Water Pumpage
Source: City of Oshkosh Water Utility Annual Report to the Wisconsin Public Service Commission, 2012-2017.
Month
Monthly
Water
Pumpage
(000's)Month
Monthly
Water
Pumpage
(000's)Month
Monthly
Water
Pumpage
(000's)
January 184,488 January 185,024 January 189,686
February 179,631 February 168,952 February 179,472
March 191,526 March 182,629 March 197,719
April 181,727 April 176,636 April 180,849
May 205,069 May 187,120 May 190,563
June 219,116 June 185,063 June 202,501
July 236,473 July 207,716 July 241,243
August 213,281 August 209,178 August 239,471
September 194,854 Septembe 194,923 Septembe 228,670
October 189,398 October 189,136 October 218,942
November 178,443 Novembe 171,146 Novembe 215,819
December 176,519 December 182,814 December 215,037
Month
Monthly
Water
Pumpage
(000's)Month
Monthly
Water
Pumpage
(000's)Month
Monthly
Water
Pumpage
(000's)
January 187,571 January 165,218 January 177,884
February 157,625 February 158,077 February 158,992
March 174,570 March 164,396 March 174,542
April 168,773 April 155,151 April 166,734
May 180,544 May 169,577 May 175,091
June 192,624 June 173,175 June 183,332
July 211,151 July 192,026 July 194,155
August 196,951 August 187,719 August 192,290
September 188,506 Septembe 174,394 Septembe 188,687
October 183,499 October 170,261 October 185,498
November 171,109 Novembe 163,190 Novembe 163,953
December 164,847 December 170,370 December 164,514
2017
2012 2013 2014
2015 2016
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2012 Monthly Water Pumpage
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2013 Monthly Water Pumpage
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2014 Monthly Water Pumpage
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2015 Monthly Water Pumpage
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2016 Monthly Water Pumpage
0
50,000
100,000
150,000
200,000
250,000
Ga
l
l
o
n
s
(
0
0
0
'
s
)
2017 Monthly Water Pumpage
City of Oshkosh Water System Capacity Study
3-6 BI0227192330MKE
Figure 3-5. City Maximum and Average Daily Flow
Year
Avg Day
Pumpage
(mgd)
Min Day
Pumpage
(mgd)
Min
Pumpage
Date
Max Day
Pumpage
(mgd)
Max
Pumpage
Date
Ratio of
Min to Avg
Day
Ratio of
Max to Avg
Day
2002 7.39 5.78 25-Dec 10.08 16-Jul 0.78 1.36
2003 7.07 5.25 28-Apr 9.82 28-Jul 0.74 1.39
2004 6.98 5.48 25-Dec 9.44 28-Jul 0.78 1.35
2005 7.35 5.63 27-Mar 10.01 31-Jul 0.76 1.36
2006 7.38 5.31 25-Dec 10.03 13-Jul 0.72 1.36
2007 6.87 5.48 23-Nov 9.72 24-Jul 0.80 1.41
2008 6.59 5.24 28-Nov 8.57 31-Jul 0.79 1.30
2009 6.31 5.06 31-Oct 8.89 21-Jul 0.80 1.41
2010 6.38 5.08 25-Nov 8.29 24-Nov 0.79 1.29
2011 6.31 4.58 25-Dec 8.23 1-Jan 0.72 1.3
2012 6.31 5.12 16-Dec 9.48 16-Jul 0.81 1.5
2013 6.13 4.81 11-May 7.97 15-Jul 0.78 1.3
2014 6.84 5 20-Apr 8.9 23-Jul 0.73 1.3
2015 6.17 4.65 25-Dec 8.63 30-Jul 0.75 1.39
2016 5.77 4.54 25-Mar 8.97 11-Jul 0.78 1.55
2017 6.09 4.76 16-Apr 8.29 20-Sep 0.78 1.36
Source: City of Oshkosh operating data.
mgd = million gallons per day
0.6
0.8
1
1.2
1.4
1.6
1.8
2
Ma
x
i
m
u
m
t
o
A
v
e
r
a
g
e
D
a
i
l
y
F
l
o
w
Ra
t
i
o
BI0227192330MKE 3-7
3.4.2 Unemployment
City unemployment is low, recently ranging from about 2 to 5 percent, and has generally limited impact
on community water use (Figure 3-6).
Figure 3-6. City of Oshkosh Annual Estimated Unemployment
City of Oshkosh unemployment statistics are developed by the Wisconsin Department of Workforce Development
3.4.3 Water Rates
Residential water rates between 2002 and 2017 are listed in Table 3-2. These rates were brought to
2017 dollars using the Bureau of Labor Statistics Milwaukee Historical Consumer Price Index.
The approximately 2 percent annual increase in water rates has not significantly affected water use.
Table 3-2. City Water Rates Summary
Year Water Rate ($/1,000 gallons) Consumer Price Index Normalized Water Rate ($/1,000 gallons)
2002 3.66 174.0 5.16
2003 3.66 177.7 5.05
2004 3.77 180.2 5.13
2005 3.77 185.2 4.99
2006 3.88 189.9 5.00
2007 4.51 194.1 5.69
2008 4.51 203.0 5.44
2009 4.51 203.0 5.44
2010 4.51 209.6 5.27
2011 4.96 216.9 5.60
2012 4.96 221.0 5.50
2013 4.96 225.1 5.40
2014 5.92 227.8 6.37
2015 5.92 226.6 6.41
2016 6.59 227.9 7.09
2017 6.59 232.4 6.95
0.00
1.00
2.00
3.00
4.00
5.00
6.00
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
City of Oshkosh Water System Capacity Study
3-8 BI0227192330MKE
3.4.4 Conservation
Water conservation occurs in the form of active conservation efforts (i.e., conservation ordinances,
customer conservation financial incentives, customer educational programs) and passive conservation
efforts that results by the prevalence of water efficient fixtures and appliances in the marketplace.
The City promotes the efficient use of water through public information materials but does not have a
formal water conservation program with specific water savings goals. Without a conservation program,
water use intensity has declined for all customer classes as evident in the City’s water use data. This
reflects water savings from the installation of water-efficient fixtures and appliances available in the
marketplace and customer awareness of conservation and sustainability.
3.5 System Capacity Impacts on Fire Protection
In addition to supplying water to meet customer demands, City water system capacity must be sufficient
to maintain current levels of service for community fire protection and distribution system pressure.
Water system pumps, distribution piping, and storage tanks provide water for fire protection. The City
has adopted fire-suppression guidance recommended by the Insurance Service Office (ISO), an
organization that insurance companies in the United States rely on when determining a community’s
insurance rates. The City’s fire-fighting capabilities are reviewed by the ISO, numerically graded, and
assigned a Public Protection Classification. A recent determination of the City’s classification is based on
the criteria is presented in Table 3-3.
Table 3-3. ISO Fire Suppression Criteria and Scores
ISO Criteria Target Score City Score
Fire alarms – how well the fire department receives fire alarms and dispatches fire-fighting
resources
10% 8.9%
Engine companies – the number of engine companies and the amount of water a
community needs to fight a fire
30% 37.02%
Water supply – the amount of water supply for fire suppression beyond daily maximum
consumption
40% 39.38%
Based on its scores, the City has a high Class 2 public protection rating. If system pumping capacity is
reduced, specifically distribution pumping capacity as part of the upcoming WFP Clearwells Replacement
Project, the City’s ISO Classification could be reduced, unless other areas of the City’s fire protection
system were improved. If the City’s ISO classification is reduced, the cost of insurance for commercial
and industrial businesses would increase beyond current levels.
BI0227192330MKE 4-1
4. Water Demand Forecasts
4.1 Forecasting Approach
One method of preparing water demand forecasts is a deterministic projection, which is based on
several single, fixed-point input assumptions and results in a single estimate of future annual demands.
This approach is limited for addressing future uncertainties. Single fixed-point estimates are prone to
either underpredict future demand, resulting in building infrastructure too late and building
moratoriums, or overpredicting demand, resulting in building infrastructure too early and placing an
undue financial burden on rate payers.
To better address the inherent uncertainties in future forecasts, the international risk standard, ISO
31000, recommends probabilistic analysis (Monte Carlo simulation) as the most quantitative analytical
technique for preparing future projections. The approach integrates probability distributions for the
input variables to represent a likely range variation instead of single fixed-point estimate assumptions.
The simulation then runs multiple calculations of the output using a random distribution of the input
variables.
The Palisades @Risk platform was used to apply a Monte Carlo simulation technique to the City water
demand forecast. The forecast incorporated dynamic conditions into the uncertainty analysis, which
simulated 10,000 randomly developed future years to capture the impact of variable model inputs. As a
result, the forecasting model estimates future water demands and the probability that the forecast will
meet customer demands.
Two 2040 water demand forecast scenarios were evaluated: the City through 2040 and City through
2040 providing water service to a wholesale customer, i.e. Village of Winneconne, starting in 2025. The
model uses land- and per-capita-based calculations to determine the total water demand each year.
Table 4-1 outlines how each category of water use is accounted for in the forecast.
The model input variables and mean values of each input distribution are as follows:
• Population, mean values correspond to ECWRPC projections 2020 – 2040.
• Per-capita water use, mean value 38 gallons per capita day (gpcd).
• Land use, mean values range from 395 to 1,244 for 6 different types of water use districts. Water
use districts are described in Appendix B.
• Land-use-based water use factors, mean values range from 232 to 1,234 gallons per acre per day for
6 different types of water use districts.
• Municipal annual use, mean value 17 million gallons per year.
• Public annual use, mean value 262 million gallons per year.
• Non-revenue water, mean values range from 21 percent (current) to 14 percent (target 2040).
• MDD to ADD peaking factor, mean value 1.36.
All model inputs have associated distributions, except the Village of Winneconne annual use. Appendix A
provides a more detailed description of model inputs and their distributions. The information in
Appendix A is supported by the analysis of water use and land use summarized in Appendix B.
City of Oshkosh Water System Capacity Study
4-2 BI0227192330MKE
Table 4-1 Water Forecast Component Calculation
Water Use Calculation
Commercial Unit Factor x Acres
Total Water Demand Forecast Sum of Above Values
4.2 Forecasting Results
The water demand forecasts are presented as statistical distributions. In non-statistical terms, the mean
forecasted value represents the water system capacity needed to satisfy demand in 50 percent of the
10,000 simulated years; the 95th percentile value represents the water system capacity that satisfies
needs in 95 percent of the simulated years.
4.2.1 City Water Demand through 2040
The City forecasted average and MDD distributions are shown in Figures 4-1 and 4-2 and summarized as
follows:
• There is a 75 percent probability of meeting City needs with 8.1 million gallons per day (mgd) ADD
and 11.3 mgd MDD capacity.
• There is a 95 percent probability of meeting City needs with 8.9 mgd ADD and 12.7 mgd MDD capacity.
Figure 4-1. Forecasted 2040 City Water Demand Probability Distributions
2040 Average Day Demand 2040 Maximum Day Demand
Mean Mean
Median Median
Standard Deviation Standard Deviation
5% 5%
25% 25%
75% 75%
95% 95%
BI0227192330MKE 4-3
Figure 4-2. Forecasted 2040 City Water Demand Cone Diagrams
City Average Day Demand
City Maximum Day Demand
City of Oshkosh Water System Capacity Study
4-4 BI0227192330MKE
4.2.2 City with the Village of Winneconne Water Demand through 2040
The City with service to the Village of Winneconne forecasted average and MDD distributions are shown in
Figures 4-3 and 4-4 and summarized as follows:
• There is a 75 percent probability of meeting City and Village needs with 8.8 mgd ADD and 12.2 mgd
MDD capacity.
• There is a 95 percent probability of meeting City and Village needs with 9.5 mgd ADD and 13.7 mgd
MDD capacity.
Figure 4-3. Forecasted 2040 City with Village Water Demand Probability Distributions
2040 Average Day Demand
City with Village of Winnecone
2040 Maximum Day Demand
City with Village of Winneconne
Mean 8.4 Mean 11.6
Median 8.4 Median 11.5
Standard Deviation 0.63 Standard Deviation 1.13
5% 7.5 5% 10.1
25% 8.0 25% 10.8
75% 8.8 75% 12.2
95% 9.5 95% 13.7
BI0227192330MKE 4-5
Figure 4-4. Forecasted 2040 City with Village Water Demand Cone Diagrams
Average Day Demand
Maximum Day Demand
City of Oshkosh Water System Capacity Study
4-6 BI0227192330MKE
4.2.3 Sensitivity of the Forecast
A tornado diagram illustrates the sensitivity of a water demand forecast to specific inputs. In Figure 4-5,
the input variables are ranked from largest to smallest impact on the forecast. In the case of the 2040
ADD forecast, the inputs for per capita water use factor and non-revenue water had the greatest impact
on resulting water demand. Similarly, the MDD forecast is most impacted by the MDD to ADD peaking
factor and also has a large impact on the water demand. Sensitivity analyses of individual inputs can be
readily conducted by holding constant all but a single input. For example, if all inputs are held to their
mean value except per capita day water use which is modeled with a mean value of 35 gpcd, the
resultant mean ADD is 7.3 mgd; if all inputs are held to their mean value and the mean per capita day
water use factor is 41 gpcd, the resultant mean ADD is 7.9 mgd.
Figure 4-5. Forecasted 2040 City Water Demand Tornado Diagrams
Baseline = 7.7648
7.
2
7.
4
7.
6
7.
8
8.
0
8.
2
8.
4
8.
6
8.
8
Per-Capita Water Use
Non-revenue Water
Population
Interstate Commercial Acres
SWI Mixed Use Acres
Center City Mixed Use Acres
General Commercial Acres
SCI Mixed Use Acres
Interstate Commercial Unit Factor
NCI Mixed Use Acres
Average Day Water Demand (mgd)
BI0227192330MKE 4-7
Figure 4-5. Forecasted 2040 City Water Demand Tornado Diagrams, continued
4.2.4 WFP Clearwells Replacement Project and Forecasted Water Demands
The City’s 16-mgd capacity water supply, treatment, and distribution system is adequately sized to meet
forecasted City water demands through 2040. As part of the WFP Clearwells Replacement project, the
City intends to construct a new 16-mgd distribution (high lift) pump station. Given the forecasted MDDs
of 12 to 14 mgd, the City estimated the potential construction cost savings associated with lower-
capacity pump stations. This evaluation is presented in Appendix D and summarized in Table 4-2.
The estimated construction cost of the Clearwells Replacement Project is $17.3 million in 2017 dollars.
The potential cost savings from construction of lower-capacity pump stations ranges from about 0.3 to
1.6 percent of the total project cost.
Baseline = 10.7321
9.
5
10
.
0
10
.
5
11
.
0
11
.
5
12
.
0
12
.
5
Peaking Factor
Per-Capita Water Use
Non-revenue Water
Population
Interstate Commercial Acres
SWI Mixed Use Acres
Center City Mixed Use Acres
SCI Mixed Use Acres
General Commercial Acres
NCI Mixed Use Acres
Maximum Day Water Demand (mgd)
City of Oshkosh Water System Capacity Study
4-8 BI0227192330MKE
Table 4-2. Alternative Capacity Pump Station Construction Cost Differential Summary
Item Value Value Value Value
Pump Station Capacity, mgd 12 13 14 16
Pump Capacity (each), mgd 6 6.5 7 8
Intermediate Pump Station
Pump motor size, hp 50 60 75 75
Discharge pipe diameter, inch 14 14 16 16
Alternative Cost $505,788 $518,960 $594,470 $594,470
High Lift Pump Station
Pump motor size, hp 250 250 300 350
Pipe diameter, inch 14 14 16 16
Alternative Cost $369,358 $380,071 $434,838 $485,168
Subtotal Total $875,146 $899,032 $1,029,308 $1,079,638
Contractor markups $290,906 $298,845 $342,150 $358,880
Total with Contractor Markups $ 1,166,052 $1,197,877 $1,371,458 $1,438,518
Cost Differential $272,466 $240,641 $50,330 $0
BI0227192330MKE 5-1
5. Summary of Results and Conclusions
A probabilistic (Monte Carlo simulation)
modeling approach was used to the forecast
future City water demands. Monte Carlo
simulation supports a large number of
quantitative simulations of uncertain
variables and produces a distribution and
likelihood of forecast results. This approach
allows the City to evaluate risks associated
with future uncertainties. Inputs to the
model align with recent water billing data,
GIS data, and regional planning efforts—
namely the City of Oshkosh 2040
Comprehensive Plan prepared by ECWRPC
and adopted by the City in October 2018.
Within the Study 2040 planning horizon,
radical change is not anticipated in
population projections nor evident in
approved land use plans.
The results of the forecast indicate a modest
increase in water demand across most
customer classes, which is consistent with
the development plans adopted by the City.
Refer to Figure 5-1.
The City intends to use the water demand
forecasts to adequately size and prioritize
investment in water system infrastructure to
maintain high levels of customer service and
mitigate risks. The Study results indicate the
following:
• The current water system supply and
treatment capacity of 16 mgd is
adequate to meet the City’s needs based
on current comprehensive planning
information.
• The future water demand forecasts are
most sensitive to per capita water
demand and non-revenue water.
• While the forecast includes the
assumption the City will reduce non-
revenue water from a current average
of 21 percent to average of 14 percent
by 2040, it is unknown whether
additional water loss reduction
measures will be effective.
2015 City Water Use by Customer Class
Forecasted 2040 City Water Use by Customer Class
Customer Class
Figure 5-1. Current and Forecasted Water Use by
Customer Class
Residential
41%
Municipal
and Public
12%
Commercia
l
13%
Industrial and
Commercial
Mixed Use
12%
Center City
1%
Non-Revenue
water
21%
Residential
39%
Municipal
and Public
10%
Commercial
13%
Industrial
and
Commercial
Mixed Use
17%
Center City
7%
Wholesale
Customer
14%
Residential
36%
Municipal
and Public
9%
Commercial
12%
Industrial
and
Commercial
Mixed Use
16%
Center City
6%
Wholesale
Customer
8%
Non-
Revenue
water 13%
City of Oshkosh Water System Capacity Study
5-2 BI0227192330MKE
• Serving the Village of Winneconne or a similarly sized wholesale customer increases system capacity
needs to 0.6 mgd (ADD) and 0.9 mgd (MDD).
• There are no similarly sized public water systems near the City that could potentially supply water to
City customers through mutual aid agreement. Consequently, the City requires a relatively high
probability of being prepared to serve projected future demands. Low-risk water demand forecasts,
represented by the 75 to 95 percentile values, are recommended for long-range water supply
planning. It is further recommended that the City be prepared to serve a potential wholesale
customer, like the Village of Winneconne.
– There is a 75 percent probability of meeting City and Village needs with 8.8-mgd ADD and
12.2-mgd MDD capacity.
– There is a 95 percent probability of meeting City and Village needs with 9.5-mgd ADD and
13.7-mgd MDD capacity.
• The potential estimated construction cost savings of 14- or 12-mgd capacity pump stations in the
$17.3 million WFP Clearwells Replacement Project is about $50,000 and $270,000, respectively.
The incremental cost savings associated with constructing less than 16-mgd pumping capacity offers
limited financial benefit while reducing system capacity 12 to 25 percent.
• Significant reduction in distribution pumping capacity could negatively impact the City’s ISO
Classification and increase insurance costs for commercial and industrial businesses.
City of Oshkosh Water Sys
BI0227192330MKE 6-1
6. References
City of Oshkosh. 2004. Cooperative Plan Between City of Oshkosh and Town of Algoma.
City of Oshkosh. 2007. Intergovernmental Agreement Between The City of Oshkosh and The Town of
Nekimi To Provide For Orderly Growth and Development Within Agreed-Upon Municipal Boundaries.
City of Oshkosh. 2009. Intergovernmental Agreement Between The City of Oshkosh and The Town of
Black Wolf To Provide For Orderly Growth and Development Within Agreed-Upon Municipal Boundaries.
East Central Wisconsin Regional Planning Commission (ECWRPC). 2018. City of Oshkosh Comprehensive
Plan Update 2040. September.
Jacobs Engineering Group Inc (Jacobs). 2018. Proposed Village of Winneconne Water Supply Technical
Memorandum for the City of Oshkosh. March.
Appendix A
Water Demand Forecast Model
Development Technical Memorandum
th Street
BI0607191157MKE 1
Subject
City of Oshkosh
Prepared by Jacobs Engineering Group Inc. (Jacobs)
Date June 7, 2019
Project Number D3104100
1. Introduction
For the City of Oshkosh (City) Water System Capacity Study, Jacobs used a probabilistic model to
prepare a statistical distribution of water demand forecasts through 2040. A computer platform was
used to employ Monte Carlo analysis and evaluate the uncertainty associated with future projections.
This technical memorandum documents the development of the model input variables and, where
appropriate, their probabilistic distributions.
2. Model Input Variables
The model input variables are listed below. The probabilistic distributions of the model inputs described
in this technical memorandum are supported by the analysis of water use and land use summarized in
Appendix B.
• Population projections
• Per-capita water use
• Land use
• Land-use-based water use factors
• Municipal annual use
• Public annual use
• Non-revenue water
• Maximum day demand (MDD) to average day demand (ADD) peaking factor
2.1 Projected Population
Municipal population projections prepared by the State of Wisconsin Department of Administration and
refined by the East Central Wisconsin Regional Planning Commission (ECWRP) were input to the model.
Population projections are available in 5-year increments, and linear growth was assumed in interim
years and flattens between 2030 and 2040 (Figure A-1).
2 BI0607191157MKE
Figure A-1. Historic and Projected Population in the Service Area
Table A-1 lists the population projections for the City that were input to the model to estimate future
residential water demand. The ECWRPC projection was used as the 50th percentile value. A normal
distribution was applied to the population projections, with increasing uncertainty as years progressed
into the future. A maximum standard deviation of 3 percent was applied to years 2030 to 2040, which
would still allow for a low-probability scenario in which the growth rate observed between years 2025
and 2030 could continue through 2040 instead of leveling off. The probability distribution on projected
population includes estimated population in designated attachment areas that may be served by 2040.
A moderate correlation between population growth and land use development was included in the
forecast model to eliminate potential scenarios in which development was high but population growth
was low, and vice versa.
For the forecasting scenario that includes service to the Village of Winneconne (Village) or a different
similarly sized wholesale customer, Village population was not included in the model. Instead the
estimated future community water supply need of 450 gallons per minute, documented in Appendix C,
was used.
Table A-1. City Projected Population Distribution
Distribution Parameters
Year Population 5% 50% 95%
2015 66,900 N/A N/A N/A
2020 69,250 67,865 69,250 70,635
2025 71,250 69,113 71,250 73,388
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
1970 1980 1990 2000 2010 2020 2030 2040 2050
Po
p
u
l
a
t
i
o
n
EWRPC Projection Historic Population
5th percentile
95th percentile
Water Demand Forecast Model Development
BI0607191157MKE 3
Table A-1. City Projected Population Distribution
Distribution Parameters
Year Population 5% 50% 95%
2030 72,900 69,984 72,900 75,816
2035 73,650 70,704 73,650 76,800
2040 73,800 70,848 73,800 77,700
2.2 Water Use Factors
Residential Water Use
Based on review of City water billing data from 2014 through 2017 and detailed review of several
representative single-family and multi-family residential areas (see Appendix B), significant variation in
per-capita water use depending on the location or type of dwelling was not evident. The per-capita
water use probabilistic distribution was determined with the meter and annual reported customer
water use data. An inverse Gaussian distribution was chosen because the meter data indicated a
low probability of high-volume water use, typical use of 38 gallons per capita day, and an unlikely
low-volume use of less than 35 gallons per capita day.
Table A-2. Residential Per-capita Water Use Factor Distribution
Distribution Parameters
gallon/person/day 5% 50% 95%
40 35 38 50
Municipal and Public Water Use
The City’s municipal and public water use has remained relatively constant or slightly decreased since
2002. The City does not expect significant change in water use for schools, parks, or government
buildings in the future. A major water user in this category is the University of Wisconsin–Oshkosh,
which does not have plans for expansion or reduction of services. For these reasons, it was assumed
that municipal and public water use would remain consistent in the future. A Pert distribution was
applied to municipal and public annual water use based on recent historical data.
4 BI0607191157MKE
Table A-3. Municipal and Public Water Use Distribution.
Distribution Parameters
Million Gallons Per Year 5% 50% 95%
Municipal 17 11 17 21
Public 262 222 262 322
Water Use for Commercial, Industrial, and Mixed Use Land
Current land use, water use by land use type, and planned 2040 land use were used, as described in
Appendix B, to develop water use factors for characteristic water-using areas (districts) within the City.
Because land use information is available for the years 2015 and 2040, linear land development was
assumed for the planning period. A normal distribution was applied to the approved 2040 land use plan,
and a 10 percent standard deviation was applied to reflect uncertainty. A uniform standard deviation
was applied to all land use categories. The 2015 land use information was used as deterministic input to
the model.
Table A-4 Land Use Type Distribution
District 1
2015 2040
Distribution Parameters for 2040
Acres
Acres Acres 5% 50% 95%
Commercial Corridor East
Commercial Corridor West
739 1,166 975 1,166 1,357
Neighborhood Commercial North 622 491 411 491 571
North Central Industrial 774 1,244 1,040 1,244 1,448
South Central Industrial 583 786 656 786 915
Southwest Industrial 557 1,008 842 1,008 1,174
Main Street Mixed 63 395 329 395 460
Water Demand Forecast Model Development
BI0607191157MKE 5
A lognormal distribution was applied to each district water duty factor based on the observations for
unit factors of similar models with larger data sets. The largest probability was applied to water-duty
factors that were calculated using composite or annual average meter data. A lower probability was
applied to the maximum and minimum simulated years (see Section 2.4). It was assumed that the water-
duty factors would not change over time; however, the variation applied in the distribution
accommodates combinations of higher- or lower-intensity use than what is currently observed.
Table A-5 Land-Use-Based Water Use Factor Distribution
Distribution Parameters
gallon/acre/day 5% 50% 95%
Commercial Corridor East
Commercial Corridor West
603 423 603 784
Neighborhood Commercial North 622 482 622 811
North Central Industrial 232 185 232 285
South Central Industrial 420 342 420 539
Southwest Industrial 697 595 697 820
Main Street Mixed 1,234 1,058 1,234 1,515
Non-revenue Water
Non-revenue water data for the last 15 years are presented in Section 3, with values during the past
5 years serving as the basis of the distribution shown in Table A-6. The data within the past 5 years
encompass a year with significant water-main breaks resulting from extreme cold temperatures, as well
as years where the City has performed better than average. In the forecasting model, non-revenue
water was calculated as a percentage of water pumped to customers, including the categories of
residential, commercial, industrial, municipal, and public water use. Water use attributed to the Village
of Winneconne was excluded from the calculation of non-revenue water because it was assumed that it
is included in the Village request.
City non-revenue water currently averages 21 percent, despite current practices to reduce water loss.
The City targets to reduce non-revenue water to an average of 14 percent between now and 2040.
Water Demand Forecast
6 BI0607191157MKE
The forecast model uses the 2014 to 2017 average as the input for years up until 2025. After 2025, the
model uses the 2040 target distribution for non-revenue water. Pert distributions fit the historical data
and were applied to the current and target future average non-revenue water percentages.
Table A-6 Non-revenue Water Factor Distribution
Distribution Parameters
5% 50% 95%
Non-Revenue water, 2014 to 2017 average (%) 21% 15% 21% 25%
Non-revenue water, 2040 target (%) 14% 10% 14% 20%
Maximum Day Demand to Average Day Demand Peaking Factor
The average City MDD to ADD peaking factor is 1.36 for the past 15 years (see Section 3). An inverse
Gaussian distribution was used because it fit the historical data and has been used in similar models
with larger data sets.
Table A-7 MDD to ADD Peaking Factor Distribution
Distribution Parameters
5% 50% 95%
Peaking Factor 1.4 1.29 1.36 1.55
Appendix B
Water Demand Forecast Model Input Data
Analysis Technical Memorandum
135 S. 84th Street
BI0607191159MKE 1
Subject
City of Oshkosh
Prepared by Jacobs Engineering Group Inc. (Jacobs)
Date June 7, 2019
Project Number D3104100
1. Introduction
For the City of Oshkosh (City) Water System Capacity Study, Jacobs used a probabilistic water demand
forecast model. Model input variables and their probabilistic distributions, described in Appendix A,
were developed from data analysis described in this technical memorandum.
2. Data Sources
The data and planning information used to evaluate current water use and forecast future water use for
planned service area land use conditions and community population are listed in Table B-1.
Table B-1. Water Demand Model Data Sources
Data Type Source
Individual meter data by address and meter type City billing data for years 2014-2017, geocoded by Jacobs for
integration with the geographic information system (GIS).
Population, household size, residential vacancy rates The City of Oshkosh Comprehensive Plan 2040 Update (ECWRPC, 2018).
Land use mapping, 2015 City GIS shapefiles
Planned land use mapping, 2040 ECWRPC GIS shapefiles for 2040
City development plans City Department of Community Development and City Engineering
Department
Historical water use: sales by customer category,
water loss, non-revenue water, total pumpage
City annual water utility reports to the Public Service Commission of
Wisconsin.
Village of Winneconne water use City Technical Memorandum Proposed Village of Winneconne Water
Supply (Jacobs, 2018)
2.1 Model Input Variables
City water meter billing and land use data were analyzed to determine if neighborhood- or land-use-
specific unit factors exist among residential, commercial, and industrial user types. The analysis was
used to inform inputs into the probabilistic water demand forecast model (Appendix A).
2 BI0607191159MKE
2.2 Water Use Factors
In lieu of an analysis of water use by property parcel, current water use was characterized in multiple
areas within the City through evaluation of land use and billing data. These areas, referred to as
“districts,” represent areas of commercial, industrial, residential, and mixed-use in the City. Refer to
Figure B-1 at the end of this memorandum and descriptions in Table B-2.
Water use factors, developed with recent historical information, are used to forecast future water
demands in planned development (and redevelopment) areas with similar characteristics.
Table B-2. Project Districts
District Name Description
Commercial Corridor East (CCE) The eastern side of the Highway 41 commercial corridor is dominated by
chain restaurants, hotels, and big-box stores.
Commercial Corridor West (CCW) The western side of the Highway 41 commercial corridor has more offices
and fewer restaurants, stores, and hotels. The development in this area is
slightly less dense with a smaller amount of traffic.
Neighborhood Commercial North (NCN) The section along Murdock Avenue and Jackson Street on the north side of
the City is characterized by grocery stores, locally owned and chain
restaurants, car mechanics, and small businesses. This area is slightly more
pedestrian and characteristic of non-interstate commercial areas in the City.
North Central Industrial (NCI) North (or Fernau) Industrial Park on the northern side of the City has a mix
of industrial and commercial uses.
South Central Industrial (SCI) The Aviation Industrial Park on the south side of Oshkosh has a mix of
industrial and commercial uses.
Southwest Industrial (SWI) Southwest Industrial Park on the southwest side of the City is primarily
industrial use, with a small amount of surrounding commercial.
Main Street Mixed (MSM) Main Street in downtown Oshkosh has storefronts, bars, and restaurants
on the ground level with apartments and office space above. A hotel and
convention center are also located in this district.
Single-Family East This residential district on the east side of the City is characterized by
older homes and small to medium lot sizes for middle-income residents.
Single-Family West This residential district on the west side of the City is characterized by new
suburban development and medium to large lot sizes for middle-income
residents.
Single-Family North This residential district on the northern side of the City is characterized by
new custom homes and large lot sizes for upper-middle-income residents.
High-Density Apartments: Anthem Luxury Living This new multi-story apartment complex has 60 units and is mostly
middle- to upper-income residents.
High-Density Apartments: River Place This older multi-story apartment complex has 117 units and is mostly
middle-income residents.
High-Density Apartments: Lakeview Terrace This older multi-story apartment complex has 60 units and is mostly
university students.
High-Density Apartments: The Rivers This new multi-story apartment complex has 60 units and is for senior
residents.
Low-Density Apartments: Havenwood Heights This apartment development is composed of multiple free-standing
buildings each with a small number of units and some private garages.
The total number of units for the development is 352 and is mostly for
middle- to upper-income residents.
Water Demand Forecast Model Input Data Analysis
BI0607191159MKE 3
2.3 Meter Data Analysis
Water meter data from 2014 through 2017 were organized by customer account number and address to
create a single meter record that contained meter type and size; account type; annual minimum,
average, and use. These records were then geocoded by address for use with the City GIS.
Analysis of the yearly meter data did not reveal significant differences between years for each customer
class and their water use as shown in Table B-3. A data set for a composite year was developed by
averaging the annual use between 2014 and 2017 at each meter. The average annual use for each meter
was then summed by customer class to generate the composite year use shown as percentages in
Figure B-2.
Table B-3. Meter Data Summary: Annual Water Use by Customer Class (millions of gallons per year)
Residential Multi-Family Commercial Industrial Public Municipal Total
2014 815 186 325 239 251 14 1,829
2015 748 173 310 198 221 18 1,667
2016 734 173 326 204 228 18 1,684
2017 720 175 333 198 225 17 1,668
Composite Year 757 177 329 210 241 17 1,730
Figure B-2. Composite Year, Annual Usage by Customer Class
2.4 District Commercial, Industrial, and Mixed-Use Water Use Factors
To characterize commercial and industrial areas, water use factors were calculated for the varied
commercial and industrial customers. The geocoded meter data was overlaid with the 2015 land use
data in each project district. Water use factors were calculated as the total gallons used by the meters in
the district divided by the district area. For the commercial districts (CCE, CCW, and NCN), only the
commercial meters and commercial land types were considered, even though a small amount of
non-commercial water use is present.
Residential
44%
Multi-Family
10%
Commercial
19%
Industrial
12%
Public
14%
Municipal
1%
4 BI0607191159MKE
The City’s three industrial parks (NCI, SCI, SWI) have varied amounts of both industrial and commercial
land use; consequently, both customer meter types were used to determine respective water use factors.
The MSM district predominately has commercial meter types and land use. When calculating the water
use factor, residential-only meters and land use were excluded from the district to avoid double-
counting these users in the model. The small number of municipal and public meters was also excluded
from the district because this water use is not tied specifically to acreage, and it was assumed that the
municipal and public meter use would change at an independent rate in the future as described in
Appendix A.
Each district water use factor was calculated using composite year data. To develop extreme potential
water use conditions, the minimum and maximum water use values for district meters were used to
develop factors that represent water use if every district meter observed the minimum annual use
within the same year, or the maximum annual use within the same year (Table B-4).
Table B-4. Water Use Factors for Commercial, Industrial and Mixed-Use Land
2015 Acres 2040 Acres
Composite Year
Water Use Factor
Maximum
Water Use Factor
Minimum
Water Use Factor
gal/acre/day gal/acre/day gal/acre/day
CCE and CCW 739 1,120 603 784 423
NCN 622 473 622 811 482
NCI 774 1,052 232 285 185
SCI 583 780 420 539 342
SWI 557 896 697 820 595
MSM 63 386 1,019 1,226 853
2.5 District Residential and Multi-Family Water Use Factors
Water use in three representative neighborhoods of single-family homes and five apartment complexes
was characterized and summarized in Table B-5. Annual water utility report data was also analyzed to
determine the average per capita use was for the entire population. The estimated number of residents
in each district or apartment complex was determined using estimated vacancy rates in single- and
multi-family homes.1 For single-family homes, this was a 2.2 percent vacancy rate and an average
household size of 2.5 people using 2010 data. For multi-family homes, the estimated vacancy rate of
7.8 percent and an average household size of 2 people per unit was used.
Review of residential water billing data did not reveal significant variation in per capita water use
depending on the location or type of dwelling. That is, there are no areas of the City, even among newer
developments, where water use is consistently greater because of factors such as outdoor irrigation.
Comparing to the average residential water use for the entire population of approximately 38 gallons
per person per day, the district data may be slightly higher due to the estimations in vacancy and
occupancy rates.
1 City of Oshkosh Comprehensive Plan 2040 Update (ECWRPC, 2018)
Water Demand Forecast Model Input Data Analysis
BI0607191159MKE 5
Table B-5. Residential Water Use Factors
Number of
Homes or Units
Estimated Number
of Residents
Water Use,
gallons per person per day
Single-Family East 1,758 4,298 43
Single-Family West 1,828 4,469 46
Single-Family North 67 164 50
Anthem Luxury Living (new, high density) 60 111 44
River Place (old, high density) 117 216 61
Lakeview Terrace (old, high density, university area) 60 111 38
The Rivers Senior Living (new, high density) 60 111 47
Havenwood Heights (remodeled, low density) 352 649 63
Appendix C
Proposed Village of Winneconne Water
Supply Technical Memorandum
T E C H N I C A L M E M O R A N D U M
GES0607191201MKE 1
Proposed Village of Winneconne Water Supply
City of Oshkosh
CH2M now Jacobs
March 12, 2018
The Village of Winneconne (Village) has expressed interest in receiving water supply from the City of
Oshkosh (City). This technical memorandum documents the supply options analyzed for service to the
Village. A 12-inch diameter pipeline with a roughness value of 130 was utilized to convey supply from
the City to the Village. The 12-inch pipeline was connected to the City’s system at the intersection of
Ryf Road and Lake Butte Des Morts Drive, and run to the Well #2 site at the Village, a length of
approximately 37,325 feet. The Well No. 2 site is at an elevation of approximately 766 feet. The Village
desires service of approximately 425-450 gallons per minute (gpm) at a minimum pressure of 20 pounds
per square inch (psi). Figure 1 shows the potential layout.
Figure 1. Potential Layout
Analysis
The City of Oshkosh’s hydraulic model was used to estimate the delivery pressure to the Village, as well
as analyze the effects of delivery on the City’s system. The Max Day Demand model was utilized for
analysis. A 12-inch diameter pipeline (C-Factor = 130) was added to the model, connecting at the
existing 12-inch loop at Ryf Road and Lake Butte Des Morts Drive and continuing to a dead-end point at
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
2 GES0607191201MKE
the location of Well No. 2 within the Village. The pipeline is approximately A demand of 450 gpm with a
constant flow pattern was added at the dead-end connection.
City of Oshkosh Results
System pressures were reviewed for the existing system under MDD, and for the potential system under
MDD. Little difference in system pressure was found, as illustrated in Figure 2 and Figure 3. System head
at the connection point of Ryf Road and Lake Butte Des Morts Drive was reduced by approximately
5 feet (2 psi) with the addition of the Village flow, as illustrated in Figure 4 and Figure 5. This resulted in
the average existing pressure at the connection point being reduced from 69 to 67 psi.
Village of Winneconne Results
Service from the City of Oshkosh system is provided at an average grade line of 900 feet. The Village
connection point is at an elevation of approximately 766 feet. There appears to be a high point along the
pipeline route with a ground surface elevation of approximately 816 feet. A model junction with
elevation of 816 feet was entered at this point, as shown in Figure 6. Note that the Jacobs dataset is
limited, and elevations closer to the Village of Winneconne are unknown. If a higher point exists the
pipeline pressure will need to be assessed at that point.
High Point Pressure
Pressure at the pipeline high point ranges from an approximate low of 28 psi to a high of 38 psi. The
pressure diurnal is shown in Figure 7. The model simulates approximately 6 feet of headloss through the
10,200 feet of 12-inch dimeter pipeline from the City connection point to the transmission line high
point.
Village Service Pressure
The simulated Village of Winneconne service pressure ranged from a low of 43 psi to a high of 52 psi, as
shown in Figure 8. Headloss through the 27,125 foot pipeline from the high point to delivery at Well No.
2 was simulated to be approximately 16 feet.
Conclusion
Initial analysis shows the City of Oshkosh system to be capable of delivering 450 gpm to the Village of
Winneconne Well No. 2 connection point with a minimum of at least 20 psi at all points in the
transmission main and an average delivery pressure of approximately 48 psi.
Pressure along the transmission main route should be assessed on an individual basis for elevations
greater than 800 feet and lower than 715 feet, as pressures at these elevations may be either extremely
low or extremely high.
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
GES0607191201MKE 3
Figure 2. Existing System MDD Pressure
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
4 GES0607191201MKE
Figure 3. Potential System MDD Pressure
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
GES0607191201MKE 5
Figure 4. Existing System Hydraulic Grade Line
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
6 GES0607191201MKE
Figure 5. Potential System Hydraulic Grade Line
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
GES0607191201MKE 7
Figure 6. Transmission Pipeline Elevation Assessment
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
8 GES0607191201MKE
Figure 7. Pressure Diurnal at Transmission Pipe High Point
PROPOSED VILLAGE OF WINNECONNE WATER SUPPLY
GES0607191201MKE 9
Figure 8. Village of Winneconne Service Pressure
Appendix D
Clearwells Replacement Project
Lower-Capacity Pump Stations
Technical Memorandum
BI0607190520MKE 1
Subject
City of Oshkosh
Prepared by Jacobs Engineering Group Inc. (Jacobs)
Date July 30, 2019
Project Number 691019
1. Background
The upcoming City of Oshkosh (City) Water Filtration Plant Clearwells Replacement Project (Project)
includes the addition of an Intermediate Pump Station (IPS) to pump finished water to the new at-grade
storage reservoirs and a High-Lift Pump Station (HLPS) to pump finished water from the reservoirs into
the distribution system. The Water Filtration Plant (WFP) rated treatment capacity is 16 million gallons
per day (mgd), and the current design firm capacity of both pump stations is 16 mgd. As part of the
Public Service Commission of Wisconsin construction authorization process, the pump stations’ design
capacity was questioned. In response, the City prepared updated water demand forecasts for the water
service area through 2040. While the pump station structures will serve the City for over 50 years,
a 20-year demand forecasting horizon was selected to identify whether lower-capacity pumping
equipment can be initially installed to reliably serve City customers through 2040. The potential benefit
of installing smaller equipment is lower construction cost.
2. Introduction
Based on updated water demand forecasts documented in City of Oshkosh Water System Capacity Study
(Jacobs, 2019), there is a high probability that maximum day demands through 2040 will be less than
16 mgd. The purpose of this technical memorandum is to describe the potential cost savings associated
with constructing lower capacity pump systems. The City considered a range of initial capacities:
12 mgd, 13 mgd, and 14 mgd.
3. Hydraulic Capacity Impacts on Pump Station Design and Cost
3.1 Intermediate Pump Station
The IPS is a single-story, 1,836-square-foot masonry block structure with a standing metal seam room.
To reduce construction costs, the pump station will be constructed on top of the WFP Chlorine
Contact/Backwash Supply Tank (CT/BWS )Tank. The CT/BWS Tank will serve as the IPS wetwell and
foundation. The pump station includes a room for electrical and building mechanical equipment and a
room for pumps, piping, equipment lifting, and egress. The pump discharge header connects to the
existing CT/BWS Tank outlet pipe.
2 BI0607190520MKE
Reducing the IPS hydraulic capacity to 12 to 14 mgd has negligible impacts on mechanical and electrical
equipment physical space requirements. Reducing capacity will impact pump, motor, variable frequency
drive (VFD), electrical, and piping system costs. Prices for pumps and motors were obtained from the
base design pump manufacturer, Flowserve. Prices for VFDs, pipes, fittings, and valves were obtained
from Jacobs’ Conceptual and Parametric Engineering System cost-estimating software.
IPS vertical turbine pump selections for the alternative station capacities were provided by Flowserve.
A model 25SPM pump with a 75-horsepower (hp) motor was selected for both the 14- and 16-mgd
alternatives, resulting in the same pump price of $143,750 each. A smaller model 23SPL pump was
selected for the 12- and 13-mgd alternatives. The 12-mgd alternative pumps require 50-hp motors, and
the 13-mgd alternative pumps require 60-hp motors. The price of a 50-hp pump is $129,373 compared to
$130,625 for a 60-hp pump. Reduction in motor hp also reduces the size of the VFD for the 12- and
13-mgd alternatives. The costs for pumps, motors, and drives for the alternatives range from $520,000 for
the 12-mgd alternative to $595,000 for the 16-mgd alternative. Piping systems, including piping, fittings,
and valves are sized to limit flow velocity to less than 10 feet per second (fps). The IPS pump discharge
piping system is composed of 23 feet of pipe, 3 check valves, and 3 butterfly valves. The 14- and 16 mgd
alternatives piping system is 16 inches and can be reduced to 14 inches for the 12- and 13-mgd
alternatives. The 14-inch suction piping system costs $15,000 compared to $20,000 for the 16-inch piping
system. Refer to Table 1 for a cost-estimate summary at the attached equipment quotation.
If 75-hp motors are provided, a 600-amp electrical service is required for the IPS. If the pump motor size
is reduced to 60 hp or 50 hp, a 400-amp electrical service is sufficient. With smaller electrical service, the
2-350 thousand circular mil (kcm) with #1/0 American Wire Gauge (AWG) ground per phase cable and
conduit size to be reduced to 1-500 kcm #2 AWG ground per phase over the approximate 300 feet of
duct plus 100 feet of routing within the buildings. Cable and conduit to the drives and motors from the
motor control center (MCC) can also be reduced from 75 hp (3#1, #6G, 1.5-inch conduit) to 60 hp (3#2,
#6G, 1.25-inch conduit) to 50-hp (3#4, #6G, 1-inch conduit). There is no cable, conduit, and duct savings
if pump station capacity is reduced to 14 mgd. Cable, conduit, and duct savings is estimated to be
$12,000 if the 13-mgd alternative is selected, and $13,000 if the 12-mgd alternative is selected.
3.2 High-Lift Pump Station
The HLPS is a single-story, 23,000-square-foot masonry block structure with a standing metal-seam roof.
To reduce construction dewatering costs and eliminate the need for an elaborate foundation underdrain
system, the pump station will be constructed inside the walls of the buried clearwells. The pump station
includes a room for electrical and building mechanical equipment and a room for pumps, piping, and
equipment lifting and egress. The facility included extensive new pump suction flow metering piping
that included reservoir interconnect piping and new dual-pump discharge. Pump discharge piping
connects to existing mains located adjacent to the station.
The horizontal split-case pump selections for the alternative station capacities were provided by
Flowserve. A model 10LR pump was selected for all flow-rate alternatives, with each having at least one
variation. The pumps had either a different motor size or casing size, or both. The 14- and 16-mgd pump
selections included the same casing size but different motor sizes. Despite the 14-mgd alternative
pumps having a 250-hp motor and the 16-mgd alternative pumps having a 300-hp motor, the quoted
pump prices were the same (about $58,000 each). Pumps for the 12-, 13-, and 14-mgd alternatives all
have 250-hp motors, with the only difference between the pumps being the casing size reducing in
diameter relative to flow. The cost of the pumps for the 12- and 13-mgd alternative were relatively
equal at approximately $47,000 each. A reduction in motor hp for the 12-, 13-, and 14-mgd alternatives
Water Filtration Plant Clearwells Replacement Project Lower Capacity Pump Stations
BI0607190520MKE 3
also reduces the size of the VFD. The costs for pumps, motors, and drives for the alternatives range from
$362,000 for the 12- and 13-mgd alternative to $440,000 for the 16-mgd alternative. The piping systems
for the 12- and 13-mgd alternatives can be reduced from 16 inches to 14 inches for the other
alternatives. The HLPS pump suction and discharge piping system is composed of 53 feet of pipe,
3 check valves, 6 butterfly valves, and 6 bends. The 14-inch piping system costs $33,000 compared to
$45,000 for the 16-inch piping system.
If 350-hp motors are provided, a 1,600-amp electrical service is required for the HLPS. If the pump
motor size is reduced to 300 hp, a 1,200-amp electrical service would be sufficient. With smaller
electrical service, 4-600 kcm with #4/0 AWG ground per phase cable and conduit may be reduced to
4-350 kcm with #3/0 AWG ground per phase over the approximate 600 feet of duct plus 50 feet of
routing within the buildings. If a 250-hp motor is selected, the cable and conduit required drops further
to 3-500 kcm per phase with #3/0 AWG ground over that distance. Cable and conduit to the drives and
motors from the MCC can also be reduced from 350 hp (2x3-350 kcm, #1/0 G, 2.5-inch conduit) to
300 hp (2x3-250 kcm, #6 G, 2.5-inch conduit) to 250-hp (3-500 kcm, #1/0 G, 3-inch conduit). Cable,
conduit, and duct savings are expected to be $12,000 if the 14-mgd alternative is selected; $16,000 if
the 13-mgd alternative is selected, and $25,000 if the 12-mgd alternative is selected.
3.3 Main Power Distribution and Generator Sizing
Reducing the size of the generator and main power transformer is not recommended because the
generators in the current design are sized to back up the plant at 12 mgd (including a future UV
Disinfection System). Reducing the size of the generators would reduce future backup capability to
below 12 mgd. Note that the generators were limited in size to equipment that can fit in the existing
electrical room; expanding the existing generator room or construction of a new generator building was
determined to be cost prohibitive during design development.
Table 1. Pump Station Capacity Estimated Cost Reduction Summary
Item Value Value Value Value
Station Capacity, mgd 12 13 14 16
Each Pump, mgd 6 6.5 7 8
Intermediate Pump Station
Flowserve Pump Model 23SPL 23SPL 25SPM 25SPM
Pump motor size, hp 50 60 75 75
Discharge pipe diameter, inch 14 14 16 16
Discharge pipe velocity, fps 8.7 9.4 7.8 8.9
Pump, motor, drives cost $504,074 $516,245 $ 574,994 $574,994
Pipe, fittings, valves cost $14,715 $ 14,715 $19,476 $19,476
Pump-related electrical cost savings ($13,000) ($12,000) ($0) ($0)
IPS Alternative Equipment Cost $505,788 $518,960 $594,470 $594,470
High Lift Pump Station
Flowserve Pump Model 10LR-14B 10LR-16A 10LR-17B 10LR-17B
Pump motor size, hp 250 250 300 350
Water Filtration Plant Clearwells Replacement Project Lower Capacity Pump Stations
4 BI0607190520MKE
Table 1. Pump Station Capacity Estimated Cost Reduction Summary
Item Value Value Value Value
Pipe diameter, inch 14 14 16 16
Pipe velocity, fps 8.7 9.4 7.8 8.9
Pump, Motor, Drives Cost $361,041 $362,754 $402,160 $440,489
Pipe, Fittings, Valves Cost $33,317 $33,317 $44,678 $44,678
Pump‐Related Electrical Cost Savings ($25,000) ($16,000) ($12,000) ($0)
HLPS Alternative Equipment Cost $369,358 $380,071 $434,838 $485,168
Total Alternative Equipment Cost $875,146 $899,032 $1,029,308 $1,079,638
Contractor’s Markups and Contingency $290,906 $298,845 $342,150 $358,880
TOTAL $ 1,166,052 $1,197,877 $1,371,458 $1,438,518
Cost Difference from 16 mgd $272,466 $240,641 $50,330
4. Conclusion
The total estimated construction cost of the Clearwells Replacement Project is $17.3 million in 2017 dollars.
