Item 3D: Transfer of Water Pollution Control Facility to MWMC

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.. .Ii 11 RESTATED AND AMENDED AGREEMENT METROPOLITAN WASTEWATER MANAGEMENT COMMISSION THIS RESTATED AND AMENDED AGREEMENT was entered into the 5'{.~ day of J(,l(~, 2005 by the City of SPRINGFIELD and the City of EUGENE, municipal corporatie'ns of the State of Oregon, and LANE COUNTY, a political subdivision of the State of Oregon, herein referred to as Governing Bodies. The original Agreement dated February 9, 1977, was previously amended January 4, 1978, February 16, 1982, July 19, 1991 and April 3, 1998 which amendments have been incorporated herein. RECITALS: 1. The Governing Bodies have adopted the plan of land use development known as the Eugene/Springfield Metropolitan Area General Plan and have designated in the plan an Urban Growth Boundary within which urban services may be provided. The Urban Growth Boundary includes the two Cities (urban lands) and certain unincorporated areas surrounding the Cities which lies entirely within the County (urbanizable land). 2. The area within the Urban Growth Boundary, as now or hereafter designated, is a metropolitan area because of its urban character and the close interrelationship between the two Cities and all parts of the area. . 3. The urban character of the area makes high quality sewage treatment necessary. 4. Federal funding policy requires sewage treatment and disposal within the Urban Growth Boundary to be provided on a unified, metropolitan basis. 5. In order to plan for sewerage on a unified basis within the Urban Growth Boundary, the Cities and the County entered into an agreement January 8, 1974, establishing the Metropolitan Sewer Advisory Commission. 6. The Cities have the authority under their charters to provide for all aspects of sewerage, are providing it presently for parties within their respective boundaries, and are concerned that it be provided adequately in their environs so as to prevent health hazards. 7. The County, while not presently providing sewerage, has the authority under its charter to do so, has extensive duties under state laws regarding public sanitation, and is concerned about hazards to public health that arise from inadequate sewerage in the area. 8. Under their Charters and the Oregon Revised Statutes, the Cities and County may cooperate in providing sewerage and may enter into contracts to carry on that function jointly or by transferring the function to one of the governmental units. 9. The Cities and the County are determined to provide sewerage on a unified basis within the Urban Growth Boundary. Restated and Amended Agreement- Page 1 of 9 June, 2005 (doc.102151)