Carmel/Westfield/fishers/CRSDHamilton Western UtilitiesF~S'£ AI, IENI)I.1EN~ TO REGIO?L~L ~GREE~ENT
THIS FIRST A~ENDMENT dated , 197
TO TltE REGIONAL ~GREEI~N'~ between ~he en~itJes of the CITY OF
CARMEL~ TO~4~q OF ~.~EST~=IELD~ TO~ OF FISHERS~ CLAY REGIO~AL SEWER
DISTRICT' and HAMILTON WESTERN UTILITIES~ da~ed February 7~ 197~
Wi[TI~E~SETH THAT:
WHEREAS, the City of Carmel, as a hegment of the ail-over
Regional plan, is proposing to build an intereceptor 'from ihs
South Plant to 146th Street in ]tam.ilhon County; and,
WHEREAS, in connection with its application for grants
in aid of such cons~zruction, the authorities have required Lhat
the Escape Clat~se conkained in Fart IX, Section 9.2 be waived by
the City of Carmel and Hamilton Western utilities; and,
WIIE~AS, t~[e CJ ty of Carmel and Hamilton Western Utilities
are in agreement as ~o waiving of such restricLion subject to cerha]n
conditions concerning.gran[ eligibility of the initial phase of the
project.
NOW, THEREFOI~, in'consideration of Lhe mutual promises
of l_he parties and as one of the conditions for waiver of the Escape
Clause by th~ City of Carmel and Hamilton Western Utile[ties, it is
agxeed that the Regional Agreement be amended as follows:
The p. rovision contaiued in Part III, Paragraph 3.1].,
Part ~[V, Paragraph 4.]], Part V, Paragraph 5.11, Par~ VI, Paragraph
6.11, and Part VII, Paragraph 7.10, shall not be ]nLerpreted as
preventing Itamilton Western from increasing its certificate off
au u~orl ~y for sew'er service J.n any area shown on the map of Ron
Bonar that presently does not have sewer service and from preventing
Hamilton Nestern from serving said area with either sewer or water
'service. This Amendment sl~a]l not, however, be interpreted as a
consent on the part of any of the members of such expansion nor shall
this Amendment be interpreted as waiving or releasing Hamilton Weste~.n
from complying wi'th ail1 other laws and rules and regulations in
connection with the expansion of service.
AT~EST.
L>g~CUTED the day and year z.]_rsb above written
dlTY OF CARMEL', iNDIANA
By
Mayor .. .....
Clerk-Treasurer
ATTB S T:
TOWN OF WESTPIELD, INDIANA
By
President, B~ard of FruoLees
Clerk-Treasurer
TOWN OF FISHLRS, INDIANA
A1 I]sST.
By
President, Board of Trustees
Clerk-Treasurer
Ai [LS£.
CLAY REGIONAL SENER.DI'STRICT
By
President, Board of .... I
Secreta{y
ATTEST:
.ecEetary
HAMILTO~ WESTERN UTILITIBS, .INC.