MISS,p - Mississippi Public Service Commission

MISS,p
EXHIBIT "3"
BEFORE THE PUBLIC SERVICE COMMISSION
3 20s
OF THE
STATE OF MISSISSIPPI
DOCKET NO:
RIVERBEND
15 4
UTILITIES,
0 34
INC.
IN RE:
PETITION OF RIVERBEND UTILITIES, INC. FOR APPROVAL FROM
THE PUBLIC SERVICE COMMISSION OF ITS CONTRACT WITH THE
HARRISON COUNTY UTILITY AUTHORITY FOR WASTEWATER
TREATMENT AND COLLECTION OF USER CHARGES
See the attached Service Agreement for Wastewater Treatment and Collection of User Charges.
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STATE OF MISSISSIPPI
COUNTYOFHARRISON
SERVICE AGREEMENT
FOR WASTEWATERTREATMElW
AND COLLECTIONOFUSER CHARGES
WHERÈAS, the Harrison County Utility Authority,.of Harrison County, Mississliipl,
(herefrigfter the "Authority"), operates certain wastewater collection and treatment fadllties
Riverbend.Utilitiës,Inc.
w)tÑh
Harrison County ,Mississippl, and whereas the bontra¢ting
(hereir.after"Riverbend",or *Contracting Party"),lethe holder of a certifícate of oonvenience
and
necessity.granted'by thë Missies i Ptiblic Service Comrnission, a copy of the Miselssippi
Public SeWico Commission Order granting same being attached hereto as Exhibit"A";and
narty,
WHEREAS, said Contractirig Party has heretofore operated an altemative treattnant
system to treat sewage and wastewater generated wittiln its certificatedarea to whidh, or to
portions of whichle now available a regional sewer system.operated by the Authority;and
WHEREAS, for purposes of providing wastewater treatméritwithmits certliicated service
area, Contracting Party is the holdef. of three (3) Wafer Pollution Control Èerrhitefor the
discharge of wástewater in accordance with the Nailonal Pollutant Discharge Elimihation
Systérh ( RDESPermits"),as iúsueilby (he Mississippi Department of Environinental Quahty, a
copy of'eald NPDES Permits being attached hereto as Exhibit "B*;and
that the 'discharge from this
made to a'regionalsewer system'when-the sewer system is
availdble.in the area. At thaf tinielhedischargefrom the system shall be terrhinated;and
WÑEREAS, Cortracting
Party's NPDES Permits state
faciÍity
shalhoeas.e andconnection
WHEREAh,the Authorify is also a wholesale provider of water and wastewater
Harrison Còunty and to the Cities of Biloxt, CVlberville,Gulfport, Long
BÑa66
and Pais €hristian \¾ithinHarWson
County Missisalppi (the"MeimberAgencies"); atd
treatmentservices
.to
,
WHEREAS, both parties acknowledge that pursuant to the Gulf Reglen Utility Act and
by the Clean Water Act, as amended, the Authority is engaged in
consúuodng and operating a systeni of wastewater treatmentfabilities, inciúding interceptor
Ilnes, to transportall tyasteweter withirithe geograiphical boúndary of its authórity and withinits
to law; and
Planning áreefor treatment according
:
the 201 Plan.mandated
.
WHEREAS, in order to comply with the termsof Its NPDES Permits, Riverbend desires
to ¢onnect itã wastewater collection system to those of the Au'hority and deliver wastewater
generated by its dustomers withinits certificatedarea tothe Authdrity for treatment
NOW, THEREFORE, in order to f'acilitate thé delivery of such wastewater from the
Contractirig Patty to Authority, and to provide for the treatmentof same upon surreinder of the
NPÒËS Peirdit-held or heretofore held by the Contracting Party, and thereafterto provide for the
orderly receiptandtreatment of such wastewater according to law, and the collection of chärges
for the fr tmeritthereof,the parties hereby, and in consideration of the mutualcovenants and
promises hereincontained,agree as follows.
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1. CONNECTIONTO SYSTEM.
