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Home My Public Portal About099-2021 - Sanitation - Sewer Usage Agreement - Town of Boston SEWER USE AGREEMENT THIS SEWER USE AGREEMENT (hereinafter called "Agreement") made this Z . day of `J U I. , 2021, by and between the RICHMOND SANITARY DISTRICT of 13chmond, Indiana (hereinafter referred to as "District"), by and through its Board of Sanitary Commissioners, and the Town of Boston, Indiana, a political subdivision, by and through its Town Board (hereinafter referred to as "Boston"). WITNESSETH THAT: WHEREAS, the District owns and operates a sanitary sewer which sewer is depicted on a certain map,which map is hereto attached and called Exhibit"A"; and WHEREAS, Boston is a town located in Boston Township, the corporate area of which comprises approximately one hundred forty one(141) acres; and WHEREAS,the corporate boundaries of Boston are outside the incorporated area of the City of Richmond, Indiana, and also said land is outside the Richmond Sanitary District of Richmond, Indiana; and WHEREAS, Indiana Code 36-9-23-16 allow for a municipality owning and operating facilities for sewage treatment to contract to treat all or part of the sewage of any other municipality, which contracts must be authorized by ordinance, and are subject to approval by the department of environmental management according to rules adopted by the environmental rules board as to the sufficient of the provision for sewage treatment; and WHEREAS, Boston and the District entered into a contract in August of 1996 wherein the District agreed to accept, receive and treat all the sewage and wastewater originating from the Boston Sewer Works and pumped to and connected to the facilities of the District for such purpose; and WHEREAS, the contract executed in 1996 provides for a specific flat monthly rate,which was to remain constant through the contract term; and WHEREAS, the contract executed in 1996 had a term through December 31, 2020, which has expired; and as a result, the parties now desire to enter into a new agreement to provide for the continued treatment of Boston's sewage and wastewater by the District; and WHEREAS, the District agrees to continue to accept and treat the effluent from Boston's residents according to the terms and conditions set forth herein; and NOW THEREFORE,in consideration of the covenants,hereinafter set out, agreed to be kept by the District and Boston as indicated in such covenants, it is hereby agreed by 2 Contract No.99-2021 District and Boston as follows: 1. This Agreement shall be effective from the date of passage through the 31 st day of December of 2026,unless the parties choose to extend the same for an additional term, which extension must be effectuated through an addendum to this Agreement. 2. Boston residents that own or rent real property within the corporate boundaries of Boston shall be permitted to discharge, into the sanitary sewer of District, only such effluent as is permissible under the rules and regulations of the Richmond Sanitary District of the City of Richmond, Indiana, or as provided by Ordinances of said City of Richmond, and also subject to such rules and regulations of the United States Government and the State of Indiana as may be applicable. 3. That Boston shall be liable for coordinating the construction and maintenance of any sewer connecting to the Sewer of District which serves land owned by Boston residents and that residents will construct said their sewer in accordance with the stipulations prescribed by the District, including, but not limited to, size of pipe, type of connection, clean out openings, inspection and connection before backfilling,and resurfacing of area used for laying of sewer. 4. That District will receive and treat all permitted effluent discharged by Boston residents into said sanitary sewer owned by District. 5. That the Boston residents shall pay, upon the issuance of a sanitary sewer tap permit,the applicable tap permit fee that is in effect at the time of issuance. 6. That the user charge to be paid monthly by Boston for the privilege of discharging effluent into the sanitary sewer of District shall be the applicable rate or rates, set forth within the City Ordinance in effect at the time of discharge. Said charges shall be billed monthly by the District or its representative. The parties acknowledge that, pursuant to District Ordinance 46-2017, the current monthly unmetered rate for residential users is the sum of forty-eight dollars and 71/100 ($48.71); however, this amount is subject to change at the discretion of the District's Board; and should the amount be modified, this Agreement will automatically be modified to reflect the new amount such that Boston will, at all times, pay the unmetered monthly amount for each of its residents as set by the District's Board. 7. That Boston shall be responsible for paying to the District the monthly flat rate described above multiplied by the number of its residents utilizing the District's sewer. The District will invoice Boston for the services described herein on the first day of each month succeeding the month in which the services were rendered. Boston shall remit the invoiced sum within thirty (30) days to the District, and Boston will be responsible for submitting invoices to its residents for 3 8. All other users which are not residential,as described above,such as,but not limited to, commercial and industrial users, which are located within the corporate boundaries of Boston,shall pay the rates associated with such usage as determined, and modified,from time to time,by the District. Additionally,the District reserves the right to refuse the acceptance of effluent from such users, and written authorization must first be obtained from the District prior to the District accepting the same hereunder. 9. That Boston shall pay the current rate or fee for any additional service or services that is provided by the District at which time is becomes available or is utilized by Boston. 10.That Boston shall undertake reasonable efforts to ensure that its residents do not permit any other person or persons, owner or owners, corporation or partnership to connect to the sewer owned by District and constructed under the terms of this Agreement or to discharge effluent into such sewer owned by the permitted residents. 11. The District shall provide maintenance services to the Boston sewer works, which includes its lift station, and such maintenance services, and the cost therefore,shall be the responsibility of District. This obligation will only become applicable subsequent to Boston inspecting, cleaning and repairing any infrastructure in need of cleaning or repair,including repair or replacement of infrastructure at or near the end of its useful life. Said inspection, and any opinion resulting therefrom,shall be performed by a qualified individual or entity that has the training and experience to perform a proper inspection. The results of such an inspection shall be provided to District, and the District is permitted to have a representative present for such an inspection. 12. Boston shall at all times comply with the provisions of Chapter 54, Richmond, Indiana Sewer Use Ordinance. IN WITNESS WHEREOF, the Richmond Sanitary District and Boston, Indiana have executed this Agreement, as of the day and year first written above, although signatures may be affixed on different dates. "DISTRICT" "BOSTON" The CITY OF RICHMOND,INDIANA by and thr gh its Board of TOWN OF BOSTON,INDIANA Sanit ommissioners e4.c:1Sue Miller,President Printed:. 4 Aman Baks i,Vice President Printed: gr.4,110' ember Printecj Dated: Ca .3 �I Dated: 3' 3 " 4' 1 APPROVED: qv avi - . Snow, or Dated: 6 ` o Zfl2r APPROVED: INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Printed: Dated: Prepared by Andrew J.Sickmann BOSTON BEVER FORREST CROSS&SICKMANN 27 N.8°'Street Richmond,IN 47374