Flow Records 194HAMILTON WESTERN UTILITIES, INC.
June 27, 1994
Mayor Johnson
City of Carmel
One Civic Square
Carmel, IN. 46032
Honorable Mayor Johnson:
CERTIFIED LETTER # P 850 146 697
I received the enclosed letter from James Dougherty last week and
as President of Hamilton Western Utilities, Inc. I am bothered
both by the tone'of the letter and by its innuendo'that Hamilton
Western is in violation of its Agreement with Carmel. Secondly,
the chart which was enclosed was apparently based upon numbers
from our original 1984 Service Agreement with Carmel which were
amended by the Extension Agreement executed_August 5, 1991
wherein Hamilton Western agreed to contribute approximately
$800,000.00 toward the expansion of Carmel's wastewater
facilities in exchange for 400,000 gallons per day of increased
capacity at the North/South Interceptor. More troubling still is
the fact that this information based upon old numbers and
calculated in a manner not contemplated by the Agreements was
disseminated by Mr. Dougherty to members of the Town Council of
Westfield and to the general public without ever mentioning the
alleged violations to Hamilton Western. Through conversations
with developers in our area we have learned that developers are
being told by governmental officials in the Town of Westfield
that Hamilton Western is out of capacity. This clearly affects
the reputation of Hamilton Western in the community and its
ability to expand and serve new customers and is untrue.
Furthermore, there was no effort made to contact either me or
anyone else at Hamilton Western to discuss these false
allegations before this information was spread publicly.
Our counsel has now reviewed the Wastewater Service Agreement
entered into between Carmel and Hamilton Western, March 23, 1984
and the Extension of Municipal Wastewater Service Agreement dated
August 5, 1991 and the Extension Agreement clearly states that
the penalty provisions of the 1984 Agreement were to be modified
to reflect the increase in capacity provided for under the 1991
Agreement. The figures used by Jones & Henry Engineers, Inc. to
prepare the Review of Flow Records do not reflect the increase in
capacity provided for in the 1991 Agreement. Furthermore, the
Review details hourly violations for which there is not basis in
either Agreement.
1350 Greyhound Court 6 Carmel; Indiana 46032-1065 6 (317) 848.6882 6 FAX (317) 575-9074
Before this matter gets out of hand any further and more damage
is done to Hamilton Western's reputation based upon false
information, I would suggest that you consult with your counsel
as I have done and that a meeting be arranged to discuss these
alleged violations.
Very truly yours,
HAMILTON WESTERN UTILITIES, INC.
J ffrey C. Henson, President
JCH/wm
cc: James G. Dougherty, Carmel Utilities
Brian Houghton, Jones & Henry Engineers, Inc.
Keith Gambrel, Katz, Sapper & Miller
Gordon Byers
John Kupke, HNTB
Kathryn Kunz, Kunz and Kunz
w Carmel Utilities
110 JUN. 2 rs 1994
Jim Dougherty
1350 Greyhound Court 1 Carmel, Indiana 46032-1065 4 (317) 848-6882 4 FAX (317) 575-9074
0
ea,Jones & Henry Engineers, Inc.
2420 N. COLISEUM BLVD. SUITE 214, FORT WAYNE, IN 46805 • 219/482-1920
June 1, 1994
Mr. James Dougherty
Utility Manager
City of Carmel
One Civic Square
Carmel, IN 46032
Subject: Hamilton Western Utilities
Wastewater Meter Flow
;
Ja•.
iii i li vel ,1a'
6 199A
Jim Doi tohely rcLI
Dear Mr. Dougherty:
Jones & Henry has reviewed the meter flow records for Hamilton Western Utilities' Neville
Lane and Village Farms meters for 1993 to determine the event and volumes of flow that exceed
the agreed reserve capacity for Hamilton Western Utilities.
We're enclosing the results of our review for the City of Carmel to forward on to Hamilton
Western Utilities. Hamilton Western Utilities has clearly exceeded their agreed limits on
numerous occasions and the City of Carmel should seek penalties and surcharges for the events
and volumes of wastewater flow that have exceeded the agreed limits.
If you have any questions please feel free to contact me.
Very truly yours,
JONES & HENRY ENGINEERS, INC.
Brian W. Houghton, P.E.
Director - Fort Wayne Office
BWH/dmk
Enclosure
eizrick
ENVIRONMENTAL ENGINEERS
PH (317) 571-2443
CARMEL UTILITIES
Mr. Ralph L. Wilfong, II
Hamilton Western Utilities
1350 Greyhound Court
Carmel, IN 46032
Dear Mr. Wilfong:
ONE CIVIC SQUARE
P.O. BOX 1399
CARMEL, INDIANA 46032
WATER UTILITY
WASTEWATER UTILITY
June 13, 1994
RE: Hamilton Western Utilities Sewage Flow Limits Being Exceeded
We have had Jones & Henry Engineers, Inc. review your flow records for 1993 covering
both the Neville Lane and Village Farms meters. Enclosed are the results of that review.
Hamilton Western Utilities has clearly exceeded the agreed limits on numerous occasions. We
are herewith directing that Hamilton Western should take appropriate actions to cease these
violations and notify us of what actions will be taken. In the near future we will seek penalties
and surcharges for the exceeded agreed limits.
Yours very truly,
James G. Dougherty
Utilities Manager
JGD:pag
Enclosure
cc: Mayor Johnson
Brian Houghton, Jones & Henry Engineers, Inc.
Keith Gambrel, Katz, Sapper & Miller
Gordon Byers
John Kupke, HNTB
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