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HomeMy WebLinkAbout1995-03-14 WSB AGENDA1. 2 . 3. 4 . 5. 6. 7. 8. 9. • • AGENDA ENGLEWOOD WATER AND SEWER BOARD MARCH 14, 1995 5:00 p.m. Conference Room A MINUTES OF THE FEBRUARY 14, 1995 WATER AND SEWER BOARD MEETING. {ATT. 1) GUEST -DON MARTURANO -SOUTH ENGLEWOOD SANITATION DISTRICT. {ATT. 2) GUESTS: JOHN HENDRICKS & JOE BLAKE CENTENNIAL WATER & SANITATION DISTRICT. GUEST: DENNIS STOWE -BI-CITY WASTEWATER TREATMENT PLANT -PHASE IB IMPROVEMENTS. THOMAS PLATING. {ATT. 3) LETTER DATED FEB. 20, 1995 FROM CHERRY HILLS VILLAGE -BUELL PROPERTY. {ATT. 4) LETTER DATED FEB. 23 , 1995 TO MR. TOM ROTUNDA. {ATT. 5) LETTER FROM THOMAS ARCKEY, ATTORNEY DATED FEB. 24, 1995 RE: SEWER LIEN FOR 2033 E. NICHOLS DR. {ATT. 6) SOUTHGATE SUPPLEMENT #125. {ATT. 7) 10. OTHER . ' ATT. I WATER AND SEWER BOARD MINUTES FEBRUARY 14, 1995 The meeting was called to order at 5:05 p.m. Chairman Fullerton declared a quorum present. Members present: Members absent: Also present: Habenicht, Fullerton, Burns, Lay, Neumann, Otis, Resley, Vobejda, Wiggins None Stewart Fonda, Director of Utilities David Hill, Water Attorney 1. MINUTES OF THE JANUARY 10, 19 9 5 MEETING. The Englewood Water and Sewer Board Minutes from the January 10, 1995 meeting were approved with corrections. Mr. Otis moved; Mr. Resley seconded: Ayes: Nays: Members absent: Motion carried. To approve the January 10, 1995 Englewood Water and Sewer Board Minutes as corrected. Habenicht, Fullerton, Burns, Lay, Neumann, Otis, Resley, Vobejda, Wiggins None None 2. GUEST: MR. ROTUNDA, 3003 W. MONMOUTH AVE. Mr. Rotunda appeared to discuss his high bills since he converted from a flat · rate to a metered water account. Mr. Fonda noted that Mr. Rotunda's meter had been replaced and that both meters were tested and found to be correct. Mr. Rotunda also felt the City-issued publication promoting conversion to water meters was misleading. Mr. Burns recommended, and other Board members concurred, that a disclaimer be attached to all future publications discussing metering. Mr. Rotunda left and the Board decided that once a property has converted to meter, it does not have the option of returning to a flat rate billing status. The Board recommended that staff extend the offer to Mr. Rotunda to have a technician inspect his sprinkler system and make water saving recommendations. Staff will send Mr. Rotunda a letter informing him of the Board's decision. Ms. Habenicht moved; Mr. Wiggins seconded: Ayes: Nays: Motion carried. To establish a policy stating that once a property converts to a meter it may not revert to a flat rate billing status. Habenicht, Fullerton, Burns, Lay, Neumann, Otis, Resley, Vobejda, Wiggins None 3. MEMO TO DOUG CLARK DATED JAN. 12, 1995. RE: WATER METERING. The Board received a copy of a memo sent to Doug Clark on January 12, 1995 reiterating that when a property is transferred from flat rate service to metered service, the change is permanent. 4. DEC. 20, 1994 MINUTES OF BOARD OF WATER COMMISSIONERS. The Board received a copy of the December 20, 1994 Record of Proceedings of the Board of Water Commissioners. Item V-B-1 is entitled, "Water Agreement with Centennial Water and Sanitation District." The item approved the execution of the Water Agreement. 5. GUEST: DAVID HILL, WATER ATTORNEY David Hill of Chrisman, Bynum & Johnson appeared before the Board to discuss the AMAX suit. The Board also received a copy of Joe Tom Wood's letter of January 12, 1995 regarding the Englewood/AMAX suit. Mr. Hill noted that a status conference will be scheduled with Judge Korlis and the trial is set for October, 1995. Tom Burns noted that he had been approached by Patty Wells of the Denver Water Board to discuss a proposed settlement. 6. LETTER FROM JEFFREY SEUL DATED JAN. 30, 1995. The Board received a copy of a letter sent to Scott Balcomb with Delany & Balcomb discussing a proposed turnaround which encroaches upon Englewood's Forest Service right-of-way for its Ranch Creek collection system. The turnaround would be used for a fire truck turnaround. The Board indicated no objection to the turnaround provided that our pipe is sufficiently protected. 7. LETTER TO YVONNE SEAMAN RE: BUELL PROPERTY (SE CORNER OF HAMPDEN & UNIVERSITY). The Board received a copy of a letter sent to Yvonne Seaman of the city of Cherry Hills Village regarding the lack of availability of sewer line capacity for the Buell property located on the southeast corner of Hampden and University. 8. COM REPORT. Stu noted that the COM report regarding the Allen Filter Plant resulting from the reconnaissance study meeting held January 16 and 17, 1995 should be ready the end of February. The meeting adjourned at 6:45 p.m. The next Water and Sewer Board meeting will be March 14, 1995 at 5:00 p.m. in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary City of Englewood February 27, 1995 Mr. Donald E. Marturano P.O. Box 2858 Littleton, CO 80161 Re: South Englewood Sanitation District No. 1 Tap Fee and Admin. Charge -4819 s. Bannock St. Dear Mr. Marturano: AIT. 2 3400 S. Elati Street Englewood, Colorado 80110-2304 Phone (303) 762-2300 (303) 762-2301 FAX (303) 789-1125 This letter is to advise you that, at its next regularly scheduled meeting at 5:00PM on March 14, 1995, the City of Englewood's Water and Sewer Board w i 11 take up and discuss the above referenced matter. You and any other members of the Board of Di rectors for the District who would like to attend are welcome. If you have any questions, or need assistance, you can call me at 762-2643. Jle(J;J John Bock Englewood Utilities Manager of Administration b:4819ban n.fee \jwb documen4wp5.1 (F'. (J"' Printed on Recycled Paper -~~-;.\ • M E M 0 R A N D U M To: The Englewood Water and Sewer Board From: John Bock, Utilities Manager of Administration Date: February 27, 1995 Subject: Maintenance Money Withheld by the South Englewood Sanitation District Regarding the above referenced matter, I have attached the letter we received from Don Marturano which presents his side of the issue. The historical .events, as Mr. Marturano presents them, are probably accurate.