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Home My WebLink AboutD-539 Wastewater AgreementO D NANCE NO. XP AN ORDINANCE AUTHORIZING AND APPROVING SECOND AMENDMENT TO THE MUNICIPAL WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF CARMEL AND THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT WHEREAS, the City of Carmel and the Clay Township Regional Waste District have entered into a Municipal Wastewater Service Agreement; and WHEREAS, it is in the best interests of the citizens of the City of Carmel, Indiana, to amend the aforementioned Service Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, that the Second Amendment to the Municipal Wastewater Service Agreement between the City of Carmel and the Clay Township Regional Waste District, a copy of which is attached hereto, is in all respects approved and adopted. This ordinance shall be in full force and effect from and after its passage. Passed by the Common Council of the City of Carmel, Indiana, on this ~ day of November, 1987. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA esiding Officer ATTESTATION: O~Or~ .~. Clerk-Treasurer ATTESTATION: Clerk-Treasurer APPROVED: yE A. ~rEIMAN, Mayor of Carmel SECOND AMENDMENT TO THE M73NICIPAL WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF CARMEL AND THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT This Second Amendment to the Municipal Wastewater Service Agreement between the City of Carmel and the Clay Township Regional Waste District made and entered into this __day of November, 1987, by and between the city of Carmel~ a municipal corporation in Hamilton County, Indiana, by and through its Board of Public Works (hereinafter referred to as CARMEL) and the Clay Township Regional Waste District~ a sewer district in Hamilton County, Indiana, by and through its Board of Trustees (hereinafter referred to as DISTRICT). WITNESSETH THAT: WHEREAS, CARMEL and the DISTRICT entered into an Agreement on the tenth (10th) day of June, 1983, under which said Agreement CARMEL agreed to accept from the DISTRICT wastewater, liquid waste, and sewage of the DISTRICT and further agreed to treat and dispose the same in a proper manner at its sewer treatment plants; and WHEREAS, said Agreement was submitted to the Indiana Stream Pollution Control Board (ISPCB) for preliminary comments and approval from the ISPCB; and ~EREAS, changes in circumstances for both parties now require revisions to said Agreement; NOW, THEREFORE, it is hereby agreed by and between the DISTRICT and CARMEL that the parties' June 10, 1983, Agreement is amended as follows: 1. In accordance with Section 12(a), this Amendment shall establish the date that wastewater was accepted for treatment by CARMEL as October 19, 1987, and that execution of this Amendment Second Amendment - Page 1 shall satisfy requirements that both parties mutually agree on said date, and that payment for operation and maintenance costs and replacement costs on equipment shall commence as of October 19, 1987. 2. In accordance with Section 12(a), the attached Exhibit "A" CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE COSTS AND FOR REPLACEMENT COST ON EQUIPMENT, dated November 10, 1987 are accepted by both parties and shall supercede that attached to the June 10, 1983 Agreement. Said rates shall be effective as of the above date and shall be in effect until replaced in accordance with Section 12(a) of the June 10, 1983 Agreement. 3o Sections 12(c) and 12(d) of the June 10, 1983 Agreement are amended to establish the capacity of CARMEL's sewage treatment facility reserved to the Clay Township Regional Waste District as 2.08 million gallons per day (MGD) of the 8.88 MGD capacity. To utilize this 23.42 percent of such capacity, the District is entitled to transport 759.20 million gallons of wastewater, liquid wastes and sewage to CARMEL each year at a peak rate of flow not to exceed the following rates: 4.16 MGD in Any Three (3) Hour Period 3.12 MGD in Any Day 2.59 MGD in Any Week 2.36 MGD in Any Month Said increase from 1.98 MGD capacity reserved to Clay Township Regional Waste District to 2.08 MGD and subsequent revision to limitations of peak flow shall be subject to the conditions and be in accordance with the August 19, 1987 motion duly adopted by the Board of Public Works and Safety and the resolution of the Clay Township Regional Waste District Board of Trustees, dated September 14, 1987, accepting said capacity. Second Amendment - Page 2 Carmel acknowledges that it has received all sums due from the District for capital costs defined in Section 12(B) of the June 10, 1983 Agreement, excluding final adjustments which may be necessary after Carmel completes the expansion to 8.88 MGD, and agrees that there will be no further capital payments due on account of or arising under the increase in capacity referenced herein. 4. Section 21 and Exhibit "E" to the June 10, 1983 Agreement are hereby amended to replace Exhibit "E" dated June 1983, with Exhibit "E" dated November 1987. 5. Ail other provisions contained in the Municipal Wastewater Service Agreement between CARMEL and the DISTRICT dated June 10, 1983, are hereby reaffirmed and shall continue in full force and effect. The parties further agree to adopt such ordinances or resolutions as are required under Indiana Code Section 36-9-23-16 and/or Indiana Code 13-3-2-15, so as to fully adopt and authorize the amendments to said June 10, 1983 Agreement, as well as this Amendment thereto. Second Amendment - Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this day of , 19 CITY OF CARMEL THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT ITS BOARD OF PUBLIC WORKS ITS BOARD OF TRUSTEES ATTEST: ATTEST: Clerk-Treasurer Date Secretary Date Second Amendment - Page 4 CARMEL - CLAY TOWNSHIP R.W.D. TREATMENT AGREEMENT EXHIBIT #A~ CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE COSTS AND FOR REPLACEMENT COST ON EQUIPMENT Shared Costs Ar~u&~ operation & m&intena~ce (0 & M) expense: (Per 1988 * Allocation percentages to be determined by an engineering analysis. ** Allocation percentage = line item #8, shared cost * line item ~8, total cost. *** Amount to be determined by the consulting engineer. November 10, 1987