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d. Levy and collect the charges severally. e. Apportion funds that the Governing Bodies receive for sewerage based on local - -Deleted: in accordance witn the and regional sewer user charges and system development charges. commission's adopted financial plan _ -Deleted: ¶ 14. Modification and Termination: This Agreement shall continue until modified by ~ <#>Providefundstorcapital improvements to the sewerage unanimous consent of the Governing Bodies. A Governing Body may terminate its system in accordance with the artici ation in the A reement b rovidin one ear s advance notice of termination O Commission's adopted financial plan.¶ II ~ p P 9 Y,p g----Y_--~ i .the other Governing Bodies. If the parties are unable to agree on the division of assets ~ • Formatted_ Boosts and Numbering and liabilities between the parties, the dispute shall be referred to a board of arbitration ~ Deteted:3odayswrittennotioeat for its decision concernin the division. The board shall have five member ~ a'ud a of any timepnortobondauthorization. g ~ ` Thereafter, the Circuit Court of Lane County to be selected by the chief judge of the Court, a ~ • Deleted: must be provided representative of the State Department of Environmental Quality to be selected by the Deleted: , director of the,~epartment, and one representative who has not served on the _ Commission from each governing body to be selected by the respective Governing Detetea: d Bodies. Notwithstanding the preceding language in this Section, neither the City of Eugene nor the City of Springfield may terminate its participation in this Agreement when there is any outstanding obligation due on notes, bonds or other evidence of indebtedness issued by the Commission to finance or refinance capital improvements to the. regional sewerage facilities unless payment thereof has been fully provided for, secured, defeased or otherwise funded. (15. Reconsideration and Mediation: If one or more of the Governing Bodies ~ -Formatted: Bullets and Numbering ) objects to any action proposed or taken by the Commission, including any action taken ~o update or implement the Financial Plan or the 2004 Faculties Plan, the Governing - Deleted: pursuant to Appendix°B° Body objecting to the action shall request that the Commission reconsider- such action by delivering a written request therefor to the Commission. The Commission shall put such action on its agenda for reconsideration at any Commission meeting within 45 days after receipt of the request for reconsideration. Except as provided below, if a Governing Body objects to the Commission's action after reconsideration by the Commission, the Governing Body may refer the matter to a six member mediation . - • Deleted: the ~ committee, two members of which will be appointed by each: Governing Bady (Mediation Committee) .for mediation in accordance with any procedure adopted by~ne, , ~ - Deleted: MetroCp, titan Policy , Committee(MP Mediation Committee. The objecting Governing Body shall provide such administrative support as is necessary to conduct the mediation process: Deleted: MPc_ If a resolution of the matter has not been reached previously, the Mediation Committee . - -Deleted: MPc shall, within 45 days after referral of the matter to$he Mediation Committee, make_a - Deleted: MPc written recommendation for resolution of the matter to the Governing Bodies for their consideration. The Mediation Committee's recommendation shall be advisory only and -Deleted: MPc shall not be binding on the Governing Bodies. Except as provided below, the Commission's action shall take effect only after all Governing Bodies are in agreement. If the action objected to is the Commission's adoption of sewer user ch,~, arg,es t,~ o the . - ~ Deleted: rates extent that such charges are needed to pay the expenses of the operation, ~ ' Deleted: required by 40 CFR 35.929 maintenance. rehabilitation and capital improvements for the'regional sewerage facilities and to meet the principal, interest, coverage requirements and other covenants of all notes, bonds or other evidence of indebtedness issued by the Commission, the recourse of an objecting Governing Body is limited. to submitting the matter to the Commission for reconsideration. If the action objected to is the Commission's adoption 7 (doc.93998)