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Wholesale Waste Water Service Agreement 1994HAMILTON WESTERN UTILITIES. INC. November 18, 1994 Mr. Gordon Byers Attorney At Law 136 S. 9th Street Suite 318 Noblesville, IN 46060 Dear Mr. Byers: I am in receipt of your letter of November 15, 1994 in regards to the First Amendment to the Wholesale Wastewater Service Agreement between the City of Carmel and Hamilton Western Utilities, Inc. I have forwarded a copy of this document to Tom Mattix of Kunz and Kunz for review. Prior to our signing of this amendment, we need to come to a resolution of the matter of remaining capacity due Hamilton Western Utilities, Inc. under the original agreement dated 3/23/84 and the extension dated 8/5/91. As you are aware from our meeting on 9/1/94, Hamilton Western Utilities, Inc. disagrees with the statements made in the letter from Jim Dougherty dated 6/13/94. The calculations prepared by Jones & Henry Engineers, Inc. and the analysis made based upon those calculations is totally inconsistent with the terms of the contract. I have requested in letters to Mayor Johnson dated 6/27/94 and 8/2/94 that these false allegations of exceeding our limits be retracted. To date I have received no response to either of my letters or from our meeting on the 1st of September. The allegations made in the letter from Mr. Dougherty were very damaging to Hamilton Western and jeopardizes our continued relationship with the City of Carmel. I hope that I will receive a response from Mayor Johnson as soon as possible so that I can proceed with the execution to the amendment as it relates to the rate increase. Sincerely, HAMILTON WESTERN UTILITIES, INC. Jeff Henson, President JH/pc cc: Ted Johnson, Mayor Keith Gambrel, Katz, Sapper and Miller Tom Mattix, Kunz and Kunz r n, CTFIC-If� .J1li�L�'LsUVL;�J, NOVA 2 11 1994 1350 Greyhound Court • P.O. Box 1009 it Carmel, Indiana 46032 a (317) 848-6882 • FAX (317) 575-9074