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<br />D~S:djg-c 7/9/85 <br /> <br />Federal and State regulations implementive of the Federal Water <br /> <br />Pollution Control Act, as amended; and <br /> <br />WHEREAS, Grant Eligible Capacity (defined in the agreement <br />hereinafter referenced) is available in a limited amount <br />specified in the agreement hereinafter referenced to treat sewage <br />which emanates from the lands situate within District's service <br /> <br /> <br />area, but no treatment capacity is available to treat such sewage <br /> <br />in excess of said Grant Eligible Capacity unless funding for the <br /> <br /> <br />construction of such Non-Grant Eligible Capacity (defined in said <br /> <br /> <br />agreement) is separately provided; and <br /> <br />WHEREAS, the City and the District desire to provide: for <br /> <br /> <br />the allocation of Grant Eligible Capacity Rights and Non-Grant <br /> <br />Eligible Capacity Rights to District; for the payment therefor; <br /> <br /> <br />for the allocation of certain temporary and Contingent Capacity <br /> <br />Rights; to regulate the amount of sewage flow and pollutant <br /> <br />characteristics of sewage emanating from the District; and <br /> <br /> <br />otherwise to provide for the transmission, treatment and disposal <br /> <br /> <br />of sewage emanating from District by a new agreement superseding <br /> <br />the aforesaid 1947 agreement; and <br /> <br /> <br />WHEREAS, pursuant to Resolution No. 8172 adopted November <br /> <br /> <br />20, 1978, a prior proposed agreement relating to the same subject <br /> <br />matter as the agreement hereinafter referenced was approved by <br /> <br />the City but not executed by the parties; and <br /> <br /> <br />WHEREAS, the parties desire to enter into an agreement <br /> <br /> <br />providing for the foregoing matters; <br /> <br />2 <br />