The estimated construction savings for the alternative 12‐ to 14‐mgd pump station capacities are about 1.6 to
0.3 percent, respectively. This is due in large part to mechanical and electrical equipment having nearly the same
space requirements for the capacities evaluated. In addition, the opportunity to reduce pipe by one size is
generally limited to piping within the stations because the design involves extensive reuse of existing buried WFP
piping.
Appendix B
Intergovernmental Utility Service Agreements
WINNEBAGO AREA INTERGOVERNMENTAL UTILITY SERVICE AGREEMENT
Winnebago Area Intergovernmental UtiUty Service Agreement ("Agreement") dated this
day of , 2020, by and between the Town of Oshkosh, a
Wisconsin town ("Town") and the City of Oshkosh, a Wisconsin municipality ("City").
Recitals
A. This Agreement is authorized by the intergovernmental cooperation provisions of
Wis. Stats. § 66.0301 and, to that extent, it will be liberally construed to accomplish its intended
purposes.
B. Attached as Exhibit A is both a legal description and an aerial photo of the
Winnebago area in the Town of Oshkosh that is the subject of this Agreement. The contents of
Exhibit A are incorporated by reference and, together, will be referred to as the "Winnebago Area."
C. The Winnebago Area consists of single-family homes, a post office, various
apartment buildings, and a commercial business, all consisting of approximately 103 residents.
The Winnebago Area is currently served by wastewater and water utilities provided by the State
of Wisconsin Department of Health Services, which owns a State institution generally described
as the Winnebago Mental Health Institute ("WMHI"). Currently both the water supply and the
wastewater discharge flow through WMHI to and from the City.
D. WMHI has notified the Town that it wishes to end its long-standing program of
providing water and wastewater utility services to the Wionebago Area. The City is willing to
continue providing water and wastewater utility services to the Wirmebago Area, subject to the
terms and conditions of this Agreement. Notwithstanding anything to the contrary, the City
expressly reserves aU rights regarding its legislative discretion to provide or deny the provision of
utility services to other areas within the Town or to any other third party, whether it may be a
public sector entity or otherwise.
E. The Town and City recognize that the Town and City, together with other Towns
and Sanitary Districts outside of the City but served by the City, are currently in the process of
reviewing and negotiating an updated Sanitary District Master Agreement. In addition, the Town
and City recognize that there may be issues that will need to be defined, addressed or addressed m
a different manner than contemplated at the time of this Agreement and the Town and City agree
to act in good faith to address any issues not contemplated, not adequately addressed within the
Agreement or m need of amendment or revision.
F. Subsequent to the execution of this Agreement, the Town and the City anticipate
that the Town will create a new town sanitary district encompassmg the Winnebago Area
(henceforth "Sanitary District"). The parties agree that, without further consideration, the rights
privileges and obligations of this Agreement shall automatically be assigned to this newly-created
Sanitary District.
NOW, THEREFORE, in consideration of the above recitals, which are contractual, the
Town and City agree, as follows:
1. Utility Services. The City will provide water and wastewater utility services
(combined "Utility Services") through the District to the Winnebago Area. Notwithstanding
anything to the contrary, the City has no obligation to provide Utility Services to any properties
not currently located within the Winnebago Area, as defined in this agreement, and all rights are
reserved by the City to decline the provision of Utility Services to any properties outside the
Winnebago Area regardless of the future boundaries of the Sanitary District. Furthermore, the
provision of the Utility Services described in this Agreement is subject to compliance with all
applicable City water and wastewater related ordinances, resolutions, and administrative rules; and
the Sanitary District Commission shall adopt all such ordinances, resolutions and administrative
rules necessary to fulfill this obligation.
The City agrees to provide potable water meeting Primary Drinking Water Standards to the District
to a connection point identified under Section 2 of this Agreement or as may be agreed upon by
the City's Director of Public Works and the parties' technical engineering representatives. The
City and the District shall each be responsible to test the water within their own systems and the
City shall bear no responsibility for water quality beyond the point of connection.
The City agrees to provide wastewater utility services to the District at a connection point
identified under Section 2 of this Agreement or as may be agreed upon by the City's Director of
Public Works and the parties' technical engineering representatives.
The District shall be responsible for all costs of connection, including engineering fees,
construction fees, and the costs of construction materials, but excluding SCADA equipment, water
meters and water metering equipment which shall be installed and paid for by the City and which
shall remain under City ownership. All construction plans shall be submitted to the City and
WDNR for approval prior to the commencement of any construction.
It is intended that the Utility Services described in this Agreement be limited to those existing
properties (whether vacant or developed) within the Winnebago Area, at the date this Agreement
is entered into. See attached Exhibit A to this Agreement. In addition to the preceding, the
Town/Sanitary District shall require the 12-unit apartment building on Sherman Rd., which is
currently served by a private well, to obtain potable water from the City through the District. It is
the intention of the parties that the sale, lease, inheritance or other similar conveyance of individual
private property rights shall not affect this Agreement except that no additional properties may be
added to the District and no substantial change of use for an individual service (such as from
residential to commercial or industrial) shall be permitted without specific written approval by
City. There shall be no resale, wholesale sale of or other extension of Utility Services by the
District or any customer thereof. Notwithstanding anjdhing to the contrary herein, the Town shall
not rezone any parcel(s) within the Winnebago Area without obtaining the City's prior written
consent, which consent may not be unreasonably withheld, delayed, or conditioned.
2. Scope of Project. Attached as Exhibit B. and incorporated by reference, are maps
depicting the location of the existing water distribution system and the existing wastewater
collection system within the Winnebago Area. The parties acknowledge that these systems need
replacement. Notwithstanding anything to the contrary, the Sanitary District is solely responsible
for the costs of replacing the existing water distribution system and the existing wastewater
collection system. Attached as Exhibit C. and incorporated by reference, is a description of the
project encompassing the construction of a proposed new water distribution system replacement
and a proposed wastewater collection system replacement (together "Replacement Utilities").
Upon installation, the Replacement Utilities will remain the property of the Sanitary District,
which is responsible for their operation, maintenance, repair, and replacement. Notwithstanding
anything to the contrary, the Replacement Utilities shall not include storm sewers.
Furthermore, cross-connections allowing ground water, storm water or any other prohibited
substance to enter the Replacement Utilities are strictly prohibited. The District will include as
part of the construction project, the replacement of each private building sewer line from property
line to its connection point inside the building to visually confirm clearwater cross-connections
have been eliminated. The-District will be required to verify the elimination of private property
cross-connections prior to completion of the construction project.
In addition, a backflow prevention device (full-sized check valve) shall be installed, at the City's
cost, with the City water meter at the connection point of the water distribution systems to prevent
any backflow from the District's water distribution system into the City's water distribution
system.
3. Flow Measurement. The City agrees that the potable water service will be metered
as the primary billing method to the District for water and sewer service. In addition, in order to
monitor and potentially surcharge for clear water inflow & infiltration (I/I), the District shall install
a Palmer Bowlus flume, or equivalent wastewater flow metering device approved by the City, in
a new meter manhole at the southeast comer of Sherman Rd./South Drive intersection. This new
manhole will be just upstream of the City's existing manhole at that intersection.
The District/City will develop an infiltration/inflow surcharge methodology acceptable to both
parties using field data collected in the first 12 months after the utilities replacement project is
completed. The Town/District v^ll record continuous flow data fi-om the flow meter in the meter
manhole and utilize this information in developing the surcharge methodology. Base level I/I
values will be determined by comparing metered potable water volumes to metered wastewater
flows in dry weather conditions at minimal usage times such as midnight to 5:00 a.m. It is
anticipated that the dry weather minimal usage time volumes will be insignificant. Similar
measurements will be made during wet weather events using storm events of an agreed to
magnitude (for example: 1" or greater rain event). The difference between base level flow values
and wet weather flow values will be surcharged to the District at an agreed to fee per 1000 gallons.
Details of the I/I surcharge methodology will be resolved during the initial year of operation of the
upgraded system. Modifications of the surcharge methodology can be made annually if requested
by either party. The District will conduct an annual metering check of the sewer system flow over
a two month period during spring wet weather conditions to verify I/I values are remaining in
check. Changes in the amount of I/I volume measured may result in a recalculation of the I/I
surcharge rate and include back billing for increased flows at the City's option.
The District shall provide and maintain a water meter structure with adequate power and heat for
the installation of a City owned water meter, with check valve, to be installed to record water flows
from City to the District. The structure shall not require confined space entry but shall provide
adequate space for safe maintenance, repair, and replacement of the meter. The water meter and
check valve shall be installed by the City in the structure and shall remain the property of the City.
The City shall be responsible for all maintenance of the meter and check valve. The District shall
provide necessary easements and access to the City for reading the meter and maintenance
purposed at all reasonable times. The meter shall be tested and maintained by the City as required
by PSC regulations and copies of all test results and shall be available to the District.
4. Billing. The District shall pay to the City water charges as determined by the PSC
which may include a meter charge, fixed charge, volume charge or such other fees and charges as
may be determined by the PSC. The City will make application to the PSC and will request a rate
be established for the sale of water to the District. It is the intent of this Agreement that the City
shall be fully compensated for its cost of providing Utility Services to the Winnebago service area.
Preparation of the application will include a cost of service analysis performed by outside
consultants experienced in developing rates and fees for water utilities in accordance with industry
practices. The City shall provide the District with a copy of the application within 10 business
days after the submission of the application. The District shall apply to the PSC for determination
of the rates it must charge the District's customers and abide by all regulations of the PSC, DNR
and other authorities governing public water and wastewater systems.
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,
including a base line I/I surcharge and a wet weather I/I surcharge; as may be determined by the
Common Council in a manner consistent with other Town Sanitary Districts and the master
wastewater services agreement. It is the intent of this Agreement that the City shall be fiilly
compensated for the provision of Utility Services to the Winnebago service area. Determination
of wastewater rates will include a cost of service analysis performed by outside consultants
experienced in developing rates and fees for wastewater utilities in accordance with industry
practices. The City shall provide the District with a copy of the analysis at least 15 calendar days
prior to consideration by the Common Council to allow the District to review and comment upon
the proposed rates.
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 by outside
consultants experienced in developing rates and fees for water and wastewater utilities in
accordance with industry practices. New rates shall automatically be included within this
Agreement upon approval of the PSC in the case of water, approval of the Council in the case of
wastewater; and notification to the District.
The City shall issue a single combined bill to the Sanitary District for the Utility Services being
provided pursuant to this Agreement. This combined bill will delineate water and sewer charges
and I/I surcharges. The Sanitary District is solely responsible for the payment of City invoices and,
further, the Sanitary District bears the risk of collection from individual Sanitary District
customers.
The District shall pay the City directly for all utility services consistent with the City's current
policy for customer billing. All invoices shall be timely paid and shall be subject to penalty and
bear interest in the same manner as other utility customers consistent with the City's current
policies. The District shall be responsible to directly invoice third party recipients for utility
services. Failure of or delay by any third party recipient to pay the District shall not relieve the
District of its obligation to pay City for Utility Services. The District and Town (to the extent
authorized by law) shall take all reasonable and necessary action to cause any overdue balances to
be paid to the City.
5. Term. The term of this Agreement is indefinite. When a new master agreement
among the City and the other Oshkosh-area sanitary districts, including the sanitary district that
will encompass the Winnebago area is entered into, that Agreement shall replace the terms of this
Agreement as to Sanitary Service and the term of this Agreement as to water service shall be
automatically amended to be coextensive with the new master sanitary district agreement.
6. Conditions Precedent. The performance obligations described in this Agreement
are subject to the following conditions precedent: (a) the Town or the Sanitary District obtaining
100% funding from the State of Wisconsin or the United States for the direct and indirect fees,
including engineering fees, to construct the Replacement Utilities; (b) the creation of the Sanitary
District by the Town Board of the Town of Oshkosh; (c) the receipt of all necessary State of
Wisconsin and City engineering and regulatory approvals; and (d) the absence of any litigation
challenging this Agreement or the formation of the Sanitary District. The Town Board retains, in
its sole discretion, all rights to determine the existence or applicability of the above conditions
precedent.
The performance obligations described in this Agreement are also subject to the creation of the
District and completion of construction of the Replacement Utilities within 36 months of the date
of this Agreement.
The provision of the Services provided by the City described in this Agreement is subject to the
District's compliance with all applicable City wastewater-related ordinances and administrative
rules pertaining to protection of the City's Collection System and the City's Wastewater Treatment
Facility. 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 the following sections
of Chapter 24 of the City of Oshkosh Municipal Code, except 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; replacing the terms "Control Authority" and "Authority" with the term
"District's Board of Commissioners;" and, replacing the terms "Director of Public Works" and
"Water Utilities Bureau Manager" with the term "District's Chairman": Sections 24-4, 24-5, 24-
6, 24-6.1 through 24-6.4, 24-6.6 and 24-6.7. Should these sections of the Municipal Code be
amended or additional regulations be adopted, the City will provide the amended or additional
provisions to the District and the District shall have 60 calendar days from receipt to adopt and
begin enforcement of the amended or additional required provisions.
7. Dispute Resolution. If a dispute related to this Agreement arises, the parties shall
attempt to resolve the dispute through direct discussions and negotiations. If the dispute cannot
be resolved by the parties directly, the parties will jointly seek the assistance of a qualified
mediator. If they cannot agree on the qualified mediator within 10 days of the request for a
mediator, a qualified mediator will be appointed by the Chairperson of the Alternative Dispute
Resolution Committee of the State Bar of Wisconsin, or if the Chairperson fails to appoint a
mediator, by the American Arbitration Association. The mediation session shall take place within
30 days of the appointment of the mediator. The parties agree that the mediator lacks the authority
to impose a settlement upon them but they will nevertheless attempt to reach a satisfactory
resolution of their dispute. The mediation session(s) are private and the parties shall maintain the
confidentiality of the mediation. The expenses of the mediatory shall be borne equally by the
parties. If the dispute is unresolved after mediation, either party may request the other party to
agree to arbitration or may commence an action in the Wisconsin Circuit Court. The parties shall
continue to perform according to the terms and conditions of this Agreement during the pendency
of any litigation or other dispute resolution proceeding. This Agreement is intended to provide
each party with the right and standing to seek any available legal or equitable remedy necessary to
enforce the terms of the Agreement or to provide relief from or damages for breach of the
Agreement. In any legal action brought to interpret or enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and all related costs of the mediation,
arbitration and/or litigation.
If the parties agree to submit the dispute to binding arbitration by an arbitrator of recognized
qualifications and the parties cannot agree on an arbitrator, they will request a five-person panel
list from the Wisconsin Department of Administration-Municipal Boundary Review. If
unavailable from this agency, the parties shall request a five-person panel list from the Wisconsin
Public Service Commission. Each party will have two strikes from the five-person panel list. The
parties may agree to an alternative method for the selection of a single arbitrator.
The arbitrator is not bound by Rules of Evidence or the substantive, intemal laws of Wisconsin.
The arbitration award is final and binding and shall be enforceable at law. The arbitration
provisions of Chapter 788 of the Wisconsin Statutes apply to the arbitration proceedings, unless
the parties agree on different arbitration procedures.
The City and the Town or, if the relevant party is the Sanitary District, will equally divide the fees
of the arbitrator, as well as the costs of stenographers, if any. The parties are responsible for their
own attorneys' fees, expert fees and costs.
Notwithstanding any language or provision in this Agreement, nothing in this section shall be
deemed a limitation on the City to enforce any violation of its ordinances, resolutions, or
administrative rules relating to water and wastewater services and to seek all available penalties
and remedies including injunctive relief.
8. Miscellaneous Provisions. The parties agree to the following additional provisions:
(a) Existing Sanitary Sewer Agreements. The Town and the City have
previously entered into various agreements relating to wastewater services.
The parties intend this Agreement and the preexisting agreements to
complement and supplement each other until this Agreement and the
preexisting agreements are replaced by a new master wastewater services
agreement. However, if there is an irreconcilable conflict between this
Agreement and any preexisting sanitary sewer (wastewater services)
agreement, the terms of this Agreement shall prevail.
(b) Amendments. This Agreement may be amended, from time to time, only
by the mutual consent of the parties, which for this purpose includes the
future Sanitary District. Any party wishing to propose an amendment shall
provide written notice to the other party. The notice will identify the
proposed amendment and the reasons supporting such amendment. Within
30 days after receipt of the notice, the parties shall meet to discuss and, if
necessary, negotiate the proposed amendment.
(c) Notices. All notices required under this Agreement must be served, either
personally or by certified mail, upon the parties' respective municipal
clerks. Any action taken by a party in violation of these relevant notice
requirements is voidable unless, under the particular facts, the public
interest outweighs strict enforcement of the notice requirement.
(d) Enforceabilitv. The parties have entered into this Agreement under the
authority of Wis. Stats. § 66.0301. Its enforceability will not be affected by
statutory amendments, changes in the form of City, Town or Sanitary
District government, or changes in elected officials. The parties agree that
this Agreement is to be construed as binding on their respective successors,
agents, and employees.
(e) Complete Agreement. This Agreement and its exhibits constitute the
complete agreement of the parties with respect to the matters covered
herein. No agreements, promises, or representations made during or in
connection with the negotiations for the approval of this Agreement are
binding or effective unless included herein. This Agreement may be filed
with the Register of Deeds of Winnebago County, Wisconsin. This
Agreement may be used in litigation, mediation or arbitration and may be
introduced into evidence by either party without objection in any action to
enforce the terms herein.
(f) No Waiver. The failure of any party to require strict performance with any
provision of this Agreement does not constitute a waiver of the provision or
of any of the parties' rights under this Agreement. Rights and obligations
under this Agreement may only be waived or modified in writing. A writing
waiving a right must be signed by an authorized representative of each
party. Waiver of one right, or release of one obligation, does not constitute
a waiver or release of any other right or obligation.
(g) 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 the mutual 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.
(h) No Third Partv Beneficiarv. This Agreement is intended to be solely
between the signatories set forth on the following pages and the
contemplated Sanitary District that may be created by the Town. Nothing
in this Agreement grants any third party beneficiary rights to any other
party.
(i) Construction. This Agreement shall be liberally construed to accomplish its
intended purposes. The parties acknowledge that the language contained in
this Agreement is the product of various individuals representing the
parties. Therefore, ambiguities shall not be construed against the drafter of
this document. This Agreement will be construed to give a reasonable
8
meaning to each of its provisions, and a construction that would render any
provision meaningless, inexplicable, or mere surplusage must be avoided.
(j) Non-Severabilitv. The parties acknowledge that the provisions of this
Agreement are interconnected. Therefore, if any provision of this
Agreement is held invalid, illegal or unenforceable, the entire Agreement
will be void if the parties are unable to replace the invalid provision through
the process described below.
If any provision of this Agreement is held invalid, illegal or unenforceable,
the parties shall make a concerted, good faith effort to substitute a valid and
enforceable provision as similar as possible to the provision at issue. If
agreement is not reached within 90 days of the adverse determination, the
parties shall submit the issue to mediation pursuant to the mediation
provisions of Section 7, above.
(k) Reservation of Rights. Nothing contained within this Agreement is
intended to be a waiver or estoppel of the City's, the Town's, or the Sanitary
District's or their insurers to rely upon limitations, defenses and immunities
contained within Wisconsin Statutes, including but not limited to Sections
345.05 and 893.80 and any similar law. To the extent that indemnification
is available and enforceable, the City, the Town, or the Sanitary District or
their insurers shall not be liable in indemnity, contribution, or otherwise for
an amount greater than the limits of liability of municipal claims established
by Wisconsin law.
However, nothing in this section shall be deemed a limitation on the City's
ability to enforce any violation of its ordinances, resolutions, or
administrative rules relating to water and wastewater services and to seek
all available penalties and remedies including injunctive relief. The City
shall not be required in such instance to provide statutory notice of injury
or notice of claim prior to commencement of such enforcement actions.
(1) Counterparts. This Agreement may be signed in one or more counterparts
each of which is deemed an original. This Agreement may also be signed
using pdf or facsimile signatures, which are deemed the same as an original
signature.
(m) Emergencv / Force Maieure. The ability of a party to fulfill the terms of
this Agreement may be impaired or restrictions on utility services may
become necessary due to emergency situations, the need for water use
limitations as provided within chapter 28 of the City's municipal code, or
due to other events, acts or causes not within the control of the party whose
performance is interfered with. In such case the affected party shall notify
the other party as soon as practicable and without unreasonable delay and if
the emergency or force majeure shall require restrictions on the provision
or use of the Utility Services, such restrictions shall be placed and done in
a manner consistent with the restrictions placed on similarly situated
customers of the utilities. Each party shall reasonably act to protect the
assets and resources of the other party.
[Left blank intentionally]
10
CITY OF OSHKOSH
The undersigned officers of the City of Oshkosh have executed this Agreement pursuant to a duly-
adopted resolution of the City Council dated the day of , 2020.
By:
City Manager
By:
City Clerk
Date: Co/l lo j ^n2n
Date:
APPROVED
CITYATTORNEY
OSHKOSH. WiSCONSIN
[Left blank intentionally]
11
TOWN OF OSHKOSH
The undersigned officers of the Town of Oshkosh have executed this Agr^^ent pursuant to a
duly-adopted resolution of the Town Board dated the ^ day of , 2020.
Date: Ovioe , ^-05^
wn Chairnerson
own Clerk
Date:
[Left blank intentionally]
12
TABLE OF CONTENTS - EXHIBITS
Exhibit A - Legal description and aerial photo of Winnebago Area
Exhibit B - Maps depicting the location of the existing water distribution system and the existing
wastewater collection system
Exhibit C - Description of the project encompassing the construction of a proposed new water
distribution system replacement and a proposed wastewater collection system replacement
("Replacement Utilities")
13
EXHIBIT A
Legal Description and Aerial Photo of Winnebago Area
[See attached]
14
JUNE 3, 2020
RE: TOWN OF OSHKOSH
A1910.5-20
TOWN OF OSHKOSH REVISED SANITARY DISTRICT DESCRIPTION (6-3-2020):
BEGINNING AT THE EAST % CORNER OF SECTION 36, TOWNSHIP 19 NORTH,
RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN;
THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHEAST % OF SECTION 36 TO
THE SOUTH RIGHT-OF-WAY LINE OF BUTLER AVENUE; THENCE EASTERLY ALONG
SAID SOUTH RIGHT-OF-WAY LINE OF BUTLER AVENUE AND THE NORTH LINE OF
LOT 1, CERTIFIED SURVEY MAP NUMBER 852 AS RECORDED IN WINNEBAGO
COUNTY RECORDS TO THE EAST LINE OF SAID LOT 1; THENCE S14°02'28"W 102.00
FEET ALONG SAID EAST LINE; THENCE S06°54'53"E 42.13 FEET TO A POINT ON THE
NORTH LINE OF LOT 3 OF C.S.M. 852; THENCE S89*'30'48"W 62.18 FEET ALONG
SAID NORTH LINE TO THE EAST LINE OF SAID SECTION 36; THENCE S00°17'28"W
380.47 FEET ALONG SAID EAST LINE TO A POINT ON THE NORTH LINE OF LOT 1 OF
CERTIFIED SURVEY MAP 749 AS RECORDED IN WINNEBAGO COUNTY RECORDS;
THENCE S76°09'32"E ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 1;
THENCE S14'^02'28"W, 199.00 FEET ALONG SAID EAST LINE; THENCE CONTINUING
SOUTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF SHERMAN ROAD TO THE
NORTH LINE OF THE SE % OF THE SE % OF SECTION 36; THENCE WEST ALONG SAID
NORTH LINE TO A POINT THAT IS 17.77 RODS WEST OF THE SOUTHEAST CORNER
OF THE NE % OF THE SE % OF SECTION 36; THENCE NORTHERLY AND PARALLEL TO
THE EAST LINE OF THE NE % OF THE SE 34 OF SECTION 36, 203.5 FEET; THENCE
EASTERLY AND PARALLEL TO THE SOUTH LINE OF THE NE 34 OF THE SE 34 OF
SECTION 36, 193.7 FEET; THENCE NORTHERLY 100.0 FEET ALONG A LINE WHICH
IS PARALLEL TO AND 100 FEET WEST OF THE EAST LINE OF THE NE 34 OF THE SE 34
OF SECTION 36; THENCE NORTH TO THE SOUTHEAST CORNER OF LOT 10, BLOCK
2, PICKETT'S PLAT AS RECORDED IN WINNEBAGO COUNTY RECORDS; THENCE
NORTHERLY ALONG THE EAST LINE AND THE EAST LINE EXTENDED OF SAID LOT 10
TO THE NORTH LINE OF PICKETT AVENUE; THENCE EAST ALONG THE NORTH LINE
OF PICKETT AVENUE TO THE SOUTHEAST CORNER OF LOT 8 OF PICKETT'S PLAT
BLOCK ONE; THENCE NORTH 137.7 FEET ALONG THE EAST LINE OF SAID LOT 8 TO
THE NORTHEAST CORNER OF SAID LOT 8; THENCE WEST 96 FEET ALONG THE
NORTH LINE OF LOTS 8 AND 7 OF PICKETT'S PLAT BLOCK ONE TO THE
NORTHWEST CORNER OF SAID LOT 7; THENCE SOUTH 137.7 FEET ALONG THE
WEST LINE OF SAID LOT 7 TO THE NORTH LINE OF PICKETT AVENUE; THENCE
WESTERLY ALONG SAID NORTH LINE TO THE NORTHEASTERLY LINE OF LANDS
DESCRIBED IN DOCUMENT NO. 1062500; THENCE N34°03'07"W ALONG SAID
NORTHEASTERLY LINE TO THE WEST LINE OF LOT 1, BLOCK 1, PICKETT'S PLAT;
THENCE NORTHEASTERLY ALONG SAID WEST LINE AND THE WEST LINE OF LANDS
DESCRIBED IN DOCUMENT NO. 1575209 TO THE NORTHWEST CORNER OF SAID
DESCRIBED LANDS; THENCE EAST ALONG THE NORTH LINE OF SAID DESCRIBED
LANDS TO THE WEST LINE OF LANDS DESCRIBED IN DOCUMENT NO. 1518698;
THENCE NORTHEASTERLY ALONG SAID WEST LINE AND THE WEST LINE OF LANDS
DESCRIBED IN DOCUMENT NO. 768615 TO THE SOUTH LINE OF BUTLER AVENUE;
THENCE NORTHEASTERLY TO THE SOUTHWEST CORNER OF LOT 3, CERTIFIED
SURVEY MAP NO. 5416 AS RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS
ON PAGE 5416 AS DOCUMENT NO. 1295080; THENCE N21''41'36"E, 340.27 FEET
ALONG THE WESTERLY LINE OF SAID LOT 3 AND THE WESTERLY LINE OF LOT 4 OF
SAID CERTIFIED SURVEY MAP NO. 5416 TO THE NORTH LINE OF SAID LOT 4;
THENCE N89°37'13"E, 325.68 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF
THE NORTHEAST % OF SEaiON 36; THENCE S00°14'16"W, 320.00 FEET ALONG
SAID EAST LINE TO THE POINT OF BEGINNING.
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Maps Depicting the Location of the Existing Water Distribution System
and the Existing Wastewater Collection System
[See attached]
15
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EXHIBIT C
Description of the Project for the Replacement Utilities
[See attached]
16
Exhibit C
1. Project Background and Existing Conditions:
The Wlnnebago area currently receives sewer and water services from the Wisconsin Department of Heaith
Services (DHS) through the Winnebago Mental Health Institute (WMHl) property. According to available
information, the original 1930s and 1940s water and sewer system that serves the Winnebago area has had
no significant repairs or upgrades since the initial installation. Presently, the City of Oshkosh supplies water
supply to WMHl, which then feeds Winnebago. Likewise, the sewage flows ultimately back to the City's
treatment facilities. WMHl bills the Winnebago area residents for sewer and water.
In recent years, DHS worked to remove itself from the ownership and operation of utility services In the
Winnebago area. DHS claimed that it isn't set up to be a utility provider and this service is better handled by
a Town Sanitary District or the City's Public Works Department. Letters sent by DHS to residents in 2014 and
2017 indicated that water and sewer services would be terminated. Discussions between the Town and the
State occurred to determine the best solution without terminating water and sewer service. The major hurdle
to this transfer of ownership is the aging infrastructure and the significant capital required to bring the sewer
and water systems up to a level that could be affordably managed and maintained. The recently completed
and adopted Town feasibility study found that the best solution for ownership of the infrastructure is a new
sanitary district for the Winnebago area, which is in the process of being created.
As of the Spring of 2019, DHS representatives stated that in order to transition ownership of the Winnebago
area utilities to the new Winnebago Sanitary District (WSD), funding would be provided to the Town to upgrade
the failing infrastructure through the CDBG Special Projects program.
2. Specific Details of Existing Utilities and Infrastructure:
The current infrastructure is old and failing and in need of repair or replacement. The original sewer and water
systems were installed by the State in the 1930s and 1940s. The sewer mains and laterals have been noted
as clay and there have been issues of cracked, leaking and plugged lines. The age and condition of both
systems justify the replacement of the sewer/water mains and laterals. Also, it Is likely that the water services
contain lead and/or galvanized pipe. Replacement of the private services will be a non-CDBG funded option
of the project.
Infrastructure improvements are estimated to cost over $1 million. The Winnebago area presently Includes 21
single family homes, 1 post office and 2 apartment complexes (32-unit and 12-unit). This area Involves about
103 residents, 62 of which are low-to-moderate Income individuals.
3. Extent of Proposed CDBG Special Project:
The Town of Oshkosh {and the WSD) intends to replace the existing public facilities that serve the Winnebago
area residents including sewer, water, drainage and street improvements in accordance with plans and
specifications developed by the Engineer. The Winnebago Area Utilities and Infrastructure Rehabilitation
Project is located In the Town of Oshkosh, Winnebago County, Wisconsin.
The utilities and infrastructure on Butler Avenue and portions of Sherman Road will be rehabilitated.
Specifically, about 700 feet of 8" sewer main and 780 feet of 6" water main and appurtenances wili be replaced
on Butler. About 1200 feet of sewer and water main and appurtenances will be replaced on the west side of
Sherman Road. The street sections along the utilities rehabilitation project route will be replaced as well.
The proposed WSD Utilities and Infrastructure Rehabilitation project will reduce or eliminate sewer/basement
backups, reduce infiltration and inflow into the system, and provide more reliable service with new
mains/laterals. Oshkosh's Wastewater Treatment Plant will save energy, maintenance operations, and
chemical costs from the sewage flow reduction. The result will benefit the area as a whole but will most
favorably impact the low- and moderate-income families by keeping their user rates as affordable as possible.
New water main and hydrants will improve area's firefighting capability. New water main will provide better
reliability and flow to the Winnebago customers.
EXHIBIT
Jh 004
CLERKSOFFICE
COOPERATIVE PLAN
Between
CITY OF OSHKOSH
And
TOWN OF ALGOMA
Those Involved in the Preparation of the Cooperative Plan
City of Oshkosh Community Development Department 3ackson Kinney
City of Oshkosh Attorney Warren Kraft
Town of AIgoma Administrator leanette Diakoff
Town of Algoma Attorney Robert Wertsch
Stafford Rosenbaum LLP Law Firm Richard K Nordeng Richard Yde
Hartenson Eisele Inc Warren Utecht
Boardman Suhr Curry and Field Richard Lehmann
Final Version Dated 3anuary 16 2004
Table of Contents
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section 19
Section 20
Section 21
Section 22
Section 23
Section 2
Section 25
Section 26
Section 27
Section 28
Section 29
1 Participating Municipalities 4
2 Blank
3 Territory Subject To The Cooperative Plan 4
4 Issues Problems Opportunities 4
5 Definitions 7
6 Term Of The Boundary Adjustment Period 8
7 Expansion Area And Protected Area 9
8 Long-TermBoundary Between City And Town 9 9
Attachment OfTerritory In Expansion Area Of Town To City 9 10
Procedure For Attachment 10 11
Local Ordinances 13 12
Current Land Use And Physical Development OfThe Territory 14 13
Relationship Of The Cooperative Plan To NOnparticipating Entities 19 14
Services 20 15
Environmental Evaluation Of The Cooperative Plan 23 16
Housing Needs 24 17
Comprehensive MasterPlanning 25 18
Authorizing Resolutions Record Of Public Participation And Cooperative
Plan Adoption Resolutions 25 Binding
Effect Of Cooperative Plan 26 Administration
OfThis Cooperative Plan 26 Dispute
Resolution 26 No
Challenges ToThis Cooperative Plan 29 Remedies
30 Amendment
30 Good
Faith And Fair Dealing 31 Invalid
Or Ineffective Ordinance 31 Implementation
31 Miscellaneous
Interpretation 31 Notices
32 Exhibits
Exhibit
A Protected Area ZonesA BCD34 Exhibit
B Buffer Area 35 Exhibit
C Town of Algoma Land Use Plan 36 ExH
BTrDMap Showing Relationship Of The Coop Plan to Nonpartic Entities 37 EXHIBrr
E Permitted Uses in Expansion Area 38 Exhibit
F Town Of Algoma Resolu Authorizing Support Of Boundary Agreement 40Exhibit
G City of Oshkosh Resolu Authorizing Support Of Boundary Agreement ExhibitHRecordofPublicParticipationandCommentatOakwoodSchool42 Exhibit
IIntergovernmental Boundary Agreement Exhibit
Immediate Attachments 2
OUTLINE OF CITY OF OSHKOSH AND TOWN OF ALGOMA
COOPERATIVE PLAN
UNDER WIS STAT 660307
The CTrY OF OSHKOSH a Wisconsin municipal corporation with offices at 215 Church
Avenue Oshkosh Wisconsin 54903-1130and the TOWN OF ALGOMA a Wisconsin municipality
with offices at 15 North Oakwood Road Algoma Wisconsin 54904 enter into
this Cooperative Plan Cooperative Plan or Plan subject to approval of the State
Department of Administration under authority of Wis Stat 66 0307RECITALS
A
Wis Stat 66 0307authorizes municipalities to determine the boundary lines between
themselves upon approval of a cooperative plan by the State Department of Administration
B
The purpose of a cooperative plan is set forth in Wis Stat 66 03073basfollows
The cooperative plan shall be made with the general purpose of guiding and accomplishing
a coordinated adjusted and harmonious development of the territory covered
by the plan which will in accordance with existing and future needs best promote
public health safety morals order convenience prosperity or the general welfare
as well as efficiency and economy in the process ofdevelopment C
Wis Stat 66 03072permits cooperative plans to provide for future boundary changes
D
On March 11 2003 the City and Town entered into an Intergovernmental Agreement
under the authority of Wis Stat 66 0301toprovide the basic foundation for
this Cooperative Plan The Intergovernmental Agreement isattached hereto as Exhibit
E
The City and Town entered into the Intergovemmental Agreement for the purposes of
establishing a long-term boundarylimiting the City s extraterritorialauthority within the Protected
Area assuring orderly growth and development outside the Protected Area protecting
Town owners from annexations against their will and facilitating attachment of
lands in the Expansion Area at the will of the owners without threat of lawsuits F
This
CooperaUve Plan isintended to implement the Intergovernmental Agreement and to
guide and accomplish a coordinated well-planned and harmoniousdevelopment of the territory
covered by the Plan 3
G This CoOperative Plan was developed following a review of regional county and
local plans and after a public hearing on the Plan noticed under Wis Stat
6603074b on December 18 2003 from which comments were received and said
comments are addressed in Exhibit H
H It is the intention of the City and Town that this Cooperative Plan be a binding and
enforceable contract
PLAN
THEREFORE the City of Oshkosh and Town of Algoma enter into this Cooperative Plan
under authority of Wis Stat 660307 and petition the State of Wisconsin
Department of Administration for approval in accordance with statutory procedures and
time frames
SECTON 1
PARTICPATTNG MUNTCZPALTIES
This Cooperative Plan applies to the City of Oshkosh and Town of Algoma located in
Winnebago County Wisconsin The boundary between the City and the Town is shown
on ExhibitA
SECTON 2
This section left intentionally blank
SECTZON 3
TERRZTORY SUB3ECT TO THE COOPERATtVE PLAN
The territory subject to this Cooperative Plan is all territory in the Town as of the date
of this Plan
SECTiON 4
ZSSUES PROBLEMS OPPORTUNTTES
This Cooperative Plan will address issues and problems and create opportunities as
noted in the subsections below
401 Existing Character of the Territory Town of Algoma The Town of Algoma
has a substantial amount of land within its sanitary district where development can
happen Exhibit C is a Land Use Plan amendment adopted by the Town of Algoma in
2001 which illustrates a potential lot concept This kind of detail is not normally done
4
for a land use plan It was done to better understand how each parcel of land could
relate to adjoining parcels from the standpoint of vehicular circulation as well as
pedestrian trails parks and a potential grade school site The planned area identified in
Map C is in the protected area and is also an area where a public water system will be
developed The remainder of the protected area is primarily undeveloped farm land
and other open space
The portions of the Town of Algoma in Zone A are mostly town islands or town
peninsulas created by annexations to the City of Oshkosh over the years Other areas
are being included in Zone A to create a more uniform boundary between the Town and
the City Land within Zone A contains a variety of land uses wetland areas or highway
right-of-wayTngeneral parcels in Zone A are similar in use to the surrounding land uses within
Oshkosh That portion
of the Town of Algoma in Zone B is located in and around the Winnebago County Airport
located in the City These parcels have been created from years of boundary changes
and all of them are town islands The eventual attachment of these town islands
will eliminate corporate limit line confusion and will be consistent with similar adjacent
land uses The land
in Zone C is mostly vacant farmland which within 20 years will be a logical next tier
of growth for the City of Oshkosh This area being all east of Clairville Road will most
likely develop as residential north of 20 h Avenue and possibly industrial south of 20th
Avenue This pattern of land use is consistent with what has occurred contiguous to
and directly east of the land in Zone C That portion
of the Town of Algoma in Zone D is presently rural farmland but in 40 years will
be needed as a long term tier of growth for the City of Oshkosh The most likely form
of land development will be residential in nature with some neighborhood commercial uses
primarily at the major road intersections 4 02
FutureRoad Networks The Town of Algoma and City of Oshkosh have held preliminary discussions
with the State Department of Transportation regarding the upgrade of
State Trunk Highway 21 to a backbone roadway This means that in the future Highway
21 may become a freeway that will dissect both the Town of Algoma and City
of Oshkosh and connect to the U S Highway41 freeway This reclassification will require
both the Town and City to plan for alternative arterial street systems to move local
traffic around the Town of Algoma and west side of Oshkosh Another major
roadway being considered is the creation of a north south arterial located near
Clairville Road This limited access roadway would be able to handle future land
development and connect Town and City lands on what is now the far western portion
of the Oshkosh metropolitan area Planning for the roadway now will prevent development
over the next 20 years from encroaching on the future highway
corridor This major roadway may also be one of the few connecting points full
interchange with the potential Highway 21 freeway system
403 Preservation of Natural Physical and Socio-EconomicAttributes The Town
has major wetland areas The Town has already planned for these sensitive environmental
areas tobe preserved and has shown trails to provide pedestrian access through
such areas for health wellness and enjoyment of Town and Ob residentsThe
Town of Algoma contains 60 registered historic structures according to the Wisconsin
Historical Society historic places inventory and about the same number of archeological
sites according to the State Archeologist office including a Native American
village Action has been taken to preserve areas of significance and future planning
efforts will take into account these historic and archeological sites The
City of Oshkosh has made efforts to preserve and enhance accessibility to and across
Sawyer Creek which angles southwest through the west side of the City as well parts
of the Town of Algoma within Zones C and D The City will make efforts to leave
this drainage corridor in its natural state with connecting trails and selected crossings
to allow the public to access and enjoy this natural amenity Other
pedestrian trail systems not previously menUoned are also being planned to produce
a series of walkways that will provide an alternative means oftransportation between
neighborhoods and places of employment orretail stores This
Plan will promote and enable cooperation bet veenthe City and the Town to coordinate
their plans for pedestrian trails 4
043oint Planning The City of Oshkosh is in the process of updating its comprehensive
plan The Town of Algoma has retained a consultant to begin its comprehensive
planning process With the Plan in place greater emphasis can be applied
to working jointly to resolve any potenUal land use conflicts or issues and to promote
efficient delivery of services to both the City and Town The
City and Town share the same Sewer Service Area and the Town of Algoma Sanitary
District 1 collects and transports its waste water to the Oshkosh treatment plant
The relationship of the Sanitary District and City of Oshkosh is expected to continue
into the foreseeable future Those
portions of the Town in the Expansion Area will be served as attachment occurs withsanitarysewerwaterandundergroundstormsewersystemTheProtectedAreawill
be served by the Algoma Sanitary District 1 for sewer and the new Algoma water utility
will serve most of the developed and future growth areas of the Town using deepwellsastheirwatersourceconstructedattheendof20036
405 Establish Long-TermBoundaries Between City and Town Eliminate Annexation
Disputes n previous years a number of annexation disputes occurred between
the City of Oshkosh and the Town of Algoma These disputes have absorbed City
and Town fiscal resources Current
Wisconsin annexaUon statutes and many decades of annexations have resulted in
the Town being fragmented into several discontinuous geographic areas and irregular peninsulas
The boundaries of the Town and the City are not well defined by built or natural
features which has resulted in service inefficiendes and challenges The irregular
boundary issues are addressed by this Plan The
term and implementation phases within the Plan recognize an attempt to balance the
competing desires of the City the Town and existing Town property owners and residents
The
final boundary between the City and the Town and the interim planning provisions within
the Plan will enable both municipalities to engage in more orderly land use planning
and development without wasting public resources on divisive boundary disputes
4
06Assure Orderly Development of City and Town Within the Planning Area The
Plan provides a mechanism for joint land use decision making while parcels in the Expansion
Area remain in the Town The Plan establishes extraterritorial zoning to manage
land use and development in the Expansion Area Within the Protected Area theTownofAlgomawillbeabletoundertakeappropriatelongrangeplanningwithassurance
that the Protected Area will remain in the Town SECTION
5 DEFINITIONS
For
the purposes of this Cooperative Plan the following words and phrases are defined as
follows 1
Algoma or Town The Town of Algoma Wisconsin a municipal corporation with offices
at 15 North Oakwood Road Oshkosh Wisconsin 54904 2
Attachment The method by which land is attached to the City as set forth in section
10 of this Plan 3
Boundary Line The boundary between the Protected Area and the City or Expansion
Area as shown on Exhibits A and B 4
Buffer Area Land within the buffer area is shown on Exhibit B and referenced in section
10 047
5 District or Sanitary District Town of Algoma Sanitary District
6 Exhibits Maps lists resolutions and other supporting documents that are attached
to this Plan and incorporated as part of the Plan
7 Expansion Area Geographic areas of the Town shown on Exhibit B divided into
four zones A B C and D as shown on Exhibit A which over time will be attached to
the City of Oshkosh
8 Final Attachment Attachment of remaining Town territory in the Expansion Area
Zone D as shown on Exhibit A alter the Intermediate Attachments
9 Intermediate Attachment Attachment of designated geographic zones A B
and C as shown on Exhibit A within the Expansion Area prior to the Final Attachment
10 Oshkosh or City The City of Oshkosh Wisconsin a municipal corporation with
offices at 215 ChUrch Avenue Oshkosh Wisconsin 54903-113011
Plan Territory All parcels of land within the Town of Algoma as of the date of this
Plan 12
Protected Area A geographic area shown on Exhibits A and B is protected from annexation
or attachment by the City during the term of this Plan 3
Town Island A Town Tsland means territory in the Town completely surrounded by
the City of Oshkosh 14
Voluntary Attachment An attachment of land within the Expansion Area pursuant
to unanimous request of all owners prior to Final or Tntermediate Attachment SECTION
6 TERM
The
term of this Cooperative Plan shall commence upon the date of its approval by the Wisconsin
Department of Administration and shall terminate at 11 59p mon February 28
2063 The basis for the 60 year term is that such time period is deemed by the City and
Town to be necessary to protect existing Town land owners from annexation against
their will and for the City to fully assimilate the territory in the Expansion Area in
an orderly and cost effective manner 8
SECTZON 7
EXPANSTON AREA AND PROTECTED AREA
The area of the Town subject to boundary adjustments over the term of this
Cooperative Plan and reserved for City growth Expansion Area and the area of the
Town protected from boundary adjustments Protected Area are shown on Exhibits A
and B
SECTZON 8
LONG-TERMBOUNDARY BETWEEN CTTY AND TOWN The
limits of the City bordering the Town as expanded through the final attachment of the
Expansion Area shall constitute the long-term boundarybetween the City and Town The
Town boundaries will result in a compact community bounded on the east and south
by the City The boundary agreement will allow for the elimination of Town peninsulas and
islands and other irregularities with the municipal border that may create service
delivery confusion or inefficiencies The vast majority of the plan area is and will
remain in the Oshkosh Area School District Terrain and other physical features are virtually
uniform throughout the planning area The staged expansion of the City into the
Town will allow for the orderly development of the City that should lessen urban sprawl
and create compactness over Ume The staged expansion will also allow for appropriate
planning of infrastructure and other service needs to these areas The City
may attach areas within the Expansion Area as provided in this Plan but will not attach
or annex during the term of this Plan and hereby waives its right to attach or annex
any part of the Protected Area of the Town except with the approval of four-filths of
the entire Town Board The City
and Town have independently determined that the long-term boundary establishedby this
Cooperative Plan best promotes the mutual public health safety order convenience prosperity
and general welfare as well as efficiency and economy of development within
both the City and the Town SECTION 9 AI
IACHMENT
OFTERRTORY TN EXPANSTONAREA OF TOWN TO CITY 901 Voluntary
AttachmentFollowing approval of this Plan by the State of Wisconsin Department of
AdministraUon property owner swithin theExpansion Area will have the
right to unanimously request attachment of their land s to theCity at any time Procedures to
attach land on a voluntary basis are found in Section 10 01 of thisPlan 9
902 Intermediate and Final Attachments Intermediate and Final AEachments of
Town territory in the Expansion Area shall occur as provided in sections 1002 and
1003 below
SECTLON 10
PROCEDURE -ATTACHMENT OF TOWN LAND TO CTTY ZNEXPANSZON
AREA10 01 Procedure for Voluntary Attachment The procedure for
Voluntary Attachment of territory in the Expansion Area to the City shall be as
follows a Upon written petition for attachment of land filed with the City Clerk on
City forms signed by ali of the owners of all the land exclusive of Town
roads abutting such land the City may with ten 10 days advance written notice
to Town Clerk without further review and approval of the Town and
without mandatory review and recommendation by the City Plan Commission or
any othersub-unit of the City adopt an attachment ordinance by a majority of the
elected members of its Common Council attaching the land The attachment
ordinance may designate a temporary or permanent zoning classification for
each parcel as prescribed in Wis Stat 660217 8
b Following adoption of the attachment ordinance the City Clerk shall immediately
file record and send copies of the same in accordance with Wis Stat
6602179a and 66030710 Failure to file record or send shall not
invalidate the attachment and the duty to file record or send shall be a
continuing one The information filed with the Secretary of State shall be utilized
in making adjustments to entitlements under the federal revenue sharing
program and to distribution of funds under Wis Stat chapter 79 and to any
successor or other federal or state entitlement or revenue-sharingprogram c
No land shall be attached to the City as a Voluntary Attachment without the consent
ofall of the owners Petition signatures orother indices of consent shall not
be required of residents occupants orusers of property who are not owners of
the property d
Territory may be attached to the City under this Cooperative Plan irrespective of
the size or shape of the territory Such attachments may create Town islands
The City however may reject any petition to attach territory that is not contiguous
configured or located in such a manner as will enable the City to provide
adequate and timely service The City is authorized to confer with landowners
interested in attachment torecommend the size shape and contiguity
of territory to be covered by a petition 10
e The Town shall not oppose any attachments permitted by this Agreement or
provide support financial or otherwise to those who do
f Any territory within the Expansion Area not attached to the City as a Voluntary
Attachment shall be attached to the City as an Intermediate or Rnal Attachment
in accordance with the time frames and procedures governing such Attachments
set forth below
1002 Procedure for Intermediate Attachment Geographic zones within the
Expansion Area may be attached by an Intermediate AEachment Ordinance adopted by
a majority vote of the City of Oshkosh Common Council as follows
a Zone A At any Ume between January 1 2012 and October 31 2012 the City
may adopt an Intermediate Attachment Ordinance attaching the territory in Zone
A The attachment shall be effective as of 1201 am on March 1 2013
b Zone B At any time between January 1 2017 and October 31 2017 the City
may adopt an Intermediate Attachment Ordinance attaching the territory in Zone
B and if not previously attached the territory in Zone A The attachment shall
be effective as of 1201 amon March 1 2018
c Zone C At any time between January 1 2022 and October 31 2022 the City