The Contracting Party will,as soon as possible
alter: (1) the e×eoution of this Agreement by all parties; (2) the physical completion of the
interceptor. lirle aforesaid; and (3) cónnection between this,line and the Contracting Party's
collection sýëtem, but in no evánt later than sixty (60) days thereafter, d'vert·wastewáter flow
from one et more,portlons of its certificated area to Authority'sárasteweter treatmentsystein.In
no evaht shallJhe.
Contracting Warty'divert
any of its wastewater flow from tivlthlnits bertifloated
area,to any portton of-AufhoHty's system, últless otherwisé agreed in writing by Äuthority..urdil
the prerequhlites of this Section d are complied-witli. Connection of the Contracting.'Party's
existing' colledtionsystem to' Authority's collectiõn. System. shall be acóomplished by the
.Còñ\ractor af quch locationas is proviçied arid direbted by the Authdrity. WithinthiNy (Š0pdaýs
Riverbend thall
of dernplbtión f Contracting Party's connection to the Authority's
surrender íbiNPbas armits.
.system,
_
2. TREATMENT OF WASTEWATER. Authority agrees that it will, subject to the
capacity limitsof its treatmentsýsteni andalso subject to the Authority's Ruleä and Regulations
regardingwastewater, after the diversionof-such wastewater by the Contracting Pädy from the
Contract\rig Rarty's cedificated area to the said intèrcaptor line, proceed to treat- duch
wastewafer,.or
cause the sah1e_to be tieated, and willthereafterassume (6e responsibilityfor
Westewaterfromthe said certificáted area sò long as.the Contracting Party le connected Insuch
a way as to discharge its flows of wasfewatet into the authority's-system
-
3...COOPERATION. During the first 180 dãys of operation of the interceptorto.which
Partýshall aonnect,
the Parties will cooperate as reasonable and necessatyto
make the transition of and.diversion.of flows of wastewstar into the; authoMy system th an
orderly fashlón .Said cooperation shall include ãodperating to conduct äny test.flows as
requesiéd by thú systema operator for the Authdrify, Authority agrees to cause a designated
representativeto notify the Gontracting Party in wNtingof any testing. The Òontracting
Èatty
agfees to abide by any future sewer use ordinance adopted by the Authorityand to cooperate
With the Countyand/orthe Utility Authdritÿto assure conipliárice withauchordinancés;.provided
that rio acuon,disapproved by the Mississl¢piPublic Service Commissiob or the Midt.isalppi
State Board of Health or other state regulatorybody shall be required of the Contràcting Party.
Notwithstandirig any other language herein corttained, shou'd any conflict erlse betWeen the
rules and
actions required.of
the Coritracting Party underthisAgreement and the requirements,
regulationsof the Mississippi Public Service CommÍssion.orthe Mfssissippi State Board of
Health or other state regulatorybody, then both Parties agree to cooperate in good faith to seek
a resolutloti of äny such confilotby joint petitionto the Mississippi Public Service Commissionor
MissidstppiState Board of Health or other state regeilatory body cr by any other approþriate
means, so as toþreserveprimarilythe tenor of this Agreement,
the.Contracting
4. RATES.
and Treatment Rates for wasteWater
4.1. Wholesale Sewer Transportation
dischärge from Contracting Party will be established by Authority ori an annual basis.
Comrriencing on October 1, 2014 tNe Wholesale Sewer Transportatlon and Treatment Rate
Schedtde for the initial annual period of the Agreement shalÏ be in accordance with the
Wholesale sewerrate contained on the page number 10 of the Schedule of Rates attached as
Exhibit"C". The parties fulther aéree theWholesale Sewer Transpottation and Treatment Rate
Schedule may be reviewedand revised as necessary, on not gredter than an annual basis.
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4.2.
The Contracting Party shall delivet its wastewater water to the point(s} of
connection designated and agreed upon by both partles. For purposes of this Agreement,
"point(s) of connection" shall be defined as the approvád physical connection(s} betwëen the
County's wastewater water systém and Contracting Party% wasfewater facilitiès.
4.3. Íltleto all Wastewater water passirig throughthe point(s) of connectfon shall
vest in the Authoritÿ ànd at such point aff liability for further transportation, treatment and
disposal shall pasé io the Authority.
