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HomeMy WebLinkAboutResolution No. 4517 'f:)/7 RESOLUTION NO. A RESOLUTION APPROVING MODIFICATION TO INTERGOVERNMENTAL AGREEMENT ON METROPOLITAN WASTEWATER MANAGEMENT COMMISSION. The City Council of the City of Eugene finds that: A. The Metropolitan Wastewater Management Commission ("MWMC") was established pursuant to an Intergovernmental Agreement ("Agreement") entered into between the Cities of Springfield and Eugene and Lane County, Oregon on February 9, 1977. The Agreement was subsequently amended on January 4, 1978, February 16, 1982, and July 19, 1991. B. The Metropolitan Policy Committee ("MPC") has recommended that paragraphs 3.f., 8.c., and 15.c. of the Agreement be amended to clarify the extent to which MWMC can mandate sewer user charges and connection fees; that paragraph 12 be amended to extend appeal rights to any rate payer, as defined therein; and that a new paragraph 17 be added to the Agreement to provide a dispute resolution process. C. It would be in the public interest, consistent with the intent of the parties, and ensure compliance with applicable Federal regulations to authorize the City Manager to execute the amended Agreement on behalf of the City of Eugene. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings, which are hereby adopted, the proposed amendments to the MWMC Intergovernmental Agreement are hereby approved, and the City Resolution - 1 Manager is authorized to execute on behalf of the City of Eugene the amended Agreement, which incorporates all prior amendments thereto, a copy of which is attached as Exhibit A hereto and incorporated herein by reference. Section 2. The City Recorder is requested to forward a copy of this Resolution to the governing bodies of the City of Springfield and Lane County, and to MWMC, for their concurrence, together with an executed copy of the amended Agreement. The foregoing Resolution adopted the ~day of ~997. rr-- ~1t7 City Recorder Resolution - 2 MPC RECOMMENDED CHANGES RESTATED AND AMENDED AGREEMENT METROPOLITAN WASTEWATER MANAGEMENT COMMISSION AMeNDeD JANUARY 4, 1 ~78 THIS AGREEMENT was entered into the 9th day of February, 1977, by the City of SPRINGFIELD and the City of EUGENE, municipal corporations of the State of Oregon, and LANE COUNTY, a political subdivision of the State of Oregon, herein referred to as Governing Bodies. The Agreement was previously amended January 4, 1978, February 16, 1982 and July 19, 1991 which amendments have been incorporated herein. RECITALS: 1. The Governing Bodies have adopted the plan of land use development known as the 1990 General Plan and have designated in the plan a projected urban service area ,...'",.>,.:>..:.... '".-.~,' ...~. -' ~.<; - .. . ~. which includes the two cities and certain unincorporated areas surrounding the cities and which lies entirely within the county. 2. The projected urban service area, as now or hereafter designated, is a metropolitan area because of its urban character and the close interrelationship between the two cities and all parts of the area. 3. The urban character of the area makes high quality sewage treatment necessary. 4. Federal funding policy requires sewage treatment and disposal in the projected urban service area to be provided on a unified, metropolitan basis. 5. In order to plan for sewerage on a unified basis in the projected urban service area, the cities and the county entered into an agreement January 8, 1974, establishing the Metropolitan Sewer Advisory Commission. - 1 - 6. The Eugene-Springfield Metropolitan Area Waste Treatment Management Alternatives plan, which has been prepared for the Lane Council of Governments under Environmental Protection Act Section 208 provisions, shall serve as a basis for developing a unified sewerage system within the projected urban service area. 7. The cities have the authority under their charters to provide for all aspects of sewerage, are providing it presently for parties within their respective boundaries, and are concerned that it be provided adequately in their environs so as to prevent health hazards. 8. The county, while not presently providing sewerage, has the authority under its charter to do so, has extensive duties under state laws regarding public sanitation, and is concerned about hazards to public health that arise from inadequate sewerage in the area. 9. Under their Charters and the Oregon Revised Statutes, the cities and county may cooperate in providing sewerage and may enter into contracts to carry on that function jointly or by transferring the function to one of the governmental units. 10. The cities and the county are determined to provide sewerage on a unified basis in the projected urban service area. 11. In the parties opinion, it is not convenient or desirable for anyone of them singly to assume or be granted the responsibility for providing sewerage to the projected urban service area. The parties do believe that a separate commission should be established for that purpose. DEFINITIONS: 1. Proiected Urban Service Area. The projected urban service area is the estimated geographic area within which a full range of urban services will need to be extended or - 2 - provided to accommodate urban development at any future point in time (such as 1990). (1990 General Plan, Page 12). 2. Sewer. A conduit to carry off water and wastewater. 3. Se~age. The contents of a sewer. 4. Sewerage. All or part of a system used for the collection, transmission, treatment and disposal of sewage~ 5. Regional Sewerage Facilities. That part of the sewerage system, as defined in Appendix A of this Agreement, for which a regional entity has responsibility. 