may adopt an Intermediate Attachment Ordinance attaching the territory in Zone
C and if not previously attached the territory in Zones A and B The attachment
shall be effective as of 1201 amon March 1 2023
d Intermediate Attachment Ordinances may designate temporary or permanent
zoning classifications for each parcel of land as prescribed in Wis Stat
62237d The City Clerk shall file record or send Intermediate Attachment
Ordinances in the same manner as described under paragraph 1001b above
e Intermediate Attachment Ordinances shall include all territory within each
geographic zone as identified in Exhibit A and as scheduled to be attached perparagraphsabandcofthissection
f Intermediate attachment Ordinances shall not require the consent of ownersresidentsorelectors
1003 Procedure for Final Attachment All but not part of the territory within the
expansion area of the Town on March 1 2043 may be attached to the City by a Final
Attachment Ordinance adopted by a majority vote of the City of Oshkosh Common
Council as follows
11
a At any time between lanuary 1 2042 and October 31 2042 the City may adopt
the Final Attachment Ordinance The attachment shall be effective as of 1201 amon
March 1 2043
b f the Town gives written notice to the City Clerk between January 1 2042 and
3une 30 2042 reminding the City of the Citys dght to attach the remaining Town
territory under paragraph a then the City shall lose that right if not exercised by
October 31 2042
c If the Town fails to give such notice and the City fails to act as provided in
paragraph a then the City may by June 30 of any year alter 2042 adopt a Final
Attachment Ordinance effective at 1201 amon the March 1 of the following year
d The Final Attachment Ordinance may designate temporary or permanent zoning
classifications for each parcel of land as prescribed in Sec 62237d Wis Stats The
City Clerk shall file record or send the Final Attachment Ordinance in the same manner
as described under paragraph 1001b above
e The Final Attachment Ordinance shall not require the consent of owners
residents or electors
1004 Attachments Shall Include Public Right-of-WayAllattachments
shall include the full width of abutting Town roads except those roads the centerline
of which is part of the Boundary Une The City may also include in such attachments any
Town road rights-of-way that abutlandspreviously annexed to the City before the effective
date of this Cooperative Plan even though such inclusions will create Town islands 10
05 Effective Date
ofAttachment Town territory in the Expansion Area included in an attachment will
be attached to the City effective at 12 01 a m onthe nextSunday alter adoption of
the Attachment Ordinance except as provided in sections 10 02 10 03
andll02c 10 06ImmediateAttachment
Effectiveanuary 1 following approval of this Plan by the State of
Wisconsin Department of Administration the boundary between the City and the Town is
adjusted by this Plan to attach to the City the road rights of way identified on Exhibit 3
At that time the City Clerk shall provide notice of the attachment as provided in
section 10 01 b above 12
SECTON 11
LOCAL ORDNANCES
1101 Attached Territory Town territory attached to the City from time to time
under this Cooperative Plan shall become City territory subject to all City zoning and
general ordinances on the effective date of attachment
1102 Town Territory in Expansion Area Not Yet Attached Town territory
located within the Expansion Area and subject to attachment but not attached shall be
subject to the following rules
a The Town consents to the construction of City utilities in Town rights of way and
easements as necessary to serve City territory subject to the Citys obligations i to
maintain access to Town territory ii not to interfere with Town utilities and iii to
restore the right of way or easement in accordance with commonly accepted practices
b The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement
c The City shall provide sanitary sewer storm sewer and water services to lands
prior to attachment on the same extension cost and payment terms as those generally
applicable to similarly situated lands within the City provided such services could
be made available to such lands if they were within the City and 2 the owners of
such lands unanimously petiUon for a delayed Voluntary Attachment to the City
effective 5 years after the service is available Any land provided service under this
paragraph shall be subject to Oty zoning and land use regulation pending attachment
The City may at any time adopt an ordinance under sec 1001 attaching such land as
of a date not earlier than five years after services are made available under this
paragraph
1103 Protected Area -rhe rules applicable to the Protected Area are as follows
a The City shall exercise no extraterritorial jurisdiction in the Protected Area for
zoning land division official mapping or otherwise
b The City shall not annex or attach any lands unless such annexation or
attachment is approved by a four-fifthsmajority of the entire Town Board c
The City and the Town shall consult with each other concerning a new north-south
arterial on or near Clairville Road d
The City shall not object to nor interfere with applications by the Algoma Sanitary Distdct
District to expand its boundaries or extend its sewer service area 13
1104 Buffer Area
la A Buffer Area is established as shown on Exhibit B As a means of protecting
adjoining land uses in the Town and City the Buffer Area is established to
maintain Iow density land uses allowed in residenUal zoning classifications
Allowable uses within the Buffer Area shall be limited to those set forth in Exhibit
E
b Additional uses within the Buffer Area shall be permitted only if approved by the
extraterritorial zoning committee established under sec 1105
1105 Extraterritorial Zoning Committee
la Consistent with Sec 62237a Wis Stats 1999-2000the City and the Town shall establish
a joint extraterritorial zoning committee EZC which shall exercise such power
and authority as contained therein within the Expansion Area lb
The EZC shall also have jurisdiction within the Buffer Area for purposes of sec ll
04bSECTION
12 CURRENT
LAND USE AND PHYSICAL DEVELOPMENT OF THE TERR TORYThe Town
is generally located on the west side of Oshkosh south of Lake Butte des iVlorts This
seddon of the Plan describes existing land uses within the Town the socio-economic
characteristics of the population and other aspects of the physical development
of the area 12
O1Existing Land Use and Physical Development Summary Of the 6 23024acres
in the Town of Algoma approximately 35 8or 2 22856acres is developed see
Table 1 Approximately 54 9of the town stotalland area or 3 41757acres is in
agricultural use while the remaining 9 4of the town stotal land area er 583 9acres
is vacant and undevelopable open water areas woodlands and land within 75 feet
of navigable streams The
Protected Area covers approximately 3 79177acres Of that total 46 4is developed
The Expansion Areas covers approximately 2 43847acres of which 19 2is
developed The
dominant land use in the developed portion of the town is single-family residentialwith 21
3 or1 324 97acresin that use category Table 1
also provides a breakdown of land uses in the Protected Area and Expansion Areas of
the Town of Algoma and what uses would remain in the Protected Area compared to
the Expansion Area Based on the statistics in Table l nearly half 14
464 of the land in the Protected Area has been developed as compared to less
than a fifth 192 of the Expansion Area The Expansion Area remains mostly rural
in nature
15
Table 1
Existing Land Use AS OF JUNE 2003
PROTECTED AREA EXPANS1ON AREA WHOLE TOWN
PARCELS ACRES AREA PARCELS ACRES AREA PARCELS ACRES AREA
Total 2915 379177 1000 378 243847 1000 3293 623024 I000o6
Churches 5 2879 08 0 000 00 5 2879 05
Residential 2036 113982 301 157 18515 76 2193 132497 213
Commerdal 36 6618 17 14 6609 27 50 13227 21
Industrial 6 3440 09 1 956 04 7 4396 07
Non-MetallicMining 5 68 291 80 0 000 065 68 291 1Utility
Public Fadlity 6 9 670 312 35 221 418 44 890 7Undeveloped
As Ama WeUand 36 257 466 89 43 701 845 301 164 8Open
Water Pool Lakes 16 100 912 70 0 000 016 100 911 6RecmaUon
Conservation 5 21 450 61 8 610 46 30 060 5Undevelopect
Agdcultural112 1360 94353 114 1805 6874 0226 3166 6250 8Vacant
Single Family Parcels 501 250 956 60 0 000 0501 250 954 0TrenspertaUon
InclRow 164 391 25L0 365 16 086 7229 555 338 9Undev
Within 75 Of Nav Stream 0 61 451 60 120 384 90 181 832 9DEVELOPED
2263 1759 8546 4250 468 7119 22513 2228 5635 8nclodes
Churches Developed Residential Commerdal Industrial Mining Utility PublicFacilities Recreation Transportation UNDEVELOPED
DEVELOPABLE I6131611 89142 5I114 t 1805 6874 0727 3417 5754 9Includes
Agricultural Vacant 5ingie Family UNDEVELOPEDUNDEVELOPABLEI
52 15 90194Includes
Open Water Wetlands 75 Buffer from Navigable Streams 12
02Socio-Economic CharacteristicsoftheTown Table 2 provides a review of the demographic
characteristics of the Town of Algoma and City of Oshkosh based on the 2000
Decennial Census 5 702 peoplereside in the Town of Algoma The minority population within
the Town is 119 people which is 2 1 ofthe total population The minority population
in the City of Oshkosh includes 4 577 residentswhich accounts for 73
ofthe total population Table 2
Socio-Economic Characteristics
CategoryCity of
Oshkosh Town of Algoma Population 62 916
5 702Race White58
339
92 75 58397 9Other 4577
7 3119 21 Median HouseholdIncome
1999 37636 71 79216
rotal Occupied Housing Units 24082 1940
Owner-Occupied13 8511 865Renter-Occupied
10r2375 Total Housing
Units 25 420 J1 983 SourceU
S Census2000 The Town
s medianhousehold income in 1999 provided by the 2000 Census was 71 792
comparedto the median household income in the Cib of Oshkoshof 37 636 Accordingto
the 2000 Census rental housing in Town of Algoma accounted for 75 units 4 of
the 1 940 occupieddwelling units in the Town Tn contrast rental housing in Oshkosh constitutes
10 231 units42 5 ofthe total 24 082 housingunits in the City The Town
s highermedian income and much lower number of rental housing reflects its predominantly single
family residential character Table 3
provides a further breakdown of population statistics for the City of Oshkosh and Town
of Algoma The Town of Algoma was growing steadily from 1970 to 1990 until it
took a leap between 1990 to 2000 increasing by over 63 from its 1990 population count
Meanwhile the City of Oshkosh experienced a 6 5 decreasein its population between
1970 and 1980 but rebounded after 1980 to show double-digit growth inthe
past twenty years Table 3Population
Change L970-2000
Year Town fAlgoma
Change Cib of Oshkosh Change 19703 158 ii
i ii 5308219803 2492
88 49620 -652 19903 4926
96 55006 1085 20005 70263
29 62916 1438 20106 94521
80 67757 769 20207 96314
66 69991 330 SourceU SCensus
1970-2000 20102020 projections fromECWRPC 12 03 Land Values There
are3 293 individual parcels of landin the Town of Algoma The Protected Area encompasses
2 915 parcels of which 613are undeveloped while the Expansion Area includes
378 parcels of which 114 are undeveloped The assessed value of land
in the Protected Area of the Town is 280 501 800 while the assessedvalueof land
in the Expansion Area is 18 874 000 17
1204 Existing Development Plans Oshkosh and the Town have each prepared
plans that provide guidance on the use and development of properties covered by the
Plan The City is also in the process of updating it comprehensive plan under the State
of Wisconsinscomprehensive planning Smart Growth legislation As part of the Citys
update the City will be seeking the Towns input and work cooperatively with the Town
In the interim the existing plans adopted by Oshkosh and the Town and other
governing entities eg County and East Central Wisconsin Regional Planning
Commission will remain in place Existing adopted plans and future comprehensive
plans of the Town and City shall govern development in the plan area The following
section provides a summary of the plans currently in place for the area covered by this
Plan
1205 Town Plans
a The land use plans prepared by the Town in the last eight years which guide
land use derision-makingand physical improvement projects within the Town are as follows
1
The Town of Algoma Land Use and Development Plan dated 3une 1995 was
prepared for the Town by the East Central Wisconsin Regional Planning Commission
The Plan includes a variety of recommendations and policies for residential
development commercial development parks open space and transportation
2
In 2001 the Town adopted a Land Use Plan Amendment Exhibit Cfor areas
that may experience long term residential development This area generally coincides
with the Protected Area as set forth in this Cooperative Plan The plan included
land use recommendations forthe location of one and two family neighborhoods
future parks and school site proposed pedestrian trails future cluster housing
potential commercial development future office parks as well as identifying wetland
and conservation areas streams and ditch locations The two major Town facilities
shown on Exhibit C are the Town Hall located at 15 North Oakwood Road and the
Volunteer Fire Department sfirestation located near the intersection ofOmro Road and
Oakwood Circle b
The Town of Algoma contains 60registered historic structures according to the Wisconsin
Historical Society historic places inventory and about the same number of archeological
sites according to the State Archeologist office including a Native American
village Action has been taken to preserve areas of significance and future planning
efforts will take into account these historic and archeological sites 12
06City of Oshkosh Plans The City has prepared a number of plans that cover the
Plan territory These plans include the following 18
a Urban Growth Plan -Recommendations for Peripheral Area Land Use
and Development adopted by the City in 1990 The Plan includes growth projections and
itincluded an identification of priodty growth areas and recommended land
uses b City of Oshkosh Comprehensive Plan adopted by the City in 1993 The
Plan provides a comprehensive growth and development strategy for the community
It provides land use and transportation recommendations that covered antidpated
growth areas within the Town of
Algoma cPedestrian and Bicycle Circulation Plan adopted by the City in 1998 The
Plan includes a variety ofrecommendations aimed at improving and implementing
pedestrian circulation and trail development within the community as well as in peripheral
growth areas including areas within the Town of
Algoma d Southwest industrial Park Expansion Area Site Master Plan prepared for the
City in 2001 by Foth Van Dyke The Plan provides a general strategy and guide for
the Oty to follow in its expansion of the Southwest Industrial Park including into
areas within the Town of
Aigoma e Southwest Area Sanitary Sewer Study prepared for the City by Earth Tech
inc in 2002 The plan provides technical data and planning recommendations to allow
for the orderly expansion of sanitary sewer facilities to areas south and west of the
City that includes lands within the expansion and buffer
areas12 07Coordination of Future Planning This Plan will facilitate efforts to
achieve a coordinated adjusted and harmonious development of the territory covered by
the plan and promote consistency of future land use as the two communities develop
their own comprehensive plans The Extraterritorial Zoning Committee will work
towards implementing any future Comprehensive Plan updates made by the City and Town
over the Ume period represented by this Cooperative Plan Any future land use plans
or amendments to existing plans made by either community will need to be
consistent with this Cooperative
Plan SECTZON
13 RELATIONSHTP OF THECOOPERATt VE PLAN TONONPARTtCrPAT
NG
ENTZTZES Exhibit D shows the political entities within Winnebago County and their relationship
to the territory included in the Plan There are six municipalities shown on the map
The territory included in the Plan isadjacent to the City of Oshkosh and the Towns of
Omro Utica Nekimi and Black Wolf The area includes the Town of Algoma Sanitary
District and it is covered primarily by the Oshkosh Area School District and to a lesser extent
on its western boundary by the Omro SchoolDistrict19
Wisconsin Statute Section 660307 requires that any boundary maintained or changed
under the Plan must be reasonably compatible with the characteristics of the
surrounding community In preparing the Plan Oshkosh and the Town have taken into
consideration the location of services that must be provided to areas subject to the
Plan including the transportation infrastructure the fiscal capacity of the communities
to provide the services needed the existing and ultimate political boundaries the
current boundaries of the school district and shopping and social customs For the
purposes of this section the surrounding community includes a 5-mileradius outside of
the boundaries ofthe area included in the agreement The
City of Oshkosh sdirection of pdmary growth has been to the west and the proposed
Plan will provide a structured approach that will enable the City to absorb areas
within the Town on a continuing east to westerly basis with the City eventually incorporating
the southem part of the Town of Algoma The
provision of services by the City and Town are made more difficult by confusing boundaries
in many areas Implementation of the Plan should improve the ability of the City
and Town to serve residents in the area covered by the Plan It
is anticipated that over the plan period residential development will occur to a substantial
extent in both the Protected Area and the Expansion Area It should also be recognized
that without a plan residential development would still occur in the subject areas
However with the plan in place it will be possible to provide for a more organized
and coordinated pattern of development where basic urban services will be provided
in a more efficient and cost effective manner Given the presumption that significant
residential development would occur in the subject areas with or without a plan
in place it would not appear implementation of the plan would result in significant changes
in the provision of school services from that which would otherwise occur SECTI
ON14 SERVICES
14
01Water Up until 2003 the Town of Algoma has had no central water supply system
with residences businesses and other uses receiving their water from individual
wells The District is now moving ahead to develop a new water utility which will
serve existing and future areas in the Protected Area using deep wells as their water
source constructed at the end of 2003 The
City of Oshkosh has a central water supply system The City sWater Utility which receives
staff support from the Department of Public Works includes the community snew
state-of-the-art waterfiltrationplantbetween Merfitt Avenue and Washington Avenue on the shore
of Lake Winnebago The Utility maintains a distribution system with over 300 miles
of water main which includes approximately 7 000 valves 2O
approximately 2410 fire hydrants approximately 20000 water services and over
22500 water meters of various sizes
As annexations or attachments occur and as areas within the Town come into the City
under the various attachment expansion time frames the City will plan for and
undertake the extension of water service to the Expansion Areas
Tn addition under the Cooperative Plan the City agrees to provide water services to
lands within the identified Expansion Areas prior to annexation or attachment on the
same extension cost and payment terms as those generally applicable to similarly
situated lands within the City provided a such services could be made available to
such lands if they were within the City and b the owners of such lands unanimously
agree to annexation or attachment to the City effective 5 years after the service is
available Lands under such agreements shall be attached to the City pursuant the
Boundary Agreement and Cooperative Plan and shall be subject to City zoning and land
use regulation pending the attachment
J402Sanitary Sewer The Town of Algorna Sanitary Sewer District provides sanitary
sewer service within the Protected Area of the Town of Algoma per an agreement
between the Algoma Sanitary District and the City of Oshkosh Approximately 65 of
the Protected Area is currently covered by the TownsSanitary District
The District will continue to own and operate the portions of the sanitary sewer system
within the Town for the term of this Plan regardless of what portion of the patrons of
the system is in the City To the extent supplemental agreements are necessary to
implement the terms of this paragraph the City and District will cooperate to enter into
such agreements on terms that are fair to both
Those portions of the Town in the Expansion Area will be served as annexation occurs
with City of Oshkosh sanitary sewer water and storm sewer system
The Citys Sewer Utility which receives staff support from the Department of Public
Works includes the Wastewater Treatment Plant on Campbell Road and over 260 miles
of sanitary sewer line The Wastewater Treatment Plant which completed a 20 million
upgrade in 998 is designed to treat a daily flow of 20 million gallons per day MGD
Tn 200 the plant received an average of 28 MGD while servidng a population of
approximately 73000 About 8 of the flow to the plant comes from industrial
sources
The Citys Sewer Utility has 33 full time equivalent employees
As annexations or attachments occur and as areas within the Town come into the City
under the 10 15 20 and 40 year expansion time frames the City will plan for and
undertake the extension of sanitary sewer service to these expansion areas
2
In addition under the Cooperative Plan the City agrees to provide sanitary sewer
services to lands within the Expansion Area prior to annexation or attachment on the
same extension cost and payment terms as those generally applicable to similarly
situated lands within the City provided a such services could be made available to
such lands if they were within the City and b the owners of such lands unanimously
agree to delayed attachment to the City effective 5 years after the service is available
Lands under such agreements shall be attached to the City pursuant to the Plan and
shall be subject to City zoning and land use regulation pending the attachment
1403 Stormwater The Town of Algoma primarily utilizes ditches for the conveyance
of storm water New development within the Town is subject to provisions of the
Winnebago County and Town Storm Drainage Regulations
The City of Oshkosh recently created a Storm Water Utility for the purpose of managing
and maintaining its storm water facilities The City has 210 miles of storm sewer and
various other streams creeks ditches and drainageways
The City has had a Storm Water Management and Retention Ordinance in place for a
number of years and through its enforcement the City has been able to minimize
problems associated with storm water runoff and control
1404 Streets By eliminating uncertainty about future jurisdiction over and
responsibility for roads in the Town this Plan is expected to promote better
maintenance of roads and cooperation between the City and the Town over road
improvements
lnaddition the City and Town agree to consult with each other concerning a new
north-southarterial on or near ofClairville Road 24
05Police Firef and Emergency Services Police services within the Town are provided
by the Winnebago County Sheriff sDepartmentThe
City of Oshkosh maintains a full time professional police department with 157 employees
Personnel include 100 officers 26 civilian employees 9 community service officers
22 crossing guards and police canine In addition there are currently 11 active
volunteers who support Department activities as well as 35 auxiliary police officers
The
Town of Algoma is currently protected by a volunteer fire department responding from
one fire station located near the intersection ofOmro Road and Oakwood Road in the
Protected Area The Volunteer Fire Department has a maximum of 40 members on their
roster and currently have approximately 35 members They operate 3 engines or 22
pumping apparatus one of which is a newer style Pierce engine They also have a
water tanker which carries 3500 gallons of water and a small grassbrush fire unit
The City is currently protected by a full time fire department responding from 6 fire
stations Total staff for the department is 104 The City operates 4 front line engine
companies 2 quints combination engine and ladder company L heavy rescue a
grassbrush fire unit I command car and 4 paramedic ambulances 2 front line 2
cross staffed with engine companies The Fire Department also staffs 3 airport fire
apparatus at its Wittman Regional Airport station and 2 hazardous materials units
Reserve equipment includes 2 engines 2 ambulances and a variety of support vehicles
Ambulance Services Commencing on the first day of the next month starting at least
thirty 30 days after a written request from the Town to the City Manager the City
shall provide emergency ambulance services throughout the Town on the same terms
under which the City currently provides such services to a portion of the Town
1406 Fiscal Capacity Town property valuation generates the second highest per
capita tax base of all municipaliUes in Winnebago County and the fourth lowest overall
tax rate The City has a diversified tax base and the attachment of lands in the
expansion area will strengthen that base
SECTION 15
ENVIRONMENTAL EVALUATION OF THE COOPERATIVE PLAN
The City and Town have evaluated the potential environmental consequences of the
Cooperative Plan including air and water pollution impacts energy use and the
protection of environmentally sensitive lands The Cooperative Plan identifies areas
which will become part of the City and be developed within the City consistent with the
Citys growth and development ordinances The Plan also identifies an area which will
remain within the Town and which will eventually be developed by the Town consistent
with Town and County ordinances and development standards The parties have found
no significant adverse environmental consequences of the Plan to the natural
environment including air and water pollution energy use environmentally sensitive
lands and development outside compact urban areas that contribute to urban sprawl
In the negotiation and preparation of this Plan the parties considered alternatives No
practical alternatives were discovered that would avoid or reduce adverse
environmental consequences n particular policies to discourage development are not
feasible as this area is committed to urbanization due to the attraction of Lake Butte
des Morts links to the major highways the Citys easterly growth constraint at Lake
Winnebago and its place within the rapidly growing Appleton-Oshkoshmetropolitan area
23
1501 Air Quality Impacts The existing adopted plans covedng the area do not
recommend a significant change in the type of development which currently exists
within the Town
1502 Water Quality Impacts The plans and regulations of the City and Town
recognize and are consistent with the areawide water quality plans adopted by the East
Central Wisconsin Regional Planning Commission Few water quality impacts are
antidpated related to the Plan As noted in Sections 1402 and 1403 areas within the
City are served by the Citys sanitary sewer system while the majority of developmentwithintheTownisservedbytheTownofAlgomaSanitaryDistrictandbothpartiesare
governed by storm water regulations
15O3 Energy Use The City and Town believe the Plan will serve to reinforce
implementation of smart growth planning principles which should serve to create more
compact and contiguous development patterns overall As a result energy use impacts
associated with implementation of the Plan will be comparatively lower than energy use
impacts associated with development that could occur on a more fragmented basis
without the Plan
1504 Environmentally Sensitive Lands The City Winnebago County and the East
Central Wisconsin Regional Planning Commission have identified envirenmentally
sensitive lands in the area covered by the Plan as shown on Exhibit and the Plan will
promote cooperation between the City and the Town to protect these resources
Environmentally sensitive lands are identified and pretected as part of the development
review and approval process that occurs in the City and Town The environmentally
sensitive lands that are identified include parks and open spaces wetlands stormwater
drainage corridors floodplain lands navigable streams natural areas significant
woodlands and steep slopes
1505 Compliance with Environmental Regulations Lands covered by this Plan
are and will remain under the jurisdiction of state and federal environmental laws and
regulations as applicable There are relatively few lands where state shoreland zoning
jurisdiction applies and legal requirements arising from shoreland designations will be
met by the Town and City as applicable
SECTION 16
HOUSING NEEDS
1601 Town Housing According to the 2000 census the Town of Algoma contained
1983 dwelling units of which 1865 were owner-occupied75 were rental and 43 were vacant
Of the 1 983dwelling units in the Town approximately 96 or 1 900units are
located in the Protected Area with 4 or approximately 83 units located in the proposed
Expansion Areas In general residential units in the expansion areas contain some
of the older single family housing stock in the Town of Algoma Due to higher
median income levels and high home ownership rates in the Towns protected area as
compared to the City of Oshkosh the Town expects to have relatively few residents of
low income seeking housing opportunities
1602 Oshkosh Housing The City contains a broad spectrum of housing types to
meet the various needs of its citizens Oshkoshsadopted Comprehensive Plan includes
strategies aimed at preserving and maintaining the communityshousing stock as well
as promoting housing affordability diverse housing opportunities and neighborhood
viability
SEClON 17
COMPREHENSiVEMASTER PLANNING
The territory subject to this Plan is covered by adopted plans of the City and Town as
described in Section L2 above The existing adopted plans and future updated
Comprehensive Plans will govem new development infill development and
redevelopment within the City and Town
The Plan will allow the City and Town to move forward with confidence over the plan
period in planning for the delivery of municipal services to the affected territory The
Plan identifies prospective cooperation in the area of extraterritorial zoning and it
provides a foundation for further cooperation between the City and Town in other areas
of mutual public interest
This Plan is consistent and compatible with existing local County State and Federal
plans ordinances codes and statutes The Plan was developed in recognition of the
multiple jurisdictions with an interest in the planning area
SECTION 18
AUTHORTZZNG RESOLUTZONS RECORD OF PUBLTC PARTTCIPATTON
AND COOPERATIVE PLAN ADOPTLON RESOLUTIONS
1801 Initial Authorizing Resolutions Both the Cib of Oshkosh and Town of
Algoma adopted resolutions authorizing the initial support of a boundary agreement
with copies located in Appendix F G
1802 Record of Public Participation and Comment
Public participation for this effort has included numerous public discussions and a
headng held at the Algoma Town Hall on December 18 2003 The record of this
hearing is included in Exhibit H
25
1803 Resolution IndicaUng Adoption and Authorizing Transmittal of the
Cooperative Plan to the State On 2004 the City of
Oshkosh adopted a resolution to adopt the Cooperative Plan Exhibit K and on
2004 the Town of Algoma adopted a resolution to adopt
the same Cooperative Boundary Plan Exhibit L
SECTION 19
BINDING EFFECT OF COOPERATIVE PLAN
This Cooperative Plan shall bind and accrue to the benefit of all successors of the City
and Town whether one or moro For example if a part of the Town should be
incorporated both the incorporated and unincorporated entities would be considerod to
be bound by the terms of the Plan Except as to the rights of the District and owners of
land currontly in the Town as exprossly set forth heroin this Cooperative Plan is for the
exclusive benefit of the Town and the City and their successors and assigns and Shall
not be deemed to give any legal or equitable right romedy or claim to any other person
or entity
SECTION 20
ADMINISTRATION OF THIS COOPERATIVE PLAN
This Cooperative Plan shall be administerod on behalf of the Town by Ken Neubauer
Town Board Chairperson a successor to this position or a designee approved by the
Town Board and on behalf of the City by Oshkosh by ackson Kinney Diroctor of
Community Development a successor to this position or a designee approved by the
Common Coundl Notification of the appointment of a designee must be given in
writing to the other party to this Cooperative Plan
SECTION 21
DISPUTE RESOLUTION
In the event of a broach of this Plan or a dispute between the Parties involving the
application interpretation or enforcement of this Plan
a The Parties shall meet to seek a resolution within l0 days following written notice by
one Party to the other Party of the breach or dispute
b If the issue is not resolved at such meeting or at an extension theroof mutually
agreed to by the Parties either Party may demand mediation The Parties shall submit
to mediation if demanded by either Party
If the Parties cannot agree on a mediator within five 5 days after the demand
for mediation either Party may request appointment of a qualified mediator by the
Chairperson of the Alternative Dispute Resolution Committee of the State Bar of
26
Wisconsin or if the Chairperson fails to appoint a mediator by the American
Arbitration Association
2 The mediation session must take place within thirty 30 days of the
appointment of the mediator
3 Each Party must designate a representative with appropriate authority to be its
representative in the mediation of the dispute
4 Each Party must provide the mediator with a brief memorandum setting forth its
position with regard to the issues that need to be resolved at least 10 daysprior to
the scheduled mediation session The Parties must also produce all information
reasonably required for the mediator to understand the issues presented The
mediator may require any Party to supplement such information
5 The mediator does not have authority to impose a settlement upon the Parties
but will attempt to help the Parties resolve their dispute The mediation sessions
shall be private The Parties and their representatives may attend the mediation
sessions
6 The cost of the mediator shall be borne equally by the Parties
7 The Parties shall maintain the confidentiality of the mediation and may not rely
on or introduce as evidence in any arbitral judicial or other proceeding iviews
expressed or suggestions made by the other Party with respect to a possible
settlement of the dispute ii admissions made by the other Party in the course of
the mediation proceedings iii proposals made or views expressed by the mediator
or iv the fact that the other Party had or had not indicated willingness to accept a
proposal for settlement made by the mediator
c Tn the event the issue is not resolved as a result of the meeting or mediation as
provided in paragraphs a and b the matter shall be submitted to binding arbitration
upon written demand by either Party to the other with notice to the Munidpal Boundary
Review Director of the Office of Land Information Services of the State of Wisconsin
Department of Administration of such demand The arbitration shall be performed by a
person designated by the Director in accordance with such rules and procedures such
person may specify subject to the terms of this Plan In the event the Director does
not appoint an arbitrator within 30 days of the Directorsreceipt of a written request to
do so then
1 The arbitration must be conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association AAA in effect at the
time of the arbitration Rules except as such Rules may be modified by this Plan
27
2 A Party desiring to submit a dispute to arbitration hereunder must file a Demand
for Arbitration Demand with the AAA at its office in Chicago llinois A copy of
such Demand must be sent to the other Party at the same time The arbitration
proceeding must be conducted by a panel of three 3 arbitrators selected from a list
of qualified arbitrators supplied by the AAA The arbitrators must be selected as
follows Within l0 days alter filing each Party shall appoint one 1 arbitrator
Within l0 days after they are chosen the two arbitrators shall choose a third
arbitrator who acts as chairperson of the arbitration proceedings If the two
arbitrators are unable to agree upon a third arbitrator within 10 days then the third
arbitrator shall be appointed by the AAA The arbitrators in the arbitration
proceeding must be individuals with the necessary expertise and competency to
pass on the matters presented for arbitration but said arbitrators may have no
interest in or prior connection with any Party
3 Following the appointment of the arbitrators each Party has the right to mail to
any other Party with a copy to the arbitrators a written request for the production
of certain identified documents or of all documents in possession of the other Party
relevant to any claims or counterclaims in the arbitration Within 10 days of receipt
of any such request the receiving Party must respond to such request but may
object to all or part of said request with a copy to the arbitrators on the ground
that it is unduly burdensome that the documents requested are irrelevant or
privileged or that such documents are equally available to the requesting Party
The arbitrators will rule on the validity of any such objection and the Parties must
produce documents in accordance with the ruling
4 The site of the arbitration shall be in Winnebago County Wisconsin unless
otherwise agreed to by the Parties The Parties must diligently and expeditiously
proceed with arbitration Upon the conclusion of any hearing the Parties shall have
30 days to submit written briefs in support of their respective positions The
arbitrators must make an award within 45 days after the filing of such briefs subject
to any reasonable delay due to unforeseen circumstances
5 Except to the extent the Parties remedies may be limited by the terms of this
Plan the arbitrators are empowered to award any remedy available under the laws
of the State of Wisconsin including but not limited to monetary damages and
specific performance The arbitrators have no authority to award punitive or other
damages not measured by the prevailing Partys actual damages and may not in
any event make any ruling finding or award that does not conform to the terms
and conditions of this Plan The award of the arbitrators must be in writing with a
statement of reasons for such award and signed by the arbitrators A written
decision of a majority of the arbitrators is binding upon the Parties An award
rendered by the arbitrators in an individual or consolidated arbitration may be
entered in any court having jurisdiction thereof
28
6 The arbitrators authority is limited solely to resolving disputes under this Plan
7 The pendency of any arbitration hereunder does not relieve either Party of any
of its obligations under this Plan
8 The Parties shall share equally the fees and expenses of the arbitrators as well
as all fees imposed by the AAA including but not limited to transcripts hearing
room rentals and administrative costs Each Party to the arbitration proceeding is
responsible for its own costs and legal fees if any except that the arbitrators are
empowered to award such costs and fees against a Party who prosecutes or defends
an arbitration hereunder in bad faith or as otherwise provided in section 11b
d Paragraphs a b and c of this section shall be the exclusive method of resolving the
issues specified in the introduction to this section and both Parties waive their rights
under sec 89380 Stats and their fights to seek remedies in court as to such issues
except that the prohibition on court actions shall not apply to
1 Actions to enforce an arbitration award under c
2 Actions for injunctive relief necessary to protect We public health safety or
welfare during the dispute resolution process
3 Disputes involving a necessary third party who refuses to consent to arbitration
as provided above or
4 Disputes involving a necessary third party when the Municipal Boundary Review
Director fails to appoint an arbitrator
e In the event any of the entities designated to perform mediation or arbitration
services under this section ceases to exist or for some other reason cannot or does not
perform said services the Parties shall use their best efforts to agree on a substitute to
perform the services
SECTION 22
NO CHALLENGES TO THS COOPERATTVE PLAN
a The Parties waive all rights to challenge the validity or enforceability of this Plan or
any of its provisions or to challenge any actions taken pursuant to or in accordance with
this Plan
b in the event of a court action by a third party challenging the validity or
enforceability of the Plan or any of its provisions the Parties shall fully cooperate to
vigorously defend the Plan
29
if only one Party is named as a party to the action the other Party shall seek to
intervene and the named Party shall support such intervention
2 No settlement of such an action shall be permitted without the approval of the
governing bodies of the Parties
3 The workload to defend the Plan shall be shared equally
c A challenge to the Plan by one of the Parties or a failure to vigorously defend the
Plan constitutes a breach of the Plan
SECTION 23
REMEDIES
In the event of a breach of this Plan
a Except as limited by section 21 above either Party may seek declaratory judgment
or specific performance of this Plan by court action in addition to any other remedies
available at law or in equity No Party shall challenge the standing of the other in such
an action
b The breaching Party shall pay the other Partys attorney fees reasonably incurred in
seeking remedies for the breach provided that the breaching party has been given
notice and a reasonable opportunity to cure the breach prior to commencement of any
proceedings for a remedy Following the dispute resolution procedure outlined in
section 21 a and b constitutes sufficient notice and reasonable opportunity to cure
under this paragraph
SECTION 24
AMENDMENT
2401 The procedure for amendment of this Cooperative Plan is found in Sec
6603078 Wis Stats
2402 n the event a change in state or federal law substantially affects this Plan
either party may request that modifications be made to the Plan to maintain as closely
as possible the original terms intent and balance of benefits and burdens of this
Cooperative Plan In the event they are not able to reach agreement in such situation
either the City or Town may require submission of such dispute to arbitration under
Section 21
30
SECTION 25
GOOD FAITH AND FAiR DEALING
The City and the Town hereby acknowledge that this Cooperative Plan imposes upon
each of them a duty of good faith and fair dealing in its implementation
SECTION 26
INVALID OR INEFFECTIVE ORDINANCE
In the event that any Ordinance including but not limited to Attachment and Zoning
Ordinances which parties are required or entitled to enact andor enforce by this
Cooperative Plan is adjudged by any court of competent jurisdiction to be invalid or
ineffective in whole or in part the Qty and Town shall promptly meet to discuss how
they might satisfy the intent of this Cooperative Plan by alternative means including
without limitation enacting another ordinance designed to saUsfy the courts objections
The Town and City shall use their best efforts to find design and implement a means of
successfully accomplishing the intent of this Cooperative Plan I necessary they shall
negotiate appropriate amendments of this Cooperative Plan to maintain as closely as
possible the original terms intent and balance of benefits and burdens of this
Cooperative Plan In the event they are not able to reach agreement in such situation
either the City or Town may require submission of such dispute to arbitration under
Section 21
SCTION 27
IIIPLEIIENTATION
The Town and the City shall each take such actions as may be necessary or desirable to
implement and effectuate the provisions and intent of this Cooperative Plan
SECTION 28
IIISCELLANEOUSINTERPRETATION
2801 References Any references in this Cooperative Plan to any particular agency
organization or officials shall be interpreted as applying to any successor agency
organization or official or to any other agency organization or official to which
contemplated functions are transferred by statute or ordinance Any references in this
Cooperative Plan to any particular statute or ordinance shall be interpreted as applying
to such statute or ordinance as recreated or amended from time to time
2802 Section Titles Section and subsection titles in this Cooperative Plan are
provided for convenience only and shall not be used in interpreting this Cooperative
Plan
2803 Governing Law This Cooperative Plan shall be governed by construed
interpreted and enforced in accordance with the laws of the State of Wisconsin
31
2804 Interpretation Tf any term section or other portion of this Cooperative Plan
is reviewed by an administrative agency court mediator arbitrator or other judicial or
quas-judidal entity such entity shall treat this Plan as having been jointly drafted by
both the City and the Town By the terms of this Plan neither Party shall benefit from
not having drafted this document
2805 Entire Agreement The entire agreement of the Qb and the Town is
contained in this Cooperative Plan and it supercedes any and all oral representations
and negotiations between the municipalities and supercedes and replaces that certain
Intergovernmental Agreement of February 28 2003 However in the event of any
ambiguity in this Plan the Tntergovernmental Agreement may serve as a guide to
interpretation of this Plan
SECTION 29
NOTICES
All notices required by or relating to this Cooperative Plan shall be in wdting Each
notice shall specifically refer to this Cooperative Plan by name and shall refer specifically
to the number of the sections subsections paragraphs or subparagraphsto
which the notice relates Any such notice shall be delivered in person to the Clerk of
the municipality receiving the notice or to the person apparently in charge of the Clerks
office during normal business hours or shall be mailed to such Clerk by certified mail
return receipt requested at the Clerks office Each notice shall be effective upondeliveryinpersonormailingoruponactualreceiptwithoutregardtothemethodof
transmission whichever occurs first
32
ZN WITNESS WHEREOF the City and Town certify that this Cooperative Plan has
been duly approved by their respective governing bodies in accordance with State and
local laws rules and regulations and each has caused their duly authorized officers to
execute this Cooperative Plan on the dates written before their respective signatures
THE CITY OF OSHKOSH a Wisconsin Municipal Corporation
Date Ag 2004
City Manager
APPROVED
--CITY
ATTOR OSHKOSH
WISCONSIN Date t-
2004 TOWN OF ALGOMA a Wisconsin
Municipality Date d 1
2004 By U Town
Chairperson Date --J r A
2004 ByL 6 -COLTownClerk33
-l-
X
LII
EXHrBZT C-TOWN OF ALGOMA LAND USE PLAN
36
Exhibit D
Martenson liSeleInc Non Participating Entities
OshkoshAlgoma Boundary
Agreement Plan
37
EXHZBZT E
Permitted Uses accordnE to Oshkosh and Winnebago County Zoning
Ordinance excerpts
Single family dwelling
Accessory structure customarily incidental to the residential principal use when located
on the same lot and not occupied by nor involving the conduct of a business or home
occupaUon
One boathouse on lots abutting navigable water which incidental to the residenUal
principal use when located on the same lot not occupied by nor involving the conduct of
a business or home occupation
Home occupaUon
Family day care center
Group homes licensed operated or permitted under authority of Wisconsin Department
of Health and Social Services with 8 or fewer persons
Public park including all accessory structures parking lots signage and any other park
related structures
Agricultural
Beekeeping
Dairying
Fish farms
Floriculture
Forestry
Fur farms
Grazing
Greenhouse
Hay
Uvestock raising
Orchards
Paddocks
Pasturage
Plant nurseries
Poultry raising
Stables
Sod farming
Truck farming
Viticulture
Wild crop harvesting
Raising of
Cash crops
Mint
Grass
Seed crops
38
Silage
Nuts and berries
Vegetables
Barns silos etc
Conditional Uses
Art center
Cemetery
Church
Commercial greenhouse and nursery
Community center
Day care center
Funeral home
Governmental structures
Group home licensed operated or permitted under authority of Wisconsin Department
of Health and Social Services with 9 or more persons
Hospital
Municipal structure
Museum
Nursing home
Parking lot
Public utility structures
Retirement community
School public and private including kindergarten elementary and high school
Swimming club private non-profitFarm
dwellings which are for those resident laborers including family of operator or laborers
who earn any part of their livelihood from farm operations on the parcel provided
the Town Board verifies -in writing -said use of proposed residential
unit Yard standards according to the applicable residentialdistrict39
EXHTBITF
Town of Algoma Resolution
Authorizing Support of Boundary Agreement
EXHiBIT F
RESOLUTION
RESOLUTIONAUTHORIZING INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
TOWN OF ALGOMA Ah lttECITY OF OSHKOSH
AND INITIATION OF A COOPERATIVE BOUNDARy PLAN
WHEREAS the Town of Algoma and the City of Oshkosh have negotiated the
intergovernmental agreement attached hereto regarding boundary changes and other
urban growth and service issues and
WHEREAS the intergovernmental agreement provides for the terms of the
agreement to be incorporated into a cooperative plan under Wis Stat see 660307 to be
submitted to th Wisconsin Department of Admlniqtrafion for approval and
WHEREAS the intergoverrmental agreement is in the public interest
NOW THERFORE BE IT RESOLVED by the Town Board of the Town of
Algoma Winnebago County WiscOnsin as follows
-1 The intergovernmental agreement a copy ofwhich isattached is
approved and the Town Chairperson and Town Clerk are authorized toexecute
theintergovernmental agreement as Well as any other documents related thereto or
required thereby in a form approved by the Town
Attorney 2Participation in the preparation of acooperative plan isauthorized
as provided in Wig8tatsec603074
a 3 The Town Attorney and all necessary staff are authorized and directed
to participate in the preparation of acooperative plan which contains all of the
applicable provisions set forth in theintergovernmental agreement and any further
provisions deemed necessary by Town and City attorneys under Wis Stat sec660307
EXHIBIT F
4 The Town Clerk shall provide notice ofthis resolution as required by Wis
Stat sec 6603074aand shall work with the Town Attorney and City Attorney and
City Clerk to schedule and notice a joint public hearing on the proposed plan under Wis
8tat sec 6603074b
Adopted this day of c
By
2003
Richard J-lailauer Chairperson
Attest
Exhibit G
City of Oshkosh Resolution
Authorizing Support of Boundary Agreement
FEBRUARY 25 2003
EXHIBIT G
03-55RESOLUTION CARRIED
7-0 LOSTLAID OVER WITHDRAWN PURPOSE INITIATED
BY
APPROVE INTERGOVERNMENTAL
AGREEMENT TOWN OF
ALGOMA CITY ADMINISTRATION
WHEREAS the
City of Oshkosh and the Town of Algoma share a common border on the
City s westside and the Town s eastside and have had a history of concerns and disputes regarding
their border including litigation over annexations from the Town to the City and
WHEREAS recent
devel pments includinga citizen-initiated effort toincorporatethe Town have
led the City and Town to explore reaching an agreement to secure long-range benefits for
both Parties and their citizensl and WHEREAS the petition
to incorporate thc Town ispending before the Winnebago County Circuit Court
and the State of WisconsinI Department of Administration and WHEREAS the City
s long termgrowth and development plans envision continued westward development in
a logical and well-planned fashion and WHEREASthe Town desires
to protect indefinitely the integrity of its territory within certain boundaries and
further desires toprotect lands from being annexed against the owners wishes for
an extended period of time and WHEREAS the City and
Town both desire that a Transition Area be established so that the eventual City-Town
border is well-planned withcompatible development On bothsides and WHEREAS to attain the
objectives of
both the City and Town and to provide for mutual peace and cooperation beneficial to
citizens in both communities representatives from the City and Town have
negotiated on behalf of their respective communities an Intergovernmental Agreement designed to meet the
foregoing objectives NOW THEREFORE BE IT RESOLVED by
the Common Council of the City of Oshkosh that the Intergovernmental Agreement with
the Town of Algoma on file in the City Clerk s Office is hereby
approved andthe 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 STATE OF WISCONSIN COUNTY OF WINNEBAGO
SS CITY OFOSHKOSH
IPENNY S WOLF
Deputy City
Clerk for the City of Oshkosh Winnebago County Wisconsin do hereby certify that the
foregoing resolution is a true and correct copy of the original on fife in my office adopted
by the Common Council of the City of Oshkosh Wisconsin at the meeting held on February 25 2003
Witness my hand and the Corporation
seal of the City of Oshkosh Wisconsin DATED January 20 2004 Deputy ty
Clerk of hh City
of Oshkosh Winneb jo CountyWisconsin
FEBRUARY 25 2003 03-56RESOLUTION CARRIED
7-0 LOSTLAID OVER WITHDRAWN PURPOSE INITIATED
BY
AUTHORIZE PREPARATION
OF COOPERATIVE PLAN TOWN OF
ALGOMA CITY ADMINISTRATION
WHEREAS the
Common Council of the City of Oshkosh has approved an Intergovernmental Agreement
with the Town of Algoma and WHEREAS as
part of that Agreement the City and Town have agreed to develop and seek
approval of a cooperative plan pursuant to Sec 66 0307 WisconsinStatutes toimplement
the terms and conditions contained within the Agreement NOW THERFORE
BE ITRESOLVED by the Common Council of the City of Oshkosh that
participation in the preparation of a cooperative plan isauthorized as provided in
Sec 66 0307 4aWisconsinStatutes BE IT
FURTHER RESOLVED that the proper city officials are authorized and directed to
participate in the preparation of a cooperative plan which contains all of the applicable provisions
set forth in the intergovernmental agreement and any further provisions deemed
necessary under Sec 66 0307 WisconsinStatutes BE IT
FURTHER RESOLVED that the City Clerk shall provide notice of this resolution as
required by Sec 66 0307 4aWisconsinStatutes and shall at the appropriate time
schedule and notice a joint public hearing on the proposed plan under Sec 66
0307 4bWisconsinStatutes STATE OF
WISCONSIN COUNTY OF
WINNEBAGO SS CITY OFOSHKOSH
lPAMELA
R UBRIG City Clerk for the City of Oshkosh Winnebago County Wisconsin do hereby
certify that the foregoing resolution is atrue and correct copy ofthe odginal on file in my office adopted
by the Common Council ofthe City of Oshkosh Wisconsin at the meeting held on February 25
2003 Witness my
hand and the Corporatiqp e lofthe Ci of Oshkosh Wisconsin DATEDJanuary
22 2004 City-Clerk 0f
theCiofOst kosh Winnebago CountyWisconsin
Exhibit H
Record of Public Participation and Comment
On December 18 2003 the joint public hearing required by Wis Stat
6603074Xb was held at the Algoma Town Hall following proper notice Attached are
copies of the notice of the hearing the attendance sheet from the hearing the minutes
of the hearing and copies of all written comments received at the hearing or received by
the City or Town Clerk including the comments of the East Central Regional Planning
Commission required by Wis Stat 6603074c
The East Central Regional Planning Commission has no objection to the Plan
The objections expressed to the plan were that incorporation would be more
advantageous Dinkel that they did not want their property annexed Radloff and
Olson and that the creation of the Plan was too expensive for the Town In addition
Mr Thompson suggested several modifications of the Plan
In response to the objections and suggestions noted above
The Town Board and City Council both determined that the Plan was preferable
to proceeding with litigation over incorporation
The properties subject to intermediate and final attachment are likely to be
forced into the City involuntarily during the term of the Plan in any event The
Town and the City agree that it is preferable for the transition to occur in a
planned and orderly manner that maximizes the efficient delivery of services and
minimizes costs to both parties The Plan also gives property owners protection
from earlier involuntary annexations that might otherwise occur
Whether or not the Plan was too expensively achieved is a subjective judgment
Having achieved it it is now in the best interests of the parties
Mr Thompsonssuggestions are partially incorporated in the Plan Section 404
now says only that sewer service will be provided in attached areas rather than
specifying that it will be City sewer leaving open the possibility of service by the
Sanitary District Section 1006 and Exhibit 3 have been created providing for
immediate attachment of some road segments
42
NOTICE OF JOINT PUBLIC HEARING REGARDING
TOWN OF ALGOMA AND CITY OF OSHKOSH
PROPOSED COOPERATIVE BOUNDARY PLAN
Notice is hereby given that the City of Oshkosh and Town of Algoma will hold a joint
public hearing in the Town of Algoma Town Hall 15 N Oakwood Road Oshkosh
Wisconsin on Thursday December 18 2003 at 600 pm regarding the proposed
Cooperative Boundary Plan Plan between the Town of Algoma and the City of
Oshkosh The Plan and related maps and exhibits will be available for inspection before
the hearing beginning at 530 pm
At the heating all interested persons will be given an opportunity to be heard in support
of or in opposition to the Plan pursuant to Wis Stat 660307
The Plan may be viewed at all branches of the Oshkosh Public Library and at the
following locations during regular business hours
City of Oshkosh
City Clerk
215 Church Avenue
PO Box 1130
Oshkosh WI 53903
Town of Aloma
Town Hall
15 N Oakwood Road
Oshkosh WI 53904
The Plan will also be available on the Intemet at httpwwwcioshkoshwius
The Plan affects all of the Town of Algoma
To allow all interested persons an opportunity to be heard during the hearing each person
will be permitted to speak only once for not more than three minutes Written comments
will also be accepted at the hearing If you are unable to attend the hearing and would
like to submit comments in writing you may do so by delivering them to either the City
Clerk or the Town Clerk at the above specified address for receipt no later than January
7 2004
If you need an interpreier materials in alternate formats or other accommodations please
