HomeMy WebLinkAboutCarmel/Hamilton West/Wastewater WASTEWATER SERVICE AGREEMENT
Between
THE CITY OF CARMEL
And
HAMILTON WESTERN UTILITIES, INC.
This Agreement, made and entered into this ~_~-day of
~ , 1984, 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 Hamilton Western Utilities, Inc., an Indiana corporation
engaged in operating a private sewer and water u'tility, under
authority from the Public Service Commissi6'n'~of Indiana (herein-
after referred to as "Hamilton western"),
/i...i. ~ITNESSETH THAT:
WHEREAS, ~Hamilton Western is presently a wholesale
customer of Carmel for the discharge of part of its sewage; and
WHEREAS, differences of opinion have arisen between the
parties, due to the numerous agreements, contracts,~ and other
memoranda which have been exchanged between Carmel and Hamilton
Western; and
WHEREAS, certain litigation is pending between the
parties, captioned "Hamilton Western Utilities, Inc. vs. City of
Carmel, Indiana and the Board of Public Works of the City of
Carmel, Indiana" now pe'nd[ng in the Hancock Superior Court, CaUse
Number SC 81-404, and
WHEREAS, the parties agree it is in their mutual best
to abandon the existing agreements, contracts, decrees
memoranda which relate to these services to be.provided
interests
and other
or obligations to be incurred by the parties, and
new.agreement encompassing these matters;
to formulate a
NOW,
promises, covenants and agreements hereinafter
parties agree as follows:
I. CAPACITy
A~ Carmel agrees to make available to
Western,
per year,
THEREFORE, in consideration of the mutual
recited, the
Hamilton
for its use, up to 257.325 million gallons of capacity
~lus an allowance for inflow and infiltration of
185,000 gallons per day in the McNamara Interceptor, subject to
the daily and monthly flow limitations set out below. There
shall be no current capital cost to Hamilton Western for such
capacity, which'is understood to include financing or bond
charge, availability fee, hook on fee, except for the sewer
service charge set out in Section II below, 'and, at Carmel's
current level of treatment.at its treatment plant. In the event
a more costly level of treatment or actual replacement of exist-
ing facilities not otherwise reserved for is required which
necessitates further capital expenditure by Carmel, Hamilton
Western agrees to participate in such expenditure with other
users on a total gallonage basis.
B. Hamilton Western agrees to limit its discharge into
the McNamara Interceptor toga volume not to exceed Three Hundred
Sixty Five Thousand (365,000) gallons per day, which together
wi'th in~low and infiltration, would not exceed a flow rate of
Five Hundred Fifty Thousand (550,000) gallons per day with a
diversion to Hamilton Western's retaining basin of
excess of the rate of Five Hundred Fifty Thousand
gallons per day.
all volume in
(550,000)
2
C. Hamilton Western agrees that its remaining capacity
of 340,000 gallons per'day, on a 30-day average, or 124.1 mil-
lion gallons per year shall be made available to Hamilton Western
in Carmel's North-South Interceptor, subject to the limitation
and constraints set out in Paragraph E below.
D. Hamilton Western agrees to construct and operate,
at its own expense, a retaining basin and other treatment facili-
ties in order to control flow into the McNamara Interceptor.
E. The parties acknow!edge that wastewater flows vary
due to weather conditions affecting both surface waters and
underground waters and also vary due to the personal habits of
its customers. The following limits and constraints are intended
to limit Hamilton Western to the use of its capacity and to.
.compensate Carmel for capital costs in the event excessive ca-
pacity .is used.
(1) In the even't Hamilton Western discharges more than
680,000 gallons of wastewater in any day (24 hours) in Carmel's
North-South Intercept~r, it shall be charged a penalty (not a
surcharge) of $100.00 per day for each day in which it discharges
more than 680,000 gallons, except for the one-day allowable peak
flow per month. Said penalty shall be payable when the next sewer
service charges are due. -.
