A-1997-025 - Waste Disposal Services

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Superior Court the briefing schedule, and request a hearing date in accordance with the procedures set forth in this Section 4.2(H)_ 5. Within ten (10) days of the dale of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(G), any materials filed or lodged with the Board of Supervisors and the Orange County Waste Management Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Management Commission, the minutes of the Board of Supervisors and the Orange County Waste Management Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Management Commission to adjust the Contract Rate pursuant to this Section 4.2. The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the court. 6. Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed 15 pages in length. 7. Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length. 8. The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(f i)(4), or such other date and time ordered by the court. No evidence other than the Record shall be admitted into evidence or considered at the hearing of the Expedited Rate Determination, and no testimony shall be taken. The hearing shall consist of oral argument and responses to inquiries from the court, as well as the evidence contained in the Record. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. 9. The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff' in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement. 10. The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. The City and the County hereby waive any and all rights of reconsideration or new trial with respect to the court's determination of any of the issues raised in the Expedited Rate Determination, and the City and the County waive any and all rights to appeal the judgment or the determination of any issue raised in the Expedited Rate Determination. Execution Copy 23