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Home My WebLink AboutCTRWD Agreement Amendment No 2OMMONWEALTH ENGINEERS, INC. ENVIRONMENTAL ENGINEERS & CONSULTANTS January 20, 1988 Honorable Susan N. Jones, Clerk - Treasurer City of Carmel City Hall 40 East Main Street Carmel, Indiana 46032 RE: City of Carmel CTRWD Agreement Amendment No. 2 Dear Susan: Enclosed is the only original copy of the Amendment No. 2 to the agreement with the Clay Township Regional Waste District. This was signed by the Board of Public Works and Safety on November 18, 1987, ratified by the Common Council in special meeting on November 30, 1987, signed by the CTRWD Board of Trustees on January 11, 1988, and ratified by the CTRWD Board on December 14, 1987. Also ,enclosed are copies of the respective ordinances ratifying the agreements. By carbon copy of this letter I am transmitting copies of these documents to the Utilities Manager, City Engineer, Department of Community Development, City Attorney and H. J. Umbaugh & Associates for their respective use. Mr. Robert Campbell has indicated that he will make necessary submittal to the Indiana Department of Community Development. If there is anything else I can do to be of assistance please feel free to call. Very truly yours, COMM O W ALTH ENGI E'S, INC. Do a° R. Silvey, DRS /djw Enclosures: Amendment No. 2 City Ordinance D -539 CTRWD Ordinance 12 -14 -87 CC: 710 Executive Park Drive P.O. Box 406 Greenwood, Indiana 46142 (317) 888 -1177 Honorable Dorothy J. Hancock, Mayor Mr. Stephen K. Andrews, Esq., City Attorney Mr. Thomas Welch, City Engineer Mr. James Dougherty, Utilities Manager Mr. Wes Bucher, Department of Community Development Mr. Roger Umbaugh, H. J. Umbaugh & Associates 8770 Guion Road Suite P Indianapolis, Indiana 46268 (317) 872 -1177 SECOND AMENDMENT TO THE MUNICIPAL WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF CARMEL AND THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT This Second Amendment to the Municipal Wastewater Service Agreement between the City of Carmel and the Clay Township Regional Waste District made and entered into this /d day of November, 1987, 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 an Agreement on the tenth (10th) day of June, 1983, under which said 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 plants; and WHEREAS, said Agreement was submitted to the Indiana Stream Pollution Control Board (ISPCB) for preliminary comments and approval from the ISPCB; and WHEREAS, changes in circumstances for both parties now require revisions to said Agreement; NOW, THEREFORE, it is hereby agreed by and between the DISTRICT and CARMEL that the parties' June 10, 1983, Agreement is amended as follows: 1. In accordance with Section 12(a), this Amendment shall establish the date that wastewater was accepted for treatment by CARMEL as October 19, 1987, and that execution of this Amendment Second Amendment - Page 1 shall satisfy requirements that both parties mutually agree on said date, and that payment for operation and maintenance costs and replacement costs on equipment shall commence as of October 19, 1987. 2. In accordance with Section 12(a), the attached Exhibit "A ", CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE COSTS AND FOR REPLACEMENT COST ON EQUIPMENT, dated November 10, 1987 are accepted by both parties and shall supercede that attached to the June 10, 1983 Agreement. Said rates shall be effective as of the above date and shall be in effect until replaced in accordance with Section 12(a) of the June 10, 1983 Agreement. 3. Sections 12(c) and 12(d) of the June 10, 1983 Agreement are amended to establish the capacity of CARMEL's sewage treatment facility reserved to the Clay Township Regional Waste District as 2.08 million gallons per day (MGD) of the 8.88 MGD capacity. To utilize this 23.42 percent of such capacity, the District is entitled to transport 759.20 million gallons of wastewater, liquid wastes and sewage to CARMEL each year at a peak rate of flow not to exceed the following rates: 4.16 MGD in Any Three (3) Hour Period 3.12 MGD in Any Day 2.59 MGD in Any Week 2.36 MGD in Any Month Said increase from 1.98 MGD capacity reserved to Clay Township Regional Waste District to 2.08 MGD and subsequent revision to limitations of peak flow shall be subject to the conditions and be in accordance with the August 19, 1987 motion duly adopted by the Board of Public Works and Safety and the resolution of the Clay Township Regional Waste District Board of Trustees, dated September 14, 1987, accepting said capacity. Second Amendment - Page 2 Carmel acknowledges that it has received all sums due from the District for capital costs defined in Section 12(B) of the June 10, 1983 Agreement, excluding final adjustments which may be necessary after Carmel completes the expansion to 8.88 MGD, and agrees that there will be no further capital payments due on account of or arising under the increase in capacity referenced herein. 