(2) In the event Hamilton Western discharges more than
27.0708 million gallons per month in the Carmel system (both
McNamara and the North-South Interceptor) there shall be a sur-
charge to be determined as foilows: The capital cost of Carmel's
facility in the amount of $1,836,320 (Existing plant $628,400;·
3
-2 p~o~eC¢ cO -.vLded b~ ~h - be dYv~de° ~ - be dLvLded
19~ ' ~l be dl . shall
~ . and the [e~ ~ 6 this ~eSU~ 2allOn s~u"-
yea=S! ,~.O MGD) an. ~ m~ll~on ~ ~, bv 50 yea~
_. s~gn {low ~ monthly ge ~60 d~v~dea ~ · - '
~e ~oduCe the ~ O~ $103'3 ~e~
by 365 %o ~ ~nterceptO[ coSU - ~o~ a ~onthlY F
~ .ife and divided Dy .~tal monthly pes each
design i ' = $5.66 or a t - assessed on
ga]ion surcharge o~ · ~e shall be
surcharge o~ $47,59. Th~S
mYlliOn gallon or pontlon thereO~. , .
year~ to p 3 '
City o£ Carmel~ its capacit~ ~equ~ementSD~o[ the Kol~ow~ng year
based upon capacity required ~o~ its p~o~e~ted users under
weathe~ conditions, and, in the event such ~[o~ect~on exceeds its
available capacity~ Hamilton ~este~n'shall either acquire addi-
tiona~ capacity ~'rom othe~ pa~ties or in the even~ such addi-
tional capacity cannot be acquired~ Hamilton We/stern shall at
its own expense~ ~und the expansion o~ the Carmel plant a~
signed and constructed by Carmel ~o[ modula~ expansion and shall
~urther make necessary arrangements ~o[ additional capacity in
the North-South Interceptor.
In addition, Hamilton Western
million gallons per year for two
notwithstanding it's projections,
the manner set out above.
agrees thai' if ib ·exceeds 291
successive years, it shall
acquire additional capacity in
4
(4) The parties acknowledge that' Carmel is now metering total'
sewage flow from all users into its South Plant, and Carmel will
continue to meter such flow during the term of this Agreement.
F. The parties agree that the payment called for
regarding'sewer service charges as set out in this Agreement is
intended to compensate and reimburse Carmel for service rendered
in the treatment and disposal of such waste. Such payment shall
not entitle Hamilton Western to any possessory or proprietary
rights to the sewage disposal facilities, metering devices,
sampling devices, or other equipment or plant additions of the
Carmel facilities~ Carmel reserves the right to maintain 'and
operate such facility, and shall have sole discretion as to the
methods of operation, and the necessity for, nature ~f and extent
of improvements thereto.
II.~ SEWER SERVICE CHARGE
A. Hamilton. Western agrees to pay to Carmel for the
treatment of its wastewater, liquid waste and'sewage, an amount
or amounts to be determined as follows:
(1) Sewer service charges shall be based upon actual
flow without any allowance for inflow and infiltration. Such
flow shall be measured by meters installed and operated as
hereinafter provided.
(2) The rate of charge for Hamilton Western's
discharge into the McNamara Interceptor and Nor.th-South Intercep-
tor shall be at the rate of $0.68726 per thousand gallons of
measured wastewater, which charge shall, be payable monthly on the
same date and pursuant ~o the same or similar ibilling process
that is in existence at the date of this Agreement.. Carmel
5
represents that said rate has been determined pursuant to the
calculations contained in Exhibit A, and 'that the figures set out
in said calculations represent the opera~i6n, maintenance and
replacement costs currently being expended or charged in connec-
tion with the operation of the plant and other facilities repre-
sented in Exhibit A.
(3) The parties agree that this rate shall be reviewed
at the election of either.party hereto upon written notice and
request to the other, not more than annually from the date of
installation, nor less than every two (2) years, and shall be
adjusted accordingly.
(4) At the time of any adjustment or review, Carmel
~shall provide to Hamilton Western a qualified statement detailing
the calculations of tha rate, based upon the previous calendar
year's operation and maintenance expense record. The rate so
determined shall b~ paid by Hamilton Western to Carmel until
further modified, as herein provided.
