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<br />22 <br /> <br />TUESDAY <br /> <br />JANUARY 22, 1974 <br /> <br />,....-... <br /> <br />2. The City shall have the right to sample and/or measure the quantity of the <br />wastes delivered into the sewer lines of the Authority by any individual, firm or <br />corporation and, on request, the Authority shall arrange for and accompany any <br />authorized representative of the City desiring to take such sample or measure; or, <br />should the City so request in writing, the Authority will take sample or measure of <br />the wastes of any such individual, firm or corporation designated or requested by the <br />City and deliver such sample or the certified analysis thereof to the City. <br /> <br />VI. BYPASSING: <br /> <br />-- <br /> <br />As the cardinal purpose of the construction by the City of its intercepting <br />sewer system and sewage disposal plant was, and as a cardinal purpose of this contract <br />is to bring about an effective abatement of the pollution of the Smith River and its <br />tributaries within the vicinity of the City, the City covenants and agrees that it will <br />not bypass wastes into the Smith River, or its tributaries, unless, in the City's <br />judgment, emergency circumstances or unusual operational conditions dictate no alternate <br />to bypassing; and any such bypassing shall continue only for the duration of the emergency <br />or unusual condition. The Authority, therefore, covenants and agrees that during such <br />period of times as the City, in its judgment, finds it necessary to so bypass wastes <br />the Authority will, nevertheless, continue delivery to the City of all wastes from <br />the AREA herein described and that it will continue to pay the City the charges herein <br />agreed upon as though there was, or had been, no bypassing and as if the City had <br />transported all such wastes from the AREA to, and treated them at, its sewage treatment <br />plant. The Authority covenants and agrees that it will conform to the above guidelines <br />in the restriction and prevention of bypassing within the entire sewage system of the <br />Authority. <br /> <br />VII. MISCELLANEOUS PROVISIONS: <br /> <br />-, <br /> <br />A. The Authority covenants and agrees that all sanitary sewer systems and all <br />additions thereto and extensions thereof heretofore or hereafter installed within the <br />AREA shall conform in all regards to not less than the standards of the State Health <br />Department. At the same time as plans and specifications for new construction, <br />including replacement, are submitted by the Authority to the State Health Department or <br />other regulatory body, a copy of such plans and specifications shall be forwarded by <br />the Authority to the City. All such sanitary sewer lines, systems, mains and interceptors <br />shall be maintained by the Authority in good order and repair so as to minimize the <br />quantities of infiltrated ground water within recognized acceptable limits. Furthermore, <br />it is agreed that no storm or surface drainage shall be permitted in the sanitary sewer <br />system. The Authority shall maintain and repair the sanitary sewer lines, systems, mains <br />and interceptors in said AREA so as to eliminate or reduce to and maintain within <br />reasonable acceptable limits infiltration into said lines and so as to prevent introduction <br />of storm or surface drainage into the same. <br /> <br />The Authority further covenants and agrees that it will cause to be obtained <br />requisite permanent easements in which to install, maintain, enlarge, alter and repair all <br />such installations and that all such sewer installations, easements and sewer facilities <br />shall be and remain the exclusive property of the Authority, except as is herein otherwise <br />provided. <br /> <br />B. The parties hereto further covenant and agree with each other that during the <br />term of this agreement they will comply with and cause compliance with any and all then <br />applicable statutory provisions or lawful orders, limitations and directives of the State <br />