Aldhority shall fumish, install, operate, and maintain the Authority's metering
point(e) of connectíon as well as the necessary equipment and devices of
standard type for \Ýteásuring
properly all waste ater water to be accepted from Contracting
Party and treated under this. Agreemenf. The Authority's metering stailon(s) and other
measuring ehulpmentshall remainthe property of the Authority.
4 4.
at the
station(s)
4.5. Contracting Party shall have access to the Authority's meteringstation(s) during
Insþectio.n and examinatión, but all readings; callbrationsand
adjustnients thereof shall be done only by employebs or agents of the Authority.Alt readings of
meter(s)willbe entered upon proper books of record maintainedby the Aúthority.JJpon wtitten
request, the.Contratting Patty rosy have acdess to said record books duringnòrmaLbusiness
houra."Contracting Patty shåll have the right to audli the mÀfèring
récords of Authoiity once per
noimalbusiness hours for
fiscal year.
4.6;Àt leastencè per year the Authorityihall cause to be calibrated the Authdoty's
nielebrig statlon(8).If, for any feagon, any hieter is out of service or repair, or if, upon aily test,
the percetitage. of inaccuracy of úny meter is fobnd to be outside or in ekéess of tKe
manufaßtúrefs design' Ilmité, registration thereof sha1Ïbe corrected for a period of time
eNtending back to the time When such inaccuracy began. However, if the begfribing date of the
disorepancy cannot be pstablished, thë c'orrection shall be made for the three (3) carisecútive
billittàþeriods immediately. prior to the didcovery of the disbrepancy. Coples of all metering
tèsts and reduits shall be proivided.toContracting Party annually.
4.7. Contracting Party agreed to provide annually to the Authoritycopies of its five
(5) year wastewater needs plan irt the fond as is required and prövided to the Mississippi
Department of Environrnental Quality under Contracting Party's yeally Inspecton.
5.
USER CHARGES.
The Contracting Party will continue to collectand process
sewer collection and treatment user charges from its Customers. Wholesale Sewer Collection
and Treetment Rates for sewer transportationand treatment charged to the Contracting Party
by Authorityshall be treated as a pass through and collected from its users and custoiners in
accordance with rules established and regulatedby the Mississippi Public Service Commission.
TERM AND OPTION. This Agreement shall be effective upon approval and
6.
execution of the partles and the initial term hereof shall be for a period of twenty(20) years
commencing from.and afler the first date of delivered wastewaterfrom Contracting Pärty to the
County's collection and treatmentsystem and shall automatically renew thereafter from yearto
year
unièss termiriated.
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7.
RESERVED
8.
REPRESËNTATIONS.
.
and
8.1.
Authority's Warranties and Covenants.
covenants
to Riverbend that
Authorityrepresents, v/arrants
,
(a)
Authority is a politichtsubdlvision of the State of Mississippi and.has all
requisite cower and authority to enter into this Agreement as wellas carry out and perform the
terras arid provisions of this Agneement The Authority has been duly authorized by all
necessary action by its goderning body or other appropriate governing bodies and officials to
execute, deliver and perform the tei·msof this Agreement and further represents that all
requiremënts and procedures have occurred that ere necessary to ensure the enforcéabllhy
of
this Agreement.
(b)
This Agreement constitutes a legal, valid and blnding obligationof
Authontÿ, enforceable in accordance with its terms and does not contravene any lease,
Indenture, credit agreement or other agreement to whichthe Authority is a party or by whichit is
bound.
All requlred consent, approvalsor authorization of, registration with, or
(c)
declaration to any agency or authority in connectionwith the execution and, delivery of this
Agreernent has been complied with.
8.2.
Riverbond's
Warrarities
warrants and covenants to AutNoritythat
and
Covenants.
