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

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10. In the parties' opinions, it is not convenient or desirable for anyone of them singly to assume or be granted the responsibility for providing sewerage within the Urban Growth Boundary. The parties do believe that a separate commission should be established for that purpose. 11. The parties adopt this Agreement in compliance with ORS 190.010 and 190.085 to create an intergovernmental entity with the powers described in ORS 190.080. DEFINITIONS: 1. Bonds. Bonds, notes, loans and other borrowings of the Commission that assist the Commission in carrying out the Facilities Plan. 2. CIP. The list of capital improvement projects that is included in the Commission's annual budget and approved annually by the Governing Bodies. 3. Facilities Plan. The Commission's 2004 Facilities Plan as periodically updated pursuant to Section 3.n of this Agreement. 4. Financial Plan. The Commission's 2003 Financial Plan as periodically updated pursuant to Section 3.f of this Agreement. 5. Local Seweraae Facilities. All other publicly owned sewerage facilities within the Urban Growth Boundary. 6. Metro Plan. The Eugene/Springfield Metropolitan Area General Plan as amended from time-to-time. 7. Reaional Seweraae Facilities. That part of the sewerage system, as defined in Appendix "A" of this Agreement, as it may subsequently be modified with the concurrence of the Governing Bodies. The Commission has responsibility for the Regional Sewerage Facilities. 8. Sewaae: The contents of a sewer. 9. Sewer. A conduit to carry off water and wastewater. 10. Seweraae. All or part of a system used for the collection, transmission, treatment and disposal of sewage. 11. Urban Growth Boundarv. The Urban Growth Boundary is the projected geographic area within which a full range of urban services will need to be extended or provided to accommodate urban development as set forth in the Metro Plan. AGREEMENTS: 1. Commission: The Metropolitan Wastewater Management Commission, herein referred to as Commission, is hereby established as an intergovernmental entity pursuant to ORS 190.010, 190.080 and 190.085 to function under the authority of this Restated and Amended Agreement- Page 2 of 9 June, 2005 (doc.1 02151)