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O-1998-2302
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O-1998-2302
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Last modified
11/2/2016 3:39:01 PM
Creation date
7/25/2006 3:35:49 PM
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Legislative Records
Legislative Type
Ordinance
Date
12/14/1998
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<br />e <br /> <br />e <br /> <br />Sanitary Sewage Collection and Transportation Facilities will not allow the discharge into said <br /> <br /> <br />facilities of anything prohibited by the provisions hereof and, in particular, but without limitation, <br /> <br /> <br />that no drains shall be installed or connected in such a manner that any rain water or other surface <br /> <br /> <br />waters are pennitted to enter its facilities, and that adequate safeguards will be taken to prevent <br /> <br /> <br />any abnormal seepage or discharge of any solid matter into said facilities or any abnormal <br /> <br /> <br />infiltration thereof from water leaking into the facilities through defective joints, breaks in pipes, <br /> <br /> <br />or porous walls; and ( c) without prejudice to any rights or remedies which the Authority might <br /> <br /> <br />otherwise have for the enforcemen~ of this Agreement, and to require compliance with the terms <br /> <br /> <br />hereof, City covenants that it will exercise any powers wpich it now has, or which it may hereafter <br /> <br /> <br />have, when reasonably necessary to accomplish compliance with the foregoing. <br /> <br /> <br />Section 5.02. City hereby covenants and agrees that it will: (a) establish, maintain, and <br /> <br /> <br />from time to time, If necessary, adjust the rates, fees, and charges for the service provided by its <br /> <br /> <br />sanitary sewage system or combined waterworks and sanitary sewage systems; and/or (b) assess, <br /> <br /> <br />levy, and collect taxes upon all taxable property within the City in whatever amount may be <br /> <br /> <br />necessary to pay the obligations of City hereunder and all such other expenses or costs of <br /> <br /> <br />operating and maintaining such systems. <br /> <br /> <br />Section 5.03. In the event either . party is rendered unable, either wholly or in part, by <br /> <br />force majeure to carry out its obligations under this Agreement, excluding the obligation to make <br /> <br />payments hereunder, it is agreed that such party shali give immediate written notice of such force <br /> <br />majeure to the other party, whereupon the party whose contractual obligations are affected by <br /> <br />force majeure shall be relieved of its obligations and responsibilities so far as they are affected by <br /> <br />force majeure during the continuance of any inability so caused, but for no longer period. The <br /> <br />term "force majeure" as used herein shall include, without limitation of the generality thereof, acts <br /> <br />CiCA\LaPORT. WT AFlNAUl2/07198 <br /> <br />7 <br />
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