1364 ARTICLE 4.

Avenue, at the points where the outfall sewer crosses said streets, roads
and avenues as shown in red on the accompanying plat hereto attached,
marked outfall sewer, plat No. 1, etc., said outfall sewer and its works
and appurtenances, the same to be constructed, operated and maintained
as a part of or in connection with said sewerage system. (2) In consid-
eration of the rights and privileges hereby granted, the party of the sec-
ond part shall have the right and authority from time to time, to tap
said outfall sewer for the purpose of disposing of the house sewage and
drainage, as distinguished from storm water drainage, of Highlandtown,
Orangeville and Canton, upon payment to the party of the first part of the
fair cost to the party of the first part of disposing of the sewerage thus
brought into the outfall sewer; the said fair cost to include not only the
actual cost of pumping and disposing of the said sewerage, but also the
pro rata cost of maintaining the disposal plant, to be determined annually
by the Board of Estimates. All work done in connection with said tap-
ping of said outfall sewer shall be at the sole expense of the party of the
second part and shall be under the absolute direction, supervision and
control of the Chief Engineer of the Sewerage Commission, or such engi-
neer as shall be in charge of said system at the time of said tapping. Nor
shall any sewer constructed by or under the authority of the party of the
second part be connected up with said outfall sewer until the same has
been passed upon and approved by the Chief Engineer of the Sewerage
Commission, or such engineer as shall be in charge of said system at said
time, the requirements and restrictions in such cases to be the same as
those imposed in similar cases upon property owners in Baltimore City;
provided, however, that the right to so tap the said outfall sewer upon the
terms above described is subject to the express condition precedent that
this agreement shall be ratified by the General Assembly of Maryland as
hereinafter provided. (3) And in further consideration of the grant of
the rights and privileges aforesaid by the said party of the second part
to the party of the first part, said party of the first part does hereby agree
to present to the General Assembly of Maryland, early in the session of
1908, a bill ratifying and confirming the aforegoing agreements, and fur-
ther agrees to urge the passage of said bill by said General Assembly.
It is further understood and agreed, that said party of the first part, by
executing this agreement, does not admit the legal necessity of securing
from said party of the second part the right and authority thus granted,
but on the contrary, notwithstanding said agreement, claims that full
authority to occupy the public highways of Baltimore County with said
outfall sewer and its works and appurtenances, without securing the assent
of said party of the second part, was granted to it directly by Chapter
349 of the Acts of the General Assembly of Maryland for the year 1904.
It is further understood and agreed, that the police, legislative and gov-
ernmental powers of the General Assembly of Maryland and of the Mayor
and City Council of Baltimore are in no sense attempted to be abridged
or restricted by this agreement.