6. Local Sewerage Facilities. All other publicly owned sewerage facilities in the projected urban service area. 7. Equivalent Dwelling Unit. The average sewage load contributed by a single family dwelling. The sewage load for commercial, industrial or other connections may be expressed in terms of equivalent dwelling units. AGREEMENTS: 1. Commission: The Metropolitan Wastewater Management Commission, herein referred to as Commission, is hereby established to function under the authority of this Agreement. The Commission shall replace the Metropolitan Sewer Advisory Commission (MSAC) effective February 9, 1977. 2. General Function: The Commission shall construct, operate and maintain the regional sewerage facilities as described in Appendix "A" of this Agreement, or as subsequently modified with the concurrence of the Governing Bodies. The Commission shall finance these facilities in accordance with an adopted financing plan based on the financing criteria described in Appendix "B" of this Agreement or as subsequently modified with the concurrence of the Governing Bodies. - 3 - 3. Specific Functions: The specific functions of the Commission shall be to: a. Recommend the boundaries of the County Service District to the Lane County Commissioners. b. Construct, maintain and operate regional sewerage facilities. c. Compensate the cities for existing sewerage facilities as defined in Appendix "A". d. Salvage abandoned sewerage facilities. e. Implement a financing plan, annual budget and annual financial statement for regional sewerage facilities. f. Adopt a schedule of sewer serviceuser charges and connection feescharges for regional sewer services. The Commission's adopted user charges shall separately set forth the amount necessary to recover operation, maintenance and replacement costs as required by 40 CFR 35.929 during the 20 year design life of the regional sewerage facilities. Connection fees are to be established pursuant to Appendix B. g. Establish billing and collection systems, if necessary, in locations where such systems are not provided by others. h. Contract with the Governing Bodies for operation and maintenance of the regional sewerage facilities and for other services as necessary. I. Contract for consultant services. j. Provide service only to the Governing Bodies. k. Comply with state and federal standards. I. Adopt minimum uniform standards for pretreatment requirements for industrial and other wastes as necessary. - 4- m. Adopt minimum standards for construction and maintenance of local sewage collection systems. n. Pla'n and make recommendations to the Governing Bodies for expansion and improvement of regional sewerage facilities. o. Take any action necessary or convenient to perform the above functions or other duties as specified elsewhere in this Agreement. No powers or duties related to local annexation or growth policies are granted to the Commission. 4. Membership: The Commission shall consist of seven (7) voting members: a. Each Governing Body shall appoint to the Commission one (1) elected official of that Governing Body. b. The City Council of Eugene, shall appoint two (2) additional members to the Commission. The City Council of Springfield and the Lane County Commissioners shall each appoint one additional member to the Commission. c. Members of the Commission shall serve for the term set by the Commission in its bylaws and at the pleasure of the Governing Body appointing that member. d. A quorum of the Commission shall be five (5) members providing at least one member appointed by each Governing Body is present. Decisions of the Commission shall require a majority vote of the entire membership unless otherwise provided in this Agreement. 5. Bylaws: The Commission shall adopt a set of bylaws governing its conduct. The bylaws shall: a. Establish times and places of meetings. b. Establish a central office for the Commission which shall have a mailing address, - 5 - a telephone and a complete set of records of the Commission, be the main place where information about the Commission can be obtained, and be under the charge of the designated agent of the Commission. c. Prescribe officers of the Commission, including president and other officers to be elected by the Commission from among its members. The president shall see that meetings of the Commission are conducted in accordance with the bylaws. 6. Meetings: Meetings of the Commission shall be held regularly at times and places designated in the bylaws. 7. Functions of Governing Bodies: The Governing Bodies shall continue to perform the following functions: a. Billing and collection of charges. b. Provide local sewage collection (sewers beyond those specified in Appendix "A". ) c. Provide customer contact. d. Establish local annexation and growth policies. 8. Obligations of Governing Bodies: The Governing Bodies shall assume the following obligations: a. Forward to the Commission its share of revenues as specified in the adopted financing plan. b. Adopt, as a minimum, the Commission's standards for construction and maintenance of sewage collection systems and for pretreatment requirements for industrial and other wastes. c. Adopt user charges required by 40 CFR 35.929 in an amount not less than - 6 - .~. ,~'. <C',~ ~. ~':...::-~ ',.....,: " adopted by the Commission. c. Adopt rates and charges not less than those required by the Commission. d. Provide the Commission with an annual report of revenues and expenses related to regional sewerage facilities. e. Establish service area boundaries and provide for adjustment thereto as necessary to ensure that service is provided only to areas within the taxing district; to users currently being served or to whom contractual service commitments have been made who are outside the taxing district; and to any other areas outside the taxing district to which service may be extended in conformity with Fundamental Principle B Growth Management in the Urban Service Area (Pages: II-B-1 through II-B-9) and Public Utilities Services and Facilities, Element G (Pages: III-G-1 through III-G-7) of the Metropolitan Area General Plan, as amended. 