Item 4: MWMC Ord.and Res. - Laserfiche WebLink

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will continue their existing role in reviewing such revisions through the annual MWMC budget adoption process. · Delete the outdated provisions for compensation from the three jurisdictions for "initial expenses." · Move some sections of text for better organization, without modifying intent. Additional modifications to the IGA are being proposed that reflect the recommendations of MWMC's Financial Advisor in consultation with the Lane County Financial Advisor and the Bond Counsel for Eugene (and now MWMC). The drafting of those changes was facilitated by MWMC legal counsel in collaboration with the legal counsels for all three partner jurisdictions. One of the recommended changes, described in the last bullet point below, limits the individual governing bodies' right to adopt regional user rates and systems development charges less than those recommended by the commission in certain situations. The language was recommended by the Financial Advisor and the Bond Counsel to strengthen the assurance that adequate rates and fees will be established to cover long-term borrowing by the commission, and that revenues will be collected and forwarded to MWMC. Adoption of the recommendations is necessary to satisfy the concerns of the bond market and position the MWMC to attract bidders and sell revenue bonds at the lowest cost to the regional sewer customers. Proposed modifications to the IGA in this respect include: · Incorporate the regional wastewater 2004 Facilities Plan as 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 the objection is to the commission's determination of rates and amounts pursuant to Section 3.e. 1. 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. · Provisions were also added to Section 13 to facilitate adoption of the MWMC budget by the start of the fiscal year (July 1). 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. L:\CMO\2005 Council Agendas\M050523\S0505234.doc