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

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Agreement. The Commission replaced the Metropolitan Sewer Advisory Commission effective February 9, 1977. 2. General Function: The Commission shall construct, operate and maintain the Regional Sewerage Facilities. The Commission shall finance these facilities in accordance with the Commission's Financial Plan. The Commission shall have all the powers allowed to an intergovernmental entity under ORS Chapter 190, as it may be amended from time to time, and any other statute that grants powers to such intergovernmental entities for purposes of carrying out the Specific Functions set forth in Section 3 of this Agreement. 3. Specific Functions: The specific functions of the Commission shall be to: a. Construct, maintain and operate the Regional Sewerage Facilities. b. Facilitate the completion of the process of transferring ownership to the Commission of the Existing Sewerage Facilities as defined in Appendix "AU Section VI. The transfer of ownership process shall proceed in a timely manner as determined by the mutual agreement of the Commission and the Cities of Eugene and Springfield. The transfer of ownership process shall include consideration of the following factors: 1. Original source of funds for acquisitions, construction, maintenance, equipment replacement, and major rehabilitation; and 2. Achieving equity among regional sewer users within the Urban Growth Boundary. c. Salvage abandoned sewerage facilities. d. Implement the Financial Plan and annual budget for the regional sewerage facilities. e. Recommend to the Governing bodies a schedule of sewer user charges and system development charges for regional sewer services. The Commission's recommendation shall separately set forth: 1. The rates and amounts that the Commission reasonably determines are necessary to meet Bond covenants, and to achieve and maintain an unenhanced credit rating of A for the Commission's Bonds from at least one nationally recognized rating agency; and 2. Such additional rates and amounts that the Commission determines are appropriate to adequately fund the actions necessary to perform the Commission's functions under this Agreement. Restated and Amended Agreement- Page 3 of 9 June,2005 (doc.102151) ,! I i @ I I ~ w i R. 1~: f. Update the Financial Plan, as necessary from time to time, so as to provide guidance for the generation of revenue sufficient for the Commission to fulfill its functions under the Agreement. Any update of the Financial Plan shall be designed to promote the following objectives: