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facilities. It is the intent of both parties that by execution of <br /> this Agreement the responsibility of City to provide sewage treatment <br /> services to properties within City shall be transferred to District. <br /> However, nothing contained in this Agreement shall be deemed to <br /> grant, allocate, guarantee or otherwise assure either party that sewage <br /> treatment capacity will be available at any specific time to service <br /> the sewerage needs of all properties located within the service area <br /> boundaries. <br /> It is further understood that any outstanding judgments against <br /> City, or agreements entered into by City, by which City is required <br /> to provide or reserve sewage treatment capacity at City's Plant shall <br /> be provided or reserved from City's allocated capacity of District's <br /> Plant to the same extent that such sewage treatment capacity could <br /> lawfully be required at City's Plant if said Plant were not phased <br /> out per this contract. <br /> SECTION 7. ALLOCATION OF SEWAGE CAPACITY. <br /> The sewage treatment and disposal capacity at the District's <br /> Plant shall be apportioned between the parties as follows: <br /> Capacity (in MGD) District City <br /> Amt. Amt. <br /> Pre 1972 Settlement Agreement <br /> 0 3.25 2.08 (64 1.17 (36 <br /> 1972 Settlement Agreement <br /> 3.25 4.3 (Sold Connections) .66 (63 .39 (37 <br /> 4.3 5.0 .42 (60 .28 (40 <br /> Stage Three Expansion <br /> City's Plant Phase Out <br /> 5.0 7.34 b 2.34 (100 <br /> Additional Capacity <br /> 7.34 8.34 .62 (62 .38 (38 <br /> TOTAL CAPACITY (8.34) 3.78 4.56 <br /> -9- <br />