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HomeMy WebLinkAboutComputing & Reporting/Sewer RtsA~4ENDMENT OF AGREEMFI,]T ON ~4~THOD OF COMPUTING AND REPORTING SEWER CHARGES AND RATES TIIIS AMENDME~T OF AGREENIENT dated D~-~¥ ~7 , 1979, OF METHOD OF COMPUTING AND REPORTING SEWER CHARGES AND RATES between the CITY OF CARMEL (referred to as "Carmel") and HAMILTON WESTERN UTILITIES, INC., (referred to as "Hamilton Western!'.) dated December 6, 1976, WITNESSETiI THAT: WHEREAS, Carmel and Ifamilton Western, along with 'other parties, entered into a Regional Agreement dated February 7, 1978; and, . WHEREAS, Carmel is seeking under a segmented plan to build a part of an interecePtor sewer .from its South plant to 146th Street as a segment of an interceptor sewer that will run to WestfJ. eld; and, WItEREAS , such construction, set out in Part IX, Paragraph 9.2 be delete.d; and; WHEREAS, Hamilton Western is asserting certain inequities in donnec'tion with the present Agreement on Method of Computing and Reporting Sewer Charges and Rates (hereinafter referred to as "Rate Agreement"), partic'ularly in reference to the fact that Hamilton Western is being charged for ali_ wastewater flow to Carmel's North Plant, including in-flow and infJ_ltration; and WHEREAS, Carmel is not treating all such in-flow and infiltration. in connection with securing a grant-in-aid of the authorities have asked that the Escape Clause aD.d agreements erations; agree as THEREFORE, in consideration of hhe mutua'l promises of the parties, and oLher good and valuable consid- the receipt of which is hereby acknow].edged, the parties follows: 1. In order to determine percentage of treated flow7 (PTF) and pereentage of plant capacity (PPC) used by each of the parties, it is agreed that the total flow of effluent and wastwater, including in-flow and infiltration, both treated and by-passed, ~e measured to Carmel's .North plant over a period' of One Hundred Twenty (120) days (Test Period) starting in the fall on 1979 or spring of 1980 during ~he period ~f greatest in-flow and infiltration (exact period to be mutually agreed upon), and from such measured flow to determine the percentage of flow coming from Carmel users and Hamilton Western users. From this determina~ion, Hamilton Western's PPC sha].l be determined based upon an agreed plant capacity of 900,000 per day. ~eLween the date of this Agreement and 'the end of the Test Period and the determination of Hamilton Western's PPC, the parties agree, as an interim method, to use IIamilton Western's percentage of total EDU's (adjusted for conunercial and industrial users as hereinafter provided) for the North plant in determining Hamilton Western's PPC. 2. Carmel agrees to secure and instal]., measuring devices, measuring all flow of effluent and wastewater during the Test Period to the North plant. Each party sha].l bear the expense f~r the measurement of its own effluent and wastewater. -2- Hamilton Western's PPC shall be determined by its percentage, of PTF based npon a plant capacity of 900,000 per day. For example: assuming A Test Period of 120 days Plant Capacity of 108,000,000 (900,000 gallons x 120 days) Total metered flow of 200,000,000 gallons from Carmel users and 30,000,000 from IIamilton Western users Hamilton Western's percentage of flow would be 13% and Carmel's percentage of flow would be 87%. Thus, Hamilton Weshern's maximum daily plant use would be 117,000 gallons and any daily metered reading in excess of that amount would be disregarded as untreated flow. The maximum daily plant use as so determined (ll7,000 gallons) J.s intende~ to take J.nto consideration untreated in-flow and infiltration ~ i_' of both parties and·shall be in lieu of the allowances for in-flow and infiltration per the agreed j~dgment in the amount of 1,500,000 gallons per month. 3. Parties agree that both parties shall participate in reading and determining the metered flow during the Test Period and that the adjustment to be made by disregarding flow in excess of IIamilton Western's maximum daily plant use shall be retroactive to January 1, 1978 and that an adjustment in the sewer service charges for the retroactive period shall be made based upon Hamilton Western's maximum daily plant use 'determined as provided above. Since daily readings were not made during the retroactive period, Hamilton Western's TPC shall be multiplied by the number of days in the billing perio, d and if the product is less than the total mel~ered sewage charged ~fher the allowance for in-flow and infil- tration per the agreed judgment, then a credit shall be given . Hamilton Western for the difference at the rate charged during said period for said difference. -3- It is also agreed that eib-her party may request an addi- .tional testing ~f total flow of effluent and wastewater in the Nanner above described except that the 'testing shall not be more frequent than once each year and shall be made during a mutually agreeable period of the year. 4.. In conuection with the deterraination of IIamilton Western's PPC during the interim period frol~ the date of thins Agreement until the end of the Test Period, it is agreed, that ~otal EDU"s treated by the North plant shall be determined as follows: ~11 residentSal users shall be considered as one EDU. EDU's for commercial and industrial users shall be~'~r't, iv~d?~t{~b~d~t~rminihgt their~ ~vera~e~-~ mouthly' water use duriug the calendar year of 1.978 if in~f~hey ~re a~user'dur.ing~ such period and by dividing the average monthly water use by 9,000 gallons to arrive at the number of EDU's for each cemmercial and industrial user. In khe event the cemmercial and industrial user was not a user during the full calendar year of 1978, then the average of the last most recent months of use shall be used in lieu thereof. Each party sha]_.l ]{av~ ~5he op~ertunity' to make' such inves .... tigation of the ether party's records necessary to determine the huller of users and the computation of the EDU's as set out above. Upon determining Hamilton Western's percentage of EDU's serviced by the Horth plant, plant capacity of 900,000 ga].lons per day shall be multiplied by such percentage to give Hamilton Western's maximum daily plant use. For example: assuming A total of 2500 EDU's serviced by the North plant after the conversion of the co]~ercial and industrial users and assuming Hamilton NesI~ern's EDU's o.f 355, Hamilton Nesteru's percentage of total EDU's would be ].4% aud !Iamilton Western's maximum daily plant use would be. 126,000 g~altons (14% x 900,000 gal.). Parties agree that during this interim period, meters shall be ~ead on a daily basis and that each party will report hook-ohs to the North plant and that from such hook-ohs the per- centage of EDU's and Hamilton Western's maximin daily plant use be adjusted on a semi-annual basis. 5. Parties agree that the rate charged Hamilton Western shall be as follows: First 1,000,000 gallons during each month - 36 cents; balance of gallonage durfng the month - 46 cents. Such rate adjustment shall be made for the months following the execution o~[[,~hi.s*,~.g~e?~m,e!~,t -and,shall._ne~ '6~'I :I~for._'ma'6ion t~ be included in the'm~hly statement shall reflect this change in method of computing sewer service charges as follows: p f RE ORP Mount Carmel' Village Farms STATION % STATION ~ Metered sewage from to TOTAL metered sewage: Allowance for disregarded flow 'in excess of Hamilton Western's maximum daily plant use First 1,000,000 gallons 'at 36 cents Metered sewage in excess of 1,000,000 gallons at 46 cents TOTAL CHARGE (Credit against_ indebtedness) -5- . 7. Ail ol:her terms and conditions of said Rate Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement has been executed the' day and year first above written. CITY OF CARMEL HAMILTON WESTERN UTILITIES, INC.