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HomeMy WebLinkAboutCarmel/CTRW/Sewage Rev BondMUNICIPAL-WASTEWATER'SERVICE-AGREEMENT BETWEEN-THE~ClTY-OF'CARMEL AND-THE'CLAY TOWNSHIP REGIONAL-WASTE-DISTRICT THIS AGREEMENT, made and entered into this ay of June, 1983, 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 Cdunty, In'd~'ana, by and through its Board of Trustees (hereinafter referred to as "DISTRICT") WITNESSETH THAT: WHEREAS, the District does not have adequate means of disposing of its wastewater, liquid wastes and sanitary sewage from the District, and WHEREAS, Carmel has a sewage treatment and disposal facility and is making improvements and additions to said facility which will have a capacity in excess of that required to process its own wastewater, liquid wastes and sewage, and is willing to accept wastewater, liquid wastes and sewage from the District and proces~ and dispose of the same, and WHEREAS, the District desires to construct and connect the sewer system of the District to the sewage treatment and disposal facilities of the City of Carmel and will transport wastewater, liquid wastes and sewage generated with the jurisdiction of the District to the City plant to be treated the City. by NOW, THEREFORE, it is hereby agreed by and between the parties hereto that Carmel will accept from the District the wastewater, liquid wastes and sewage of the District and will treat and dispose of the same in a proper manner at its sewage treatment plant subject to the following covenants and conditions. 1. The District agrees to extend its sewer to connect into Carmel's sewage treatment and disposal plant at a point which is mutually agreeable to the parties. 2. Carmel agrees to accept, treat and process in a proper manner all wastewater, liquid wastes and sewage transported from the District'to the Carmel plant by means of such sewer subject to the conditions hereinafter set forth in this agreement. 3. The District agrees to furnish and install at its own expense at the treatment plant, the necessary metering and sampling equipment and all appurtenant devices for properly measuring and sampling the quantity and quality of wastewater delivered to Carmel. Calibration of such metering equipment shall be performed not less than once every twelve (12) months or by request of either party. A meter registering not more than five percent (5%) above or below the test result at full scale shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the two (2) months previous to such test in accordance K~th the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of wastewater treated during such period shall be deemed to be the amount of wastewater treated in the corresponding period immediately prior to the failure. 4. The duly authorized representatives of both the District and Carmel shall have rights of access during business hours to inspect and observe the operation of the meters -3- provided for in the preceding paragraph hereof. The expense of operating and maintaining such meters shall be paid by the District and any records or charts from such meter or meters shall be kept by Carmel and shall be subject to examination by the District. 5. The District agrees to construct and maintain a sewage and collection system, including sewers and regulating stations other structures, as may be required to deliver the flow of wastewater, liquid, wastes and sewage from the District to Carmel. The District agrees to use all necessary precautions and diligence to exclude from wastewater, liquid wastes and sewage transported to Carmel, sand, gravel, street waste, grits, leaves, rages, paper, pickling liquor, cyanide, coal tar, oil, grease, acids,, dry cleaning fluids, and any other foreign material and industrial wastes which are objectionable, dangerous and inhibitive to bacterial growth or which for other reasons cannot readily be treated in the sewage treatment plant of Carmel or may be injurious thereto or are prohibited by the Sewer Use Ordinances of Carmel, which may be amended from time to time. Upon discovery that unacceptable substances or materials as defined by the Sewer Use Ordinance of the City of Carmel, Indiana, of 1981, as amended from time to time, or waste or materials deemed unacceptable pursuant to rules and regulations duly promulgated by the U.S. Environmental Protection Agency or the Indiana Stream Pollution Control -4- Board, are being discharged by District to Carmel, shall be notified and the District shall forthwith appropriate steps to insure that such unacceptable the District take materials are excluded from future discharges to Carmel. The District ~hall be liable for any additional costs at the wastewater Board, are being discharged by District to Carmel, the District shall be notified and the District shall forthwith take appropriate steps to insure that such unacceptable materials are excluded from future discharges to Carmel. The District shall be liable for any additional costs