1st Amendment to Wholesale Rates 19941/4P
GORDON D. BYERS
ATTORNEY AT LAW
136 5. 9TH STREET
SUITE 318
NOBLESVILLE, INDIANA 46060
TELEPHONE (317) 773-3221
November 15, 1994
Mr. Jeff Henson
HAMILTON WESTERN UTILITIES, INC.
1350 Greyhound Court
Carmel, IN 46032
Dear Mr. Henson:
I would ask that you execute the enclosed contract which has
been signed by the Carmel Board of Public Works and Safety. Our
effective date will be November 1, 1994 and you will receive a
billing thirty (30) days thereafter.
Please, after execution, return a signed copy back to me
Sincerely,
GDB/kd
Enclosure
cc: Ted Johnson, Mayor
Keith Gambrel
Gordon D. Byers
fEgMGVIE
"NOV, 125 1994
FIRST AMENDMENT TO THE WHOLESALE RATE
CALCULATIONS CONTAINED IN THIS MUNICIPAL
WASTEWATER SERVICE AGREEMENT BETWEEN THE
CITY OF CARMEL AND HAMILTON WESTERN UTILITIES, INC.
This First Amendment to the Wastewater Service Agreement
between the City of Carmel, Indiana and Hamilton Western Utilities,
Inc., made and entered into this / day of October, 1994, 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 Hamilton Western
Utilities, Inc, an Indiana corporation (hereinafter referred to as
"Hamilton Western").
WITNESSETH THAT:
WHEREAS, Carmel and Hamilton Western entered into an Agreement
on the 23rd day of March, 1984, under which said Agreement Carmel
agreed to accept, from Hamilton Western, wastewater, liquid waste,
and sewage of Hamilton Western, and further agreed to treat and
dispose the same in a proper manner at its sewer treatment plant;
and
WHEREAS, said Agreement was submitted to the Indiana Stream
Pollution Control Board (ISPCB) for preliminary comments and
approval from the ISPCB; and
WHEREAS, said Agreement included rates and charges subject to
change from time to time;
NOW, THEREFORE, it is hereby agreed, by and between Hamilton
Western and Carmel, that the parties' March 23, 1984 Agreement is
amended as follows:
1. In accordance with Sections II. (3) and II. (4) of Sewer
Service Charge provision, wastewater was initially accepted for
treatment by Carmel in March, 1986, and that payment for operation
and maintenance costs and replacement costs on equipment commenced
as of March 23, 1984.
2. In accordance with Sections II. (3) and II. (4), the
attached Exhibit "A", CALCULATION OF WHOLESALE RATE FOR OPERATION
AND MAINTENANCE COSTS AND FOR REPLACEMENT COST ON EQUIPMENT, dated
July 19, 1994, are accepted by both parties and shall supersede
that dated March 23, 1984 Agreement and an Addendum dated February
3, 1986. Said rates shall be effective November 1, 1994, and shall
be in effect until replaced in accordance with Sections II. (3) and
II. (4) of the March 23, 1984 Agreement.
3. All other provisions contained in the Municipal Wastewater
Service Agreement between Carmel and Hamilton Western dated March
23, 1984, as amended, 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 36-9-23-16 and/or
Indiana Code 13-3-2-15, so as to fully adopt and authorize the
amendments to said March 23, 1984 Agreement, as well as this
Amendment thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective this day of , 1994.
CITY OF CARMEL
by its BOARD OF PUBLIC WORKS
& SAFE'Y
An I
Ade
ATTEST:
Susan W. Jones, C1gfrk-Tre surer
/0
Date
HAMILTON WESTERN UTILITIES, INC.
CITY OF CARMEL / HAMILTON WESTERN
MUNICIPAL WASTEWATER SERVICE AGREEMENT
EXHIBIT "A"
CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE
COSTS AND FOR REPLACEMENT COST ON EQUIPMENT
Line Item
Number
Calculation of rate per million gallons of
flow to wholesale customers
1993
Total Costs
Allocation
Percentage
Shared
Costs
Annual operation & maintenance costs:
1
Treatment plant expense
$1,020,205
100.00%
$1,020,205
1 a
North plant
12,529
0.00%
0
2
Sludge handling disposal expense
28,457
100.00%
28,457
Collection system expense:
3
Interceptor sewers (1)
51,614
100.00%
51,614
4
Collection (1)
206,456
0.00%
0
5
Lift station -106th street
36,008
100.00%
36,008
5a
Lift station—City of Carmel
64,064
0.00%
0
6
Billing and collection expense
107,237
0.00%
0
7
Industrial monitoring expense
0
0.00%
0
8
Subtotal
1,526,570
1,136,284
9
General and administration expense (2)
872,132
74.43%
649,161
9a
Reduction in common costs (2)
(86,900)
74.43%
(64,683)
Total operation & maintenance costs
2,311,802
1,720,762
Annual replacement costs on equipment for items
10
of plant benefiting wholesale customers (3)
379,792
91 .23%
346,489
Total annual operation & maint. costs
11
and replacement costs on equipment
$2,691,594
2,067,251
12
Carmel surcharge revenue for excess BOD & SS
0
13
Total net of surcharge revenue
$2,067,251
Total annual flow received at Carmel
14
treatment plants (in million gallons)
2,707.90
Rate per million gallons of flow to
15
wholesale customers
$763.41
Rate increase
17`.80%
(1) Total Costs based on Carmel Utilities estimate that 20% of sewer collection relates to
North/South interceptor and remaining 80% to City of Carmel sewer lines
(2) Allocation Percentage = Line #8 (Shared Costs) / Line #8 (Total Costs)
(3) Amount determined by the consulting engineer
THIRD AMENDMENT TO THE WHOLESALE RATE
CALCULATIONS CONTAINED IN THIS MUNICIPAL
WASTEWATER SERVICE AGREEMENT BETWEEN THE
CITY OF CARMEL AND THE CLAY TOWNSHIP REGIONAL
WASTE DISTRICT AFFECTING WHOLESALE RATES
(NOVEMBER, 1987) IN ACCORDANCE WITH SECTION 12(a)
This Third Amendment to the Wastewater Service Agreement
between the City of Carmel, Indiana and The Clay Township Regional
Waste District, made and entered into this
day of October,
1994, by and between the City of Carmel, a municipal corporation in
Hamilton County, Indiana, by and through its Board of Public Works
& Safety (hereinafter referred to as "Carmel") and The Clay
Township Regional Waste District, a sewer district in Hamilton
County, Indiana.
