<br />28
<br />
<br />TUESDAY
<br />
<br />JANUARY 22, 1974
<br />
<br />the City, a representative of the Authority and a
<br />foregoing two; all related charges shall be borne
<br />Said committee shall have access to all necessary
<br />making such determinations.
<br />
<br />third person to be chosen by the
<br />equally by the City and the Authority.
<br />data of the City and Authority in
<br />
<br />I. Within sixty (60) days following the end of the fiscal year (June 30), the
<br />Authority agrees to reimburse the City for the Authority's use of the City's existing
<br />facilities, an amount of money determined by multiplying the local unit historical
<br />project cost per one thousand gallon capacity of the existing facilities involved in
<br />such service ($490.00, reduced by any additional Federal or State Construction Grants,
<br />which may be received, applicable to existing joint-use facilities) by the average daily
<br />flow in thousand gallons of sanitary waste from the Authority's sewerage system into
<br />the City's system. The average daily flow from the Authority's system into the City's
<br />system shall be as determined by the principle flow meters and other approved methods
<br />of flow measurements. The City shall allocate capacity in the existing plant, if
<br />available, up to a maximum of one million gallons per day (1.0 MGD) total on an annual
<br />basis to the Authority and the Authority shall purchase by one time only payment, as
<br />set forth above, an amount of the capacity of the existing joint-use facilities based
<br />upon the average daily flows of waste from the Authority's system into the City's
<br />system during the preceding year.
<br />
<br />The present average daily flow is estimated at 82,000 gallons; therefore,
<br />the initial one time only payment to be made on August 1, 1974 to the City by the
<br />Authority shall be eighty-two (82) multiplied by $490.00 totaling $40,180.00, less
<br />$20,061.00, which latter amount represents the total of payments through June 30, 1974
<br />made by the Authority to the City for debt service in accordance with the terms of
<br />Agreement dated April 27, 1971.
<br />
<br />V. SAMPLING OF AREA'S WASTES:
<br />
<br />1. The City may, at such times as it elects, sample, by any approved method,
<br />the wastes delivered it by the Authority, through the aforementioned recording meters. If
<br />it be thereby determined that wastes having a B.O.D. content greater than 300 p.p.m.
<br />or suspended solids content greater than 400 p.p.m. or that industrial wastes or materials
<br />excluded by Paragraph III. A., supra, are being so delivered to the City for transportation
<br />and treatment, then, and in any such event, the City, at its option, may:
<br />
<br />A. Cause the Authority to forthwith discontinue the delivery of any such
<br />industrial wastes or excluded materials and/or to reduce the strength and suspended
<br />solids content of such wastes so that the strength and suspended solids content thereof
<br />will conform with the provisions of Paragraph III. B., supra;
<br />
<br />B. Require the Authority to pay such additional charge for the treatment of such
<br />wastes, as are provided for hereunder. Such imposition of charge may be retroactive over
<br />a determined period wherein the violation of this contract occurred. Any action of the
<br />Authority of payment or payments, retroactive, or otherwise, shall not within itself
<br />constitute reason for continuation beyond any point in time of the delivery of wastes
<br />contrary to this contract. The acceptance by the City of any payment or payments for any
<br />instances of wastes contrary to this contract shall not be construed as agreement by the
<br />City to vary from the terms of this contract; or
<br />
<br />C. Take such action as necessary to secure compliance with this contract in
<br />accordance with procedure described in Paragraph III. A., supra.
<br />
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