(5) In the event one party ~does not agree with the
calculated rates of the other, it may submit any differences to
a court of competent jurisdiction or arbitration as set out'
hereafter in this Agreement.
(6) Hamilton Western shall pay, to the Carmel Sewer
Department, upo~ execution of this Agreement, the sum of Eighteen
Thousand Nine Hundred ~ixty Five Dollars ($18,965.00), which
represents its portion of the reimbursement,to McNamara under the
fifteen year'contract for construction of the McNamara Intercep-
tor. ·
(7)' Hamilton Western shall pay, to the.Carmel Sewer
Department, its existing sewer service charges to Carmel in the
sum of $193,835.29, which amount represents billing through and
includiDg January, 1984, less a credit of up to Eighty-Four
Thousand Dollars ($84,000.00), which represents costs and engi-
neering and construct'ion of Hamilton Western's retainage basin
and diversion facilities. Payment of past due sewer, service
charges after the foregoing credit shall be made as follows:
(a) Hamilton Western agrees to pay said charges by
paying Fifteen Thousand Dollars ($15,000.00) in cash upon the
exechtion of this agreement; and
(b) The balance of said charges shall be evidenced by
Hamilton Western's Installment Promissory Note, bearing interest
'at Ten Percent (10%) per annum, payable in seventy two (72) equal
mbnthly.installments, to the Carmel Sewer Department. The first
such installment shall be due and payable at the time the next
current monthly sewer service charges ar'e due~and payable, and
each month thereafter until paid.
B. Billing and Penalty Provisions.
(1) Carmel shall, once each month, invoice Hamilt6n
Western for such charges, and such amounts shall be due and
payable on Or before the 30th day following receipt of such
invoice. In the event Hamilton Western shall fail to timely pay
to the Carmel Sewer Department the amount of such invoice within
the thirty (30) day period, Hamilton Western shall be liable for
and pay to the Carmel Sewer Department a penalty for delinquency
'at a rate of
amount.
Ten Percent (10%) per annum of the delinquency
7
(2) The parties agree, upon reasonable notice, to
comply with the requirements and regulations of the.United States
Environmental Protection Agency, as respects conditions and
limits of grants and applications with respect'to the operation
of the sewer utility.
(3) Hamilton Western agrees
consistent with Carmel!s Sewer User O~dinance and
same.
to enact user rules
abide by the
III. METERING
Carmel agrees to purchase the necessary metering
devices and sampling equipment for properly measuring and sam-
pling the quantity and quality of wastewater delivered into the
Carmel sewer. The ownership of the equipment shall be Carmel's
and the metering devices shall be electronic in type. Carmel
agrees to install the metering devices at its own expense, at the
point of discharge into the McNamara Sewer Interceptor and at the
point of discharge into the North-South Interceptor, (such meters
shall'hereinafter be referred to as "discharge meters"); Any
further points of discharge into either Interceptor by Hamilton
Western shall, after notice and approval by Carmel, be at the
expense of Hamilton Western, including installation of the same
or.similar discharge meters unless otherwise agreed.
B. Hamilton Western agrees to provide to. Carmel
discharge metering locations and, if
metering locations for installation,
reading, and other related uses.
required, access to
ingress and egress,
the
the
repair,
8
C. Calibration of such discharge
shall be performed not less than once every
metering equipment
twelve (12) months,
or by request of either party.
tion, maintenance and all other
meters shall be the duty-of Carmel,
notified of any work to be performed
3meters, except in emergencies.
The responsibility for' the opera-
matters relating to the discharge
Hamilton Western will be
by Carmel on the discharge
D. Either party may install, maintain, or operate, at
its expense, such check metering equipment as it desires, provid-
ed that such metering equipment shall be so installed as to not
interfere with the operation of a Carmel discharge meter. In the
event either party shall install check metering devices, the
other party shall have access thereto and an opportunity to be
present at the reading, calibration, repair, e~c., of such check
meters.
