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expertise of a SDC consultant and form a citizens advisory committee (CAC) to recommend whether changes shouldbe made to the 1997 Methodology. MWMC also recommended the continued use of the 1997 Methodology and imposition of SDC fees based thereon during the Review Process. F. On July 28, 2003, the Springfield City Council accepted MWMC's recommendation and adopted, by Resolution No. 03-41, a regional wastewater SDC reference data sheet from which the regional SDC fees are derived based on the 1997 Methodology including the required factors such as the use of the 5-year CIP updated to the fiscal year beginning July 1, .2003. G. HBA filed a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA) challenging Resolution No. 03-41. HBA also continued to express intent to reinstitute litigation against the City of Springfield, pursuant to ORS 223.304(6). 1t. It is the intent of the parties that this Agreement resolve the LUBA appeal and the need for other litigation, pending the completion of the Review Process. L To facilitate the settlement o f the dispute, MWMC staff prepared an updated Regional Facilities wastewater SDC reference data sheet using the factors required by the 1997 Methodology updated to the fiscal year beginning July 1, 2002 (Fee Schedule)~ A copy of the Fee Schedule is attached as Exhibit A. J. The Cities of Eugene and Springfield are intended third party beneficiaries of this Agreement. AGREEMENT: 1. In consideration of the mutual promises contained herein, MWMC agrees as follows: 1.1 MWMC will recommend that the Eugene and Springfield City Councils adopt the Fee Schedule effective October 1, 2003. 1.2. MWMC will not recommend a revision to the Fee Schedule before completion of the Review Process refen'ed to in Section 1.3. 1.3. MWMC will contract with an SDC consultant and form a CAC to review the 1997 Methodology and make recommendations to MWMC. The Review Process shall be conducted under the sole direction of MWMC including, but not limited to, the selection of the consultant, the scope of the consultant's work, selection of the members of the CAC, determination as to when the review process is complete and the determination as to whether any modifications should be made to the 1997 Methodology. As part of the Review Process, MWMC will invite HBA to select a person to represent ItBA on the CAC. Settlement Agreement - (doc.71213)