Minutes 10/14/1941 - Laserfiche WebLink

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October t~th, 1941. ses. All obligations of the parties with regard to the rendition of service and payment there- for and with regard to the payment period herein provided for shall commence with the date of initial service as defined in Section 2. 5. gains: The City agrees to endeavor to keep its sewer mains and pumping station in good workin-~-~der. 6. Charges for Service: The City shall accept all sanitary sewage Of the Development into its mains at the point of delivery and shall dispose of such sewage without cost to the Government, the Administrator, the Development, or thertenants of the Develooment except as herein provided. - ' The Government s~ll pay to the City to reimburse it for the expense of ~umpin~ and other costs, as a sewage charge the sum of two ~ents(2~) for each one thousand 1,000) gsllons of water delivered to the Development, which~ quantity'shaft-be ascertained by the monthly meter readings and water billsmade under a contract entered intobetween the oar- ties for supplying water to the Development. - It is understood by both parties hereto thatthe charges hereunder and the provisions hereof shall be modified, or~ at the option of either party, this contract may be terminated, if and when the Ha~oton Roads Sanitation Co~issibn, created by Act of the General Assembly of Virginia, or the City of Portsmouth construczs a olant for the treatment of sewer- age and the same is put into operation. ~ ?. Billing and Payment: T~e City shall render a bill~o the Administrato? att the end of each quarter for services rendered during ~uch quarter. Payment of such bills snails be made on or before the lOth day following the date of rendition unless such day falls on Sun- day or a legal holiday in which case payment may be made on the next business 5~y following the Sunday or legal holiday. $. Penalty fbr Non-Payment~ When any bill is not paid within thirty days after the ten days following the date of rendition, it sb~all be considered in default. The City stZg. ll not suspend service to the Development because of non-payment of any quarterly bill. The City shall have the right to cmucel this contract if two successive quarterly bills remain unpaid for a period of thirty days after the tenth day following the date of rendition. Such cancellation shall become effective only after fifteen days written notice to the Administra- 9o ~olnts of Del~ The Development shall connect with the sanitary sew- er systems of the City' ~t the following point or points of delivery: At the collecting man.hole ~ud suction well which were installed and con - nected zo the City's cast iron suction main by the Government on Douglas Avenue at ~bodrow St. 10. Collection Syst?~: The Government shall furnish, construct, own, main- tain, and operate the complete and entire interior sanitary sewage collection system of the Development, together with such other and further sanitary sewer mains and appurtenances as may be required to connect the interior sewage system of the Development ~dth the City's mains at the point or points of delivery herei~oefore defined. t!. ~~ ~a) The Government hereby grants to the City at all reason~ole Pours by its duly authorized agents and employees the free right of in,ross to and egress from the pre- mises of the Develooment for the purpose of inspecting, repairing, replacing or removing the property of the Cit~, or of performing any work incidental to the providing of ell service hereby contracted for. (b) The City shall t~ve the right to interruot service to the Development without notice, only in cases of emergency. If the City shall find it necessary to inter~ot service to the Development to make replacements or repairs, or for other reason, snd no emer- gency exists, the City shall give the Administrator reasonable notice of its intentions, in cluding the approximate time and duration Of~sdch interruption o f service. 12. Annexation o~f. Prope~y of City: Any and all equipment, e~paratus and de- vices necessary to ~l--~l~s obligatibns-hereunder placed or erected by the City on or in property of the Development shall be and remain the property of the City regardless of the mode or manner of its annexation or attacb~ent to real property of the Development. 13. .Impossibii~ty of Performance:__ The City shall use all reasonable care and diligence in providing constant and uninterrupted sewage service to the Development, but the City shall not be lfable to the' Government hereunder, nor shall the Government be liable to the City herednder by reason of failure of the City to provide, or the Development ~o receive sew- age service as the result of fire, strike, riot, explosion, flood, accident, breakdown, acts of God,' or the public enemy or other acts beyond the control of the party affected, it being the intention of each party to relieve the other of the obligation to provide sewage service or to receive and pay therefor ~nen as the result of any of the above mentioned causes, either party may be unable to provide or to use in whole or in part the sewa{e service herein contracted to be provided and received. Both parties shall be prompt smd diligent in removing and overcomin the cause or causes of interruot~on of sewage service, but nothing herein contained shall be construed as permitting the City to refuse to provide and the Government to refuse to receive sewage service after the cause of interr~otion has been removed. In case of impaired or defec- tive sewage service, the Administrator or his representative shall immediately give notice to the nearest office of the City by telephone or otherwise, confirming such notice in writing as soon as practicable. 14. Previous Contracts Superseded: This contract supersedes all previous con- tracts or representations, either written or oral, heretofore in effect by the City and the Government ~th respect to matters herein contained, and constitutes the sole contract by the parties hereto co,corning these matters.