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AGREEMENTS: <br /> <br />1. Commission: The Metropolitan Wastewater Management Commission, herein <br />referred to as Commission, is hereby established as an intergovernmental entity <br />pursuant to ORS 190.010, 190.080 and 190.085 to function under the authority of this <br />Agreement. The Commission replaced the Metropolitan Sewer Advisory Commission <br />effective February 9, 1977. <br /> <br />2. General Function: The Commission shall construct, operate and maintain the <br />Regional Sewerage Facilities. The Commission shall finance these facilities in <br />accordance with the Commission's Financial Plan. The Commission shall have all the <br />powers allowed to an intergovernmental entity under ORS Chapter 190, as it may be <br />amended from time to time, and any other statute that grants powers to such <br />intergovernmental entities for purposes of carrying out the Specific Functions set forth in <br />Section 3 of this Agreement. <br /> <br />3. Specific Functions: The specific functions of the Commission shall be to: <br /> a. Construct, maintain and operate the Regional Sewerage Facilities. <br /> <br /> b. Facilitate the completion of the process of transferring ownership to the <br />Commission of the Existing Sewerage Facilities as defined in Appendix "A" Section VI. <br />The transfer of ownership process shall proceed in a timely manner as determined by <br />the mutual agreement of the Commission and the Cities of Eugene and Springfield. <br />The transfer of ownership process shall include consideration of the following factors: <br /> <br /> 1. Original source of funds for acquisitions, construction, maintenance, <br />equipment replacement, and major rehabilitation; and <br /> <br /> 2. Achieving equity among regional sewer users within the Urban Growth <br />Boundary. <br /> <br /> c. Salvage abandoned sewerage facilities. <br /> <br /> d. Implement the Financial Plan and annual budget for the Regional Sewerage <br />Facilities. <br /> <br /> e. Recommend to the Governing bodies a schedule of sewer user charges and <br />system development charges for regional sewer services. The Commission's <br />recommendation shall separately set forth: <br /> <br /> 1. The amount that is necessary to meet Bond covenants, together with <br />any additional amount that is necessary to maintain adequate bond ratings and <br />reasonable access to the capital markets; and <br /> <br /> 2. Such additional amounts that the Commission determines is <br />appropriate to adequately fund the actions necessary to perform the Commission's <br />functions under this Agreement. <br /> <br />V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C <br /> <br /> <br />