contact the City Clerk or Town Clerk Please do so at least 48 hours prior to the hearing
so that proper arrangements can be made
Richard Wollangk City of Oshkosh City Manager
Ken Neubauer Town of Algoma Chairperson
Exhibit H Page 1
TO OF ALGOMA
VENNEBAGO COU2NTY 1VISCONSIN
MEETING DATE 12
GROUP MBETING
ATTENDANCE SHEET
NAME ADDRESS i SUBJECT TO SPEAK
ON
s7 BI bI
I I
Exhibit H Page 2
TOWN OF ALGOMA
WINNEBAGO COUNTY WISCONSIN
MINUTES FOR PUBLIC HEARING FOR COOPERATIVE BOUNDARY
AGREEMENT
DECEMBER 18 2003 600 PM
Call To Order
The public hearing was called to order by Atty Yde at 600PM
Atty Yde provided background information on events that led up to todays public
hearing
Public Comment
Chuck Dinkel 1013 W1de Oak Drive-stated he is against the plan as it in his opinion
forces 500 people to annex to the city He feels incorporating as avillage would be more
advantageous as a border agreement may be reversed by the court system at a later time
In his opinion the boundary agreement would inhibit progress and expansion to business
parks and business in general
Joe Averkamp-4t02State Road 91-Does notwant to annex to thecity as he feels there is no advantage
for him to annex but as long as he can remain inthe town for 15 years prior toannexation
is ok with the agreement Kevin Mraz
Utility Director Algoma Sanitary District I-The sanitary district expects that with
the approval of this agreement that all parties involved will cooperate and fully support the
district with sewer service area expansion up to the documented protected area of
this agreement Dick Spanbauer
3040 Sheldon -supports the agreement and feels it is in the best interest for
the majority of the town as it keeps the core of the town intact Kevin
Radloff 2162 James Road land owned in Algoma-4760 Hwy 91-is againstthe agreement as
inhis opinion the residents were not notified and feels that having a member of
the town board on the committee to draw up the agreement was not right Sessions for
structuring of the agreement were not open to the public He heard about this plan six
years ago in the Town of Nekimi It ishis thought that he isthe sacrificial lamb ofthis
agreement and he would like tobe compensated accordingly As theTown of Algoma does
not wish tohave his property within their borders he would like tohave the option of
armexing to theTown of Utica or the Town of emro Paul Olson
2550 Clairville Road-Owns the town s largestindustrial tax parcel He is against the
plan as he does not want to pay city taxes or services Olson feels that the town should
develop anindustrial base onits own and notallow the city todo so Kenneth W
Neubauer 2997 Clairville Road-Is against the plan as it has cost the town too much
money already Exhibit H
Page 3
Public Heating was closed at 632PM
Respectfully submitted
Betsy A Kunde Clerk
Town of Algoma
Exhibit H Page 4
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPEKATIVE PLANI
wish to speak Comments
I
do not wish to speak Exhibit
H Page 5
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPBR ATIVB PLAN G
wish tospeak Comments
I
do not wish to speak Exhibit
H Page 6
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN I
wish to speak Comments
I
do not wish to speak Exhibit
H Page 7
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN Address
I
wish to speak Comments
I
do not wish to speak Exhibit
H Page 8
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN wish
to speak Comments
I
do not wish to speak Exhibit
HPage 9
PUBLIC COMMENT ON Town OF ALOOMA-CITYOFOSHKOSH JOINT
COOPERATIVE PLAN I
wish to speak Comments
I
do not wish to speak Exhibit
H Page 10
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPEKATIVE PLAN ish
to speak I do not wish to speak Comments
Exhibit
H Page 11
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPERATIVE PLAN l
-Iv ishtopeakComments
I
do not wish to speak Exhibit
H Page 12
PUBLIC COMMENT ON TOWN OF ALGOMA-CITYOF OSHKOSH JOINT
COOPERATIVE PLAN wish
tospeak I do not wish tospeak Comments
Exhibit
H Page 13
375 ShppaDiie
Oshlr0sh Wt 54904
Betsy A Kunde Clerk
i lovthOalCWoodRoad
Re Ososh Aigoma Coopfive Pt
all
Sides of
year
ogodof-waysome
Concerns Ttfe fiitiwith the rio
top Ovt0tts1
by thi a iieeF6p ewi 61dDi2s
ffiefand would aAvegue
Cit haS l ftthe
agreement
orarme afionl
itetosedis a listing of 10oadorathatI undemansfheCit7ouldentertain annexing Icenter
o tieBftte desIvrpm Btidsgu-ggi4dtftlieontago om STfI 2I soum
Exhibit H Page 14
Betsy KmdeClerk
ToWnofoma
Detuber3 2003
Page 2
supaorheavy rsueeqtSipmentfmgbway4L I beeve e747p
There h b cMemblescusmon over e Ymge ensionOf ordRoadsoamtnpClaiilleRoadeCiWdeTmworktOgersomecitexosqutomiaran80ordttyfomis
mfionm extend OndROsoUeflfilaneroad
Tom ofgoma
Exhibit H Page 15
Jackson-TheSe are ecat 0ns that I notiCed With a quick review Of the mai
Lati0nS EastOH 41
Vaukau Ave East W estef Oregon Street
Hugies Street Nrthof Waukau Ave
pon Lane
S Pa Ave Rion
Poberezny Read Noh oU
f-ocafionsWest of ashbum
StNodh of 20th Ave ii 9th
Ave Gracelarid Washburn
StNorth eSaWyer Cre f
me knc wfvohvPnTh Exhibit
H Page 16
Jannary 7 2004
Town of Algoma
I have lived in the Town of Algoma for 25 yearsaadd
previously in the City of Oshkosh for several years
During this time I havebeeniawareofallthe
controversies The maih oneigthe xpansion of th9
City into the Town Reoentty dihSsions have occurred
between the two municipalties gBaBoundary Agreement
I believe it is in the beslt int erest for the Town of
AlgOma and the City Of Oshkosh hthe Boundary Agreement
be completed
It would be good in the fuiure for both the res idents
of the Town and the City
Thank you
Reppctfully
Exhibit H Page 17
EAST CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION
132 Main Street Menasha Wisconsin 54952-3100920 751-4770 Fax920 751-4771 Website wwweastcentralrpc
org Emailstaffeastcentratrpe org EconomicDevelopmentDL
tricIand MetropolitanPlanning Organization Serving the Easl
Cntral IisconsinRegion forover 30years January6 2004 Richard
YdeStafford
Rosenbaum LLP
3SPinckney
Street Suite 112 00 Madison WIS3701
Dear Mr Yde
ECSNRPCNo 2003-353 Subject Clearinghouse ReviewComments
-Cooperative Plan Town of Algoma and City of Oshkosh The East Central
Wisconsin Regional Planning Commission the designated metropolitan clearinghouse for theten
county East Central region has reviewed the proposed cooperative plan between the City ofOshkosh and
Town ofAlgoma dated November 2003 Staff is aware
of the long history between the two enUties regarding boundary issues and disputes and feels that
this agreement will eliminate future problems East Central is
advisory to the WDNR in all matters pertaining to the development and implementation of the
NR-121 based Oshkosh SewerService Area SSA Plan To that end staff has reviewed the agreement in
light of the current SSA plan and finds no major concerns with the agreement as it relates
to the plan Staff will be conducting a comprehensive update of the Oshkosh SSA Plan in 2004
and will factor the information providec by the new agreement into the plan development process and re-configuration
of the existing SSAand SSA Planning Area boundaries If you have any questions
please contact East Central Sincerely Haflan PKiesow Executive
Director
HPK wh Cc
Jackson Kinney
Directorof
Community Development City ofOshkosh Member Counties Calumet Mcnomlnee Outagamie
Shawano Waupaca Exhibit H Page 18 JAN
07 200 Waushara
Winnebago
Exhibit
ntergovernmental Boundary Agreement
43
EXHIBIT I
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF OSHKOSH AND THE TOWN OF ALGOMA
The Parties to this Agreement are the City of Oshkosh City and the Town of
Algoma Town both located in Winnebago County Wisconsin
RECITALS
The City and Town share a common border on the Citys west side and the
Townseast sidm
The City and Town have a history of disputes regarding their border includinglitigationoverannexationsfromtheTowntotheCity
Recent devele pments inc uding a citizen-initiatedeffort to incorporate the Town have
caused the City and Town to explore reaching an agreement to secure long-range
benefitsfor both Parties and their citizens The petition
to incorporate the Town is pending before the State of Wisconsin Department of
Administration Eo The
City s longterm growth and development plans envision continued westward development in
a Iogica Iand well-planned fashion TheTown desires
to protect indefinitely the integrity of its territory within certain boundaries The Town
desires
to protect lands from being annexed against the owners wishes for an
extended period of time The City and
Town both desire that a Transition Area be established so that the eventual City-Town bOrder
is well-plannedwith compatible development onboth sides To attain the objectives
of
both the City and Town and to provide for mutual peace and cooperation beneficial to
citizens in both communities the City and Town desire to enter into
this new Intergovernmental Agreement Print date March 7 2003
1
EXHIBIT I
AGREEMENT
Therefore in aCCOrdance with the authority granted them under the Wisconsin
statutes and for their mutual benefit and in the public interest the Parties agree as
follows
Establishment of Protected Area Lands within the Town are divided into a
Protected Area and an Expansion Area as shown on Exhibits A and B attached
hereto
2 Protected Area Within the Protected Area
The City shall not annex any lands unless such annexation is approved by
a four-fhs4 5majodty of the entire Town Board bo
-Except as othevise specically provided in this Agreement the City shall
exercise no extraterritorial jurisdiction The limitation on the Citys exercise
of extraterritorial jurisdiction includes but is not limited to zoning land
division and official mapping
The City and the Town shall consult with each other concerning a new
north-southartedal on or near Clairville Road do
The City shall not object to nor interfere with applications by the Algoma Sanitary
Distdct District to expand its boundaries or extend its sewer service
area 3
Expansion Area Within the Expansion Area All
lands within Zone A as shown on Exhibit A east of U SHighway 41 shall
attach to the City as of March 1 2013 All
lands in Zone B as shown on Exhibit A shall attach to the City as of March
1 2018Co
All lands in Zone C as shown on Exhibit A east of Clairville Road shall attach
to the City as of March 1 2023 All
lands in Zone D as shown on Exhibit A west of Clairville Road shall attach
to the City as of March 1 2043 Lands
may be annexed to the City prior to the above dates only upon the unanimous
consent ofthe owners of the lands exclusive of any right-of-waythat
may be annexed Such annexations need not be contiguous to the City
and may create town or city islands Such annexations shall include the
entire width of highway rights of way abutting the lands Print date
March 72003 2
EXHIBIT I
o
go
annexed The Town shall not oppose nor support opposition to
annexations consistent with the terms of this Agreement
The Town consents to the construction of City utilities in Town dghts of
way and easements as necessary to serve annexed lands subject to the
Citys obligations ito maintain access to Town territory iinot to
interem with Town utilities and iiito restore the dght of way or
easement in accordance with commonly accepted practices
The Town will not interere with or object to City applications to extend its
sewer service area consistent with this Agreement
The City shall provide sanitary sewer storm sewer and water services to
lands prior to annexation or attachmenton the same extension cost and
payment terms as those generally applrcble to similarly situated lands
within the City prowded 1such servicscould be made available to
such lands if they were within the City and 2 the owners of such lands
unanimously agree to annexation or attachment to the City effective
5 years after the service is available Lands under such agreements shall
be attached to the City pursuant to this Agreement and shall be subject to
City zoning and land use regulation pending the attachment
The City shall be responsible for all actions necessary to accomplish
annexations or attachments as provided herein
Land Use and Zoning
Consistent with Sec 62237a Wis Stats 1999-2000the City and the Town
shall establish an extraterritorial zoning committee EZC which shall
exemise such power and authority as contained therein within the Expansion
Area of the Town except as provided in section 3h bo
A Buffer Zone is established as shown on Exhibit B AlloWable uses within the
Buffer Zone shall be limited to those set forth in Exhibit C Additional uses
shall not be permitted unless approved by the EZC as provided in Sec
62 237aWis Stats Co
The EZC shall also have jurisdiction within the Buffer Zone for the purposes
of section 4bPrint
date March 72003 3
EXHIBIT I
5 Services and Utilities
a Commencing on the first day of the next month starting at least thirty 30
days after a written request from the Town to the City Manager the City
shall provide emergency ambulance services throughout the Town on the
same terms under which the City currently provides such services to a
portion-of-theTownThe District
shall continue to own and operate the portions of the sanitary sewer system
within the Town for the term of this Agreement regardless of what portion
of the patrons of the system is in the City To the extent supplemental agreements
are necessary to implement the terms of this paragraph the
City shall cooperate with the District to enter into such agreements on
terms that are fair to both Cooperative Plan
The Town and the City shall fully participate in the preparation Of a
cooperative plan and seek approval thereof under sec 66 0307 StatsThe resolution
by which each Party approves this Agreement shall authorize participation
in the preparation of a plan as provided in sec 66 0307
4aStatsand the clerk of each Party shall give notice of such resolution as
required by sec 66 0307 4aStatsAny failure
to comply with paragraph a may be cured by adopting a new resolution and
giving notice as provided in sec 66 0307 4aStatsnot later than
45 days after the date of commencement of the term of this Agreement To
the
extent it isdetermined not to be contrary to the public interest after the hearings
comments and review by the Department of Administration required by
sec 66 0307 4and5 Stats the cooperative plan shall incorporate the
terms of this Agreement except as otherwise provided in this section
The cooperative
plan shall permit attachment of territory by ordinance adopted by
a simple majodty of the City s CommonCouncil in place of annexation under
section 3 e ofthis Agreement upon the written request or agreement
of the owner or owners of the parcel attached and notice to the Town
The cooperative
plan shall permit the attachment of territory to the City under section
3 a bc or d of this Agreement by adoption of an ordinance by a
simple majority of the City s COmmonCouncil Print date
March 7 2003 4
EXHIBIT I
The cooperative plan shall provide that no part of the Town-maybe incorporated
pdor to March 1 2008go
The Town and the City shall fully cooperate to complete the preparation of the
cooperative plan and submit it to the Department of Administration for final
approval as soon as reasonably possible after the effective date of this
Agreement Once
approved the cooperative plan shall govern without respect to subsequent
changes in statutory law Incorporation
Petitions The
Town and the City shall jointly request the Department of Administration
and the Circuit Court to suspend all proceedings related to the
currently pending petition to incorporate apart of the Town while they seek
approval of the cooperative plan from the Department of Administration
bo
Within 30 days after final approval of the cooperative plan under sec 6 gthe
Town shall request the Court and the Department of Administration todismiss
the currently pending incorporation petition For purposes of this section
final approval means that the Department of Administration hasissued
its approval under Wis Stat sec 66 03075and either the time for judicial
challenge of the approval has elapsed without challenge or the approval
has been upheld by the courts and the time for further appeal has
elapsed Pending
final approval of the cooperative plan the Town shall not support in
any way any effort to incorporate any part of the Town Pending
final approval of the cooperative plan the City may annex any part
of the area subject to the pending incorporation petition with majodty Town
Board approval consistent with Chapter 66 of the Wisconsin Statutes
The Town and the City shall sign and file with the circuit court a stipulation
deleting such territory from the legal description accompanying the
incorporation petition If
the cooperative plan does not receive approval from the Department of Administration
under Wis Stat sec 66 03075by February 28 2005 or such
later date as mutually agreed in writing by the Parties or if the approval
isreversed by the courts and no further appeal or proceeding ispossible
to have the approval reinstated then this Agreement shall terminate
and the pending incorporation petition may proceed with the Town
ssupport Pdnt
date March 7 2003 5
EXHIBIT I
Term This Agreement shall commence upon being signed by the Parties and
shall terminate at 1159 pm on February 28 2063 unless extended by mutual
agreement No later than Mamh 1 2053 the Parties shall meet and confer to
extend this agreement on such terms and conditions as the Parties may then
agree Failure to agree on extension shall not be considered a broach or dispute
subject to resolution under section 10
Challenge to Agreement
The Parties waive all rights to challenge the validity or enfomeability of this
Agreement or any of its provisions or to challenge any actions taken
pursuant to or in accordance with this Agreement
bo In the event of a court action by a third party challenging the validity or
enfomeability of the Agreement or any of its previsions the Parties shall
fully ooperate to vigorously defend the Agreement
1 If only one Party is named as a party to the action the other Party
shall seek to intervene and the named Party shall support such
intervention
2 No settlement of such an action shall be permitted without the
approval of the governing bodies of the Parties
3 The workload to defend the Agreement shall be shared equally
A challenge to the Agreement by one of the Parties or a failure to
vigorously defend the Agreement constitutes a breach of the Agreement
10 Dispute Resolution In the event of a breach of this Agreement or a dispute
between the Parties involving the application interpretation or enfomement of
this Agreement
The Parties shall meet to seek a resolution within 10 days following written
notice by one Party to the other Party of the breach or dispute
If the issue is not resolved at such meeting or at an extension thereof
mutually agreed to by the Parties either Party may demand mediation
The Parties shall submit to mediation if demanded by either Party
1 If the Parties cannot agree on a mediator within five 5 days after
the demand for mediation either Party may request appointment of
a qualified mediator by the Chairperson of the Altemative Dispute
Resolution Committee of the State Bar of Wisconsin or if the
Chairperson fails to appoint a mediator by the American Arbitration
Association
Print date March 7 2003
6
EXHIBIT I
2
3
4
5
6
7
The mediation session must take place within thirty 30 days of the
appointment of the mediator
Each Party must designate a representative with appropriate
authority to be its representative in the mediation of the dispute
Each Party must provide the mediator with a brief memorandum
setting forth its position with regard to the issues that need to be
resolved at least ten 10 days prior to the scheduled mediation
session The Parties must also produce all information reasonably
required for the mediator to understand the issues presented The
mediator may require any Party to supplement such information
The mediator does not have authority to impose a settlement upon
the Parties but will attempt to help the Parties resolve their dispute
The mediation sessions shall be pdvate The Parties and their
representatives may attend the mediation sessions
The cost of the mediator shall be borne equally by the Parties
The Parties shall maintain the confidentiality of the mediation and
may not rely on or introduce as evidence in any arbitral judicial or
other proceeding i views expressed or suggestions made by the
other Party with respect to a possible settlement of the dispute
ii admissions made by the other Party in the course of the
mediation proceedings iii proposals made or views expressed by
the mediator or ivthe fact that the other Party had or had not
indicated willingness to accept a proposal for settlement made by
the mediator
In the event the issue is not resolved as a result of the meeting or
mediation as provided in paragraphs a and b the matter shall be
submitted to binding arbitration upon written demand by either Party to the
other with notice to the Municipal Boundary Review Director of the Office
of Land Information Services of the State of Wisconsin Department of
Administration of such demand The arbitration shall be performed by a
person designated by the Director in accordance with such roles and
procedures such person may specify subject to the terms of this
Agreement In the event the Director does not appoint an arbitrator within
30 days of the Directorsreceipt of a written request to do so then
1 The arbitration must be conducted in accordance with the
Commercial Arbitration Rules of the Amedcan Arbitration
Association AAA in effect at the time of the arbitration Rules
except as such Rules may be modified by this Agreement
Print date March 7 2003
7
EXHIBIT I
2
3
5
A Party desiring to submit a dispute to arbitration hereunder must
file a Demand for Arbitration Demand with the AAA at its office
in Chicago Illinois A copy of such Demand must be sent to the
other Party at the same time The arbitration proceeding must be
conducted by a panel of three 3 arbitrators selected from a list of
qualified arbitrators supplied by the AAA The arbitrators must be
selected as follows Within ten 10 days after filing each Party
shall appoint one 1 arbitrator Within ten 10 days after they are
chosen the two 2 arbitrators shall choose a third arbitrator who
acts as chairperson of the arbitration proceedings If the two 2
arbitrators are unable to agree upon a third arbitrator within ten 10
days then the third arbitrator shall be appointed by the AAA The
arbitrators in the arbitration proceeding must be individuals with the
necessary expertise and competency to pass on the-matterspresented
for arbitration but said arbitrators may have no interest in
or prior connection with any Party Following
the appointment of the arbitrators each Party has the right
to mail to any other Party with a copy to the arbitrators awritten
request for the production of certain identified documents or of
all documents in possession of the other Party relevant to any claims
or counterclaims in the arbitration Within 10 days of receipt of
any such request the receiving Party must respond to such request
but may object to all or part of said request with a copy to the
arbitrators on the ground that it is unduly burdensome that the documents
requested are irrelevant or privileged or that such documents
are equally available to the requesting Party The arbitrators
will rule on the validity of any such objection and the Parties
must produce documents in accordance with the ruling The
site of the arbitration shall be in Winnebago County Wisconsin
unless otherwise agreed to by the Parties The Parties must
diligently and expeditiously proceed with arbitration Upon the conclusion
of any headng the Parties shall have 30 days to submit written
briefs in support of their respective positions The arbitrators
must make an award within 45 days after the filing of such
bdefs subject to any reasonable delay due to unforeseen circumstances
Except
to the extent the Parties remedies may be limited by the terms
of this Agreement the arbitrators are empowered to award any
remedy available under the laws of the State of Wisconsin including
but not limited to monetary damages and specific performance
The arbitrators have no authority to award punitive or other
damages not measured by the prevailing Party sactual damages
and may not in any event make any ruling finding or Pdnt
date March 7 2003 8
EXHIBIT I
award that does not conform to the terms and conditions of this
Agreement The award of the arbitrators must be in writing with a
statement of reasons for such award and signed by the arbitrators
A written decision of a majority of the arbitrators is binding upon the
Parties An award rendered by the arbitrators in an individual or
consolidated arbitration may be entered in any court having
jurisdiction thereof
6 The arbitrators authority is limited solely to resolving disputes
under this Agreement
7 The pendency of any arbitration hereunder does not relieve either
Party of any of its obligations under this Agreement
8 The Parties shall share equally the fees and expenses of the
arbitrators as well as all fees imposed by the including but not
limited to transcripts hearing room rentals and administrative
costs Each Party to the arbitration proceeding is responsible for its
own costs and legal fees if any except that the arbitrators are
empowered to award such costs and fees against a Party who
prosecutes or defends an arbitration hereunder in bad faith or as
otherwise provided in section 11b
Paragraphs a b and c of this section shall be the exclusive method of
resolving the issues specified in the introduction to this section and both
Parties waive their rights under sec 89380 Stats and their rights to seek
remedies in court as to such issues except that the prohibition on court
actions shall not apply to
1 Actions to enforce an arbitration award under c
2 Actions for injunctive relief necessary to protect the public health
safety or welfare during the dispute resolution process
3 Disputes involving a necessary third party who refuses to consent
to arbitration as provided above or
4 Disputes involving a necessary third party when the Municipal
Boundary Review Director fails to appoint an arbitrator
In the event any of the entities designated to perform mediation or
arbitration services under this section ceases to exist or for some other
reason cannot or does not perform said services the Parties shall use
their best efforts to agree on a substitute to perform the services
11 Remedies In the event of a breach of this Agreement
Print date March 7 2003
9
EXHIBIT I
2
13
14
15
16
Except as limited by sec 10 above eitherParty may seek declaratory
judgment ot specific pedormance of this Agreement by court action in
addition to any other remedies available at law or in equity No Party shall
challenge the standing of the other in such an action
The broaching Party shall pay the other Partys attorney fees reasonably
incurred in seeking remedies for the breach provided that the breaching
party has been given notice and a reasonable opportunity to cure the
breach pdor to commencement of any proceedings for a remedy
Following the dispute resolution procedure outlined in section 10 a and b
constitutes sufficient notice and reasonable opportunity to cure under this
paragraph
Binding Effect This Agreement shall bind and accrue to the benetlt of all
Successors of the Parties whether one or more For example if a part of the
Town should be incorporated both the incorporated and unincorporated entities
would be considered to be Parties bound by the terms of the Agreement Except
as to the rights of owners of land currently in the Town as expressly set forth
herein and except as to the provisions for the benefit of the Distdct as expressly
set forth in sections 2d and 5b this Agreement is for the exclusive benefit of
the Parties and their successors and assigns and shall not be deemed to give
any legal or equitable dght remedy or claim to any other person or entity
Recording A notice of this Agreement may be recorded by any Party
Entire Agreement This Agreement contains the entire agreement of the Parties
with respect to the subject matter hereof and all prior discussions drafts
agreements and writings are specifically superseded by this Agreement This
Agreement represents the mutual intent of the Parties and the fact that one or
more of its provisions was drafted by one Party or the other Shall not be
construed to the benefit or detriment of any Party
Authority Each Party represents that it has the authority to enter into this
Intergovernmental Agreement and that all necessary procedures have been
followed to authorize the Agreement Copies of the resolutions of the Citys
Common Council and the Towns Board authorizing this Agreement are
attached Each person signing this Agreement represents and warrants that he
or she has been duly authorized to do so
Counterparts This Agreement may be signed in counterparts which when
taken together shall be effective as if all signatures appeared on the same
original
Pdnt date March 7 2003
10
EXHIBIT I
Dated this 11 day of March 2003
Approved as to Form
Robert C Wertsch Town Attorney
TOWN Of ALGOMA
Richard Spanfulr-lJ n
Chairperson
By Betsy KdhdeTovnCe
kDated this 11th day of Mamh
2003 Approved as to
Form CITY oF
OSHKOSH BYRi-hrWn ag
er Parhela R Ubd City
er Print date March 7200311
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF OSHKOSH AND THE TOWN OF BLACK WOLF
TO PROVIDE FOR ORDERLY GROWTH AND DEVELOPMENT
WITHIN AGREED-UPON MUNICIPAL BOUNDARIES
Agreement effective as indicated herein by and between the City of Oshkosh ("City"),and the
Town of Black Wolf ("Town").
