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Council tables Burke capacity agreement and sewer‑use ordinance pending SRF and contract clarifications
Summary
City staff and legal counsel said SRF loan requirements may require amortization amounts be written into the ordinance rather than referenced in an attached schedule; the council tabled the allocated‑capacity agreement with Burke Marketing Corporation and a related sewer‑use ordinance to resolve those issues and obtain a signed agreement.
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The Nevada City Council voted to table a proposed allocated‑capacity agreement for wastewater services with Burke Marketing Corporation and a related ordinance amending sewer‑use charges after staff and legal counsel raised questions about how the sewer payments should appear for SRF loan compliance.
City staff and legal counsel said the State Revolving Fund (SRF) loan program requires that the amounts Burke will pay toward monthly sewer services be explicitly included in the city’s ordinance rather than only referenced as an amortization schedule in an attached exhibit. Staff argued including the annual/monthly amortization amounts in the ordinance would make the obligation easier to find for future staff and for public review; Burke’s representatives, according to staff, were reviewing the differences between their draft and the city’s proposed rates.
Because staff had not received a fully signed agreement and because there was disagreement over whether the amortization schedule should be embedded in the ordinance, the council moved to table the resolution approving the allocated‑capacity agreement and to table the ordinance until the next meeting. Staff said they expect to bring a signed agreement and clarified language back to the council for action at the next meeting so the city can move forward with rate changes following required readings and publication.
Council members emphasized they want to do what is best for the city’s long‑term interests, and they directed staff to continue negotiations with Burke and with SRF administrators to resolve the ordinance language and to return with an updated, signed agreement.