at the wastewater treatment plant in connection with such unacceptable materials delivered from the District, including any fines as may be levied by the State of Indiana or E.P.A., for noncompliance -with Carmel's NPDES permit. Upon discovery that any unacceptable substances or materials are being discharged as set forth above: (A) Carmel shall immediately notify the District of such unacceptable sewage or materials, including the location, time or times, the nature of such unacceptable sewage or waste, and such other information as may be available. (B) Upon verbal notification and confirmation thereof in writing and the District's ability to identify the user responsible for the delivery of such unacceptable wastewater, liquid wastes and sewage, the District shall notify that user to immediately cease delivery of such materials and/or waste within twenty-four (24) hours. -5- (C) Carmel shall, in the event the District is unable to identify the location, time and source of such unacceptable sewage, cooperate with the District in locating such source. The District will use its best efforts to correct or cut off the user delivering unacceptable wastewater, liquid wastes and sewage to parties' sewer system. the (D) In the event that the user delivering such unacceptable sewage or materials through the District's Interconnection Points to Carmel sewer system, cannot be ascertained after diligent inquiry by the District and Carmel, then the District and Carmel shall give notice immediately to the Technical SecretarY of the Indiana Stream Pollution Control Board, and request that an emergency investigation to be instigated forthwith in regard to the matter. Said emergency investigation shall determine the severity of the damage to Carmel's collection.and treatment facilities resulting from the discharge of such unacceptable sewage or materials. After such emergency investigation, the Technical Secretary of the Indiana Stream Pollution Control Board may issue an order mandating the District to cease delivering of such unacceptable sewage. -6- (E) Subject to the order by the Technical Secretary, in the event the District does not comply with said order, then Carmel shall have the right to cease receiving sewage from the District at the violating interconnection point, and may disconnect at the District's expense, or take other appropriate action consistent with the order of the Technical Secretary to the Indiana Stream Pollution Control Board until the cause for such action is remedied to the satisfaction of Carmel, U.S. Environmental Protection Agency and Indiana Stream Pollution Control Board. Provided, however, that the right to cease servicing the entire system of the District, as in this paragraph set forth, shall be only for the delivering of unacceptable sewage or waste materials, as provided herein. 6. The District agrees to adopt a sewer use and rate ordinance ordinance ordinance 7. as required by PL 92-500, as amended, and said shall be compatible with the Carmel sewage use as required by PL 92-500, as amended. The District has or will enact an ordinance which prohibits the introduction of inflow into its sewage system prohibition. surface water and ground water and will otherwise enforce such 8. Carmel agrees to report to the District once each month, before the 15th day of each month, the volume and characteristics of the discharge of sewage into the Carmel -7- system during the preceding calendar month. The characteristics measured or otherwise identified and reported shall include, but not be limited to volume and any waste constituents identified in Carmel's rate ordinance and/or sewer use ordinance. Sampling and analysis of the District's wastewater, liquid wastes and sewage shall be conducted in a comprehensive way and in accordance with acceptable engineering practice so as to reflect an accurate profile of the sewage to form the basis for fair and equitable variable charges. 9. The District reserves the right to verify the reports submitted by Carmel and may conduct such verifications, in accordance with acceptable engineering standards and shall have rights of ingress and egress onto the premises of Carmel as necessary and required to examine and verify documents and records subject of such report. 10. Carmel agrees to furnish and install at its own expense at the treatment plant, the necessary metering and sampling equipment and all appurtenant devices for properly measuring and sampling the quantity and quality of wastewater delivered to the Carmel South Waste Water Treatment Plant. Calibration of such metering equipment shall be performed not less than once every twelve (12) months or by request of either party. A meter registering not more than five percent (5%) above or below the test result at full scale shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the -8- two (2) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of wastewater treated during such period shall be deemed to be the amount of wastewater treated in the corresponding period immediately prior to the failure. 