Item B - MWMC Agreement - Laserfiche WebLink

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· Incorporate the regional wastewater 2004 Facilities Plan as the basis for planning and improving facilities, and specify that updates that will be submitted for review and approval by the governing bodies. · Delete the user charge reference to federal regulations (40 CFR 35.929), because previous federal restrictions under the grants no longer apply, and replace it with language ensuring that sufficient user charges will be established to meet debt service requirements in addition to operations, maintenance, etc. · 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 dispute resolution process to provide that, after the Metropolitan Policy 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." Note that the current IGA contains a comparable clause that committed the governing bodies to adopt rates and connection charges that were sufficient to comply with the wastewater grant requirements of the CFR. 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. The City Council of Springfield held a work session on the proposed amendments to the IGA on March 21, 2005. The council approved continuance of the process and an additional meeting, scheduled for April 18, 2005, for the first reading and public hearing on the ordinance related to the proposed amendments to the IGA and the related issuance of the revenue bonds. Final action is scheduled for May 2, 2005. The Lane County Finance and Audit Committee discussed the proposed amendments to the IGA on March 15, 2005. This committee is comprised of Commissioners Anna Morrison and Bill Dwyer, and Jim Gangle, the County Tax Assessor. The County Administrator, who staffs the committee, was not present for the meeting. Lane County legal counsel presented the general concepts of the proposed amendments to the IGA, without a specific recommendation. A number of questions and concerns were raised, but not resolved, pending further information and input from the County Administrator. A follow-up meeting of the Finance and Audit Committee is planned for the week of April 11; however, no meetings have been scheduled for the full Board of Commissioners on this topic. L:\CMO\2005 Council Agendas\M050411\S050411B.doc