Riverbend
represents,
(a) Riverbend is e Mississippi corporation franchised and regulated by the
Mississippi Public Selvlce Commisslon and has all réquisite power and authority to enter into
ahd to carry.outand perform the termsand provisions of thisAgreement
Riverbend has the requisite power, authority and legal right to execule,
(b)
deliver and þerformthis Agreement and is duly authorlžed to exécute,del:ver and perform the
terms of thisÀgreement. Riverbend further represents that all requirements and procedures
necessary to ensure the enforceability
of this A reement,includingall nedessary corporate
approvals as well all necessary approvals of the Mississippi Public Sërvice Commission willbe
sought eipeditiously upon execution hereof. Notwithstanding anything else contained in this
aç|Deements
fei'ure to receive all necessary approval for fullpash throughof all authority charges
to Contracting party from the Mississippi Public Service Commission wlllrender this agreement
null and vold.
This Agreement constitutes a legal, valid and binding obligation of
(c)
Riverband, enforceable in accorda'nce wkh its terms and does not contravene any lease,
indenture, credit agreement or other agreement to which Riverbend is a party or by whichit is
bound.
(d)
There are no pending or threatened actione or proceedinge before any
dourt, àdministrative agency or other body which, if adversely determined, wouldmaterially
affect Riverbend's ability to perform its obligations hereunder or which could have any effect
whatsoever upon the validity, performance or enforceabilityof the tërmsof this Agreement
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No consent, approval or authorizationof, registration with, or declaratlon
(e)
tú any agency or authority, other than the Mississippi Public Service Commission, is required in
connection with the execution and deliveryof thisAgreement.
The execution, delivery and performance of this Agreement will not
(f}
violateany provision of law, order of any court or agency of governnient applicable to Riverbend
nor any indenture, agreement or other instrument to which Riverbend is a partý or by urhich
it is
bound.
(g)
Riverbend is not.in defau_It(nor has any event occurred whiòh,with notice
or lapse of time,or both, would constitute a default) under any agreerpentor instrumènt tò'which
lšlverbend le a party òr under which Riverbend or aný of its assets is bound whichcould have
anÿ' effectwhatsoeúer upon the validity,performance or enforceability
of the terms of-this
Agreenient
9.
RESERVliD
10.
0EFAULTS., Each of the followingconstitutes a default underthis Agreement:
10.1. Contracting Party feils to pay any undisputedamount of âny 6]II,including
any àpplicableinterest and penalfies as described in Schedule C within sixty (60) days of the
due dáte
10.2, Either Party falls to perfomi or obseme any obligation, conditionor term
arising fttm this Agreement that it is to ¢erform or obsewe and such failure continues ninety
(90) followinga, noticeof default.
10.3
Authoiity and the Contracting Party each retain the,rightto terminatethis
Agreement at the expiratiob of the Initialterm of this Agreement provided the entity witihingto
tërrninateprovides at least ninety (90) days prior writte1notice of such Intent, provided that such
tenhinatio,ridoes not caùse either party losviolatelaw.,Each þartyresèrves the right to terminate
thia,Agreement for non-compliancë with thisAgreement, violation.ofeither of Authority's Sewër
Use Ordinartoes,' dr for other Jilstcause uponninety (90) days writtennoticè to the Contraotíng
Pàrty; prdvided however,,the-partles agree to exerciseall reatortable efforts for not less than 60
daýs to resolve any differetices between themprior to any notice of cancellation.
11.
REMEDIES FOR DEFAULT. In the evert of default, the parties shall have the
following rights and remediès:
11.1. Curnulative Rights-and Remedles.
The parties do not intend thatany
right or remedy given to a party on the breach of any provision urider triis Agreement be
eXclusive.
Each such right or remedy is cumulative and in addition to any other remedy
provided in the Agreementor othenvise available at law or in equity, If the non-breaching parly
falfs tð exeróise or delays in exercising any rightor remedy,the non-breachitig party; does.not
therebywalvethat right or remedy Further, no single or partial exerclse of any right, power or
privilege precludes any further eXercise of a right, power or privilege granted by this Agreernent
or otherwises
111 Attorney's Fees. In the event that either party is required to pursue any
action in any court to enforce the obligations, cond1tlons and terms of this Agreement against
the other party, the parties are each indMdeally responsiblefor attorney's fees incurred.
-5-
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11.3. Forum for any Claim or Action. Any claim or action brought by any
party relating to this Agreement and lts subject matter shall be brought in the Courts of Harrison
County, Mississippi, First Judicial District.