11. In the event the equipment (meter or sampler) should for any reason fail to provide Carmel with required reports and data as provided for hereinabove, Carmel shall make an estimate of the charges due from the District based upon prior flows and loadings and bill the District therefor as provided in this~ Agreement. If the correct actual charges due should be later determined, Carmel shall make appropriate' adjustments in the next billing to the District. 12. The District agrees to pay to Carmel for the treatment of wastewater, liquid wastes and sewage from the District an amount or amounts to be determined as follows: (a) Qperation'&-Maintenance"Costs'Payment-&'RePlacement- ¢osts-on-Equfpment Payment shall commence on ~he wastewater for treatment from agreeable date with said date date Carmel first accepts the District or any mutually to be endorsed by Addenda to this agreement and signed by both parties. The District shall pay to Carmel for the treatment of wastewater, liquid wastes and sewage from the District an amount as determined on Exhibit "A" hereof, "Calculation of -9- Wholesale Rate for Operation and Maintaining Costs and for Replacement Cost on Equipment" to be completed and computed prior to connection. This rate shall be reviewed at the election of either party hereto upon written notice and request to the other, not more than annually nor less than every two years and shall be adjusted according to conditions and circumstances existing at the time of any such adjustment. At the time such adjustment or review, the City of Carmel shall provide to the District a verified statement detailing the calculation of the rate based on the previous calendar years operation and maintenance expense recorded by the City of Carmel. That the rate so determined shall be accepted by the District and shall be paid by said District to the City of Carmel until modified again, as herein provided; provided, however, at each said time the District shall have the opportunity to examine the books and records of the City of Carmel pertaining to the costs which determine said figure. That, if the District at such time and after such inspection does not agree with the figures of the City of Carmel, it may submit any difference to a court of competent jurisdiction or arbitration as set out in paragraph 17 of this agreement. -10- The monthly charge for operation, maintenance and replacement shall be determined by multiplying the of gallons of sewage accepted from the District as by said meter times the rate calculated. number shown The City of Carmel shall, once each month, following the submission of the reports and data as heretofore provided in this agreement, invoice the District for such operatign, maintenance and replacement cost charges and such amount shall be due from the District to Carmel on the 30th day following the receipt of such invoice by the District. In the event that the District should fail to make payment to Carmel of the amount of such invoice within the time so limited, the District shall be liable ,for and shall pay to Carmel, as a penalty for delinquency in such payment, the samepercentage of such invoice, that the sewage rate ordinance and schedule of Carmel imposes upon all other users of Carmel's sewage disposal facilities for similar delinquencies in payment. (b) Capital-Costs. The District agrees a portion of the past local cost incurred construction of its wastewater treeatment to pay Carmel for by Carmel in the facility. Calculation of the amount to be paid by Carmel shall be made in accordance with contained in Exhibits "B" and "C" which the District to the provisions exhibits are attached hereto, made a part hereof, and entitled respectively, "Computation of Capital Costs--Carmel Present Project" and "Calculation of Capital Costs--Carmel Original Plant". The term "Carmel Present Project" shall include expansion of the Carmel South Waste Water Treatment Plant from 3.0 M.G.D. to the capacity determined by the final Facility Plan. The District shall pay said capital costs in lump sum at the time of connection, provided that it can obtain reasonable financing, by the sale of revenue bonds, to provide the funds for such payment. The term "reasonable financing" shall mean the sale of revenue bonds at an interest rate not in excess of five-tenths percent (0.5%) over the maximum Fm. H.A. rate in effect at the time. In the event the District is unable to obtain such reasonable financing, it may connect to the Carmel sewer system and pay its share of the capital costs in advance in monthly amounts payable on the due date of each monthly billing rendered by Carmel to the District for treatment serv£ces. The monthly capital cost payment shall also include interest at the net effective rate of the outstanding bonds which Carmel issues for the local costs of its expanded treatment plant and pumping