Carmel/Clay Twp Reg Waste
;. - -.
.
.
&o~
,
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 ~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 (loth) 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 la, 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 EOUIPMENT, 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 l2(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 cont~ined 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
Agreement effective this
ITS BOARD OF PUBLIC WORKS
]JST: ~
Cl.r~
~' 1~/ffJ
Date
.
parties hereto have executed this
day of 19
THE CLAY TOWNSHIP REGIONAL
WASTE DISTRICT
ITS BOARD OF TRUSTEES
ATTEST:
Secretary
Date
Second Amendment - Page 4
Line
It.em
~
1
LA
2
3
4
5
.
7
8
10
11
12
13
14
15
.
.
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
Annual operation , mainten~ce (0 , H) expense:
To~al Costs
(Per 1986
st.atements)
$ 495,360
12,006
-0-
Allocation
PereentalZ.8
Shared Costs
100%
OX
1001
$495,360
-0-
-0-
Treatment plant expense
North Plant
Sludge handling dhposal expen.se
Collection system expe~e:
interceptor sewers
collection
Uft stations
Billing and collection expense
Industrial monltorlna expe~e
-0-
-0-
-0-
-0-
-0-
OX
OX
oX
0%
OX
32,058
89,834
81,402-
77 ,402-
-0-
Subtotal
787,897
495,360
.
General and ~lnlstratlve expense
235.496
62.9%"'*
148.127
Total 0 , K expense
1.023,393
6113,487
Plus: Annual. replacement costs on equipment
for lte~ of plant benefitlng
wholesale customers
150 000 est
100%
150,000-**
Total annual 0 , H expense and replacement
cost on equipment
Sl ,H ~9~
793,487
Less: Carmel surcharge revenue for excess
BOD and 5.5.
-0-
Net of surcharge revenue
793,487
Divided by totaL annual flcv received at
Ca~eL treatment pLants
1986
plant flov
~1. 605. 7 mgy
Rate per mil~lon gallons of flaw to
Wholesale customers (including
domestic loadings)
!; 494 17
* 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