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HomeMy WebLinkAboutCity of Carmel/CRWD 1~-f t_~~. SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE, made and entered into this ,5: day of U~~6, 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 a Municipal Wastewater Service Agreement on the 10th day of June, 1983, which was subsequently amended by a First Amendment, a Second Amendment, and a Third Amendment thereto (hereinafter collectively referred to as "WASTEWATER AGREEMENT"), under which Wastewater 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 plant; WHEREAS, said Wastewater Agreement included rates and charges subject to change from time to time; WHEREAS, a dispute has arisen between Cafl11el and the District regarding the propriety and calculation of particular rates and charges that were effective on or about November 15, 2005 (hereinafter referred to as "RATE INCREASE"), and specifically PILOT rates related thereto; and WHEREAS, Carmel and the District desire to amicably settle all terms of the dispute related to the Rate Increase. 1 .' ~ NOW, THEREFORE, it is hereby agreed, by and between Carmel and the District, that the dispute regarding the Rate Increase and the PILOT rates contained in the Rate Increase pursuant to the Wastewater Agreement is hereby settled as follows: 1. The parties agree that Carmel shall withdraw the PILOT rates from the Rate Increase, including amounts presently accrued and amounts to accrue in the future, related to the Wastewater Agreement and Rate Increase, effective as of the September 2006 charges under the Wastewater Agreement. " 2. The parties agree that Carmel shall credit the District in the amount of $29,902.11, toward future due and payable charges, in full settlement for all PILOT rates already collected by Carmel from the District pursuant to "the Rate Increase for services rendered prior to September 2006. The parties further agree that such credit will be made within thirty (30) days of the execution of this agreement and will be in full satisfaction of all disputes arising between the parties under the Wastewater Agreement and Rate Increase regarding PILOT rates. 3. The parties agree and stipulate that the attached "Exhibit A," the Calculation of Wholesale Rate for Operation and Maintenance Costs and Replacement Cost on Equipment, are proper and are accepted by the parties, that it shall supersede all previous" calculations, and that it shall be incorporated into this Settlement Agreement and shall become effective for the September 2006 charges and immediately as of the execution of this Settlement Agreement. 4. The parties agree that by entering into this agreement, no party admits any liability to any other party and each party expressly denies liability to all other parties. 2 5. The. parties agree that this agreement is the final, complete, and integrated agreement between the parties relating to the Rate Increase, PILOT rates and/or charges pursuant to the Agreement, and any other agreement, oral or in writing, made either before, after, or contemporaneous with this agreement does not operate to negate, modify, or affect in any way any term or terms of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective this _ day of October 2006. THE CLAY TOWNSHIP REGIONAL r:i;;tJ Presiii t CITY OF CARMEL by its BOARD OF PUBLIC WORKS & SAFETY Clerk-Treasurer ATTEST {b/J ~h? Secretary . ATTEST: Date Date 3 CITY OF CARMEL, fNDIANA BY ITS BOARD OF PUBLIC WORKS AND AFETY Date: Burke, Member )/-/-01 " L>riW"'~ Date: \\ ~( 0 t? ATTEST: M. Johnson, Clerk for Diana 1. Cordray, C Clerk-Treasurer STATE OF fNDlANA COUNTY OF -t\...m. ltui\ ) ) ) ss: Before me, a Notary Public in and for said County and State, personally appeared James Brainard. Mary Ann Burke. and Lori Watson, by ~me known to be the Members of the City of ~. m.JohnficM . ~~P<<-I<I fiIY Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk~Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 1 g- day of ~tl-"e.~ , 2006. My Commission Expires: NOTARY PUBLIC e. ~(1 O..,v,'S Printed Name " My County of Residence: li/l/Oft,J I ' HamJkn Date: .- CARMEL MUNICIPAL SEWAGE WORKS Carmel, Indiana EXHIBIT A Calculation of Wholesale Rate for Operation and Maintenance Costs and Replacement Cost on Equipment 351,492 (4) 100.00 351,492 $ 4,267,629 $ 2,789,552 3,580 $ 779.20 $ 664.45 17.27% Clay Township Regional Waste District 2004 Total Costs Annual Operation and Maintenance Costs (1) Treatment Plant Expense Sludge Handling Disposal Expense Collection System Expense Interceptor Sewers Collection Lift Station - 106 Street Billing and Collecting Expense Subtotal General and Administrative Expense Less: PILOT Subtotal Total Annual Operation and Maintenance Costs $ 2,010,889 59,770 180,176 (2) 720,703 (2) 53,696 300,795 3,326,029 810,158 (220,050) 590,108 3,916,137 , Annual Replacement Costs of Equipment for Items Benefiting Wholesale Customers Total Annual Operation and Maintenance Costs and Replacement Costs on Equipment Divide by: Total Annual Flow Received at Carmel Treatment Plants (in million gallons) Rate per Million Gallons on Flow to Clay Township Regional Waste District Current Rate per Million Gallons Rate Increase Allocation Percentage Shared Costs 100.00 % $ 2,010,889 100.00 59,770 2,070,659 62.26 (3) 367,401 2,438,060 (1) Includes allocation of Taxes Other Than Income Taxes (2) Total costs based on estimation that 20% of sewer collection relates to North/South Interceptor and remaining 80% to the City of Carmel sewer lines. (3) Allocation percentage is calculated by dividing Shared Costs by Total Costs. (4) Costs provided by Brian Houghton of Jones & Henry Engineers, Ltd.