WITNESSETH THAT:
WHEREAS, Carmel and The Clay Township Regional Waste District
entered into an Agreement on the 10th day of June, 1983, under
which said Agreement Carmel agreed to accept, from The Clay
Township Regional Waste District, wastewater, liquid waste, and
sewage of The Clay Township Regional Waste District, and further
agreed to treat and dispose the same in a proper manner at its
sewer treatment plant; and
WHEREAS, said Agreement was submitted to the Indiana Stream
Pollution Control Board (ISPCB) for preliminary comments and
approval from the ISPCB; and
WHEREAS, said Agreement included rates and charges subject to
change from time to time;
NOW, THEREFORE, it is hereby agreed, by and between The Clay
Township Regional Waste District and Carmel, that the parties' June
10, 1983 Agreement is amended as follows:
1. In accordance with Section 12(a), wastewater was initially
accepted for treatment by Carmel on October 19, 1987, and that
payment for operation and maintenance costs and replacement costs
on equipment commenced 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 July 19, 1994,
are accepted by both parties and shall supersede that dated
November 10, 1987 Agreement. Said rates shall be effective
November 1, 1994, and shall be in effect until replaced in
accordance with Section 12(a) of the June 10, 1983 Agreement.
3. All other provisions contained in the Municipal Wastewater
Service Agreement between Carmel and The Clay Township Regional
Waste District dated March 23, 1984, as amended, 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 36-9-23-16 and/or
Indiana Code 13-3-2-15, so as to fully adopt and authorize the
amendments to said March 23, 1984 Agreement, as well as this
Amendment thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective this
CITY OF CARMEL
by its BOARD OF PUBLIC WORKS
& SAFETY
ATTEST:
an W. Jones, Cle- Treasurer
A.,0020,/
/o® 9t7
Date
day of , 1994.
THE CLAY TOWNSHIP REGIONAL
WASTE DISTRICT
CITY OF CARMEL / CLAY TOWNSHIP REGIONAL WASTE DISTRICT
MUNICIPAL WASTEWATER SERVICE AGREEMENT
EXHIBIT "A"
CALCULATION OF WHOLESALE RATE FOR OPERATION AND MAINTENANCE
COSTS AND FOR REPLACEMENT COST ON EQUIPMENT
Line Item
Number
Calculation of rate per million gallons of
', flow to wholesale customers ;'
1993
Total Costs
Allocation
Percentage
Shared
,' Costs
Annual operation & maintenance costs:
1
Treatment plant expense
$1,020,205
100.00%
$1,020,205
la
North plant
12,529
0.00%
_
0
2
Sludge handling disposal expense
28,457
100.00%
28,457
Collection system expense:
3
Interceptor sewers
51,614
0.00%
0
4
Collection
206,456
0.00%
0
5
Lift station -106th street
36,008
0.00%
0
5a
Lift station—City of Carmel
64,064
0.00%
0
6
Billing and collection expense
107,237
0.00%
0
7
Industrial monitoring expense
0.00%
0
8
Subtotal
1,526,570
1,048,662
9
General and administration expense (1)
694,582
68.69%
477,136
9a
Reduction in common costs (1)
(86,900)
68.69%
(59,695)
Total operation & maintenance costs
2,134,252
1,466,103
Annual replacement costs on equipment for items
10
of plant benefiting wholesale customers (2)
379,792
87.72%
333,154
Total annual operation & maint. costs
11
and replacement costs on equipment
$2,514,044
1,799,257
12
Carmel surcharge revenue for excess BOD & SS
0
13
Total net of surcharge revenue
$1,799,257
Total annual flow received at Carmel
14
treatment plants (in million gallons)
2,707.90
Rate per million gallons of flow to
15
wholesale customers
$664.45
Rate increase
34.46%
(1) Allocation percentage = line #8 (Shared Costs) / line #8 (Total Costs)
(2) Amount determined by the consulting engineer
GORDON D. BYERS
ATTORNEY AT LAW
136 5. 9TH STREET
SUITE 318
NOBLESVTLLF, INDIANA 46060
TELEPHONE (3171773-3221
November 15, 1994
Mr. Robert F. Campbell
CAMPBELL KYLE & PROFFITT
650 E. Carmel Drive, Suite 400
Carmel, IN 46032
Dear Bob:
I would ask that you have your client execute the enclosed
contract which has been signed by the Carmel Board of Public
Works and Safety. Our effective date will be November 1, 1994
and you will receive a billing thirty (30) days thereafter.
Please, after execution, return a signed copy back to me.
Sincerely,
Gordon D. Byers
GDB/kd
Enclosure
cc: Ted Johnson, Mayor
Keith Gambrel