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<br />22 <br /> <br />TUESDAY <br /> <br />JANUARY 22, 1974 <br /> <br />,,,,- <br /> <br />II. SCOPE: <br /> <br />A. It is agreed and understood that the City has and reserves the right to enter <br />into separate contract or agreement with person, firms or corporations, private or governmental, <br />in the AREA hereinabove described for the purpose of collecting and receiving wastes for <br />treatment, should the Authority be unwilling or unable to provide such service, and so signify <br />in writing to the City. However, it is further understood by both parties that the City shall <br />have the right to continue providing sewer service to those property owners in the AREA who <br />are presently served by the City. <br /> <br />-- <br /> <br />B. The Authority agrees to deliver all of the normal wastes and acceptable industrial <br />wastes originating within the AREA tributary to any existing or subsequently installed sewer <br />line therein to an existing or subsequently installed intercepting sewer with adequate capacity. <br />The Authority shall provide the City with data and information sufficient to enable the City <br />to evaluate the circumstances and requirements of every flow proposed for delivery to the City <br />at any point. The data and information shall be complete, accurate and projected for future <br />conditions. Should the Authority's data and information subsequently be found inaccurate <br />or should the characteristics, extent or circumstance of flow be found at difference with <br />such representations, the City may require and the Authority shall act to limit or control <br />such delivery to conformance with the data and information theretofore provided. The City <br />shall not be obligated to receive flow from the Authority in quantity exceeding the allocated <br />design capacity of the City's sewer lines receiving such flow and the allocated design capacity <br />of its treatment plant. Each party shall have the right to evaluate the capacities of the <br />sewer line of the City. In cases of dispute over line capacity, engineers of the City and <br />engineers of the Authority, together with a third mutually acceptable engineer, if necessary, <br />shall resolve the question in dispute. <br /> <br />The delivery points to the City shall be determined by reasonable criteria established <br />by the City, and any question of dispute resolved as above. <br /> <br />The City agrees to accept, at said point or points, all of the normal wastes and <br />acceptable industrial wastes from the AREA and to transport the same therefrom, through its <br />interceptor line or lines, to its sewage treatment plant, and to treat all such wastes in its <br />treatment plant to the same extent and degree that it shall treat wastes originating within <br />the City, at its said treatment plant, and such treatment shall be the exclusive responsibility <br />of the City. No such sewage or waste discharges shall be made from within the AREA directly <br />or indirectly to a stream except as may be permitted from time to time by the Virginia State Water <br />Control Board. All wastes treated at the City treatment plant, including wastes originating <br />in the AREA, shall be the property of the City. <br /> <br />C. The sewerage system and all facilities necessary for the collection and metering <br />and sampling of wastes within the AREA hereinbefore described shall be provided and maintained <br />by the Authority as may be required by the City, without cost to the City, to the several points <br />of delivery of wastes from said AREA to the City, except as otherwise expressly provided in <br />this agreement. <br /> <br />At any time following the date of this contract, the City may assume the operation and <br />maintenance of any or all existing meters recording sewage flow from Authority sewer lines into <br />City sewer lines upon thirty days written notice to the Authority subject to right of inspection <br />by the Authority. The Authority shall maintain all metering and sampling equipment in such a <br />