Item B - MWMC Agreement - Laserfiche WebLink

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· Strengthen language about collection and remittance of revenues, in response to Financial Advisor concerns and the need to satisfy bond rating agencies. · Remove 30-day notice of termination; leave one year notice requirement; and further restrict Eugene and Springfield from terminating when there is outstanding debt requiring long-term commitment of revenues, unless a provision is made for debt repayment. · Modify the MWMC dispute resolution process to include only representatives of partner agencies rather than the Metropolitan Policy Committee (MPC). · Modify the dispute resolution process to provide that, after the Mediation Committee makes its recommendation, the commission's action takes effect only after all the governing bodies agree, except that the objecting Governing Body's recourse is limited to submitting the matter to the Commission for reconsideration when: 1) the objection is to the commission's adoption of sewer user charges and "such charges are needed to pay the expenses of the operation, maintenance, rehabilitation and capital improvements for the regional sewerage facilities and to meet the principal, interest, coverage requirements of all notes, bonds or other evidence of indebtedness issued by the Commission;" and 2) the objection is to the "commission's adoption of systems development charges to provide funding for the commission' s CIP and associated eligible expenses consistent with state law." Changes also are proposed to Appendix A of the intergovernmental agreement to reflect a revised definition of"regional" wastewater facility. This revision shifts the current definition from an arbitrary pipe size, to a consistently applied concept of"shared flows." The new language establishes a logical ownership pattern whereby components of the overall wastewater collection and conveyance system that serve only Eugene or Springfield are owned and maintained by the appropriate agency. Components that transport or treat wastewater from both Eugene and Springfield are defined as part of the regional MWMC system. This revision reflects the actual practices used by the cities' local sewer programs and the Regional Wastewater Program for many years. COUNCIL OPTIONS 1) Approve the recommended changes to the intergovernmental agreement between Eugene, Springfield, and Lane County for the regional wastewater program. 2) Direct staff to modify the proposed changes to the IGA and return with a modified proposal for City Council approval. 3) Take no action on the proposed changes to the IGA. CITY MANAGER'S RECOMMENDATION Staff recommends adoption of the proposed changes to the regional wastewater IGA. The IGA revisions proposed in Attachment A are the culmination of several years of work reviewing the agreement and determining appropriate changes needed to align it with operational conditions and public policies that have evolved over the past 25 years. The proposed changes have been developed by the Regional Wastewater Program staff, MWMC legal counsel, and the MWMC and Lane County Financial Advisors, and have been reviewed by legal counsel for all three partner jurisdictions. The revisions have been reviewed and endorsed by the Eugene and Springfield Public Works Directors, and L:\CMO\2005 Council Agendas\M050209\S050209B.doc