· Please note the compliment paid to the City by Mr. Marturano on page two where he states that we have made only two mistakes in h i s 13 years of experience with the District, and those two mista kes occurred this last summer. Thirteen flawless years is not a bad record. Those two mistakes were caused by the i n e x perience of a new employee. The employee is now completely trained. Basicall y , wh at happened is that we did, indeed, sell a sewer tap perm i t fo r a property in South Englewood Sanitation District as if it were inside the City. We collected for the sewer tap and the sewer surcharge, or, $1 ,912.50. When we realized our error, we tra n sferred $300.00 of the surcharge money into the Big Dry Cree k Interceptor Trust, notified the District of the error and offered to give them the leftover $200.00, which they refused. We did loo k into what the City could do to obtain payment for the District. When we contacted the title company they told us that, because the closing had been completed, there was nothing they could do. Because the money concerned was not the City's, there was not much we could in terms of obtaining payment directly from the property owner. We then decided that, because the money involved was South Englewood's, they were in a better position than the City to take remedial action, so we referred the matter to them. DONALD E. MARTURANO Ms. Cathy Miller Utilities Department City of Englewood ~J~ P.O. BOX 2858 LITTLETON, COLORADO 80161 (303) 797•6200 FAX (303) 797•6240 September 26, 1994 3400 South Elati Street Englewood, Colorado 80110 Re: South Englewood Sanitation District No. 1 (the "District") Tap Fee and Admin .· Charge -4819 So. Bannock St. Dear Cathy: The City's September 9, nothing less ($725.00). $200.00 check to the District, which I received 1994, is herewith returned. The District will accept than its $700.00 tap fee and its $25.00 adrnin. charge As background: 8/10/94 you called to advise of issuing a sewer tap and fees collected on the above property, not realizing it was in the District; however, by the end of the following week, you would collect and remit $700.00 and $25.00 in two separate checks. 8/19/94 you called and left a message that contact with two parties was necessary to collect the $725.00, which "would be shortly paid to the District." 8/26/94 I called for Jim Veryser on an unrelated item. You answered and, without my asking, stated that the "shingle fire" on So. Windermere had temporari 1 y put collecting and paying the District's $725.00 "on hold." 9/2/94 you called about "a problem" and advised that the tap issued was for an immediate connection made with the sale of that property. A title company had escrowed fees that were quoted as total tap fees ($1,912.50). At c 1 osing, $1, 712. 50 was disbursed to a contractor, who paid this amount and made the connection. Remaining was $200.00, which was to be or had been paid to the City. You could send $200.00 only; the District should recover the balance directly from the owner. My response was not DONALD E. MARTURANO ~~-aZ~/ Ms. Cathy Miller Utilities Department City of Englewood September 26, 1994 Page 2 favorable (nor was that of the directors of the District subsequently). 9 /6/94 you called and left a message, stating that the $200. 00 check would "be out in a couple of days." Again, it was received Sept~mber 9, 1994, but is being returned. You must have overlooked the colorcoded maps in your office showing the boundaries of all districts which transmit effluent to the treatment plant. Although the property is in the City, it is in the District's system and service area, not the City's. The District has always issued and/or sold its own taps (since 1952), and the applicant always comes to the District first. In fact, since I have been issuing taps, I have been completing, in part, the City's permit, which the applicant brings to you . The City has never been authorized to issue and/or collect tap fees for the District, except to collect the surcharge for the interceptor ($300.00 per SFE). Not once in my 13 years with the District, until this summer, has the City issued (sold) a tap for the District, and this is the second time it happened! On July 1, 1994, you collected tap fees for 675 E. Belleview Ave., believing the same to be within South Arapahoe's district. Fortunately, what you collected was in excess of what was required to pay the District's and the City's fees. Clause 7 of the maintenance agreement between the District and the City explicitly states the District shall continue to issue and sell sewer taps for its properties within the City, as it always has . Your suggestion that the District lien the owner's property for its fees; the District being better able to do so than the City, is out of the question. Again, the applicant always pays the District first (this district or any other connector district). From the monies paid to the City, $725.00 is the District's money. any balance due is the City's responsibility to collect, particularly DONALD E. MARTURANO ~-d~ Ms. Cathy Miller Utilities Department City of Englewood September 26, 1994 Page 3 when the City, without authorization, collects tap fees for the District, even if the collection is inadvertent. The City is responsible for its actions. What if the property in question here were within the South Arapahoe District, where the City was authorized to collect district tap fees, and less than the required fees were collected. Would the City then apologize to South Arapahoe and expect them to pursue the owner for the balance? Would South Arapahoe accept such an arrangement? I think not. The outline of events above is troublesome. When you advised of "the problem" on September 2, 1994, it was then that I learned: (a) that the tap was issued and fees were paid on June 1, 1994, 2-1/2 months before I was first contacted on August 10, 1994; and (b) that the owner had never been contacted. My guess is that the two parties with whom you were at tempting contact were the title company and the contractor who was issued the tap or the permit. The contractor could not be