12.
WAIVEROR.BREACH OF DEPAULTS. No walvet or indulgence of any bfeach
or series of breaches of this Agreement shall be deemed or construed as a walver of any
breach of the'sameor any other proyision hereof or affect the enforceabilityof any part or all of
this-Agroement No waiver àhall be valid unless executed in writingby the walvingparty.
«WAIVEROFÉfGHT OF EXCLUSIVITY: Contraating Party is the holder of a
of Publin Convenience andlNecessitygranting it the ekolúsive right to provide Water
andfor 'eewer service wiithin its certificated area, Contracting Patty acknówledges that
connectiop to Authority's sewer öollection and treatmentsystem may occur wilthinContracting
of
Partÿ'e certificated area. Contracting Pady acknowledges this Agteement and ¢erformance
the activities
allowed and agreed tò hereunder does not constittile an infringement upon
Contrgeting Party's rights in its ceëlficated area, and is not a takingof rights or propertled by
Authority, nor-does it constitute evidence in support of any typeof blaim for takingof rights or
properties, adverse condembation or inverse condèmnation by the Harrison County .Utility
Aùthonty. Any such claims that Contracting Party may have against any other entity are not
affetied by this Agreement Authority e×pressly warrantsto Contracting.Party that any.actMiles
by Atilhorityin or upon Cotitracting Pàrty's Certíficate of Public Convenience and Necessity
shall be limited to Interceptor lines constructed for the purpose of transporlIng wastewaterfor
wastewatko treatmerit Authority shall not provide sewer collection and treatment Within
certlf(cated service area to any customer othér thartthe ÒoritractingParty.
Cofiffantiná PaÑy's
48.
Certificaté
.
-NÖTICE. Any notice to be given pursuant to this Agreement shall be in writing;
14.
and shall be deemed to have been given when delivered In person, or at the close of the second
business dàý affarmailingif seit by registered or certlfied mall, postage prepaid, addressed to
the addressset forth below of the party to which rotice is being given, or upon actualreceiptof
telegram,telexor facsimile transmission.
.
Riverbend Utilities Inc
With Copy to:
Steven H. Day, President
Post Odice Box 3224
39505-3224
Gulfpod, MÏssissippi
Harry R. Allen, Esq.
Allen Law, PLLC
368 Coudhouse-Road, Suite D
Gulfport, MS 39507
HatrisänCounty UfllityAuthority
Donald Scharr, P.E:, Executive Difactor
Post Office Box 2409
Gulfport,MS 39505
14;
Withdopyto:
James C. Simpson, Jr., Esq.
Wise Carter Child & Caraway, P.
1105 30th Avenue, Suite 300
Gulfpert, Mississippi 39501
A
FORCE MAJEURE.
15.1. Should Authority be forced to suspend, reduce or interrupt service to the
Contracting Party because of any emergency condition reasonably beyond the control of the
Authority, including, but not limited to, floods, fires, ice, windslorms, lightning, equipment fallure,
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strikes, lockouts, Acts of God, acts of the public enemy, orders or directives ofthe State/Federal
govemment or court of competent jurisdichon,thenAuthority need not deliver any services that
it is unableto deliver by reason of such bonditions; nor shall Contracting Pdtty be required to
pay ady chargas for services not deliveredsin the-event a suspensiori of service is nepessary
as à consequence of a force niajeure evelit, the Authority willnotify the Contracting Party,as
soon as is reaschab1y pòàsible. The Authority willuse its best effortsto resume services as
quicklyas risasonably.possible following an event of force majeure.
event either party hereto shall be rendered-unaþfe in wholeor in
oût.its obilgations under,this Àgreemerit.asa fesult of the occorretice of asforce
majoyre,then-thè afeäte(I party shall-givenotice and Ìúilpahiculars of such force majèure in
writingto the other párty,within a râssonable·time aftètoocurrence of the event or cause-rellod
on, tiie obilÒailop
of the"partygiving such'notice, so far'as it Is affectedby such,force majeure,
shall be sospended
during the cóntinuance of theIhability.thenclaimed, but for riolonger popod,
and any such party shall endeavor to remove or overcome such Inabilitywith all reasonable
dispatch.