station. -12- Unless the District elects a shorter period of payment, the monthly payments shall continue until such bonds are finally paid. If the District's sewage works facilities will not be completed in time for it to have rates in effect that will enable it to commence the above monthly payments to Carmel, then Carmel may increase its bond issue by an amount reasonably estimated to be sufficient to pay the interest on the District's portion of the expansion project until such time as the District finishes the construction of its own facilities and begins generating revenue from its rates. Such additional amount will be added to the District's share of the capital costs of the expanded plant, the intent being to prevent other users of the Carmel plant from having to pay higher rates to service the District's portion of the bond issue. -13- (c) It is agreed that at the commencement of this Agreement, 2.05 M.G.D. of the 10.63 M.G.D. capacity of Carmel's sewage treatment facility is reserved to the Clay Township Regional Waste District (District). To utilize this 19.29 percent of such capacity the District is entitled to transport 748.25 million gallons of wastewater, liquid wastes and sewage to Carmel each year at a peak rate of flow not to exceed the following rates: 4.10 M.G.D. 3.08 M.G.D. 2.56 M.G.D. 2.36 M.G.D. in any 3-hour in any day in any week in any month period In the event the District shall transport wastewater, liquid wastes and sewage to the Carmel plant in excess of these flows and thereby use in excess of their 2.05 M.G.D. of capacity before such plant is increased in capacity, and in the event the Carmel plant has capacity sufficient to accept such increaed amount of sewage, then the District agrees to pay to Carmel a surcharge appropriate to the additional plant capacity used by the District on account of this increased amount of sewage. This surcharge shall not be imposed on the two wettest months provided that the flow delivered by the District does not exceed 120 percent of the allowable flow as set forth in -14- the above table. Similarly, this surcharge shall not be imposed on the weekly, daily, or hourly limitations unless such flows exceed the allowable flows more than twice each calendar month. All daily, weekly, and monthly flows shall be on a common time period based on the regular meter reading schedule as performed by the Carmel wastewater treatment plant personnel. Alternatively, any party to the regionalization agreement may negotiate the purchase of additional plant capacity, temporarily or permanently, from any other party possessing available plant capacity pursuant to this Agreement. Any such sale or purchase may be consumated after Carmel is given ninety (90) days written notice of such~sale or purchase; provided, however, in the event the District desires to sell capacity under the terms of this agreement, then such sale must have the prior approval of Carmel. Additional plant capacity surcharge shall be as shown on Exhibit D plus prior years capital cost from the inception of this Agreement for said increased capacity if used continuously for more than six months. In the event the District requires additional capacity and cannot acquire such capacity from another party, the District shall at its own expense fund the expansion of the Carmel treatment facility as designed and constructed by Carmel, for modular expansion of the treatment facilities. Prior to the commencement of a year in which it would appear that the District might transport to Carmel for treatment wastewater, liquid wastes and sewage in excess of 2.05 M.G.D., and in any event prior to the District transporting a maximum annual flow in excess of 748.25~ million gallons per year, the District and Carmel shall reach agreement as to the amount of such surcharge and the terms and conditions of its payment. Both parties understand and agree that the payments called for by paragraphs 12a and 12b of this Agreement are intended to compensate and reimburse Carmel for services rendered in the treatment and disposal of wastewater, liquid wastes and sewage from the District. Except for a reservation of capacity of the sewage disposal plant for the benefit of the District as heretofore set forth herein, such payments shall in no wise entitle the District to any possessory nor proprietary rights in the sewage treatment and disposal facility of Carmel. Carmel reserves the right to operate and maintain such ~facility and shall have sole discretion as to the methods of operation and the necessity for and nature and extent of improvements thereto. -16- (d) This Agreement contemplates further expansion of the existing Carmel South Wastewater Treatment Plant to provide treatment for the District, Carmel and such other parties contracting with Carmel for capacity. For purposes of this Agreement, the total capacity of the expanded Carmel Plant shall be 10.63 M.G.D. or such other capacity as may be determined by the final