Item 5: PH on Ordinance Concerning Amendments to Public Facilities and Services Plan

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issued its decision rejecting all of the appellant’s arguments except one and remanded the adoption of the PFSP amendments. The remand was limited in that LUBA directed only that the three jurisdictions describe Project 300 with greater specificity and consider describing Projects 301 and 302 with greater specificity. D. In response to LUBA’s remand, a new Appendix B, which is attached hereto and incorporated herein, has been prepared containing the additional detail and specificity as directed by LUBA, and Ordinance Nos. 20325 and 20326 should be amended by replacing the Appendix B attached to each ordinance with the Appendix B attached hereto. E. The new Appendix B, attached hereto, is based on the record that was before the City Council when it adopted Ordinances 20325 and 20326 in July, 2004. F. The Metropolitan Wastewater Management Commission (MWMC) will be unable to proceed with timely construction necessary to meet the new and more stringent discharge permit requirements imposed by the state Department of Environmental Quality (DEQ) if the revisions to the Metro Plan and the PFSP as effected by Ordinance Nos. 20325 and 20326 and amended herein do not become immediately effective. Section 5 of each ordinance should therefore be repealed, and an effective date established as provided herein. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based on the above findings, which are hereby adopted, Ordinance Nos. 20325 and 20326 are hereby amended by replacing the Appendix B attached to each with the Appendix B attached hereto, which is hereby adopted. Appendix B Page 2