HomeMy WebLinkAboutSewer Reimburse/Hughes, Inc. SEWER RE~NBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARMEL, INDIANA AND HUGHEY, INC.
This Agreement entered between the City of Carmel, Indiana
(hereinafter "Carmel") and Hughey, Inc., an Indiana Corporation
(hereinafter "Hughey") witness:
WHEREAS, Carmel has duly adopted and enacted Ordinance S-41
(January 4, 1982) that provides in part for the reimbursement
from the "interceptor fund"~by Carmel of private funds expended
to extend the trunk sewerage system and such ordinance further
provides the method offr~imburseme~t~(S~cti6n 7%02~ and,
WHEREAS, Hughey desires to extend a portion of the trunk
sewerage system as follows:
See attached plan Exhibit "A"
WHEREAS, Hughey desires to receive refundihg of reimbursable
monies expended pursuant to ordinance S-41 (January 4,-1982).
Now therefore, the parties agree as follows:
1. This written agreement entered prior to the commencement
of construction is entered by the parties pursuant to Ordinance
S-41, Section 7.02 (January 4, 1982).
2. Hughey shall advance the sum of $8,921.88]to or on behalf
of Carmel to pay for the construction of the extension of the trunk
sewer, the complete description of the project is as follows:
312.5 ft. of 8" sewer from manhole #1 in Woodacre
West to manhole #31 i~ the North Zone interceptor
sewer now under construction.
3. Carmel determines such expenditure to be necessary to pro-
vide sewerage to adjacent real estate and to meet the requirements
of Carmel.
4. Carmel and Hughey agree that Hughey shall be entitled to'
reimbursement of the sum of $8,921.88 from the "interceptor fund"
established by acreage availability charges assessed by the Ordinance
(the present amount of $700.00 per acre).
~. Carmel's obligation shall be to repay funds from those
deposited in the "interceptor fund" only and Carmel does' not
incur any liability for repayment other than to pay from funds
deposited in the "interceptor fund".
6. Payment from the "interceptor fund" to Hughey shall be
in the amount agreed by the parties to this Agreement and shall
occur quarterly. Payments to Hughey shall be prior to any pay-
ments from the "interceptor fund" made to any other persons
entering similar agreements subsequent to the date of this Agree-
ment (referenced in the Ordinance as payment on the basis of
first in, first ou~).
IN WITNESS WHEREOF the parties have executed this Agreement
on the date first above written.
City
AS~t L] Uu~hdy~ ~" ~" d
Vice President, Hughey, Inc.
"'~ ~ii
Boar
of Carmel, Indiana
A. Reiman, Mayor
~lker, member
>f Public Works
B~oard o~ Public ~ork~/