ARTICLE I
PURPOSE OF AGREEMENT
1.1 Purpose.The purpose of this Agreement is to set forth the procedures,terms and conditions by
which the parties wish to achieve the following mutual goals pursuant to Wis.Stat.§§66.1001,
66.0301 and 66.0307:
(A)Orderly,planned growth for the City and the Town and the provision of appropriate,
cost-effective municipal services for such development;
(B)Orderly boundaries between the City and the Town,promoting cost-effective provision
of services and more efficient operation of all units of government;
(C)Continual City growth to provide the City with an ever-renewing and expanding tax base
and a pool of citizen leadership;
(D)Continual development for the Town to replace tax base lost to the City by reason of
annexations or attachments so that the Town may also have an ever-renewing and
expanding tax base and a pool of citizen leadership;
(E)Prevention of unplanned development leading to sprawl,and the protection of the area's
natural resources,including its lakes,streams,rivers,wetlands,woodlands and prime
agricultural land;and
(F)Promotion of quality development in the City and the Town.
ARTICLE II
AREA GROWTH DELINEATIONS
2.1 Introduction.The parties intend to identify and accept three geographical delineations,as
follows:
(A)Black Wolf Protected Area.The Black Wolf Protected Area (sometimes referred to as
"BP A")is an area from which the City agrees not to annex or attach territory during the
term of this Agreement.The BPA is delineated in the attached map,which is identified
as Exhibit 1 and which is incorporated by reference.Additional provisions relating to
the BP A are identified in Section 2.2,below.
Town of Black Wolf Boundary Agmt
1211/08
(B)City Expansion Area.The City Expansion Area (sometimes referred to as "CEA")is an
area that the parties expect to be developed for urban uses within the City during the
term of this Agreement.The CEA is delineated in the attached map,which is identified
as Exhibit I and which is incorporated by reference.Additional provisions relating to
the CEA are identified in Section 2.3,below.
(C)Rural Preservation Area.The Rural Preservation Area (sometimes referred to as "RP A")
is an area that the parties expect will remain primarily rural and agriculturally oriented
during the term of this Agreement.The RP A is delineated in the attached map,which is
identified as Exhibit I and which is incorporated by reference.Additional provisions
relating to the CEA are identified in Section 2.4,below.
2.2 Black Wolf Protected Area.The parties acknowledge that the territory in the Black Wolf
Protected Area will be developed and will remain in the Town during the term of this
Agreement.The following additional provisions shall apply to the BP A:
(A)The City will not annex any land from the BPA without the Town's prior written
consent.A written request for consent will be submitted to the Town upon receipt of an
annexation petition.The Town will respond in writing to such request within 45 days.
Failure to respond within said 45 days shall be deemed a denial of the request.The
Town reserves all legislative prerogative in deciding whether it wishes to allow the
annexation and,to that extent,all rights are reserved.
(B)The Town reserves the right to permit unsewered development on lands within the BP A,
provided the development is consistent with the Town's comprehensive plan.To the
extent that the City has jurisdiction to review or approve any land division within the
BP A,the City shall provide timely approval of said land division without conditioning
its consent on the execution of an attachment agreement.
(C)In consideration for the rights and privileges granted to the City by the Town under this
Agreement,the City agrees that it shall not adopt or exercise extraterritorial zoning and
plat approval jurisdiction applicable to the BP A.
2.3 City Expansion Area.The parties acknowledge that the territory within the City Expansion Area
is likely to be developed with comprehensive urban services,including,but not limited to,
sanitary sewers and water in conformance with the City's comprehensive plan.The following
additional provisions shall apply to the City Expansion Area:
(A)Lands may be annexed to the City only upon the unanimous consent of the owners of the
lands,exclusive of any right-of-way that may be annexed.Such annexations need not be
contiguous to the City and may create town or city islands.Such annexations shall
include the entire width of highway rights of way abutting the lands annexed.The Town
shall not oppose,or support opposition to,annexation consistent with the terms of this
Agreement.
Town of Black Wolf Boundary Agmt
12/1/08
2
(B)The parties acknowledge and agree that any area that,on the effective date of this
Agreement or during the term of this Agreement,becomes a functional town island shall
be annexed or attached to the City within sixty (60)months,except as otherwise provided
in subsection 2.3(C),below.The Town shall cooperate with the City on the annexation
or attachment of the relevant area.For the purposes of this Agreement,a 'functional
town island'occurs when either man-made or natural barriers,employed in conjunction
with City corporate boundaries,isolate a portion of the Town.In determining whether an
area is sufficiently isolated so as to constitute a 'functional town island,'the parties shall
consider:(i)the extent to which lakes,rivers and political boundaries isolate the area
from the balance ofthe Town,(ii)the extent to which natural borders and political
boundaries of the City isolate the area from the balance of the Town,or (iii)the extent to
which,for all practical purposes,the area is cut off from the remainder of the Town.
Following annexation,properties shall be required to connect to the City's municipal
sewer system within one (1)year,except that connection to the City municipal sewer
system may be delayed for a period not to exceed sixty (60)months if the property owner
provides a current evaluation of the existing private sanitary system performed by a
Licensed Plumber.
(C)Once seventy (70%)percent or more of the land in a Town Section which has been
designated as City Expansion Area has been annexed or attached to the City,the
remaining land within the Town Section that has been designated as City Expansion Area
shall attach to the City within seven (7)years;provided,however,that once 70%or more
of the land within Town Section 1 has been annexed or attached to the City,the
remaining land within this Section shall attach to the City within ten (10)years.
Following annexation,properties shall be required to connect to the City's municipal
sewer system within one (1)year,except that connection to the City municipal sewer
system may be delayed for a period not to exceed sixty (60)months ifthe property owner
provides a current evaluation of the existing private sanitary system performed by a
Licensed Plumber.
(D)The Town shall consent to the construction of City utilities in Town rights of way and
easements as necessary to serve annexed lands subject to the City's obligations (i)to
maintain access to Town territory,and (ii)to restore the right of way or easement in
accordance with commonly accepted practices.
(E)When a new road is proposed by the City to be built on land located in the CEA,the
parties will discuss the exact location of the road in order to avoid jurisdictional
confusion over the provision of governmental services.The City must obtain the
Town's prior written consent for new roads to be built on land located in the CEA,but
such consent shall not be unreasonably withheld.The City must obtain the Town's prior
written consent before the Town is financially obligated to pay for any portion ofthe
construction or reconstruction of a road project initiated by the City,with such consent at
the Town's legislative discretion.
(F)The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement.
Town of Black Wolf Boundary Agmt
12/1/08 3
(G)When requests are made for approval of any certified survey map,plat,or initiation of
development activities that will result in the creation of any non-rural,non-agricultural
use,where the certified survey map,plat,or development activity does not include an
annexation or attachment to the City,the following standards shall apply:
(i)An attachment agreement is executed with the City,which requires the property
owner and successor owners to annex and/or attach the affected parcel(s)when the
parcel(s)become contiguous with the City.The annexation and/or attachment
agreement shall also provide provisions for necessary easements,which the City
determines,may be required for the future extension of utilities to the relevant
parcel(s)and development area.
(ii)The property owner and/or developer prepares and submits to the City a master
development plan for the Town Section within which the certified survey map,
plat,or development activity is proposed,and a finding is made by the City that the
certified survey map,plat,or development activity is consistent with the City's
adopted Comprehensive Plan,or can be made consistent with the addition of
appropriate conditions,including conditions relative to the installation of public
improvements.The City may waive the master development plan requirement
based on the size and scope of the proposal.
(iii)The certified survey map,plat,and development activity must be served by a
publicly dedicated road built in accordance with the City's Subdivision
Regulations,unless said requirement is waived and/or modified by the City.
(iv)The maximum lot size of residential parcels shall not exceed two (2)acres,and
they must be designed in such a manner that future land divisions may be possible
relative to creating additional residential building site(s),unless said requirement is
waived and/or modified by the City.
(H)The Town will not rezone land located in the CEA without first obtaining the City's
consent to the rezoning,which consent may not be withheld if the proposed rezoning is
consistent with the terms of this Agreement and the provisions of the City's adopted
Comprehensive Plan.
2.4 Rural Preservation Area.The parties acknowledge that the majority of land within the Rural
Preservation Area is likely not to be developed to urban densities within the term of this
Agreement.Nevertheless,the parties agree to the following provisions applicable to the RP A:
(A)Lands may be annexed to the City only upon the unanimous consent of the owners of the
lands,exclusive of any right-of-way that may be annexed.Such annexations need not be
contiguous to the City and may create Town or City islands.Such annexations shall
include the entire width of highway rights of way abutting the lands annexed.The Town
shall not oppose,or support opposition to,annexation consistent with the terms of this
Agreement.
Town of Black Wolf Boundary Agrnt
12/1108
4
(B)The parties acknowledge and agree that any area that,on the effective date of this
Agreement or during the term of this Agreement,becomes a functional town island shall
be annexed or attached to the City within sixty (60)months.The Town shall cooperate
with the City on the annexation or attachment of the relevant area.For the purposes of
this Agreement,a 'functional town island'occurs when either man-made or natural
barriers,employed in conjunction with City corporate boundaries,isolate a portion of the
Town.In determining whether an area is sufficiently isolated so as to constitute a
'functional town island,'the parties shall consider:(i)the extent to which lakes,rivers
and political boundaries isolate the area from the balance of the Town,(ii)the extent to
which natural borders and political boundaries of the City isolate the area from the
balance of the Town,or (iii)the extent to which,for all practical purposes,the area is cut
off from the remainder of the Town.
(C)The Town shall consent to the construction of City utilities in Town rights of way and
easements as necessary to serve annexed lands subject to the City's obligations (i)to
maintain access to Town territory,and (ii)to restore the right of way or easement in
accordance with commonly accepted practices.
(D)When a new road is proposed by the City to be built on land located in the RP A,the
parties will discuss the exact location of the road in order to avoid jurisdictional
confusion over the provision of governmental services.The City must obtain the Town's
prior written consent for new roads to be built on land located in the RP A,but such
consent shall not be unreasonably withheld.The City must obtain the Town's prior
written consent before the Town is financially obligated to pay for any portion of the
construction or reconstruction of a road project initiated by the City,with such consent at
the Town's legislative discretion.
(E)The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement.
(F)When requests are made for approval of any certified survey map,plat,or the initiation
of development activities that will result in the creation of any non-rural,non-
agricultural use,where the certified survey map,plat,or development activity does not
include an annexation or attachment to the City,the following standards shall apply:
(i)A maximum of twenty-eight (28)non-rural,non-agricultural residential dwellings
are permitted within each Town Section,provided,however,that not fewer than
ten (l0)additional non-rural,non-agricultural residential dwellings will be
permitted in each Town Section regardless of the number of non-rural,non-
agricultural residential dwellings in existence on the date of this Agreement.
(ii)To promote greater flexibility in lot design and to conserve the natural
environment and features the use of conservation-based subdivisions shall be
permitted.The use of conservation-based subdivisions and minimum lot size
requirements may be waived under the following criteria:
Town of Black Wolf Boundary Agmt
12/1/08 5
a.The average density of the development does not exceed the number of non-
rural,non-agricultural dwellings permitted within the Town Section under (i)
above.
b.Each lot meets the requirements for on-site sewage treatment and private water
wells,whether through private on-site sewage treatment and private water
wells or through joint/community on-site sewage treatment and
joint/community private water wells.
c.The proposed lot layout for the overall parcel locates structures on building
sites that have the least impact on environmentally sensitive areas and are less
well suited for farming and agricultural uses.
d.The conservation area be placed in a conservation easement for the term of this
Agreement.
e.The proposed lot layout for the overall development provides for future
efficient re-subdividing for urban densities and the cost effective and orderly
extension of public streets and utilities.All lots will be required to illustrate on
the plat or CSM how each lot in the subdivision can be re-subdivided and all
lots will be required to illustrate on the plat or CSM building envelopes that
will be protected from future development that would impair the ability to re-
subdivide or to provide public services.
(iii)Except as otherwise provided for conservation subdivisions,the minimum lot size
of residential parcels shall be five (5)acres,and they must be designed in such a
manner that future land divisions may be possible relative to creating additional
residential building site(s),unless said requirement is waived and/or modified by
the City.
(iv)Commercial and light industrial development may be permitted,subject to the
review and approval of development proposals by the City,a finding that any such
proposed development is and/or will be deemed compatible with the City's and the
Town's Comprehensive Plans,and an attachment agreement is executed with the
City which requires the property owner and successor owners to annex and/or
attach the affected parcel(s)within sixty (60)months of the date when the parcel(s)
become contiguous with the City.The annexation and/or attachment agreement
shall also provide provisions for necessary easements,which the City determines,
may be required for the future extension of utilities to the relevant parcel(s)and
development area.If the City's and the Town's respective Comprehensive Plans
are inconsistent with regard to the proposed development,the parties agree to meet
for the purpose of attempting to reconcile the inconsistencies,either through
amendments to the Comprehensive Plans or by other mutually agreed upon means.
Town of Black Wolf Boundary Agmt
12/1/08
6
ARTICLE III
COOPERATION WITH GOVERNMENTAL AGENCIES
3.1 Advancement of Mutual Interests.The parties acknowledge that in order to effectively
implement this Agreement,it may be necessary to obtain the cooperation and approval of other
governmental agencies,including,but not limited to,East Central Wisconsin Regional Planning
Commission,the Wisconsin Department of Natural Resources,the Wisconsin Department of
Transportation,the Wisconsin Department of Administration and Winnebago County.In all
matters necessary to implement this Agreement,the parties agree to seek the cooperation and
approval of the relevant agency.To the extent practicable,the parties will,where necessary,
submit a single,joint request or other appropriate document requesting the approval.
ARTICLE IV
DISPUTE RESOLUTION
4.1 Dispute Resolution.All disputes over the interpretation or application of this Agreement shall
be resolved according to the following dispute resolution procedures:
(A)If the dispute cannot be resolved by the personnel directly involved,the parties will
conduct the following mediation process before invoking formal arbitration:
(i)Each party will designate a representative with appropriate authority to be its
representative in the mediation of the dispute.
(ii)Either representative may request the assistance of a qualified mediator.If the
parties cannot agree on the qualified mediator within five days of the request for a
mediator,a qualified mediator will be appointed by the Chairperson of the
Alternative Dispute Resolution Committee of the State Bar of Wisconsin,or if the
Chairperson fails to appoint a mediator,by the American Arbitration Association.
(iii)The mediation session shall take place within 30 days of the appointment of the
respective representatives designated by the parties,or the designation of a
mediator,whichever occurs last.
(iv)In the event that a mediator is used,each party shall provide the mediator with a
brief memorandum setting forth its position with regard to the issues that need to
be resolved at least 10 days prior to the first scheduled mediation session.The
parties will also produce all information reasonably required for the mediator to
understand the issues presented.The mediator may require either party to
supplement such information.
Town of Black Wolf Boundary Agmt
12/1/08 7
(v)The mediator does not have authority to impose a settlement upon the parties but
will attempt to help the parties reach a satisfactory resolution of their dispute.To
the extent authorized by law,the mediation session(s)are private.The parties and
their representatives may attend mediation sessions.Other persons may attend
only with the permission of the parties and with the consent ofthe mediator.The
parties shall maintain the confidentiality of the mediation and shall not rely on,or
introduce as evidence in any arbitral,judicial,or other proceeding,views expressed
or suggestions made by the other party with respect to a possible settlement of the
dispute,or admissions made by the other party in the course of the mediation
proceedings.
(vi)The expenses of a mediator,if any,shall be borne equally by the parties.
(B)If unresolved after (a)above,the parties will submit the dispute to binding arbitration by
an arbitrator of recognized qualifications.If the parties cannot agree on an arbitrator they
will request a 5-person panel list from the Municipal Boundary Review Director of the
Office of Land Information Services of the State of Wisconsin Department of
Administration,or his successor.Each party will have two strikes from the 5-person
panel.The parties may agree to an alternative method for the selection of the single
arbitrator.
(C)The City and the Town will be responsible for the fees of their own arbitrator and will
equally divide the fees of the third arbitrator,as well as the costs of court reporters,if any.
The City and the Town will be responsible for their own attorneys'fees and expert fees.
(D)The arbitration panel shall not be bound by rules of evidence or the substantive,internal
laws of Wisconsin.The award of the panel is final and binding,and shall be enforceable at
law.The arbitration provisions of Chapter 788 of the Wisconsin Statutes shall apply to the
arbitration proceedings,unless the parties agree on different arbitration procedures.
(E)The parties agree that arbitration proceedings must be instituted within one year after the
claimed breach occurred,and that the failure to institute arbitration proceedings within
such periods shall constitute an absolute bar to the institution of any proceedings and a
waiver of all claims.
Town of Black Wolf Boundary Agmt
12/1/08 8
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1 Amendments.This Agreement may be amended,from time to time,by mutual consent of all
parties hereto.Any party wishing to propose such an amendment will give written notice to all
other parties.The notice will identify the proposed amendment and the reasons supporting such
amendment.Within 30 days after receipt of the notice,the parties will meet to discuss and,if
necessary,negotiate the proposed amendment.If,after 90 days,the parties are unable to agree
upon and approve the proposed amendment,it shall be automatically deemed to have been
withdrawn and shall not thereafter be proposed for a period of 2 years after the date of the initial
notice,unless a majority of the parties jointly re-submit it for consideration.
5.2 Notices.All notices required under this Agreement must be served,either personally or by
certified mail,upon the parties'respective municipal clerks.A copy of the notices shall also be
mailed via regular U.S.mail to the Town Chairperson and City Mayor.Any action taken by a
party in violation of the relevant notice requirements is voidable unless,under the facts of the
particular case,the public interest outweighs strict enforcement of the notice requirement.
5.3 Enforceability.The parties have entered into this Agreement under the authority of Wis.Stats.
§§66.1001,66.0301 and 66.0307.Its enforceability will not be affected by statutory
amendments,changes in the forms of City or Town government,or changes in elected officials.
The parties agree that this Agreement be construed so as to be binding on their respective
successors,agents and employees.
5.4 Complete Agreement.This Agreement is the complete agreement of the parties with respect to
the matters covered by this Agreement and it shall supersede all prior agreements or municipal
policies to the contrary.No agreements,promises,or representations made during or in
connection with the negotiations for or approval of this Agreement shall be binding or effective
unless they are included herein.This Agreement may be filed with the Register of Deeds of
Winnebago County.This Agreement may be used in litigation and may be introduced into
evidence by either party without objection in any action to enforce the terms of this Agreement.
5.5 No Waiver.The failure of any party to require strict performance with any provision of this
Agreement will not constitute a waiver of the provision or of any of the parties'rights under this
Agreement.Rights and obligations under this Agreement may only be waived or modified in
writing.A writing waiving a right must be signed by the party waiving the right.If an
obligation of a party is being waived or released,the writing must be signed by all affected
parties.Waiver of one right,or release of one obligation,will not constitute a waiver or release
of any other right or obligation of any party.Waivers and releases will affect only the specific
right or obligation waived or released and will not affect the rights or obligations of any other
party that did not sign the waiver or release.
Town of Black Wolf Boundary Agmt
12/1/08
9
5.6 Term of Agreement.The initial term of this Agreement shall be 40 years from the date ofthe
last signature.No breach or violation of any of the terms of this Agreement shall operate to void
or terminate this Agreement,it being the intent of the parties that any such breach or violation
shall only be redressed,enjoined,or otherwise remedied by exercise of any lawful,contractual
enforcement remedies then available to be utilized by the aggrieved party to enforce the terms of
this Agreement.Despite the preceding,this Agreement shall automatically terminate when the
parties mutually agree that the purposes recited in Section 1.1,above,are no longer relevant.
5.7 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 imposed 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.
5.8 No Third Party Beneficiary.This Agreement is intended to be solely between the signatories set
forth on the following pages.Nothing in this Agreement grants any third party beneficiary rights
to any non-party that may be enforced by any non-party to this Agreement.
5.9 Construction.This Agreement shall be liberally construed to accomplish its intended purposes.
The parties acknowledge that the language contained in this Agreement is the product of
numerous individuals representing the various interests.Therefore,ambiguities shall not be
construed against the drafter of this document.This Agreement should be construed to give a
reasonable meaning to each of its provisions,and a construction that would render any of its
provisions meaningless,inexplicable,or mere surplusage is to be avoided.
5.10 Non-Severability.The parties acknowledge that the provisions of this Agreement are
interconnected.Therefore,if any provision of this Agreement is held invalid,illegal or
unenforceable,the entire Agreement will be void if the parties are unable to replace the invalid
provision through the process described below.
If any provision of this Agreement is held invalid,illegal or unenforceable,the parties shall make
a concerted,good faith effort to substitute a valid and enforceable provision as similar as possible to the
provision at issue.If agreement is not reached within 90 days of the adverse determination,the parties
shall submit the issue to mediation pursuant to the mediation provisions of Section 5.1(a),above.If
unresolved after mediation the Agreement is void.
Town of Black Wolf Boundary Agmt
1211108
10
CITY OF OSHKOSH
The undersigned officers of the City of Oshkosh have executed this Agreement pursuant to a duly
adopted Resolution (Res.#08-467)of the Common Council dated December 9,2008.
C-.-\'-Ulm
BY:~~L&&r Lr};r/fJf Att~~,_~
ark Rohloff Da'te Pamela R.Ubr~Date
City Manager City Clerk APPROVED
~~-CITYATTOR-i OSHKOSH,WISCONSI!I
Personally came before me this E-day of JOae..,200?,the above-named Mark Rohloff,City Manager
and Pamela R.Ubrig,City Clerk,to me known to be said officer(s)who executed the foregoing instrument and
acknowledged that they executed the same as such officers by its authority,for the purpose therein contained.
STATE OF WISCONSIN )
)ss
WINNEBAGO COUNTY )
TOWN OF BLACK WOLF
The undersigned officers of the Town of Black Wolf have executed this Agreement pursuant to a duly
adopted Resolution (Res.#J -d-OO g )of the Town Board dated ~1 ef.15.{}--c.r-l"K .
i
5'7'#}
Date
STATE OF WISCONSIN )
)ss
WINNEBAGO COUNTY )
Personally came before me this i11J+day of ty'(1M~H,20~,the above-named Frank Frassetto,Town
Chairman and Ellen Chmielewski,Town Clerk,to me known to be said officer(s)who executed the foregoing
instru~ent and acknowledged that they exej1te.d the same as such officers by its authority,for the purpose therein
contained.11J;~t1t1rbrLJ-
Notary Public,Winnebago County,Wisc9\lsEhm
My commission is permanent/expires:O(,{/(j'J.rvvl
Town of Black Wolf Boundary Agmt
12/1108
11
EXHIBIT 1
MAP DELINEATING BLACK WOLF PROTECTED AREA,
CITY EXPANSION AREA AND
RURAL PRESERVATION AREA
Town of Black Wolf Boundary Agmt
12/1/08
12
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
Lake
Winnebago
IL~~__""""L __"":;~_""'~--oll.-...,ll,--"""""------"""~----""'--"------ll
Section 6,
T17N,R17E
zoowgj
N
Section 13,
T17N,R16E
<secti6:~I~,Section 16,
·~=<"'17N,R1it --,,T17N,R17E
/~ff
AVE.NEKIMI
c Section 24,'"T17N,R16E
BLACK
CD3o
0o Section 25,
T17N,R16E
co.RD.
>-«
ci >-z'"::::J
Section 36,0
z o
0 T17N,R16E0w'"a
0--'0
LONE ELM
AVE.
Fond du Lac County
Section 34,
T17N,R17E
EXHIBIT 2[~~=]City of OshkoshCJRuralPreservation AreaCJTownofBlackWolfProtected AreaCJUndeterminedCityExpansionArea
CJ Town of Nekimi
CJ Town of AlgomaCJFondduLacCounty Town of Black Wolf
Sections
NA 0 1,0002,000 4,000WyE--Feet
S 1 inch equals 4,000 feet
Sources:City of Oshkosh GIS,Winnebago County WINGS Project
6,000 City of Oshkosh /Town of Black Wolf
Boundary Agreement
November,2008
Appendix C
Public Participation Materials