located, but the title company was found to be holding an additional $200.00. It is not the District's responsibility to contact the owner, with whom the .City has had no contact, to inform him that additional fees are due, because of the City's mistake. Suffice it to say, the owner is going to be very reluctant to pay. The District could well spend two to three times in attorney fees what it needs to collect from the owner, and the District will not · do that. The District expects a check for $725.00 from the City. We should ask for interest from June 1, 1994, and for the attorney fees incurred to date. Next time, that will be added to what the City owes the District. The $725.00 which the District expects from the City must be in my office no later than 5:00 p.m., Wednesday, October 5, 1994. If that payment is not here by then, that sum will be subtracted from DONALD E. ~fARTURANO ~-aL~ Ms. Cathy Miller Utilities Department City of Englewood September 26, 1994 Page 4 the District's quarterly payment to the City under the maintenance agreement, which is due on or before October 10, 1994. If you have any questions, please call. With best regards, // ' I c__,.I -~. '/ ___ ,._. / . t -~ < -: • Donald E. Marturano DEM:de Encls./as stated cc: Stewart H. Fonda, Director of Utilities John Bock, Utilities Administrator Martin Semple, City Attorney CITY OF ENGLEWOOD Directors, Engineer, Maintenance Contractor and Bookkeeper SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 CITY OF ENGLEWOOD, COLORADO DIRECTOR'S NOTICE OF PERMIT REVOCATION AND SERVICE SUSPENSION February 23, 1995 ATT. 3 CONCERNING WASTEWATER CONTRIBUTION PERMIT #88-10 ISSUED TO Thomas Plating Company Inc. located at 4695 So. Windermere, Englewood, CO 80110 THOMAS PLATING COMPANY INC. (HEREINAFTER "THOMAS"), ITS PRESIDENT , MR. F. JEROME THOMAS , AND ITS REGISTERED AGENT, MR. JOSEPH M. THOMAS, ARE HEREBY NOTIFIED OF THE REVOCATION OF WASTEWATER CONTRIBUTION PERMIT #88-10 AND THE SUSPENSION OF SERVICE TO THE SANITARY SEWER SYSTEM FOR THE THOMAS FACILITY LOCATED AT 4695 SOUTH WINDERMERE IN ACCORDANCE WITH SECTION 12·2· - 6 E OF THE CITY OF ENGLEWOOD WASTEWATER UTILITY ORDINANCE. THE PERMIT REVOCATION IS EFFECTIVE ™MEDIATELY AND ALL WASTEWATER DISCHARGE SHALL CEASE ™MEDIATELY FROM THE THOMAS FACILITY. I. Compliance History The record maintained by the City of Englewood reflect the fact that Thomas has shown a continued history of violation of its permit conditions , specifically: • Criminal Case number SE9 DOV: 09-20-90 Permit pH discharge Req--3 counts Ct 1 : No Contest Ct 2 and 3 : Dismissed Limits pH discharge --3 counts Ct 1: No contest Ct 2 and 3 : Dismissed $1, 000 fine -· paid • Criminal Case number SE 13 DOV : 07-01-91 Discharge contam-materials --2 counts < Ct 1 : Dismiss Ct 2 : Guilty $2,000 fine suspended if pays fine on SE14 and no furthers for one year. • Criminal Case number SE 14 DOV : 07-01-91 Discharge contam-materials --2 counts Ct 1 : Dismiss Ct 2 : Guilty $2 ,000 fine --paid 5 jail days --suspended if no furthers for one year . Director's Notice of Permit Revocation Page 2 II. Current Violations Justifyin& Permit Revocation: Date Parameter cyanide Limit Result 1.2 mg/I 1.6 mg/I 6-29-94 10-26-94 1. Discharge of waste chemicals not specified in the Wastewater permit (88-10). 11-3-94 11-3-94 11-3-94 12-5-94 2. Failure to notify the Pretreatment Authority of significant changes in the treatment system. 3. Failure to comply with the Toxic Organic Management Plan. chromium/daily ave. chromium/4 day ave. zinc /daily ave. zinc /4 day ave. total metals /daily ave. total metals /4 day ave. 7.0 mg/I 4.0 mg/I 4.2 mg/I 2.6 mg /I 10.5 mg/I 6.8 mg/I Slug Discharge of zinc and chromium. 65.5 mg/l 16.4 mg/I 44.3 mg /I 11.2 mg/I 111.3 mg /I 28. l mg /I Failure to comply with Director's Order dated October 25, 1994 . Failure to respond to Notice of Violation issued November 26, 1994 . III. Ordinance Authority for Permit Revocation The permit violations cited are cause for permit revocation in accordance with · the City of Englewood Wastewater Utility Ordinance Section 12-2-6F, specifically. • Failure of Thomas to report factually the wastewater constituents and characteristics of its discharges. • Failure of Thomas to report significant changes in operations or wastewater constituents and characteristics. • Violation by Thomas of conditions of permit #88-10. • Failure of Thomas to report pollutants above levels authorized in the permit. Director's Notice of Permit Revocation Page 3 IV. Conditions Required To Be Met To Obtain Reissuance of Wastewater Contribution Permit A Wastewater Contribution Permit may be reissued and service restored to Thomas only upon the completion of all the following conditions: 1. Completion of a permit application with all necessary information, specifically which must include, at a minimum: a permit condition compliance plan, a spill control plan, a toxic organic management plan, and a slug control plan. The entire application must be completed and submitted to the Director of Utilities, who must find that it is complete and acceptable, and it must be approved by the City of Englewood Industrial Pretreatment Division. 2. Removal of all stored hazardous waste and hazardous materials not presently used in plant processes. Removal must meet all requirements of local, state, and federal laws and regulations. Copies of waste manifests generated from the disposal of the above stated wastes must be provided to the City of Englewood Industrial Pretreatment Division and the City Attorney's office for review and determination that the disposal occurred in a legally and technically sufficient manner. 3. Installation of a "process discharge only," monitoring manhole. Installation shall meet ordinance requirements and be satisfactory to the City of Englewood Industrial Pretreatment Division in design and construction. 