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Attachment D <br /> <br /> SETTLEMENT AGREEMENT <br /> <br />PARTIES: <br /> <br />Home Builders Association of Lane County, <br />an Oregon nonprofit mutual benefit corporation, (HBA) <br />2053 Laura Street <br />Springfield, OR 97477 <br /> <br /> And <br /> <br />Metropolitan Wastewater Management Commission, <br />an Oregon intergove~, ental agency, (MWMC) <br />225 5th Street <br />Springfield, OR 97477 <br /> <br />RECITALS: <br /> <br /> A. IvlWMC was created in 1977 by an intergovernmental agreement (iGA) <br />between the cities of Eugene and Springfield and Lane County (collectively the <br />Governing Bodies). Pursuant to the IGA, MWMC is respons~le for the design, <br />construction, operation and maintenance of regional sewerage facilities for the <br />Eugene/Springfield metropolitan area (Regional Facilities). Other MWMC functions <br />include the adoption of a schedule of user charges and connection fees for regional sewer <br />services. Connection fees (also known as System Development Charges or SDCs) are to <br />be charged to all neW sewer connections and are calculated annually. MWMC calculates <br />and recommends the mount of the user charges and connection fees for the Regional <br />Facilities to the Governing Bodies which adopt, impose, and collect them in their <br />respective jurisdictions. <br /> <br /> B. During 1996 & 1997, MWMC developed a methodology pursuant to <br /> which regional wasteWater SDCs were to be calculated. The Cities of Eugene and <br /> Springfield adopted the Methodology in 1997 (1997 Methodology). <br /> <br /> C. Almost 6 years later, MWMC recommended that the Cities modify thc <br /> 1997 Methodology to specify the use of a 10-year capital improvement plan (Modified <br /> Methodology). The proposed modification went before the Eugene City Council in <br /> January 2003. I-IBA objected to the proposed modification and later threatened to file <br /> suit under the Writ of Review process, pursuant to ORS 223.304(6). <br /> <br /> D. Due to the concerns raised by HBA, IvlWMC staffwas asked to review the <br /> Modified Methodology. After conducting the review, staff recommended that the 1997 <br /> Methodology remain in place until a comprehensive review process could be completed. <br /> <br /> E. On June 19, 2003, MWMC directed staff to undertake a comprehensive <br /> review (Review Process) of the 1997 Methodology. The Review Process will utilize the <br /> <br /> Settlement Agreement - (doc.71213~- <br /> <br /> <br />