E. If any discharge meter fails t~ register for any
period, the amount of wastewater treated during such period shall
be deemed to be the amount of wastewater treated in the corre~
sponding period immediately prior to the failure.
F. If, upon any test, any discharge meter is found to
be not more than Five Percent (5%) fast or slow, such meter shall
be considered correct in computing the volume of wastewater
delivered to Carmel, but .the meter shall be properly.adjusted to
record accurately. If, upon any test, any meter shall be found
to be inaccurate by any amount exceeding Five Percent (5%), then
any previous reading of such meter shall be corrected to elimi-
nate all error for the prior two (2) month period.
9
G. If any test of
any metering equipment
of'either
'party shall be made at the request of the other, with the result
that such metering equipment shall be found to register within
Five (5%) of accuracy, the party requesting the test shall bear
the expenses in6ident thereto.
H. Carmel agrees to preserve for a period of three (3)
years all metering and testing data and other records in measur-
ing the wastewater discharged into the Carmel system or into the
treatment plant, and the records thereof shall be kept in such
manner that both parties shall have access during business hours,
upon reasonable notice, and shall be subject to examination and
copying. Further, should Hamilton Western install check meters
as provided herein, similar records shall be made available to
the City of Carmel pursuant to the terms of this p~ovision.
iv. MONITORING AND CONTROL
A. Hamilton Western agrees to use all'necessary
precautions and diligence to exclude from the wastewater dis-
charged into the Carmel facility any foreign materials or indus-
trial waste which are objectionable, dangerous or inhibit the
bacterial growth or which, for other reasons, cannot be readily.
treated in the sewage treatment plant of Carmel, or may be inju-
rious thereto or for the above reasons are prohibited by Carmel
Sewer Users Ordinance, as amended. Upon discovery that foreign
materials, industrial waste, or prohibited substances are being
discharged by Hamilton Western into the Carmel interceptor and/or
treatment facility, Hamilton Western shall be notified and shall
forthwith take appropriate steps to insure that such unacceptable
materials are excluded from future discharge into the Carmel
facilities. Hamilton Western shall be liable for any additional
costs in connection with such unacceptabl.e materials, including
any fines or civil penalties that may be levied by the State of
Indiana Or the United States Environmental Protection Agency for
noncompliance with Carmel's National Pollutant Discharge Elimina-
tion System' Permit. However, such obligations shall be subject
to Hamilton Western's right to notice and an opportunity to
contest in good faith and/or appeal any such fines or penalties.
Upon discovery that any u~acceptable materials are being dis-
charged as set forth above:
(1) Either party shall immediately notify the other of such
unacceptable sewage or materials, including the location, time
or times, the'nature of.such u~acceptable sewage or waste, and
such other information as may be available.
(2) Upon verbal'notification and confirmation thereof in
writing and Hamilton Western's ability to identify the user
responsible for the delivery of such unacceptable wastewater,
liquid wastes and sewage, Hamilton Western shall immediately
notify that user to cease delivery of such materials and continue
all necessary monitoring to assure compliance with this agree-
ment.
(3) Carmel 'shall, in the event that Hamilton Western is
unable to identify the location, time and source of such unac-
ceptable discharge, cooperate with Hamilton Western in locating
such source. Hamilton Western will use its best efforts to
correct or cut off the user delivering unacceptable wastewate~,
11
liquid waste and sewage or discharge.to the parties sewer system
or.treatment facility.
(4) In the event that the user delivering such unacceptable
sewage or materials through Hamilton Western's connection point
to Carmel cannot be ascertained within forty-eight (48) hours of
first notice, then the' parties shall authorize an independent
emergency investigation to be instigated forthwith in regard to
the matter. The parties shall fully cooperate with said emergen-
cy investigation to ascertain the user delivering the unaccept-
'able discharge and necessary corrective actions.