4. When and if a Wastewater Contribution Permit is reissued, it will exclude the treatment and discharge of concentrated tank solutions. Therefore, disposal of the chromate storage tank and the non-chromate storage tank contents and the removal of the tanks will be required before a permit can be issued. V. Notice of Ri~ht of Appeal and Appeal Process Thomas, holder of permit #88-10 may file with the City of Englewood Director of Utilities; 3400 South Elati, Englewood, Colorado, 80110; a written request for reconsideration of the decision contained in this Notice within ten (10) days of this action. The request must set forth in detail the facts supporting the request. The request for reconsideration shall be acted upon by the Director within ten (10) days from the date of receipt by the Director. At the request of Thomas, a hearing will be held by the Director before acting on the request for reconsideration. If the decision of the Director concerning a request for reconsideration is unacceptable to Thomas, a written appeal must be filed with the City of Englewood Water and Sewer Board within ten (10) days after receipt of the Director's decision. The appeal shall be filed with the Board Secretary, Utilities office at Englewood City Hall, 3400 South Elati, Englewood, Colorado 80110. The Water and Sewer Board shall hear the appeal and shall make a final ruling on the appeal within thirty five (35) days of receipt of the written appeal. The party filing the appeal shall be given five (5) days written notice of the date and time of the hearing. Dated this .b._ day of [ ~1"'"j I Ii f)' Stewart H. Fonda Director of Utilities, City of Englewood SF:bd cc: Hill & Robbins, P.C. Dan Brotzman, Assistant City Attorney February 20, 1995 Mr. Stewart Fonda Director of Utilities City of Englewood City of CHERRY HILLS VILLAGE SANITATION DISTRICT 2450 East Quincy Avenue Englewood. Colorado 80110 3400 South Elati Street Englewood, CO 80110-2304 Dear Mr. Fonda, A copy of your letter dated February 14, 1995 was recently forwarded to me by the City of Cherry Hills Village. The Cherry Hills Village Sanitation Board is the legal sewer provider for the property within the proposed rezoning application and is aware of the issues you mentioned in your letter. We have informed the developer that the capacity within the existing lines was designed for development at the current zoning densities. We are also aware of the ridge that will separate the northern portion of the property from the gravity flow system to the south. We will continue to be in contact with the prospective developer of the property and will be discussing the available options for sewer service. As decisions are made we will keep you advised. If you have further questions, please feel free to contact us. Sincerely, µ Bill Matsch, President Cherry Hills Village Sanitation District ATT. s City of Englewood 3400 S. Elati Street Englewood , Colorado 80110-230'4 February 23, 1995 Mr. Tom Rotunda 3003 W. Monmouth Ave. Englewood, CO 80110 Re: Water Metering Dear Mr. Rotunda: Phone (303) 762-23 00 (303 ) 762-2301 FAX (303) 789-11 25 Thank you for taking the time to address the Englewood Water and Sewer Board at their February 14, 1995 meeting with your concerns. After careful deliberation, the Board has decided to deny your request to transfer your residence back to the Flat Rate Schedule of water billing. The Board, however, is interested in assisting you with your high water usage concerns and would like to make the following offers: 1. If you like, the Board will direct the Utilities Department to send out a Technician to conduct a water audit of your res i dence and to recommend water saving techniques that may help you lower your bill. 2. If you like, the Board will directed that the Utilities Department make available to you, and at no charge to you, the services of a sprinkler system professional who can evaluate the setup of your sprinkler system to see if there are any water saving techniques or modifications that you can employ. Again, thank you for the time you took to address the Board, and I will wait for your reply. If you have any questions, or need assistance, you can call me at 762-2643. Sin~ly, dn~o807-1 Englewood Utilities Manager of Administration b:rotun da\j wb doc u~e n4 wp5.1 f". Pr inte d on Recycled Paper <;§~~ Thomas J . Arckey John F. Reha Elizabeth Flanagan-Porarf City of Englewood ARCKEY & REHA, L.L. C. Arromeys ar Law 26 West Dry Creek Circk ·Suire 740 Lirrkton, CO 80120-4475 February 24, 1995 Off ice of the City Attorney Mr. Rick DeWitt, City Attorney 3400 South Elati Street Englewood, Colorado 80110-2304 Re: Notice Pursuant to C.R.S. 24-10-109 Dear Mr. DeWitt: A TT. " Telephone: (303) 798-8546 Facsimik: (303) 798-4637 VIA HAND DELIVERY Please make note that the above law firm has been retained to represent Charles W. and Roseanne Thenell. On August 25, 1994, the City of Englewood, through its Department of Utilities, placed a Notice and Lien for sewer tap assessment against the property located at 2033 E. Nichols Drive, Littleton, Colorado, County of Arapahoe. The owners of that address are Charles W. Thenell and Roseanne Thenell. The alleged debt resulting in the lien arose from unpaid sewer tap fees when the residence at 2033 E. Nichols Drive was constructed in approximately June, 1987. At the time of the connection of the sewer tap the owner of the real property was Starwood Development Company, Inc. , a Colorado corporation. Due to neglect of the government officials of the City of Englewood and the South Arapahoe Sanitation District, they failed to collect the sewer tap fee from Starwood Development Company, the owner at the time the connection was made. The City of Englewood has no lawful right to place a lien against the real property located at 2033 E. Nichols Drive, Littleton, Colorado. Furthermore, any right that the City of Englewood·had to file such a lien is barred by the doctrines of latches waiver and estoppel. Moreover, the assessing of the lien against the real estate is barred by the statute of limitations C.R.S. 13-80-103.5. The City's action is an attempt to collect the debt that is well in excess of six years old. The filing of the lien against our property is in violation of the state and federal constitution, 42 u.s.c. §1981 and amounts to slander of title. The amount of monetary damages claimed against the City of Englewood is $25,000. Please be advised that after the expiration of the statutory waiting period to commence legal action as City of Englewood Mr. Rick DeWitt, City Attorney February 24, 1995 Page 2 provided in C.R. s. 24-10-109 ( 6) legal action will be commenced against the City of Englewood. Sincerely, ;JL:.