12/7/2010 2:31:30 PM
12/7/2010 2:31:30 PM
City of Clive
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RESOLUTION NO. /1 <br /> RESOLUTION APPROVING CONSENT DECREE <br /> WHEREAS, on the 19th day of January, 1989, by Resolution No. <br /> ,Q9 -4) 3 the City Council of the City of Clive, Iowa, ac- <br /> cepted and agreed to the terms of a Consent Decree between the <br /> ICA Constituent Communities, the United States Department of <br /> Justice and the Environmental Protection Agency establishing a <br /> judicially enforceable schedule for construction of certain ICA <br /> Facilities and resolving any and all claims by the United States <br /> arising from the current inability of the ICA Constituent Com- <br /> munities to meet certain wastewater treatment standards required <br /> by the Clean Water Act, as amended; and <br /> WHEREAS, it has come to the attention of the City of Clive, <br /> Iowa, through legal counsel representing the ICA Constituent Com- <br /> munities, that Polk County, Iowa, has refused to execute the Con- <br /> sent Decree previously approved by this City Council pursuant to <br /> the above- referred -to Resolution; and <br /> WHEREAS, said Consent Decree has now been amended to delete <br /> certain references to Polk County from the caption and throughout <br /> the text of the Consent Decree, the inclusion of a reservation of <br /> rights with respect to Polk County, the removal of the Saylor <br /> Creek interceptor project from Attachment A -2, and the inclusion <br /> of a new Attachment C relating to the allocation of the civil <br /> penalties among the ICA Constituent Communities; and <br /> WHEREAS, in light of these modifications, the City Council <br /> of the City of Clive believes that the terms and conditions of <br /> the modified Consent Decree are still reasonably acceptable and <br /> is desirous of accepting and authorizing the execution of the <br /> same. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF CLIVE, IOWA: <br /> 1. That the terms of the Consent Decree, as modified and <br /> now before this Governing Body, be and they hereby are accepted <br /> and agreed to by this Governing Body; and that the Mayor be and <br /> is hereby authorized and directed to execute an original copy of <br /> said modified Consent Decree on behalf of the City of Clive, upon <br /> presentation of the same by legal counsel for the ICA Constituent <br /> Communities, with such execution serving to obligate the City of <br /> Clive to perform as set forth in said Consent Decree. <br /> 2. That the City Treasurer of the City of Clive be and is <br /> hereby authorized and directed to tender the appropriate amounts <br /> required of the City of Clive under Article X of said Modified <br /> Consent Decree to the City of Des Moines, in its capacity as <br /> Operating Agency for the ICA, within the periods provided in such <br /> Articles. (gyp <br /> 3. That Resolution No. ---a,3 passed and approved on <br /> the 19th day of January, 1989, by this City Council, be and is <br /> hereby repealed. <br /> 4. That the City Clerk be and is hereby authorized and <br /> directed to certify a copy of this Resolution to the ICA Director <br /> at the earliest possible date. rr'/� <br /> PASSED AND APPROVED THIS day of l�p�Y�lt.lf sAA 1989. <br /> By: 1t a 1114 <br /> ATTEST: O. Gen. "dox, -yor <br /> I J? <br /> Mar o.ie r'. Rob -rte, City C erk <br />
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