(5) The parties shall determine and agree as to the
severity of the damage caused to Carmel's collection and treat-
ment facilities resulting from the discharge of the unacceptable
. sewage or materials. If the parties are unable to reach such
~gree~ent,~then both parties may agree, within thirty (30) days
after said negotiations fail, to name an independent engineer or
other person not connected with either party who has knowledge of''
the disputed areas. The two named arbitrators shall name a third
qualified person to serve and the three arbitrators shall deter-
mine the unresolved issues between the parties. In addition to
those expenses, civil penalties, damages or fines for the damage
to the Carmel sewage system,
arbitration or court action
(6) In the event
the expense of such investigation,
shall be borne by Hamilton Western.
that the parties are unable to
ascertain the User delivering such unacceptable sewage or materi-
als through Hamilton Western's interconnections poin~ to the
Carmel sewers, then and in that event, if an emergency exists as
12
to the continuing damage to Carmel's collection and treatment
facilities resulting from the discharge of such unacceptable
sewage or materials, Carmel may seek such equitable or injunctive
relief as is necessary or appropriate in a court of competent
jurisdiction.'
B. Carmel agrees to report to Hamilton Western once
each month the volume and characteristics of the discharge of
wastewater into the.Carmel facilities. The characteristics
measured or otherwise identified and reported shail include, but
not be limited to, volume and any waste constituents identified
in Carmel's Rate Ordinance. Sampling and analysis of Hamilton
Western's wastewater shall be conducted in accordance wi.th ~c-
ceptable engineering practice so as to reflect an accurate pro-
file of the wastewater discharged. Hamilton Western reserves ~he
· right to verify the report submitted by Carmel and may conduct
such investigation in connection with and shall have the right of
ingress ahd egress, upon reasonable prior Dotice, onto the prem-
ises of Carmel as necessary and required to verify documents and
record~subject to such report.
C. Hamilton Western agrees to comply, along with all
other entities, with the applicable provisions of the Federal
Water Pollution Control Act, as amended, and the regulations
promulgated thereunder and with the Indiana statutes relating to
pollution abatement.
V. PROHIBITION AGAINST DISCHARGE OF GROUND AND SURFACE WATER
Hamilton Western has enacted, in its rules and
regulation~ filed with the Public Service Commission, rules
13
prohibiting the discharge of'ground and surface
sewage system, and agrees to use all reasonable
force such prohibition.
Vii OWNERSHIP AND REMOVAL
PACKAGE PLANT
A. Parties agree that the package
installed at Carmel's north plant was leased
Hamilton Western has the right to remove all
water into its
efforts to en-
OF
treatment plant
to carmel and.
s~lvageable equip-
ment and property in the.ground and above the ground which is
considered part Of the facility. Carmel'has provided to Hamilton
Western a list of all items to be removed and a time frame in
which removal shall take place, which, it is the understanding
of the parties, shall be no more than twelve (12 months from the
execution of this Agreement.
B. Hamilton Western shall perform t~e salvage of the
package plant in a workmanlike manner and in such a way as to not
unreasonably interfere with Carmel's operation of the remaining
facility. Hamilton Western shall, however, have no responsibili-
ty for removing any existing~f6otings.
VII. RELEASE AND SATISFACTION OF
EXISTING CLAIMS AND LITIGATION
A. The parties hereto agree that, in part, as
consideration to Carmel for entering into this Agreement, the
following agreements, contracts, consent, and the claims, rights,
damages, charges, or liabilities contained therein are hereby
rendered null, void and unenforceable:
(1) The October 28, 1969 agreement entitled
"Contribution Contract Between the Town of'Carmel and the Owner
14
of Real Estate for Sanitary Sewer Interceptor in Clay Township"
as. assigned by the Journal Box Servi~e Corp., Inc; and ·
(2) The March 29, 1974 agreement entitled "Waste
Disposal, Treatment, Construction, and Operation Agreement"; and
(3) The July 29,~1976 agreed entry consent decree
filed in ~he Hancock Superior Court, under cause number SC76-60
captioned "Hamilton Western Utilities, Inc., Plaintiff -vs-~City
of Carmel, and the Board of Public Works of the City of Carmel',
~ Defendants"; and
(4) The December 6, 1976 agreement ~ntitled "Agreement
On Method~of Computing and Reporting Sewer Charges and Ra~e"; and
(5) The February 7, 1978 Regional Agreement, as
amended;and
(6) The April 17, 1978 agreement entitled "Agreement
Re: Sewer Service"; and
(7) The May 17, 1979 agreement entitled "Amendment of
Agreement on Method of Computing and Reporting Sewer Charges and
Rat'es"; and
(8) All issues~ claims, rights, interest,' damages or
liabilities between the parties hereto and as set out in a law-
suit Captioned "Hamilton Western Utilities, Inc.', Plaintiff, vs.