-
2.
-in.the
.part,to.odrry
CONSTRUCTIONOF AGREElvlENT. Each party, with the àsalstance of
16.
competent legal counsel, has reviewed this' Agreement and any ambiguity should not be
construed for or against any party on aodountof such drafting.
,
17.
AWARENESS OF CONTENTSILEGAL ËFFECÏ. .The parties eXpressly deo,Iate
and fepresent that they.have read this Agreemerit
that they have consulted With their
resýective legal counsel regarding the rheaning of the terms and conditions coñiained herein.
Thè p'àrtiosfurther expressly declare and represent that they fullyunderstand the'content and
effect à this Agreement and they approveand accept the terms and conditionscontained
Werein,and that the Agreement is executed freely and voluntarily.
=end
18.
CAPTIONS. The captions contained herein are included solely for convenience
and.shallnöt be constrtfed as parf of tHs Agmement or as full or accurate descriptlons of the
terrhehereof.
19.
Should
SE\ÌERABILITÝ.
any provision'of
thisAgreement
be held Jnvaildor
illegål, such invaliditÿor lifegalityNall not invalidateAhewhole of this Agreerdent,
but; rathèr,
the Agreement shall be cohstrued as if it clidnot contain the Invalid or illegal part, and the rights
and obl ations of the parties shall bo construedandenforced accordingly.
20.
TRANSFER OF AGREEM4NT. Neither this Agreement, nor any interest herein,
shall be transferable or assignableby the Contracting Party without the written consent of
Authority,whichwillnot be unreasonably withbeid. In the event Authoritygives wntteh condent
to a transferor assignment of this Agreement or any interest herein, this Agreement and any
thteest herein shall be binding on any person, party or entity which may be considerod lis
successor, assignee, purchaser or any other entity that máy take the place of Contracting Party
and any such entity shall be subject to affd bound by the provisions ofthis Agreement.
21.
ENTIRETY, Once effective, this Agreement merges and supersedes all prior
negotlallons, representations, and agreements between the parties hereto relating tothe subject
ier hereof and constitutes the ehtire agreement between the parties hereto in mspect
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IN WITNESS WHEREOF, the parties hereto
executed by theirduly authorizedofficersas of the 29
ave caused
day of Û
is A reement
0Ñ
,
to be
2014.
HARRISONCOUNTYUTILITYAUTHORITY
By'
Billy Mé'Mis,
d nt
Harrison C unty
ity Authority
A
K
Sabant, Secretary
'o
have ap
s
e Agreem
t as to form:
for the
rn on
Riverbend Utilities, Inc.
By:
St V"en
a
Attext:
/
,
Secretary
I have approved this Service Agreement as to form:
arryAllen q., Attorney for
Riverbend Utilltles,Inc.
-8-
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STATE OF MISSISSIPPI
COUNTY OF HARRISON
Personally appeared before me, the undersigned authority in and for the said
2014, within
county and state, on this the Ñ
day of l') O 4-Ñ wm
my jurisdiction, the within named Steven If Day who acknowledged that he is the
President of Riverberd Utilities, Inc., and that he executed the above and foregoing
instrument after first having been duly authorized so to do.
,
My Commission Expires:
STATE OF MISSISSIPPI
COUNTY OF HARRISON
Personally appeare
e ore me, th un ers gned authority in and for the said
/GL
county and state, on this
2014, within my
day of
jurisdiction,the within named Billy Hewes and Kim Savant who acknowledged that they
are the President and Secretary of the Harrison County Utility Authority and that they
executed the above and foregoing instrument after first having been duly authorized so
.
.
to do.
NO'
y Commission Expires:
RY PUB
C
G.,
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STATE OF MISSISSIPPI
COUNTYOF HARRIŠON
SUPPLEMENTAL AGREEMENT
BETWÉEIN
RJVERBEÑDUTILlf[ES, INC.