- TJA/pg cc: Gale Norton, Colorado Attorney General Dennis W. Stowe, Acting Director of Utilities, City of Englewood Charles and Roseanne Thenell TIA\ENGLEWOO .U ATT. 7 8UPPLIDIDT •o. ~ TO COIDOC'l'OR 1 8 &GUDDT DIS &GUIDIDT, aade and entered into by and between the CITY or .. QL .. OOD, acting by and through it• duly authorized Mayor and City Clerk, hereinafter called the •city,• and 800TllGATI 8UITATIOM DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the •Di•trict,• WllD•U, on the 20th day of June, 1961, the City and the Di•trict entered into an Aqreement in which the City agreed to treat ••wage originating fro• the Diatrict'• •anitary ••war •Y•tem within the area aerved by the Di•trict, which Agreement wa• most recently renewed by Connector'• Agreement dated November 16, 1988; and DDBU, aaid Connector'• Agreeaent provide• that the Di•trict aay not enlarge it• •ervice area without the written con•ent of the City; •ow, DBRBl'ORI, in consideration of the mutual covenants and undertakings herein •et forth, the parties agree aa follows: l. · The City hereby consent• to the incluaion of certain additional area located in Arapahoe County, Colorado, owned by the JAKES r. OLLY ftUST, and more fully de•cribed on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agrees that said additional area may be •erved with the •ewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector'• Agreement dated November 16, 1988. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988, i• hereby amended to include such additional area. 2. Each and every other proviaion of the aaid Connector's Agreement dated November 16, 1988, •hall remain unchanged. IK WI'ntBSS WJlBJlZOP, the parties have •et their hands and seals this __ day of , 1995. &T'l'BST: CITY CLZJUt (SEAL) &T'l'BST: 81CJllTARY (SEAL) . CITY or .. QLBWOOD 800TllGAT• 8UITATIO• DISTRICT, &RAPABO• &SD DOUQLAS COUllTIIS, COLOllDO EXHIBIT A LEGAL DESCRIPTION ALL OF TRACT 39, CLARK COLONY NO. 3, BEfNG IN THE NORTHEAST ONE QUARTER OF SECTION 17, TOWNSI-IlP 5 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL NIERIDIAN, CITY OF GREENWOOD VILLAGE, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 39~ THENCE NORTH 89°40'13" EAST 330.61 FEET TO THE NORTiiEAST CORNER OF SAID TRACT 39, (ALSO BEING THE NORTHWEST CORNER OF TRACT "A" OF COLONY PARK); THENCE SOUTH 0°11'18" EAST 629 .41 FEET TO THE SOUTHEAST CORNER or SAID TRACT 39 (ALSO BEING THE SOUTHWEST CORNER OF TRACT "A" OF COLONY PARK); THENCE SOUTH_ 89°40'48" WEST 330 .95 fEET TO THE SOUTHWEST CORNER OF SAID TRACT 39; THENCE NORTH 0°09'27" WEST 629 .36 FEET TO THE POINT OF BEGINNING, CONTAINING 208,188 SQUARE FEET OR 4.7793 ACRES, MORE OR LESS. 7950 EAST PRENTICE AVE., SUITE 103 .,,.. Miu.ER ENGINEERING "' -8 SURVEYING, INC. CIVIL ANO LANO DEVELOPMENT ENGINEERING LANO SURVEYING . 770-2015 770-1272 (FAX) ENGLEWOOD, COLORADO 80111 Mr. Duane Tinsley Southgate Sanitation District 3 722 East Orchard Road Littleton, Colo ., 80121 February 21, 1995 Dear Duane, Enclosed is a submittal for the proposed inclusion of the James F. Kelly Trust property into Southgate Sanitation District. The property is at 6616 East Prentice Avenue which is just east of South Monaco Street about one quarter mile south of Belleview on the south side of E. Prentice Avenue . We are currently in the process of preparing a two lot subdivision plat for the property in order to create two single family lots as shown . Hopefully, this letter can serve as the "narrative description" portion of this submittal for inclusion of the property into Southgate Sanitation District. The property to be included consists of 4.78 acres and it is zoned R-2.5 in the City of Greenwood Village . No zoning changes are proposed. The site is currently vacant and the intention is to sell off the two newly platted lots for two new single family homes on this property. An existing Southgate sewer main is in the Crestline Ave . alignment adjacent to the south boundary of this property which would be the source of sewer facilities for this subdivision. A sewer main extension up the west side of Lot 2 to serve Lot I will be required. The total sewer service requirements for this subdivision would ultimately be two taps into the new sewer main on the west side of Lot 2. The items included with this submittal are the Petition document, a Survey Drawing, a copy of the proposed subdivision plat, a Vicinity Map, an Affadavit of Trust, a Trust Agreement, two Warranty Deeds to the property (the west half and the east half), a Title Company Guarantee indicating current ownership of the property, a $375.00 check payable to Southgate Sanitation District and the Narrative Description (this letter). If everything appears to be in order, could you start the process for review of this submittal so that the property can ultimately be included into Southgate Sanitation District? If anything is missing, please let me know. Thank you for youf help. Sincerely, ~R ENGJ4 1 ERING & SURVEYING, INC. (tr fr1\ JI· fl'u!_[r\ Arthur H. Miller, P. E. AHM/pb Afll\1-600 cc: Mr. Mike Kelly \ \ •• •• 8 DENVER .Jt' BELLEVIEW TERRACE SEWER LINE REIM- BURSEMENT AREA (.s..1 . ~.r I . ct) I - 4J . ~t~ '·-·---........__ I, 'l '• . , ·' I \ .·. •• •••• --· .. 1 ••• •'tt ·--~!...!! .. ~ : .. -- . _,: ____ .. ·~ .. .L.)j . ~ ........ ____ ~ , ~ :J .. a: ···----, .. I------," --!!...- ..... .t!!!_ ... --·----i .. ca "' 0 .. 0 ... a: -·-... __,. CRf SILIH[ ... , . ·Bl "' $ . . ... ... "' ... .. ::> u 0 .J .. I I I I I I ... I I I I I VICINITY MAP Scale: 1• = 300' --"1""'·-··-· ---·-·-·-·---·-·S:-El.~J:..~§.~'-~.!.Y§:_._·--·-·-·-·-·-·-· ,•-··-,..---..,.,,..... __ .. _"_·_·....,··~ 'r--~r----,,,.·---.11---.. ~!.'1. ~ . 1(' ' I I I I I •-l ~''I------"-··---·u1 ·--:: ... I / I I . I -. --;<,"°-=--.,.,-, ... •I ............ _ .. , AV£: ., - ,,. " --· -... I •' t "! :i I I .~ '-·-.t~· SITE ... I I I I I I •• I ' --···· -1't ~ .. -.!-!. ., .. ~· , , . r-u:-1 · · --,.,.-). .. .. ,~~·) -· ···-;;r~l /j ...... L-.::~ .. --(:· ~· ·~ f I ... , : ... ----.,. .... "' . , ... 11!~----i -J: ' .--_ I ~~11: $ 4 --. "--::-------t:--r~~~.,..Tr~"Tl"ll' ... _,,.., ·---' ___ _ ·-·~i-~·--..... "' _j ••• , __ ... I •"I • UI ... 'f --rr ............... ....... ,... . .. /.• / .... •, . ' ~ ff• ___ ,, . .......... .. . .-..... .... ... . J . •• ., -I ";'-... ".' 'eJ /_ €) . . "'---' ,,,, - . .. . .. e ----'"'1-----, -nr ~ ........... -· -· . .. .. ........ ,. .. , .... .. '--="'---' --··---==--.....:_-===.!==-.J.~=====-=:r.::= --- I I NE COR ., TRACT 39 (FNO . #4 REBAR) COLO l'IY PA R }\ LOT g <; _____ _j_ ___ _ S 0°11 1 18 11 E TRACT • A. 629.41 1 I I I I 8 10' UTILITY EASEMENT gc------------------------------t--- I ~ (:) Q:'. r~· _...,I ~~I 0 ""1 ~§1 ~I ·21 I ;;;I ~I I ~ I ~ iu I I "' s I (.,) !2 ~ ·o I ~ v I ~ m I ~ z I '~I I I I 100' SETBACK s 0°11 "' t. -335.88 LOT I " ·01~ Wl CD t-.... Ill 2 .5000 ACRES L_ I k · SE BACK BLOCK J ."' ... 9 ~ .N "1 .CD ., • " a: 11'1 so' SETBACK I I £'.i . . 1"' 0 CD 0 t--.... 11'1 LOT 2 .5072 \ ~OT 5 SECOR., TRACT 39\ I _l -1::_:3 ~I -\-I 2 ACRES I --, l I I I I rl() m 0 I ..., ,., I I . I sEfi?AcKI _J I I..., I~ I~ 1=~ 5CX> t2 v I~ Im (/) -___ J_ SW COR., TRACT 39 (FNO. PIN 8 CAP L.S. 1t21321 I ) I G TRACT 40 CO L ONY I SOUTHERL Y 11 2 TRACT 40 ... ,,., ? Point of Begmning NW COR ., TRACT 39 (FNO. PIN 8 CAP UNREADABLE) CL J-\ n }\ NO. 3 ........ ~ (:) ~ I L I I -·~I [() ::i II) ~ <( I-a: 0 h .l -l a -<( -l }-o 11) "' lil 3: l- o <( -l a: b.l Oz <( 0 -l II) ~r-lt... > <Sa ro ::i t: (/) ~I ~ ~I ~I 1\1 -1 0.. i-a 0 b.l ..J a z: b.l 2: <( ~- ' \ -Z11) I-b.l · • o r-cc: a -' ::i l\l [() 0 L'1 ::> r-11) (/) 'atflEiON/ENGLE:WQOD ''" WASTEWATER TRBATMEMP PLAiff:' v· ·.-" LRMP ',OBJEC-JNI--,T\tES~',, t 'Permit Compliapce + Qdoi: Control & Prevention ,, ,'~\ 35 Bot:> IidAti!NGs ,,0rlginal __,;Orlginal ,Ji~jectio~ (2o/o) -oesign Loading --::Original Projection ( 1 %) .. ~-.. .. . ,. -: 15 +-~~~~~~~~~~~~~~~ ......... ~...._~~~~~~~~~~ 1987 1992 1997 2002 YEAR 2007 2()12 2017 ~ •. t t ·1» Cfl Q -Ill = f. 45 40 25 20 15 BOD ... LOADINGS ,Revised -Revised>Projection -Original:&.Projecdon 2% ;;-Design Loa~t~· Ji'ooLOADINGS Im~~Ct '1:t -Revised Projection -Original Projection 2% ·;; "~Design Loading Phase la 1992 •1 997 1996 2ooti SERVl€E :AREA. GROW-TH , PRESS!J~ES,:,. • Opening o'f DIA ::(fin~l\~!!) • C-470 Corri,dor Development • SW .: Light &ail • .,Cinderella C~pr':;Rs~,~velopment +S;:Retail>Expan~!on ·' ,', PR9JECif :s€:OPE , + Headworks .~ S~condat:y Ii;,ickliFLg rFilter ~ ... Secondary €larifier , ... :::Hr,__ ,,~, +' .. Nitrifying Trickl,ing Filter:. • D1g~~ters • Dewatering BuilHing PHASE lb EXPANSION RECOMMENDED PROJECT ELEMENTS BY PROCESS AREA HEADWORKS Septage Storage Odor Control Engine Driven Pump PRIMARY CLARIFIERS Electrical/HY AC MARCH 14, 1995 SECONDARY TRICKLING FILTERS New Trickling Filter New Trickling Filter Pump Odor Control SECONDARY CLARIFIERS Internal Modifications to Existing Mechanisms NITRIFYING TRICKLING FILTERS New Ni trifying Filter New Nitrifying Filter Pump Odor Control DIG ESTERS Add Mixing to Four Digesters Convert Covers to Fixed Covers Add Heating to Two Digesters Decommission Engine Generators Modify Piping DEWATERING BUILDING Construct Dewatering Building with Truck Loading Facilities Relocate and Convert Centrifuges Add Biosolids Storage for Transportation Odor Control Modify Existing Building for Warehouse/Electrical Control Center PROJECT #CQST ESTIMATED AT'i'$17,470,0QO :rnc1uaiiig + Design ,Engineering • Permitting ,;:+ Construction *~ Construction Management +Black & Veatch +CH~mHILL + Camp, Dresser &.;McKee + HOR lrj~,rastructuie t t t t PERMIT ISSJVES +Metals Limitations (Copper, Selenium, Manganese, Mercury) + Fecal Coli£ orm Standards (Recreation Class I) + EPA Reg!on VIII Mixing Zone Policy •Total Maximum Daily Load Study (Watershed Management) + Nitrate Standard 1995 City of Englewood Director of Utilities 3400 S. Elati St. Englewood, CO 80110 Request For Reconsideration Revocation of Waste Water Permit #88-10 Dear Mr. Fonda: Compliance History: 09-20-90. This violation was early in our "learning curve". Steps to correct the cause were taken and reported to your people. 07-01-91. This also was early in our learning experience. Again, Steps were taken to correct. Since installing the original waste water system much equipment has been_ added and additional floor space used to fine tune the system. 07-01-91 While our system appeared to be operating satisfactorily, we were uncomfortable with the testing results being consistently near our limits. Baxter Mogul called on our technician claiming wonderful products, products which were superior to the flocculating agent we were using. Tests using one of their products performed very well, and we agreed to a trial run in our system. It was during this trial or possibly the day after we had switched back to our usual flocculent that your department sampled and found our effluent somewhat over our permit limits. At the time of your sampling and before knowing the results, Baxter Mogul demonstrated yet a second product more costly than the first but guaranteed to be exceptional. It truly tested wel 1. Yes, we tried that product, samples were taken by your people, tested, and were once again in violation. We switched back to our original flocculent and have been using it ever since. For something like three years we have had no violations until the "cyanide" incident. 