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Section 3. The Commissioner of DAPC shall have sole <br />discretion in the matter of priority of assignments of such <br />personnel and equipment provided, however, that no undue <br />discrimination shall be imposed auainst either Cleveland or <br />Lakewood which would result in a lower general level of service <br />being provided to one or to the other. <br /> <br /> $~ction 4. DAPC shall report annually to the Board of. <br />Health of Lakewood activities concerning Air Pollution Services <br />within Lakewood as required'by the Board. <br /> <br /> Section 5. DAPC shall collect and use such air <br />pollution related fees as shall be authorized by state, federal <br />or other laws, ordinances, rules or regulations including those <br />which may be adopted by Lakewood. <br /> <br /> Section 6. Lakewood authorizes DAPC to enter into <br />agreements with the Ohio EPA and other governmental and <br />non-governmental bodies to obtain funds to carry out those <br />duties delegated to DAPC to be carried out within Lakewood. <br /> <br /> Section 7. This Agreement modifies and supersedes any <br />and all prior agreements concerning the control of air pollution <br />between Cleveland and Lakewood. <br /> <br /> Section ~. This Agreement may be terminated as of <br />September 30 of any calendar year by either party hereto upon <br />services of written notice of such termination to the other <br />party not less than 180 days prior to the date of termination. <br /> <br /> IN WITNESS WHEREOF, the City of Cleveland by and <br />through its Director of Public Health and Welfare and the City <br />of Lakewood by and through its have affixed <br />their signatures this day of , 1990. <br /> <br />In the presence of: <br /> <br />By: <br /> <br />CITY OF CLEVELAND <br /> <br />Director of Public <br />Health and Welfare <br /> <br />By: <br /> <br />CITY OF LAKEWOOD <br /> <br />Its: <br /> <br />-3- <br /> <br /> <br />