AND
THE HARRISON GOUÑTY UÌll3TY AUTHORITY
-·
9VHEREÁS
Riverbend
(Jtillfles,Inc. ("Riverbend" and "Contracting Party") and the
Harrison.County Utility Authority ("Authority"), have entered an agrëement whereby Riverberid
!
has executed a Special Warranty Deed conveying a codaln
easement and utilityinfrastructure
unto the Authorityas set fodh in Exhibit A.hereto, for wastewater collection and treatmentby the
AuthoritywÍthinHarrison County, Mississippl; and
WHEREAS, it is contemplated
tilat Riverbend's transfer-of the easement and utility
infrostructure set forth in Exhibit A is a thantable,
qualified
tax deductible contribution untothe
Authoritywhich has been appraised by Mr James Elliottof Diversified bonsultants, a qualified
appraiser, to have a.value of $186,600.00, but the parties agree that such valuation as a
charitable, quéllfled ta× deduction may not be used in evidence by either party for valualido of
such property described in EXhibit A, in any subsequent eminent domain proceeding;and
WHEREAS; Riverbend and
the Authority havè agreed to execute a "Service Agreement
for Wastewater Collection of Usage Charges" as set fodh in Exhibit B hereto which provides,
among other things, that as soon as possible after execution of the Agreement and physical
cornpletionof the Interceptor line and connection between the line and Riverbend's collection
system,Riverbend willdivert wastewaterflowfromone or more portions of its CertificatedArea
totheAuthority's wastewater treatmentsystem; and
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WHGREAS, it is-contemplated
that the Authority will complete its construction of etility
infrastructure for connection with the Contracting Party's collection system on or before June 30,
2016, and
t1e Authority falls to receive approval of grants funds and
WHEREAS, if, for any reason,
complete the construction required of it for'connection to Riverbend's existingcollection system
on or before'June 30, 2016, it is contemplated that the Authority willreconvey the easement and
Infrastructure described in Exhlbit A hereto unto Riverbend on or before July. 31, 2016.
Therefore,
FOR AND IN CONSIDERATION OF THE MUTUALBENEFITS DERIVEDBY EIOTH
RIVERBENDAÑD THE AUTHORITY,RECElPT OF WHICH IS HEREBYACKNOWLEDAED,
IT18WARRANTEDAND AGREED as follows:
1.
That the Authority shall endeavor to complete construction, renovationand
improvement of the infrastructure set forth in ExhibitA for connection to the IIftstationdescribed
in ExhibitA to the extent that it le capable of diverting wastewaterflow from Riverbend'ssystem
untothe Authority'swastewatèrtreatment
systemon or before June 30, 2016;
2.
In the event for any
reason,the
Authority falls
to complete construction,
renovationsand 1mprovements of the ifftstitloh and connection between thisIlftstationtothe
extent that it is capable'of diverting wastewaterfrom Riverbendinto the Auflfority'swastewater
treatment
system, on or before June
30, 2016,
the Authorityshall reconveyby Special Warrant
Dead the easement and utility infrastructure described in Exhibit A hereto unto Riverbend no
later
than July 31, 2016;
3.
It is understood by the parties that thetransferby Riverbend of the easement and
utilityinfrastructure describedin
Exhibit A is intended by Riverbend
to qualify as a charitable, tax
deductible contributionwhich is valued by appraiser James Elliottof Diversified Consultants, to
be $186,600.00,6ut does not depend upon any such quellfication. The parties agree that such
* Electronic Copy * MS Public Service Commission * 10/19/2016 * MS Public Service Commission * Electron
valuation by Mr. Elliott shall not be admissible into evidence to establish value in any
subsequent eminent domain proceedings.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by theirduly authorized officers as of the
day of
ÛCÍÔ
N
,
2014.
RIVERBEND UTILITIES,INC.
By:
StŒvga
.
ay, President
HARRISONCOUNTY TILIT AUTHORITY
Pre
r so County UtilityAuthority
Witness By:
Print Name: Foua
F
Print Name:
AwwwA
We have approved this Supplement
Agreement as to form:
Harr¾ en, É Attorney
for Riverbend Utilities,Inc.
TeheCH
opn
rity
-3-
* Electronic Copy * MS Public Service Commission * 10/19/2016 * MS Public Service Commission * Electron