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Item 3: PH on MWMC IGA
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Item 3: PH on MWMC IGA
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6/9/2010 12:44:31 PM
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5/4/2005 3:23:05 PM
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City Council
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Agenda Item Summary
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5/9/2005
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determines are necessa~to meet Bond covenants and achieve and maintain an <br />unenhanced credit ratinq of A for the Commission's Bonds from at least one nationally <br />reco nized ratin a enc . h~ Commi~iog,shall not make an ey~penditures until the <br />Commission's bud~ave been ratified by the Governing Bodies. The <br />Commission shall deliver its recommended budqet and CIP, together with its estimate of <br />the rates and amounts that are necessary to fund the recommended bud~ <br />the Governinq Bodies by May 1 of each year. If one of the Governinq Bodies objects to <br />the recommended budqet, CIP or the rates necessary to fund them, the Governing <br />Body shall make every reasonable attempt to use the reconsideration and mediation <br />process set forth in Section 16 in sufficient time to assure that the Commission has an <br />a roved bud etb Jul 1. <br /> <br />1,~4. Recommendations: Upon recommendation of the Commission, the Governing <br />Bodies shall: <br /> <br /> a. Establish sewerage policies. <br /> <br />b. Provide the personnel and services necessary for the operation and <br />maintenance of the regional sewerage system at the expense of the Commission. <br /> <br /> c. Adopt a system of sewer user charges and Aystem development charqes as ~ _ - ~' Deleted: connection fees. In the <br />~ Section 8.c of this Aqreement. [ case of user charges required by 40 <br /> CFR 35.929, the charges adopted <br /> shall be not less than those <br /> recommended by the Commission. <br /> d. Levy and collect the charges~ - - - ~ Deleted: severally <br /> e. Apportion funds that the Governing Bodg£~c~ive_s for sewerage, between the ~ ~ ~ ~ Deleted: les <br />Governing Body and the Commission in direct proportion to the total charqes that are - - ~r Deleted: in accordance with the <br />imposed by the Governing Body for sewerage on behalf of the Commission and the ~. Commission's adopted financial plan <br />Governin Bcd . <br /> ~ ~ ~ ~ Deleted: ¶ <br />~ Modification and Termination: -I'hi~ Agreement shall contin~ dnt[I modified by / <fi>Provide funds for capital <br />unanimous consent of the Governing Bodies. A Governing Body may terminate its ~ /systemimpr°vements to thein accordanceSeWeraDewith the <br />part~c~pahon ~n the Agreement by~one year's advance nohce of termination,to x~Commission's adopted financial plan."[ <br />the other Governing Bodies. If th~ p~rties ~re d~bl~o agr~ on th~ divisio~ o(~et~ ~; ~ ~. Deleted: 16 <br />and liabilities between the parties, the dispute shall be referred to a board of arbitration ~ Deleted: 30 days written notice at <br />for its decision concerning the division. The board shall have five members; a judge of ,~ any time prior to bond authorization <br />the Circuit Court of Lane County to be selected by the chief judge of the Court, a ,, ~ ~ Deleted:. Thereafter, <br />representative of the State Department of Environmental Quality to be selected by the ~ ~ ~ Deleted: must be provided <br />director of the,p_epartment, and one representative who has not served on the ~ Deleted:, <br />Commission from ~ch ~over~ing ~_od~ ~o b~ selected bythe resp~c{i~ Governing ~ -~ Deleted: d <br />Bodies. Notwithstandinq the precedi~q I~g~g~ ~ ~hi~ Sectio~ ~ Governing Body~h~{ ~ ~ ~ Deleted: g <br />~ated to collect revenue on behalf of the Commission ma~L not terminate its <br /> Deleted: <br /> b <br />participation in this Agreement unless all Bonds have been paid or defeased. <br /> <br />1,1~6. Reconsideration and Mediation: If one or more of the Governing Bodies objects to <br />any action proposed or taken by the Commission, including any action taken ,to ,update <br /> , the Governing Body objecting to <br />the action shall request that the Commission reconsider such action by delivering a <br />written request therefor to the Commission. The Commission shall put such action on its <br /> <br />V: Environ\MWMC\lGA~Agrement.doc ~ ,2005 <br />(doc. 98535) <br /> <br /> <br />
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