4. Section 21 and Exhibit "E" to the June 10, 1983 Agreement are hereby amended to replace Exhibit "E" dated June 1983, with Exhibit "E" dated November 1987. 5. All other provisions contained in the Municipal Wastewater Service Agreement between CARMEL and the DISTRICT dated June 10, 1983, are hereby reaffirmed and shall continue in full force and effect. The parties further agree to adopt such ordinances or resolutions as are required under Indiana Code Section 36- 9 -23 -16 and /or Indiana Code 13- 3 -2 -15, so as to fully adopt and authorize the amendments to said June 10, 1983 Agreement, as well as this Amendment thereto. Second Amendment - Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this ill, day of , 19g7. CITY OF CARMEL THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT ITS BOARD OF PUBLIC WORKS ATTEST: Clerk -Trea Date er /,7 ITS BOARD OF TRUSTEES ATTEST: 27l t'tZCZ /' Sec / ary / (�. / / qrl Dat ' CC Second Amendment - Page 4 CARMEL - CLAY TOWNSHIP R.W.D. TREATMENT AGREEMENT EXHIBIT "A" CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE COSTS AND FOR REPLACEMENT COST ON EOUIPMENT Line item Allocation Number Total Costs Percentage Shared Costs Annual operation & maintenance (0 & M) expense: (Per 1986 statements) 1 Treatment plant expense $ 495,360 100X $495,360 LA North Plant 12,006 OX -0- 2 Sludge handling disposal expense -0- 100X -0- Collection system expense: 3 interceptor sewers 32,058 *2 -0- 4 collection 89,834 02 -0- 5 lift stations 81,402 *2 -0- 6 Billing and collection expense 77,402 0% -0- 7 Industrial monitoring expense -0- OX -0- 8 Subtotal 787,897 495,360 9 Cenral and administrative expense 235,496 62.92 ** 148,127 Total 0 & M expense 1,023,393 643,487 Plus: Annual replacement costs on equipment for items of plant benefiting 10 wholesale customers 150,000 * ** 100X 150.000 est Total annual 0 S M expense and replacement 11 cost on equipment .$1,173,M 793,487 Less: Carmel surcharge revenue for excess 12 B0D and S.S. 13 Net of surcharge revenue 793,487 Divided by total annual flow received at 1986 14 Carmel treatment plants plant flow - 1.605.7 mgy Rate per million gallors of flow to wholesale customers (including 15 domestic loadings) S 194.:7 * Allocation percentages to be determined by an engineering analysis. ** Allocation percentage = line item #8, shared cost ° line item #8, total cost. * ** Amount to be determined by the consulting engineer. November 10, 1987 PARTNERS CURTIS MILLER VICTOR E. VERNICK BRUCE M. JACOBSON THOMAS L. CALVERT STEVEN K. GAYLORD KATZ, SAPPER &MILLER CERTIFIED PUBLIC ACCOUNTANTS PATRICK J. BURNS STEPHEN R. WAGMAN HARRY RICHARDSON, JR. W. KENT MANUEL .JEFFREY D. TAYLOR Mr. Robert Campbell Campbell Kyle & Proffitt 650 E. Carmel Drive Suite 400 Carmel, IN 46032 Dear Mr. Campbell: SCOTT A. READ DAVID A. RESNICK TIMOTHY W. ALMACK ROSANNE E. AMMIRATI PRINCIPALS STEVEN M. REITMEYER WILLIAM E. LEACH Writer's Direct Di ber: i 0 September 13, 19 RETIRED IRWIN KATZ THEODORE SAPPER 580 -2005 From my notes from the August 19th meeting among representatives of the City of Carmel and Clay Township Regional Waste District, the following four matters required follow -up: e Sewer plant personnel position descriptions e Specific replacement cost items of question • Payment in lieu of taxes e Support for common costs The enclosed listing was prepared by Carmel Utilities personnel and describes position and salary allocation for each 1993 plant employee. It was the City engineer's understanding that he was to hear from the District's engineer regarding specific replacement cost items on which you had questions. Based on your voice mail message of today, there appeared to be a misunderstanding and I have requested that Brian Houghton contact your engineer as soon as possible. The City management has met with its advisors regarding the payment in lieu of taxes charged and the concerns you have expressed and would like to discuss this point further with you once all of your other questions have been answered to your satisfaction. The following information relates to the common cost charge. 