City of carmel, Indiana, and the Board of Public Works of the
..City of Carmel, Indiana, Defendants", now pending in the Hancock
Superior Court under 'cause number SC 81-404, which shall be~
dismissed with prejudice by both parties.
B. Upon ~xecution of this'Agreement, any and all
claims for damages, of whatever nature, which arose or could have
arisen under the items listed in paragraph A above, .or by virtue
of enforcing in court under separate titled litigation, by either
party, are forever foreclosed and released by each party as
agains.t the other.
' 'C.~ Any existing agreement, contract, or understanding
of the parties, nog voided or superseded by paragraph A a.bove,
shall be presumed unenforceable as its terms maY c~nflict with
this Agreement. ~
VIII. INTERIM BILLING FOR SEWER CHARGES
· A. Billing for the sewage discharge by Hamilto~'
Western into the McNamara Interceptor shall be based upon the
meter readings of the existing meter located'in the northeast
corner of Section Nine of the Village of Mount Carmel. Said
meter shall only be used until new meters as provided in this
.A~reemen~ are installed and operating, which period shall not
exceed twelve (12) months, at which time billing shall be based
upon the readings of the new, installed meters as provided in
this Agreement.
B. ' Billing for sewage discharge into the Nort. h-South
Interceptor shall be as follows:
(1~) There shall be no connection between Hamilton
Western and Carmel until a.discharge meter, as provided in this
Agreement, is installed and operating..
~(2) Hamilton Western shall install and construct at
its own expense, ~ubject to Carmel's right to inspect the same,
the Hamilton Western sewer connection line to the Carmel line to
the Carmel North-South Interceptor. Hamilton Western shall
obtain all necessary permits it deems necessary.
'(3) Carmel shall use due diligence and good faith to
· install a discharge'meter within sixty (60) days of delivery of
said meter to Carmel.
IX. RESOLUTION OF DISAGREEMENTS
A~ In the event the parties hereto disagree over the
terms of any covenant, condition or term hereof, they shall in
good faith attempt to resolve their differences.
B. During any period of renCgotiation and/or
arbitration or litigation~ Hamilton Western shall continue to
meet its financial obligations to Carmel in accordance with the
provisions of this Agreement and Carmel 'shall continue to.accept
and treat Hamilton Western's sewage.
C. All disputes regarding service charges shall be
resolved ultimately by:
(1)
(2).
advance notice of any proposed increase in sewer service charges
and Hamilton Western shall have the opportunity to review and
either accept or dispute the proposed increase. It is agreed
that Carmel shall have the right to proceed with such rate in-
crease even if disputed by Hamilton Western and Hamilton Western
shall be required to continue its payment obligations to Carmel
until such dispute is resolved in accordance with the~te~ms of
this Agreement. In the event that such dispute is ultimately
resolved in Hamilton Western's favor, then the disputed payments
previously made to Carmel shall be refunded within a reasonable
A court of competent jurisdiction; or
If the parties mutuallY agree, by arbitration.
Carmel shall give Hamilton Western ninety (90) days
17
time to Hamilton Western,
Ten Percent (10%).
together with interest at the rate of
X. EXPANSION OF CARMEL'S
SEWAGE TREATMENT FACILITIES
In the event Carmel expands its sewage treatment
facilities to a total capacity in excess of 10.63 M.G.D. Carmel
agrees that Hamilton Western shall have the right to participate
in such additional capacity based upon need and an equitable
allocation of such capacity among the existing users provided
Hamilton Western shall pay'its proportionate part of such ~expan-
sion costs including engineering, design and financing costs.