regional facilities plan as approved by the Environmental The capacity shall be allocated as Protection Agency. follows: M~G~D~ Percentage Allocation 8.58 80.71 2.05 19.29 to the following terms and conditions, Carmel and other wholesale users Clay Subject, however, to-wit: (1) It is specifically understood and agreed that the capacity allocated to Carmel herein includes that capacity which has heretofore been allocated to the entity known as Hamilton Western Utilities, Inc. and the Town of Westfield, under a former regional agreement. (2) In the event total capacity of the Carmel Plant, as determined by the regional facilities plan, differs from 10.63 M.G.D., and in the further event that grant awards are obtained by Carmel for the construction of the -17- In limited to 8.5 M.G.D. for purposes of mutual cost as herein provided, and the capacity allocated to the parties shall be as follows: the case of Carmel, the case of Westfield, expansion at present funding levels (i.e., seventy-five percent (75%) federal, ten percent (10%) state), then the percentage allocations as set out above shall be adjusted to reflect the percentage of capacity for each party as determined by the regional facilities plan. (3) In the event that construction grant awards at present funding levels are not obtained by Carmel for purposes of expanding the regional plant in accordance with the final regional facilities plan, the parties hereto agree that the expansion of the plant shall be sharing In the case of Clay, on Carmel's each of not less than 5.95 M.G.D. not less than 1.3 M.G.D. (which includes capacity allocated to Hamilton Western Utilities, Inc., under the regional agreement.) not less than 1.25 MoG.D., and the parties percentage allocation shall be redetermined based on a plant capacity of 8.5 M.G.D. (4) The District hereby affirms and approves Carmel's interim expansion of the plant to 6 M.G.D. capacity and acknowledges that such interim expansion is based solely short term wastewater treatment needs as -18- reflected in its "segmented" facilities plan heretofore approved by reviewing authorities under the construction grant rules for construction of treatment works. Until such time as the final expansion of Plant can be completed, utilize its percentage the Carmel South Wastewater Treatment the District shall be entitled to allocation of capacity on an interim basis, provided, however, that it must have its construction financing substantially completed prior to October 1, 1985, and have entered into construction contracts 1985. (5) The District agrees that if it connects (north-south interceptor) treatment facilities and prior to October 1, to the Carmel utilizes its capacity on an interim basis, as hereinabove set forth, then it shall be obligated to participate with Carmel in the final expansion of the plant on the basis of the percentage of capacity as allocated to it herein. 13. In the event wastewater, liquid wastes and sewage is received by Carmel from the District in excess of domestic loadings, BOD and suspended solids now established, then the District shall pay to Carmel the rate per pound therefor as established in the Carmel rate ordinance. In the event of future changes in the cost of treatment of suspended solids and BOD based upon the studies in conformity with EPA requirements, then the District shall be subject to any such increased or decreased charges for such excessive pollutants. In the event -19- that future charges are made for other pollutants received by Carmel and such charges are uniformly applied throughout the region served by Carmel, then the District shall be subject to such charges. 14. The District acknowledges that Carmel has obtained certain Federal grants and that the provisions of PL 92-500 apply to the users within the jurisdiction of the District. The District agrees to cooperate with Carmel to the fullest extent so that the provisions of PL-500 as amended will be adhered to and complied with. 15. The District agrees to comply with all applicable provisions of the Federal Water Pollution Control Act, as amended by PL 95-217 and PL 97-117 and regulations promulgated thereunder, including 40 CFR Parts 35 and 403, and Indiana statutes relating to pollution abatement. Further, the District will implement any requirements of the U.S. Environmental Protection Agency with respect to conditions and limitations of grants sought by Carmel that are applicable to the District and being.within the jurisdiction of Carmel. 