The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-01-28

corporation having its existence under
and by virtue of the laws of the state
of Washington, herein duly authorized
by ordinance No. ........, approved
January 49,, 1910, party Of the Sec
ond part; Witnesseth:
That the party of the first part for
and in consideration of the sum of
One Dollar to it in hand paid, receipt
whereof is hereby acknowledged, and
other valuable considerations, and of
the mutual promises, covenants and
agreements hereinafter contained, to
be by the respective parties hereto
and their successors and assigns, kept
and performed; hereby covenants and
agrees for ITSELF its successors and as
signs, with the said party OF the sec
ond part, it's successors and assigns
as follows:
L. That the said party of the first
part shall and will accept, receive,
take full charge and control of and
dispose of, for the full term of ninety
nine years from and after the date
lof the execution Of this agreement,
all sewage and sewage matter of
whatsoever kind and nature which
shall run or flow through the sewer
pipes or sewer systems OF said city,
now constructed and in use or which
shall hereafter be constructed or
placed in use by said city in any
and all parts and portions of said city
and in any and all portions Of said
city that may hereafter be annexed
thereto, together with all surface
water from the streets and alleys of
said city which may hereafter be run
or flow through the sewer pipes or
sewer systems of the said city in any
portion thereof or from any portion
of any additions annexed thereto.
All of said sewage and sewage mat
ter which now flows or shall hereafter
flow through the sewer pipes or the
sewer system of said city in that part
and portion thereof lying and being
north of Mill Creek shall and will be
aces pied, received and taken from said
party Of the second part by said party
of the first part at the point of dis
charge thereof at the westerly limits
of said city. All of said sewage, sew
age matter or surface water which
now flows or shall hereafter flow
through the sewer pipes. or sewer
system of said city, in that part or
portion thereof lying south of Mill
Creek. shall and will be accepted, re-
ceived and taken from the said party
of the second part by the said party
of the first part at the point of dis
charge thereof at or near Rose and
Twelfth streets in said city, the same
being the point where the same is now
delivered to the Blalock Fruit COM
pany.
If the said party of the second part
shall find it necessary to construct
separate and independent sewer sys-
TENS or mains for such portions of the
City of Walla Walla or territory here
after annexed thereto, not now served by
and which it may be impracticable to
connect with the present systems of
sewers, then the first party shall ac-
cept, receive and take all sewageS,
sewage matter and surface water
gathered and conveyed in such sepa-
rate and independent sewer system
at such place as such main shall in
tersect the westerly limits of the City
of Walla Walla, provided however, that
said party of the first part shall not
be compelled or required to construct
the necessary pipe, pipe line or con-
dult to convey and conduct such sew
age, sewage matter and surface water
to it's main pipe, pipe line or conduit
or to it's irrigation canal or lands I'M
til the ordinary flow in any such in
dependent main at the point of dis
charge shall amount to two cubic feet
per second of time And whenever
such flow amounts to two cubic feet
per second of time, said party of the
first part shall forthwith and with
all due diligence construct the ne
cessary pipe, pipe line, or conduit. as
hereinafter provided; and provided
further, until such pipe line or con-
duit is constructed by said first party,
that said party of the second part
shall have the option either to dis
charge such sewage, sewage matter
or surface water into the main pipe
line of the first party at any point,
and for that purpose shall have the
right to tap such main pipe line at
any point, or to dispose of such sew
age, sewage matter or surface water
in any manner it desires.
Said points of discharge shall re-
main fixed during the whole of said
time as located herein unless changed
by mutual agreement by the parties
hereto. Provided. however, that
should said City Of Walla Walla ex-
tend it's limits westerly so as to in
clude any portion of the pipe, pipe
lines. conduts of the said party of
the first part, then the point of de-
livery and acceptance shall be the
point where said pipe lines or conduits
intersect the western limits of said
city and all of the pipes pipe lines and
cOnduitS of the said party of the first
part included within the limits of
said city, shall thereupOn become the
property of said city and subject to
it's control All of said sewage, sew
taken and conveyed by said first party
to it's lands or the lands irrigated by
it's irrigation system, and shall be so
TAKEN conveyed and disposed of as
not to constitute a nuisance either
public or private.
2. That the said party of the first
part, at it's own cost and expense shall
build, construct and maintain from
said points of discharge to the place
of disposal thereof by said first par
ty, vitrified clay, concrete or wood
en- pipe line or conduit sufficient in
capacity to carry and convey from
said points of discharge to said place
of disposal all of the said sewage,
sewage matter and surface water
so delivered by said party of the sec
ond part to the said party of the first
part during the whole of said term,
and shall at it's own expense and cost
procure all necessary rights of way
and privileges therefor. The said
party of the first part shall commence
at once to procure such rights of way
and to construct it's said pipe, pipe
line and conduit from and to the said
points and shall proceed to construct