11711 NORTH MERIDIAN STREET, SUITE 800 P.O. BOX 40857 INDIANAPOLIS, IN 46240 -0857 TELEPHONE: (317) 580 -2000 TELECOPIER:(317)580 -2117 1 Mr. Robert Campbell September 13, 1994 Page 2 • Common costs are allocated to the Carmel Sewage Utility due to the following duties performed by City of Carmel employees: Office of the Clerk - Treasurer - Recording of: - cash disbursements, payroll and cash receipts - cash and investment management Board of Public Works - Responsible for policies and procedures of various city government departments, including the Water and Sewer Utilities. Common Council - Legislative body providing oversite of city government, including legislative action on ordinances. Office of the Mayor - Administration of city government; elected official ultimately responsible for city operations. • The 1993 allocation consisted of the following: Department Clerk - Treasurer Board of Public Works Common Council Mayor Total Total 1993 Allocation Total 1993 to Department Sewage Budget Utility $ 328,605 $109,535 $ 941,031 43,267 $ 403,085 14,066 $ 199,729 59,904 $226,772 33.3% 4.6% 3.5% 30.00 The 1993 allocation for the Mayor's office represents the estimated time spent by the Mayor while the Clerk - Treasurer's one -third allocation is reflective of a long- standing decision by the Common Council. KATZ, SAPPER & MILLER CERTIFIED PUBLIC ACCOUNTANTS • P.O. BOX 40857 INDIANAPOLIS, INDIANA 46240 -0857 Mr. Robert Campbell September 13, 1994 Page 3 • As stated in our meeting, the above amounts for common costs have been adjusted downward for purposes of determining costs shared with Clay Township Regional Waste District. The adjustment back to $139,872 reflects the amount approved by order of the Indiana Utility Regulatory Commission in cause number 39536 approved April 21, 1993 for use in the City of Carmel's Water Utility rates. Based on long- standing practices of the City of Carmel, the City intends to allocate common costs to the Water Utility and Sewage Utility in equal amounts. • In prior years common cost allocations have been included in the following Sewage Utility financial statement administrative and general expense line items: Salary of General Office Education General Office Supplies and Expense Special Services Miscellaneous General Expense Based on general cost increases (as measured by changes in consumer price index) and volume increases (as measured by gallons of flow) a predictable increase in these costs from 1986 through 1993 would be 15.30 annually. Based on the Sewage Utility's prior financial statements, these costs have increased less than 110 annually. Please call me or the Mayor's office with any additional questions on the above items. Very truly yours, Keith Gam.rel KG:alm cc: Mayor Ted E. Johnson Gordon Byers Jim Dougherty Brian Houghton KATZ, SAPPER & MILLER • CERTIFIED PUBLIC ACCOUNTANTS • P.O. BOX 40857 • INDIANAPOLIS, INDIANA 46240 -0857 8/24/94 1993 SEWER PLANT PERSONNEL EMPLOYEE NAME POSITION % CHARGED TO PLANT Altherr, J Sewer Unit Process Operator 100% Bowen, J Plant Foreman 100% Carter, C Plant Foreman 100% Celmer, F Sewer Unit Process Operator Supervisor 100% Chafin, B General Labor & Maintenance 100% Cooper, J General Labor & Maintenance 100% Dolen, L Assistant to Utility Manager 50% Dougherty, J Utility Manager 40% Dye, D Sewer Unit Process Operator 100% Faucett, J General Labor & Maintenance 100% Hodgin, R Sewer Mechanic 100% Houshour, C Clerk - Typist 100% Hoyt, R Electronic Technician A 25% Jenkins, J General Labor & Maintenance Supervisor 100% Kesslar, D Sewer Unit Process Operator 100% Kirby, H Sewer Plant Manager 75% Lee, 0 Sewer Unit Process Operator 100% Lewis, T Laboratory Technician A 100% Lockhart, R Laboratory Technician B 67% Marlow, D General Labor & Maintenance 100% Osborn, J Sewer Unit Process Operator 100% Purciful, L General Labor & Maintenance 100% 93SEWER.XLS Page 1 8/24/94 1993 SEWER PLANT PERSONNEL EMPLOYEE NAME POSITION % CHARGED TO PLANT Randall, D General Labor & Maintenance 100% Schimmel, L Electric Technician B 100% Wolfe, W Assistant Plant Manager 100% 93SEWER.XLS Page 2