16. The parties agree that in the event any provision of this agreement is declared unacceptable or unenforceable by any agency exercising its appropriate authority, the remainder of the agreement shall remain in full force and effect and the failing provision(s) shall be amended by good faith negotiations between the parties to cure any such defect. -20- 17. Resolution-of. Disagreements A. The parties recognize that this Agreement puts into operation a user charge system and pollutant volume and loading restrictions, the application and results of which can be determined only by experience. The parties hereby agree that if either party believes the effect of this Agreement in any way is inequitable or unfair'to its citizens, such party may by ~hirty (30) days written notice, request re3negotiation of any part of this Agreement and the other party will in good faith participate in such negotiations. If the parties are unable to solve their problems by negotiations, each party shall within thirty (30) days after said negotiations fail, name an independent engineer, accountant, or other person not connected with either party, who has knowledge in the disputed areas. The' two named arbitrators shall name a third person to serve and the three arbitrators shall determine the unresolved issues between the parties. The judgment or findings of a majority of the arbitrators shall be binding upon the parties and a final determination of all unresolved isssues. -21- During the District shall continue to meet obligations to Carmel in accordance of this Agreement, and Carmel shall and treat the District's sewage. this period of re-negotiation and/or arbitration, its financial with the provisions continue to accept The expense of such arbitration shall be borne jointly · and equally by the disputing parties. It is the intent of the parties hereto that any arbitrator selected pursuant hereto shall have experience and expertise in the particular area of disagreement. B. Notwithstanding Raragraph 17A, all, disputes regarding charges computed under paragraph 12 shall be resolved ultimately by (i) a Court of competent jurisdiction or, (ii) if the parties mutually agree, by arbitration pursuant to Paragraph 17A hereof. C. Carmel shall aduance written costs described give the District ninety (90) days notice of any proposed increase in the in Paragraph 12(a) hereof to afford the District an opportunity to review and either accept or dispute such proposed increase. It is expressly under- stood and agreed that Carmel shall have the right to pro- ceed with such rate increase even if disputed by the District -22- and that the District shall be payment obligations to Carmel, arising out of the disputed rate increase, dispute is resolved in accordance with the Paragraph. In the event that such dispute required to continue its including the charges until such ~ terms of this is ultimately resolved in the District's favor, then the disputed payments previously made to Carmel shall be refunded within fifteen (15) days to the District by Carmel, together with interest at a rate equal to the maximum Fm. H.A. rate in effect at the time of resolution of such dispute. 18. by thereafter or until all bonds issued by the parties the construction of their sewers and sewage disposal paid in full, whichever period is longer. 19. This agreement shall continue in full force and This agreement Shall~become~effective on the date' executed the parties and shall continue for a period of 20 years to finance system are effect for an year term subject to the same either of the parties thereto of intention to terminate the indeterminate number of 10 year terms after the initial 20 ~erms and conditions, unless shall notify the other in writing same at least 12 months prior to the expiration of the original term or any additional 10 year terms. The parties may then desire to reneg0tiate the terms hereof by reason of governmental changes or requirements, -23- changes in physical conditions, rates, costs or expenses of any kind applicable within the 12 month period prior to the expiration of the original term or additional term. Any such renegotiation shall reflect, in good faith, changes in terms and conditions based on the reasons hereinabove set forth. 20. In the event the Carmel Wastewater Treatment facility, as finally expanded, or the Carmel North-South Interceptor receive reratings to a different capacity, the District's allocated capacity in either facility shall be proportionatelyreduced or increased without capital cost changes as of the date of rerating by Carmel. 21. The parties agree that the planning and service areas for each party is reflected upon the map attached-hereto~ as ~Exhibit "E" and may be changed by agreement of the parties. Unless a planning and service area is changed by agreement of the parties, neither party shall infringe on the other party's planning and service area. 22. This agreement is expressly made binding upon the successors and assigns of the parties hereto. 