6-29-94 Cyanide We have a plating bath which contains potassium ferricyanide, CAS#: 13446-66-2. This chemical is neither "cyanide" nor hazardous! Your people told me that since the chemical contains "cyanide" in its name it would be considered hazardous by them as they had no knowledge of the substance and could not take a chance. I spoke to a chemist at the manufacturer of the product containing the chemical who informed me the product is non-hazardous, stating a 150# man could ingest 1# with no ill affect. I have since Classification purchased a copy Guide", a reference of "Hazardous Materials source recommended in the "Uniform Fire Code", which clearly states potassium ferricyanide is NON-HAZARDOUS. Perhaps our Hazardous Waste and Pollution Control Technician should be discussed at this time. In June of 1994 James Keeling was given full authority and respons i bility for our pollution controls. Mr Dave Louch was so notified in writing on June 29, 1994. Thereafter, Dave dealt solely with Keeling. It was clearly pointed out that he, Keeling, had complete authority, that if anyone higher on the chain of command requested anything that would violate any laws, Keeling was to refuse , and, if any problem ensued, he was to tell him that he was following my orders, and to report to me immediately if a problem were to occur. Keeling's promotion was a result of the by both Mary Gardner and Dave Louch, keeping our system operating smoothly earned a promotion. high regard expressed to me as we l l as his success in for three years. He had 10-26-94 In early spring of 1994 I accompanied a State Health Compliance Officer around shop. At that time we observed several metal containing chemical products setting on the floor near storage tanks used to control release of chemicals and rinse waters too concentrated to release suddenly into our water purification system. On checking with Keeling, Keeling stated that he intended to process the products through our system. Keeling stated that the water control people were aware of this, that he had shown them the materials when we had our annual inspection. I saw the inspectors at that point with Keeling. I, too, was under the impression that heavy metal containing products which we had used could be processed through our equipment, so I had no problem with his intent; however, every product I saw there was still useful to us. I directed Keeling not to dispose of them. About 6 months later the State inspector came through again this time touring the shop with Keeling. At some point I became involved as the previously mentioned products were still in their original position, plus additional materials were now there. I asked Jim why. Jim replied he was directed to dispose of them by the foreman, a person not aware of the requirements for discharge. I reminded Keeling again that he was responsible for all discharges,not the foreman An examination of the materials showed products still useful to us such as nickel carbonate. There were also products even though obsolete which should under no circumstances go through the system. There were 4 small bottles of chloroform from our laa which would violate our permit if released, along with diesel fuel and Stoddard solvent, both of which we have use. All of the products were removed from the area and properly stored. 11-3-94 When the discharge analyses were received from the City, the results were brought to my attention. I immediately spoke to Keeling who claimed he was unaware of any problems. The thought to terminate his employment occurred to me, but I thought it may be prudent to do some thinking on the problem. As we had a problem with just one person completely and solely responsible, it was obvious an additional control should be inserted. I asked Patricia Braem our Production Manager, if5ive would take on the responsibility of unannounced testing of grab samples. She agreed and began sampling and recording the test results. She continued this practice up until the plant shutdown. All of her readings have been in compliance with the highest zinc reading being 4.0 ppm. A few days after Braem accepted the grab sample testing I asked her if she would also take on the responsibility of sampling for our required outside analyses. Braem agreed and to date has sent out 6 samples, 5 of which have been returned, all results well within Permit limitations. The City also has sampled since the incident. We looked good in the first sampling. a regular quarterly sample. We have not been given results of a sampler collected sample but are confident the results are excellent based upon Braem's frequent and consistent sampling results. We do have a problem with the alleged sampling hours on 5:00 and 6:00 A.M. as stated on the citation. Our production manager thought it strange that none of our employees saw your people sampling as she came to work at 5:00 A.M. and several others reported to work between 5:00 and 6:00. Our maintenance supervisor, Brian Munroe, comes to work at 4:00 A.M .. When queried, Munroe stated that t'he first thing he does after punching in is to check the water treatment system. At that time the system was being shut down about 11:00 P.M.. Munroe states that the equipment was indeed shut down and there were no signs whatsoever of any problem. I then asked if it would be possible for Keeling to have set up a system of dumping overnight. Munroe said there was no way anybody could rig up such a system and went into some detail explaining why. I asked Munroe what is the earliest any water would start down the sewer, and he replied 6:30 A.M., possibly 6:25 A.M .. He explained Kee 1 ing turns on a radio, makes a pot of coffee, goes around the shop inspecting and turning on pumps, etc. After all that, Keeling's first release of water is from the filter press, water which always runs clear. Keeling walked in about that time allowing me to then ask~ him his routine. Keeling repeated the routine as Munroe had stated leaving out any · mention of radio or coffee. I saw and spoke to Louch at the manhole at 2:50 P.M. As I walked up Dave was watching another man tightening bolts on a "X" shaped mechanism. The other man appeared to be explaining the mechanism to Dave. When I first received the violation report, I assumed the grab samples were take in the afternoon. If Keeling had been cheating, midafternoon would have been the best time to catch him. This time makes more sense. 11-3-94 We sent a reply 10-30-94 stating we had received the Director's order and would comply. On rereading the order I see we were to have sent manifests and this point was missed, The one shipment of a cyanide containing product was made to a compan y in California, a copy of the B/L is enclosed. A copy was previously supplied to the State Health Department. 