8F Consent 2007 0319 - Laserfiche WebLink

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1 forthcoming Fiscal Year. Each Agency hereby agrees to include in each annual budget 2 approved by the governing body of such Agency amounts estimated to be sufficient to 3 pay all such charges and to pay to the Authority within thirty days of receipt of a 4 statement of the Agency's allocated share of the actual Operation and Maintenance 5 Costs for the billing period. The billing period shall be determined by the Commission. 6 The Authority is hereby authorized to take any or all legal actions necessary and 7 permitted by law to enforce the collection of such charges or any other compliance with 8 this Agreement, including, but not limited to, actions or proceedings in mandamus to 9 require each Agency to include the amounts estimated to be necessary in each such 10 estimated annual budget, or to collect such charges from the taxpayers, landowners, or 11 users of any of the Joint Facilities of the Phase I Project. 12 The budget for the first year in which Operation and Maintenance costs are 13 anticipated to be incurred shall establish an Operating Reserve in accordance with the 14 State Water Resources Control Board Revenue Program Guidelines. Annual 15 \ adjustment to the assessment to each Agency for the Operating Reserve for Joint Use 16 Facilities shall be in accordance with the Fixed Costs distribution of Schedule B, 17 attached hereto and made a part hereof. Funds remaining upon reduction or elimination 18 of the Operating Reserve or withdrawal of any Agency shall be returned to each Agency 19 in proportion to its contributions. 20 21 22 Section 16. Distribution of Administrative Costs DurinQ Construction 23 Administrative Costs During Construction shall be allocated to each Agency as 24 set forth in Schedule D attached hereto and made a part hereof. 25 Each Agency shall advance its share of Administrative Costs During Construction 26 in accordance with Section 10 of this Agreement and the monies so paid to the 27 Authority shall be paid out by it in payment of actual costs incurred. Such Funds 28 advanced by the Agencies, contributions or reimbursements from other agencies or 29 entities, and grant funds received from State and Federal Governments shall be 30 deposited in the General Fund and applied to Administrative Costs During Construction. 31 Funds remaining after completion of the acquisition and construction of all of the Phase 32 I Project shall be returned to each Agency in proportion to its contributions. -18-