Carmel Plan Comm/Public ServiceAGREEMENT
THIS AGREEMENT, made and entered into this day
of February, 1969, by and among the TOWN OF CARMEL, INDIANA,
acting by and through its Board of Trustees, (hereinafter
called "Carmel"), THE TOWN OF CARMEL PLAN COMMISSION, '(her~-
inafter called "Plan Commission"), and THE BOARD OF COUNTY
COMMISSIONERS FOR HAMILTON COUNTY, (hereinafter called "Com-
mzssioners"), said parties being hereinafter collectively
referred to as "Carmel", and CARMEL CLAY UTILITIES, INC.,
Indiana Corporation, (hereinafter called "Utility").,
WITNESSETH THAT:
WHEREAS, the Public Service Commission .of Indiana,,
Cause~ No. 31214, issued Certificate of ~erritorial Authority
No. 60 to American Suburban Utilities, Inc., on January-27,
1967, to render sanztary sewage disposal service to the resi-
denus of paru of Clay Township, Hamilton County, Indiana,
Inc.,
(hereinafter called "Certified Area"); and,
WHEREAS, Carmel and the Plan Commissi6n entered
into a certazn agreement With American Suburban Utilities,
in order to promote the harmonious and most advantageous
development and use of Clay Township; and,
WHEREAS, Utility is applying to the Public Service
.Commission of Indiana for approval of transfer or assignment
of said Certificate of Territorial Authority No. ~60 from
American Suburban Utilities, Inc., to Utility; and,
WHEREAS, Carmel and Utility are desirous of restat-
Ing the agreement originally entered into between Carmel and
American Suburban Utilities, Inc., to assure.the availability'
of sanitary sewage disposal service to the citizens of Clay
Township and to promote the harmonious and orderly development
of'Clay Township, and to provide Carmel a method of acquiring
Utility's properties ~n orderly stages of developm~n~t.
NOW, THEREFORE, ~n consideration of the covenants
and agreements con%ained herein, the parties agree as follows:
1. As used herein, the term "Corporate Limits of
Carmel" shall mean all land within the limits of the Town of ~.
Carmel,
time to
by Special 0rdlnance No. C-14 adopted by the Board of
of the Town of'Carmel on August 23,~ 1966.
2. Utility agrees and does hereby covenant not to
Indiana, as presently constituted and as they may, from
time, be changed~ specifically including the, area annexed
Trustees
the Town of Carme~ pur-
sewage treatment and
of Carmel in the Certi- .
sue or pursue, any claim or rights of
suant to construction o? operation of
disposal.facilities owned by ~he Town
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find Area to dispose of sewage, originating from within the
Town expressly agrees
from no other person,
corporate
-proposed Certified Area of the Utility,
.(which facilities
limits of Carmel and from any other area in the
within which area the
to accept sewage onl~ from Utility and
firm, customer or corporation whatsoever
are hereinafter called "Carmel's Facilities"),
except as mutually agreed to by Carmel and Utility.
3. Except for the provis%ons of Paragraph i1 hereof,
Carmel agrees not to attempu to render sanitary sewage disposal
service, either directly or indirectly, for the Certified Area
~or to cooperate with any other party except Utility in doin~ so,
and that it will not. nor will it permit any other party, except-
as mutually agreed to by Carmel and Utility, to construct any
interceptor sewer, lateral sewer or house service
line connected to Carmel's Facilities or to Carmel's present
.trunk sewer,
sewage collection system or any extension thereof for the pur-
pose of reDder±ng sewage disposal service for the Certified
Area. Carmel specifically recognizes and acknowledges that
Utility has the exclusive right-to Nender sanitary sewage dis-
po~al service in the Certified Area and agrees not to take any
ac=ion inconsistent with
vided in this agreement.'
4~ Utility shall have,
such exclusive right except as is pro-
and is hereby given, the
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r~ght, from time to. time,
at such point or points as may be mutually
Carmel and Utility, at no cost to Carmel.
to connect to Carmel's Facilities
agreed upon~ by -~
Carmel shall install
and-Utility shall pay for meters which shall be maintained by
Carmel, at all such points of connection, which meters shall
be r~d monthly by Carmel and Utility shall pay Carmel, within
~ten ( days after receip~ of a bill therefor, Carmel's service
chargD, computed in accordance with the schedule of rates and
which is attached hereto,
for .Carmel's service
made a part hereof and marked
in treating and disposing .of
strictly agreed by Utility that i't-wilt
~.~ ]'Utility!s sewage. It is
-- i', .~.. ~.?.-. mai~'tain the quality of effluent reaching Carmel's lines or treat-
.,~ .-. ·ment facility from Utility's lines a~ the
- ~""' ~t~{e document attached hereto, made a part
Exhibit "B".
set forth on
tomer in
s=andard outlined in'
hereof and marked
The agreed initial points of connection are also
the attached Exhibit
5. .Utility agrees that before it will allow any cus-
Clay Township ~o connect to it~: system, it will have
a main line connecting that customer's sewage either (1) to its
own system which will have, connected to it, a sewage ~reatment
plant which is operating and has been approved by the Indiana
State B6ard of Health and Indiana Stream Pollution Board, or
(2) to Carmel's Facilities. It is the ma~n intent and purpose
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of this agreement that the residenes
Carmel shall receive sanitary sewage
of Clay Township and of
disposal service as quickly
as possible in the best possible method' through the combined
cooperative efforts of the parties hereto without the use of
temporary treatment Plants and to expedite the.cQmmencement of
Utility's service.
6. When,
age treatment plant
(1) disconnect &t~
as and if. Utility shall 'place its own sew-
in operation, it shall have the right to
system from Carmel's Facilities and treat
all of its own sewage at it~,3 own permanent plant, upon six
(6) months written notice beforehand to the. Town of Carmel,
or (2) continue to connect part of it~.~ system to Carmel's
Facilities, in which event Carmel shall continue to treat and
dispose of the sewage collected and delivered by that part of
Utility's system in accordance with the schedule of rates and
charges set forth in Exhibit "A" hereto and Utility shall have
the right to treat the'sewage from the other parts of the
Certified Area at
7. Carmel shall,
cause the expansion of the
under the Keystone Square Agreement so that,
its own permanent plant.
as and when necessary, expand or
sewage treatment plant constructed
at all times, it
i'.will have.adequate capacity to properly treat and dispose of, in
· accordance with-all applicable laws, rules and regdlations all of
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the sewage delivered to that plant by Utility. However, such
expansion by Carmel may be supported by a binding, written
Uti'lity,
commitment of continued service by over a required
period of time, to support the cost of such expansion.
8. Each party hereto agrees to cooperate with the
~'othe. r and coordinate their mutual efforts so that early and
suitable' sewage treatment service may_ be provided the citizens
'of Carmel and Clay Townsh~-p w~.thout confl~-ct between the partJ, es
or duplication of efforts. In furtherance of this purpose and
to prgvide for an orderly 'development of the Town of Carmel,
and th~ Carmel sanitation system~,Util~ty hereby grants Carmel
the option to purchase Utility's properties and fa'ci~lities
within the certified area subject to the following condi~tions:
(a) Parties have divided the Certified Area
into zones as set out in "Exhibit C" attached here-
to and made a part of this agreement. Carmel~agrees
nhat in the even5 it expands l~s facilities in the
Certified Area as provided in Paragraph 7 of this
agreement or ~n the even~ it purchases Utility's
facilities, it will develop an area comprising of
at least forty (40) acres and that it will develop
our purchase all facilities in one zone before
developing or purchasing facilities ~n any other
zone In the Certified Area. The purpose of this
provision is to assure both par~es of the orderly
development and expansion of the Carmel system.
(b) Ail such facilities developed or purchased
shall be annexed ~o the Town of Carmel at or before
the time.of· development or purchase.
' ' (C) The purchase price shall be determined as
Ail utility's cost of labor, materials,
land.acquisition, engineering, and other
costs, plus percent ( %) of said
total cost to cover overhead and adminis-
tration expenses.
Also interest at one and one-half percent
(1~) over prime as established by the banks
of the City of Indianapolis on the total
amount determined in (i) above less all fees
collected from users (but not including any.
funds as aid to construction), to assure a
fair return on utility's, investment plus
· maintenance, repair, andoperating costs,
said interest to be figured annually on the
last day of each year based on the prime
rate established at that time.
(c) Said option to be exercised by Carmel giving
Utility no. tice in writing of its desire to purchase
together with satisfactory proof of Carmel's authority
and abilitY to purchase. .
(d)~ Utility agrees to furnish yearly certifications
to Carmel of its cost in the construction of its property
· ' · ,,,'~,~i.?nd~_~ facilities. This certified cost shall be used in deter-
minin~ costs above.'
~, ' (e) Sa~d. purchase price shall beI pa~d by C~rmel w~th~n
~',';~'~120 days of sa~d written not~ce of ~ntentlon to purchase.
