12/7/2010 10:54:58 AM
12/7/2010 10:54:57 AM
City of Clive
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RESOLUTION NO. P-63 <br /> RESOLUTION APPROVING CONSENT DECREE 1291/Ale-oL 39 -.2, <br /> WHEREAS, The City of Clive, Iowa is a member of the Des ,3/,381 <br /> Moines Integrated Community Area "ICA and acts in conjunction <br /> with other member municipalities in the construction and finan- <br /> cing of certain wastewater treatment plant improvements for the <br /> benefit of the residents and businesses of The City of Clive, all <br /> as set forth in the ICA Agreements as amended; <br /> WHEREAS, legal counsel representing the ICA communities have <br /> reached an agreement in principal with the United States Depart- <br /> ment of Justice and Environmental Protection Agency in the form <br /> of a Consent Decree which, if approved by all parties, will es- <br /> tablish a judicially enforceable schedule for construction of <br /> such ICA facilities and resolve any and all claims by the United <br /> States arising from the current inability of the ICA communities <br /> to meet the wastewater treatment standards required by the Clean <br /> Water Act, as amended; and <br /> WHEREAS, the terms and conditions of said Consent Decree are <br /> acceptable to this Governing Body. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF CLIVE: <br /> 1. That the terms of the Consent Decree now before this <br /> Governing Body be and they are hereby accepted and agreed to by <br /> this Governing Body, and that the Mayor be and he is hereby <br /> authorized and directed to execute the original copy of said <br /> Consent Decree on behalf of City of Clive upon presentation of <br /> same by legal counsel, with such execution serving to obligate <br /> this Municipality to perform as set forth therein. <br /> 2. That the City Treasurer be and he is hereby authorized <br /> and directed to tender the appropriate amounts required of The <br /> City of Clive under Article X of said Consent Decree to the City <br /> of Des Moines, in its capacity as Operating Agency for ICA, <br /> within the periods provided in such Article. <br /> 3. That the City Clerk be and he is hereby authorized and <br /> directed to certify a copy of this Resolution to the ICA Director <br /> at the earliest practicable date. <br /> PASSED AND APPROVED THIS 07,L DAY OF s 19: <br /> 9i, 4� <br /> F ••o:, =yor <br /> ATTEST: <br /> By: A t. 1. 2 :sue <br /> /.NS <br /> Marjo ie Robe City Jerk <br />
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