NC0000272_ContractTownofCanton_19640228

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,
STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
THIS INDENTURE, made this the day of February,
1964, by CHAMPION PAPERS INC., hereinafter referred to as Champion' ,
l.arty of the first part, and the TOWN OF CANTON, a mantelpa►
corporation, hereinafter referred to an Town party ref the Fecond
part.
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W ITN ESSET Hi
THAT, WHEREAS. Champion owns and operates a treatment
plant (located on its property near Pigeon River, Went of its Canton Plant)
to remove, or treat, waste in connection with eater used in its
tnanufacturing operational and
WHEREAS. under a temporary agreement between the parties
hereto,. Champion hse been permitting the Town to run its sanitary sewer
Into said treatment plant, which arrangements will continue until the
parties hereto have arranged to put the treatment plant In operation under
the terms of thio agreement, which to expected to occur during or after
the month of August, 1964.
NOW@ THEREFORE:, in consideration of ONE DOLLAR
and other good and valuable considerations hereinafter recited, it is
agreed between the parties hereto an followal
1.
The TOwa will provide iacilitiee, at its c+wn expense, t.+
treasure the flow of all wastes to be delivered to the treatment plant of
Champion at such point and elevation aril through such equipment as is
approved by Champion as being cornpatible with its waste treatment
facilities and equipment.
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a.
In periods of dry weather (that is, when no water to getting in
Yny sanitary uswsr lines, at manholes, or otherwise by reason of rain)
the flow of th'a Tt+wn,s waste shall no► exceed six hundred thousand gallons
per day.
The Vwn shalt maintain its sanitary sower system in such a
manner that infiltration during wet ,weather of surface drainage will not
exceed LS16 of the dry weather flow (tine hundred fifty thousand gallons
per day).
t.
No industrial or commercial wastes, in addition to those
presently accepted, will be accepted into the 'Town'e sewage system
without the specific written approval of Champion. ,
S.
The Town shall police its sewer system eo as to prevent
discharge into it, frorn any esource, and eo as to prevent contamination
of the waste by gasoline, crank case drainings and other petroleum oils
and greases or r,ther substances not now being in said sanitary sewer
system which would impede proper treatment of the sewage-
b.
The Town shall, at its own expenee, establish and operate at
its .sewer discharge exit at the Champion plant equipment as approved by
Champion to provide sufficient comminution or screening to prevent the
fouling of Champion's waste treatment equipment.
7.
Cbarr,pion wilt be tinder ne nbligation to provide treatment for
the wastes of the Iowa different from or ►n excess of the trsa"nent
required for its own waste, or to provide terminal chlorination for the
Town wastes before they are discharged to the river.
M

Q.
The Town shall indemnify and hold Champion harmless front
and against any and all claims, suits, darttages, costs, expenses and
attorneys' fees arising front or in any way connected with the disposal
of the Town'■ 9!swags. whether in connection with damages to persona
or property or arising from any action or inaction on the part of the
Town, its officers# agents, servants or employees in connection with
the disposal of ►ts sewage.
9.
The •town shall pay to Champion the,snrn of $360.00.per month;
Payable monthly, for the treatment of its wastes in the manner and to the
extent herein described. In the event of a change in conditions or in the
method or manner of the treatment required to be given, this amount
tray be changed proportionately from time to time.
10.
This agreement is contingent upon its torms being approved
by the proper State or Federal authority having )urledictlott, as
evidenced by a -written statement or statements froth such authority or
authorities that the treatment specified herein is acceptable and
adequate.
11.
The period of this agreement shall be from the date of the
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actual connection of the facilities of the Tvwn to the waste treatment
facilities of Champion and shall continue thereafter until December "31,
1968. and from year to year thereafter; provided, however, that either
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party may terminate the agrectr,ent at any titno upon two years written
nntice given to the other party, upon termination, as herein provided,
neither party shall be liable to the other for any damages by reason of
such termination, and the Town shall disconnect and remove its facilities
at its own cost and expense.
t

ia.
Champion shall not he required to treat wastes an herein set
forth, if prevented from Going the same by any act or thing over which
:t has nu control.
13.
Champion shall have the right to go upon the premisas of the
Town to inspect the Town's sewer lines and related facilities, or to get
information in connection with the performance of this contract.
IN T"TIMONY WHEREOF, CHAMPION PAPERS INC, has
caused these presents to be signed in its corporate name by its duty
authorised officer and the Town of Canton has caused these presents
to be signed in its name by its ,Mayor and attested by its Town Clerk
and its Town Manager, all by authority of its Board of Aldermen duly
given, this the day and year first above written.
Attests
bwp Clesk
Attests
i
Two Manager i
CHAMPION PAPERS INC.
TOWN OJr CANTON
By �`� �l�• 'rc� �P
Mayor
APPRO VZDt
Town Attorney

I, Jimmy Flynn, Town Clerk, do certify that this copy is a true copy
of a contract dated the 28th day of February, 1964,,between Champion Papers
and the Town of Canton, North Carolina.
Jimmy Fl n, Town Clerk
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