' ~'~:~;/:;~}~i~}~ (f) Due to the fact that ~t ~s anticipated that most
of Utility's certified area will ultimately be incorporated
· into' the Town of Carmel and the Carmel sanitation system,
':~?~,'Carmel agrees that in the event utility shall become
'insolvent or unable to service and maintain any system
developed W~th~n the Certified Area which is being metered
into Carmel s trea~ent p ant, ~en Carmel will service
and malntaln the same provided all fees and charges are
paid .to Carmel and that it have a claim against utility's
facilities and pr&perties for such service and maintenance.
~: 10. Carmel agrees that. it will take no action to
~nterfere w~th, obstruct or attempt to prohibit utility. ~n ~ts
,'.'~efforts"~o obtain authority from Hamilton County, Indiana,
instal- l~s sewage collec'tion and disposal facilities in County
r~ghts-of-way or"to cut county roads or to use'. property owned
by tile County in such manner as utility and the County may
agree.
11.. Carmel shall pr~or to annexing any part of'the
Certified Area, give utility written notice of its intention '
to~do so and, ~f the territory which it contemplates a~nexing
· s not already being provided sewage service by Utility, utility
shall provide sanita~ sewage dis~sal service to such t~rritory
on the~ da~e when such annexation ordinance is no,.. longer appli-
cable.
~f Utility shall not make sanitary sewage sposal
service available to the annexed territory within the time
j'all~ed above, Carmel shall have the right but not the obligation
;'to do so provided said develo~ent is within the Zone then being
developed and annexed, and utility shall, not, after Carmel
shall have constructed sewage lines or facilities to that
territory, attempt to render service in the annexed area. No~hing
~'~contained in this paragraph
. '~ on the part, of Utility, of
shall be.construed as a waiver,
its right to make its services avail-
'able only in accordance with all applicable laws, ~rules, and
regulations or a release of its exclusive right to serve all
-~.of the Certified Area'only in accordance with all applicable, laws
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.'/.rules and regulationS, it being the sole intention of this
" Paragraph to provide an alternate source of sewage'disposal
service for' all parts of the Certified Area in the event that
~., Utility fails, refuses or is unable to perform its obligations
· under, all applicable laws,, rules and regulations within a reason-
". ableu~m=
.... 12 In the event Carmel shall develop any area within
the Certified Area, Carmel shall develop the same in accordance
with the general plan for 'the Certified Area including the sizing
of facilities to serve the Certified Area and not merely the
.... area being developed. Furthermore,' both Carmel and Utility
. agree to deyelop all facilities within the Certified Area accord-
ing to the minimum standards adopted from time to time by the
Town of Carmel.'
13. The individuals executing this agreement on
.behalf of each of the parties hereto, h~reby represent and
warrant that all necessary action, including the giving of pub-
lication of all notices,.conduction of all hearings and meetings,
proper adoption of all valid resoiutions ~nd/or ordinances have
.been taken~ given, had and adopted by the party hereto on behalf
.' of Which they. are signing, so as to constitute this agreement .a
legal obligation binding upon and inuring to the benefit of the
respective~;parties.hereto and their legally
in office.'
constituted successors
14. This Agreement shall become effective from and
after .the date on which it is executed by all parties hereto and
validated by enabling ordinance and shall remain in effect
~er~ua~. . .
15. The undersigned persons executinq this Agreement
~,on behalf of CARMEL CItY U~ILITIES, 'rNC., an Indiana corporation
and herein called "utility", represent and certify that they are
the duly elected 'officers of said corporation and have been
fully empowered, by proper .resolution of the Board of Directors
of sa~d corporation, to execute and deliver th~s Agreement; also
saJ_d officers and persons so signing do ;certlf~r that said corpora-
tion has full corporate and legal authority to make this Agreement
without any additio~nal approval of any other body or board,
including the Public SerVice Commission of Indiana, and that
all necessary corporate action for the making of this Agreement
has been duly taken and done.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first above
written. .
TOWN OF cARMEL, INDIA~NA
By Its Board of Trustees
Delbert C. Flick~ Pres. Donald Fields, Trustee
Max Johnson, Trustee James Ritchey, Trustee
. . - - Russell Ransom, Trustee
H.Fo Zinsme~ster,.Sr., Clerk-Tres. --~ (SEAL)
THE TOWN OF CARMEL PLAN COMMISSION
Davis, Secretary
ATTEST:
Secretary
By.
James Lewls, President
THE BOARD OF COUNTY COMMISSIONERS
FOR HAMILTON COUNTY
CARMEL CLAY UTILITIES, INC2
By.
President