11-3-94 We thought the one response promptly .made after your people 's visit covered the matter. When it was pointed out that two responses were needed, a second was sent without delay . After Braem's taking on responsibility for all sampling. she and I both agreed we needed furthe r controls on Keeling's operation. We inserted our Maintenance supervisor, Brian Munroe, into the chain- of-control over Keeling. Munroe was our first operator of the waste water system having taught Keeling to operate the equipment. Being in the shop constantly moving about> Munroe seemed a good further control. He accepted and has performed beautifully. Munroe also grabs samples for inhouse testing. To my knowledge he has found out-of-compliance 4 times , each time immediately going into the agreed upon plan o f correction. Once he found the p.H. slightly out of bounds. A slight adjustment corrected the problem making it unnecessary to shut down the machine. Another time he read 10 ppm of zinc shortly after starting up, requiring a prompt shut down and recycling of the effluent. Adjustments were made , the treated water was monito r ed until the zinc dropped to 4.0 ppm, water was released and further monitored until the Zinc dropped to our more or less norm of 1 ppm. We believe that management has operated reasonably with good intent to be in compliance. After a effluent violation did occur, we believe prudent steps were taken to insure continued compliance. As the effluent violation is the only one in almost four years, and prudent controls have been installed, we sincerely hope another chance will be given. Sincerely, F.Jerome Thomas, Pres /\LBUOUERO~ 883·7100 ATLANTA 608·1117 BOISE 362·5000 CALG ARY 287-1105 CASPER 266-3375 CHIC AGO 890-5959 CI NC INNATI 874 -1900 CLEV ELAND 676-9300 COLO RADO Sl'RINGS 598·6'194 COLU MBUS 878 · 7009 DA LLAS , FT WORTH 21 4-038 ·3535 DENV ER 289-3500 DETROIT 946·4334 DURANGO 247 -3192 EL PASO 591-1700 FONTANA 909.355.5735 FREEMONT 51(}.683-0970 FRESNO 233· 7792 GRAND JU NCTION 243 ·3200 GRAND RAPIDS 534-1177 HELENA 44 2-0431 HOUSTON 691 ·6191 IN OIANAPOUS 784· 79 56 KANSAS CITY 231 ·2500 LO~ BEACH ,10·6'l4·6987 LOS ANGELES 310·948 -4566 LO UIS VILL E 636·5400 MEMPHIS 948-4500 MILWAUKEE 481-4545 MPLS IST PAUL 888-7292 OK LAHOMA CITY 672-0888 OMAH A 592·7144 ORANG E COUNTY 714 ·974 -9664 PHOENIX 278-1551 PORTLAND 285-3050 PUEBLO 542·7310 RENO 324-6987 SACRA MENTO 916-373-0189 SAN ANTONIO 299-1124 SAN DIEGO 619·271 ·9955 SEAIT LE 241 ·0 222 SF/OAKLAND 510-451 ·6987 SLC 973 -9734 SPOKAN E 535· mg ST LOUIS 382· 1102 TUCSON 620-1132 VANCOUVER . B.C. 420 ·4664 STRAIGHT BILL OF LADING -SHORT FORM -Not Negotiable -ORIGINAL tmliEOl!!IM!m~ "71f.,.., 7:!!.::~r::~~!!L~f.o~ ~;E,~:,<:!..~ , ,, NORTHEA STERN MOTO R FR EIGHT . IN C .. I NEMR I: WESTWAY MOTOR FREIGHT INC. IWMFRI FROM DATE _._..,'-... ----·-----•1•.i ~. 1~ Q•O~••v Or~«•De'O Ot>low ,,, OPP0""' 9ood o•dr • r•cr p • 01 no••d icontrnr\ and C0"d"•0" ot CO"'""'' 01 PO<li.ogr \ vn ~,..0-"• rno•li.rd cc11>\•9n.ed and drl••~ Ol 1n d i<o1rd ~low ....,,,,<;., lO•d ca"'"' lll\<r w _,.d CO"••• be•nq uOO l'f\IOO<J •li•ovgnov• "''' Con1to<• O\ '"'•On ,nq on.,. ~•\on o• co•oo101oon "' PQ\\.oe \\•0" o! '"'" prooe•ly undt-• H'lr conrrocu ogi r~ 10 carry to''' ..,,..,01 glocr ol d t hvr 1y or \O•d dt\llnQl•on ,I on •I\ •Ovi t o rl"lt•w •\f' 10 d f'lo vf'f ro ono•hf'r corflt f on r~ routf' 10 \O•d ~\1 1no11on II •\ mu•uoHv og•ttd 0 \ 10 f'O<l'I COtt>tr or oll .:i• nnr 01 \O •O p<o~"'I' o ver au or onv por1ton ot \01(1 rourt 10 Of'\l 1no1oon ono o i ro eoch oonv 01 ony rom e on ltrt llf'd .n o il O• ony o l \Ood pro~rly rho1 t ve1y \f'fvl(t to be ~do""td l'\t <t unOtr \hall be \ub1t<' 10 oll rhe ''""'' ond cono 1r1on\ ol •l'\f' Unolorm Domt \!>( Srro•ol'I• B.H ol lod•ng ~r 101r n l • .n un,tcrm F•t •gi'11 (lou•llCO!oon ,n t lft<I on •l'lt dnlt ht •tOI •I•~.,'' o •ool or '1 •ool w Oltl \h1om"'" 01 •1• •n th e opol1Co b lt ..,,oro• COH •t • clon1l1Co••o n o• •o••lt ,1 rn,, •\ o mo101 CO«•t • \l'lopmf'n• · $11---eow!ll_"'-1,._to l .....iW .... ll'o ol l ____________ ot~.IN:IWlftOit-.. ----·-...... ~---tlcM-... 1·1t1 ---·-\61-ol .... __...-"""-IOr"'o----l-•e-.., __ )O..,._Jll_,_, __ "°IOfl•U"-l -No-.... CONSIGNED TO (On Collect on Delivery Sh ipment s , the letters "COD" must appear before consi gnee's name or as otherwise provlded In Item 430 , Sec . 1) \J~c 0 , ~ \..,) -e. coos C.O .D . FE E TO BE PAID BY 0 CONSIGN EE OR 0 SHIP PER DESTINATION (street) L ~ -\\ ~ I ~ f\ \ \) \ CITY , STATE ANDZIPCODE 0 A. c <'' ~' \ \ ~ . ~ \ NUMBER PACKAG ES HM KIND OF PACKAGE , DESCRI PTION OF ARTICL ES , SPECIAL MARKS , AND EXCEPTIONS IF CONSI GNEE'S PERSO NAL OR COM PANY CHECK IS ACCEPTAB L E FOR C O.D. PL EAS E NOTE : REM IT C.O .D. WEIGHT (pou nds only) (subject to correction ) Subject to Secuon 7 of cond itions of applicaole bi ll of lading , 1f this sh1pmen1 1s to be delivered 10 ll'le consignee w1t t'IOut recourse on the cons ignor, the consi gnor snall sign the followmg stalement: \" ";\ '\ '""'.-......_ L ~ ~ THE AG RE ED OR DECLA RED VALUE OF THE --~--+---+-~ \J-"''-'--'v--.--'\"-f\_,__ ______________ --+--'-'d.,~-:),~,-) ___ p ---t. PROPERTY IS HEREBY SP ECIFICALLY ST A TED $ BY TH E SHIPPER TO BE NOT EXCEEDING ROUTING DELIVERING CARRIER PER ------+-+'--=''--'"-..l"'--'--''--'-'--'--'--'+--'-.!....:-'-.:....J..L.....:~,.__~_~.:..!...S""-~'----J-'l-"---'"--'----",__,),,_-1 ~~~:y ,~1 .~~:~.cr~;~~~1~~::;. :::::1.s ;~ SHIPPER OR AGENT SIGN 1-tERE • If lhe shipment moves between two ports by a carr ier b y wat er, the law requires that the bil l of lading shall stat e whether it i s "carrier's or shipper's weight." NOTE -Where the rate 1s dependent on val ue . shippers are required to state specifically in writing the agreed o r declared va l ue of the property . l•~ecl ao<J are 1n proper condl!lon tor 1ranSPQr1at10n acc0ta1ng to me appl1cao1 e r90u1a11ons or rn. DepMlment ol T ransporu11on NO . PCS . RE CEI VED SINGLE . CA RR~GJ:Vi S HP T/~ ~­ ~(v) TRANSPORT SERVICE, INC. __ .....