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Agmt 2007 EBDA
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Agmt 2007 EBDA
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Last modified
3/27/2007 3:03:24 PM
Creation date
3/27/2007 3:03:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/15/2007
Retention
PERM
Document Relationships
Reso 2007-035
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br /> <br />forthcoming Fiscal Year. Each Agency hereby agrees to include in each annual budget <br />approved by the governing body of such Agency amounts estimated to be sufficient to <br />pay all such charges and to pay to the Authority within thirty days of receipt of a <br />statement of the Agency's allocated share of the actual Operation and Maintenance <br />Costs for the billing period. The billing period shall be determined by the Commission. <br />The Authority is hereby authorized to take any or all legal actions necessary and <br />permitted by law to enforce the collection of such charges or any other compliance with <br />this Agreement, including, but not limited to, actions or proceedings in mandamus to <br />require each Agency to include the amounts estimated to be necessary in each such <br />estimated annual budget, or to collect such charges from the taxpayers, landowners, or <br />users of any of the Joint Facilities of the Phase I Project. <br />The budget for the first year in which Operation and Maintenance costs are <br />anticipated to be incurred shall establish an Operating Reserve in accordance with the <br />State Water Resources Control Board Revenue Program Guidelines. Annual <br />adjustment to the assessment to each Agency for the Operating Reserve for Joint Use <br />Facilities shall be in accordance with the Fixed Costs distribution of Schedule B, <br />attached hereto and made a part hereof. Funds remaining upon reduction or elimination <br />of the Operating Reserve or withdrawal of any Agency shall be returned to each Agency <br />in proportion to its contributions. <br /> <br />Section 16. Distribution of Administrative Costs DurinQ Construction <br />Administrative Costs During Construction shall be allocated to each Agency as <br />set forth in Schedule D attached hereto and made a part hereof. <br />Each Agency shall advance its share of Administrative Costs During Construction <br />in accordance with Section 10 of this Agreement and the monies so paid to the <br />Authority shall be paid out by it in payment of actual costs incurred. Such Funds <br />advanced by the Agencies, contributions or reimbursements from other agencies or <br />entities, and grant funds received from State and Federal Governments shall be <br />deposited in the General Fund and applied to Administrative Costs During Construction. <br />Funds remaining after completion of the acquisition and construction of all of the Phase <br />I Project shall be returned to each Agency in proportion to its contributions. <br /> <br />-18- <br />
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