23. The similar agreement between these same parties on the 7th day February, 1978, and all agreements or parts of agreements in conflict with any of the provisions of this agreement are hereby expressly superseded and repealed.. -24- 0 I I A CARMEL-CLAY TOWNSHIP R.W.D. TREATMENT AGREFJ4ENT Exhibit "C" CALCULATION OF SOUTH TREATMENT PLANT VALUE BASED ON PAID-IN CAPITAL Exhibit "C. 2" Treatment plant replacement cost (Exhibit C.1) $1,680,175 Less: Depreciation (Exhibit C.1) 634,265. Dnpreeiated value (at 1-1-85) 1,045,910 Plus land at cost 89,490 Estimated value 1,135,400 Less: Remaining portion of 1974 bonds . .outstanding at 1-2-85 allocated to South Plant ($780,000 x 65%)(1) Estimated net equity 507,000 (1) Assumes connection by Clay District to Carmel on 1-2-85, any other connection date will require a revision. Exhibit "C. 3" CARMEL-CLAY TOWNSHIP R.W.D. TREATMENT AGREEMENT Exhibit "C" CALCULATION OF CLAY TOWNSHIP REGIONA3~ WASTE DISTRICT CAPACITY BUY-IN Estimated net equity (Exhibit C.2) C.T.R.W.D. buy-in share $628,400 2.05 mgd = .1929 10.63 mgd Amount to be received - lump sum - or Assume 13 year pay-off at 6 1/4% interest Annual payment x 19.29%~ 121,218 x.114616 2~hib~t CA~-~ Tr eatu~ent " ~ ~da~tiOn~.iant capaC~t~ Surcharge -natio~ off t,'[~e ~o~OW~"~' hYb~tS B ~nd C The deherm~- ~ted bY ~" ' - cost as determ¢~design lite~,~o de,ermine ,ro~ ~e divideu ~,~n plant ~eS~ annUa~ rat~ o~ surcharge' 1) Daily surcharge rates sha~l be %he annual surcharge divided by 365 days per year. Weekly' surcharge rate shall be the annual surcharge divided by 52 weeks per year. 3) Monthly surcharge rate shall~ be the annual:~ surcharge divided by 12 months per year. 4) Three hour 'surcharge rate shall be the_daiiy~ surcharge rate divided by 8 periods per day. NOTE: NOTE: There shall be only one surcharge per violation as dgfined in paragraph 12.c. of thfs Agreement. Until final expansion of present project, plant design flow shall be 6.0 M.G.D. and th~ District's peak rate of flow limits shall be adjusted to sixty-one percent (61%) of those shown in paragraph 12(c) o Nothing is this Agreement shall be construed as imposing additional obligations on or affecting the rights of Hamilton Western Utilities, Inc. and the Town of Fishers, who, along with the parties hereto, are operating under the terms and provisions of the February 7, amended. IN WITNESS WHEREOF, this Agreement effective 1978 REGIONAL AGREEMENT, as the parties have hereunto executed this ~./~-~day~ of June, 1983. CiTY OF CARMEL CLAY TOWNSHIP REGIONAL WASTE DISTRICT Clerk~Tree, rear Secretary DATE: June 10, 1983 DATE: June 14, 1983 ITS BOARD OF TRUSTEES -25- (EXHIBITS A THROUGH E ARE ATTACHED) CLAY TOK'%~SH-IP R.%'7.D TREAT~E~T AGREE~ENT EXHIBIT "A" CALCULATION OF WHOLESALE RATE FOR 'OPE}IATION AND ~IAINTENANCE COSTS AND FOR REPLACEMEN? COST ON EQUIP~ENT Line Item Number 3 4 5 6 7 Ann~ Total Costs al operation & maintenance (Per 1982 & M) expense: O.S.) Tre~ tment plant expense $425,852 Sludge handling disposal exp. Col~ection~ system expense - interceptor Sewers~ -0- - collection · 84,570 -Ilift stations 55,808 Bil~ing and collection expense 62,410 Industrial monltor~n~ expense -0- Allocation Percentage 100% 100% *% 0% *% 0% 0% Shared Costs ~ .25,852 -0- 8 9 9 .Sub-total Genera-1 and administrative expense Total O & M expense 628,640 i34,578 763,218 · 68~% 425,852 91,513 5!7,365 10 Plus 12 13 14 15 AD. nual replacement costs on equipment for items of plant benefiting wholesale customers ~otal annual 0 & M expense and replacement cost'on .11 ~quipment Less: Carmel surcb, arge revenue ' fo~ excess BOD and SS Net of surcharge revenue Divi~ed by total annual flow received at Carmel t~eatment plants Rate per million gallons ~f flow to Wholesale 150,000~* 100% 150,000est. 667,365 667,365 1982 plant flow + 1,105mgy ~customers (i~cluding aomest~c load.%ngs) $ 603.95 '.'~Allocation percentages to be determined hy an engineerin9 analysis. '"*Allocation percentage = line item #8, shared cost ~ line item ~8, tot~ 1 c6st. *~**A!n~_)~_t.lt~? be determined by' the consulting engineers. · .COMPUTATION OF CAPITAL COSTS--CAP.~IEL PRESENT PROJECT Bond Year Ending January ~OTE: 1983 1984 1985 1986 1987 1988 1989 1990 Exhibit "B. 1" CARMEL-CLAY TOWNSHIP R.W.D. TREATMENT AGREEMENT Exhibit "B" SCHEDULE OF AMORTIZATION OF $840,000 PRINCIPAL AMOUNT OF SEWAGE WORKS REVENUE BONDS OF 1982 Principal Payable Annually, January 1st Interest Payable Semi-Annually, January 1st and July 1st Dating of Bonds September 1, 1982 Interest Rate 11 1/2% Principal Balance Principal (In Thousands) Total Debt Service Interest Total $840 $ $ 32,200 $ 32,200 840 85 96,600 181,600 755 95 86,825 181,825 660 105 75,900 180,900 ' 555 '115 63,825 178,825 440 .135 50,600 185,600 305 ~45 35,075 180,075 160 160 18,400 178,400 Clay DiStrict @ 19.29% Total $ 6,211 35,031 35,074~ 34,896 34,495 35,802 34,736 · 34,413 Cia District's share of debt service shall be payable over a period of 8 years @ 11 1/2% from date of Clay District's connection, if lump sum ~ayment is mot available p~r paragraph 12.b~of this Agreement.' It i Understood and agreed that the Districts' share of the expansion of the Carmel South W~stewater Treatment plant (per 12.d of this Agreement) shall be 19.29% of the local capital cost or such adjusted percentage based om final approval of Regional Facilities Plan, said cost to be set out in Exhibit B.2 to be completed when possible.