XI. GENERAL PROVISIONS
A. This Agreement shall contain the complete agreement
between the parties and shall not be amended unless amended~in
writing and signed by both parties.
B. Inasmuch as this agreement may be subject to
approval of the Indiana Public Service Commission or the State
Board of Health or the U. S. Environmental Protection Agency, the
parties hereto agree to use their best efforts and good faith to
obtain the approval or approvals necessary for the implementation
of this Agreement and meet such reasonable demands as the approv-
ing agencies may require.
C. This Agreement. shall be binding upon the pa~tieS'
hereto, their successors and assigns, and shall be considered an
Indiana agreement and interpreted under the laws of the State of
Indiana.
D. In the event any provision' of this. Agreement shall
be held invalid or unenforceable by any Court of competent juris-
18
diction, such holding shall not invalidate or render unenforce-
able any other provision hereof.
' E. In no event shall the parties, to this Agreement
'directly or indirectly interfere with the other party's ability
to fund their bonded indebtedness.
F. All notices, certificates, or communications
shall be deemed given
certified mail, postage
hereunder shall be sufficiently given and
when delivered or mailed by registered or
prepaid, addressed as follows:
If to Carmel:
Office of the Mayor
Carmel City Building
40 East Main Street
Carmel, Indiana 46032
If to Hamilton Hamilton Western Utilities, Inc.
Western: 1350 North G~eyhou.nd Court
Carmel, IN 46032
G. This contract Shall be for a period of twenty (20)
years from the date of the last contribution to replacement cost,
capital contribution or depreciation with regard to Carmel's
sewage facilities by Hamilton Western, 0~ its successors or
assigns, whether such contribution is through payment of sewer
service charges or otherwise.
IN WITNESS WHEREOF, the parties hereto set
and seals the date first above written.
ATTEST:
their hands
HAMILTON WESTERN UTILITIES,
BYA~ o r i z ed.' 6f~ l~e r
INC.
19
ATT ~ST: ·
Clerk/Treasure
City of C~armel, Indiana
CITY OF CARMEL, INDIANA by and
through its BOARD OF PUBLIC WORKS
Fred T.. Swift f
Billy,. Walker
EXHIB1T "A" " ·
CALCULA'FION OF I~qlOLESA~E RATE FOR OPERATION AND
)~INTENANCE COSTS AND FOR REPLACEMENT COST ON E~U1PMFiqT
L{ne
~Item
Number -' '"
' ' Annual operation'&.maintenance
(0 & M) e~pense:
· 1 Treatment plant expense
2 Sludge bandling disposal exp.
Collection system expense
"3 - interceptor sewers
.' 4-' ' - collection sewers·
5 -- lift stations
6 Billing and collection expense
7 Industrial monitoring expense
8 ' Sub-total
'9 Ceneral and administrative
expense
10 Taxes
TotJl O & M Bxpense
11 Plus: Annual' replacement cost~ on
equipment .faf items of plant
benefiting wholesale
customers
12
'13
14
· 15
16
Total
Costs
Allocation
Pe'rcenta~
$396,386 '100%-
0 ' 100%
Shared Costs
$396,586
O
1~,189 ].00%* 15,189
60,755 0% 0
25,399 0% 0
53,443 0% '0
0%
$551,172
150,814
25,786
$727,772
$411,575 ,..
74.7%***' 131,'872
150~O00
$543,447
15o,o6o
Total annual O & M expense
and replacement.cost on ' '
equipment,- .
$877,7'72
693,647.
Less: Carmel surcharge revenue
for excess BOD and 'SS
Net of surcharge revenue
Divided by total annual flow
received at .Carmel treatment
plants
· Rate per million gallons
of flow to wholesale
customer~ (including
domestic loading) .
Allocation for intercept~r based on 20% of collection costs.
Allocation percent = line item ~, shared cost ~-
Amount estimated by'tl~e consulting englnee~?
k
0
0
]009 MGY
$687.26
line item ~ , to[al cost.