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e. Establish service area boundaries and provide for adjustment thereto as <br />necessary to ensure that service is provided only to areas within the city limits of <br />Eugene and Springfield (City Limits); to users currently being served or to whom <br />contractual service commitments have been made who are outside the City Limits; and <br />to any other areas outside the City Limits to which service may be extended in <br />conformity with the Growth Management provisions in Chapter Il of the Metro Plan and <br />the Public Facilities and Services Element provisions in Chapter I1~ of the Metro Plan, as <br />amended. <br /> <br /> f. The Governing Bodies will make commitments necessary to assist the <br />Commission in obtaining favorable interest rates and other terms for Bonds approved by <br />the Governing Bodies under ORS 190.080(1). <br /> <br />9. Commissiqn's Liabilities The Governing Bodies shall be obligated to impose, <br />collect and remit to the Commission sewer user charges and system development <br />charges and to comply with the obligations specifically imposed on the Governing <br />Bodies by this Agreement. Except as provided in the preceding sentence, the <br />Governing Bodies shall not be liable for the debts, liabilities or obligations of the <br />Commission. <br /> <br />10. Grants an___...~.._~0_ads: The Commission shall apply for grants and issue Bonds to <br />achieve the objectives of this Agreement and to carry out an adequate program of <br />sewerage within the Urban Growth Boundary. <br /> <br />11. Contracts: The Commission may enter into contracts for technical assistance and <br />for construction of facilities to achieve the objectives of this Agreement and to provide <br />necessary sewerage in the area. <br /> <br />12. The Commission may conduct hearings on complaints from any rate <br />payer who is aggrieved by rules of the Commission, by sewerage ru~es, regulations, <br />policies, or practices of the Governing Bodies, or by any aspect of the sewerage <br />operations of the Governing Bodies. "Rate payer" means any person or entity <br />responsible for the payment of any charge or fee imposed on behalf of the Commission. <br />The Commission sha~ provide in its bylaws for advance notice and for conduct of the <br />headngs~ After the hearing, the Commission shall submit to the Governing Bodies and <br />to the complainant its findings and recommendations regarding the complaint. <br /> <br />13. _Annual Capital Improvement Pr~ The Commission shall prepare <br />an annual and any necessary supplementa~ budgets and CIP in accordance with its <br />bylaws. The Commission may make expenditures or incur obligations only within limits <br />set by the budget and CIP. Except for expenditures that the Commission reasonably <br />determines are necessary to meet Bond covenants and achieve and maintain an <br />unenhanced credit rating of A for the Commission's Bonds from at ~east one nationally <br />recognized rating agency, the Commission shal~ not make any expenditures unti~ the <br />Commission's budget and CIP have been ratified by the Governing Bodies. The <br />Commission sha~l de~iver its recommended budget and CIP, together with its estimate of <br />the rates and amounts that are necessary to fund the recommended budget and CiP, to <br />the Governing Bodies by May 1 of each year. If one of the Governing Bodies objects to <br /> <br />Restated and Amended Agreement- Page 7 of 9 June, 2005 (doc. 102151) <br /> <br /> <br />