9. Capacity: The initial capacity for the sewage treatment plant shall be based on the established population equivalent estimates for the entire metropolitan area. When the sewage loading into the treatment plant becomes 850/0 of the initial design capacity the Commission shall institute a program to expand and/or upgrade the treatment system beyond the initial design capacity. 10. Grants and Loans: The Commission shall apply for grants and loans for funds to achieve the objectives of this Agreement and to carry out an adequate program of sewerage for the projected urban service area. 11. Contracts: The Commission may enter into contracts for technical assistance and for construction of facilities to achieve the objectives of this Agreement and to provide necessary sewerage in the area. - 7 - 12. Hearings: The Commission may conduct hearings on complaints from any rate payerpropcrty o'vvncrs who isare aggrieved by rules of the Commission, by sewerage rules, regolations, policies, or practices of the Governing Bodies, or by any aspect of the sewerage operations of the Governing Bodies. "Rate payer means any person or entity responsible for the payment of any charge or fee imposed on behalf of the Commission. The Commission shall provide in its bylaws for advance notice and for conduct of the hearings. After the hearing, the Commission shall submit to the Governing Bodies and to the complainant its findings and recommendations regarding the complaint. 13. Initial Expenses: The administrative or other expenses of the Commission prior to the adoption of the financial plan and receipt of revenues therefrom shall be borne 63%> by Eugene, 24% by Springfield, and 130/0 by Lane County, subject to budgetary limitations of the Governing Bodies. 14. Budget: The Commission shall prepare an annual and necessary supplemental budgets in accordance with its bylaws. The Commission may make expenditures or incur obligations only within limits set by the budget. The Commission budgets shall not be effective until ratified by the Governing Bodies. 15. Recommendations: Upon recommendation of the Commission, the Governing Bodies shall: a. Establish sewerage policies. b. Provide the personnel and services necessary for the operation and maintenance of the regional sewerage system at the expense of the Commission. c. Adopt a system of sewer userrates and charges and connection fees. In the - 8 - case of user charges required by 40 CFR 35.929, the charges adopted shall be not less than those recommended by the Commission. d. Levy and collect the charges severally. e. Apportion funds that the Governing Bodies receive for sewerage in accordance with the Commission's adopted financial plan. f. Provide funds for capital improvements to the sewerage system in accordance with the Commission's adopted financial plan. 16. Modification and Termination: This Agreement shall continue until modified by unanimous consent of the Governing Bodies. A Governing Body may terminate its participation in the Agreement by 30 days written notice at any time prior to bond authorization. Thereafter, one year's advance notice of termination must be provided to the other Governing Bodies. If the parties are unable to agree on the division of assets . - and liabilities between the parties, the dispute shall be referred to a board of arbitration for its decision concerning the division. The Board shall have five members, a judge of the Circuit Court of Lane County to be selected by the chief judge of the Court, a representative of the State Department of Environmental Quality to be selected by the director of the department, and one representative who has not served on the Commission from each governing body to be selected by the respective governing bodies. 17. Reconsideration and Mediation. If one or more of the Governing Bodies objects to any action proposed or taken by the Commission, including any action taken pursuant to Appendix B, the Governing Body objecting to the action shall request that the Commission reconsider such action by delivering a written - 9 - request therefor to the Commission. The Commission shall put such action on its agenda for reconsideration at any Commission meeting within 45 days after receipt of the request for reconsideration. Except as provided below, if a Governing Body objects to the Commission's action after reconsideration by the Commission, the Governing Body may refer the matter to the Metropolitan Policy Committee (MPC) for mediation in accordance with any procedure adopted by MPC. If a resolution of the matter has not been reached previously, MPC shall, within 45 days after referral of the matter to MPC, make a written recommendation for resolution of the matter to the Governing Bodies for their consideration. MPC's recommendation shall be advisory only and shall not be binding on the Governing Bodies. Except as provided below, the Commission's action shall take effect only after all Governing Bodies are in agreement. If the action objected to is the Commission's adoption of user rates required by 40 CFR 35.929, the recourse of an objecting Governing Body is limited to submitting the matter to the Commission for reconsideration. The Commission's decision on reconsideration shall be final. IN WITNESS WHEREOF, the undersigned, by authority of their respective Governing Bodies have executed the within Agreement thc day and ycar first above ATTCSTDATE: CITY OF SPRINGFIELD, a Municipal Corporation of the State of Oregon By Title: - 10- A TTCSTDA TE: A TTCSTDA TE: Title: CITY OF EUGENE, a Municipal Corporation of the State of Oregon Title: LANE COUNTY, A Political Subdivision of the State of Oregon - 11 - APPENDIX "A" EUGENE-SPRINGFIELD METROPOLITAN SEWERAGE MASTER PLAN This Appendix defines the regional sewerage facilities necessary to provide for the wastewater treatment and disposal needs of the Eugene-Springfield metropolitan area. Service shall be provided only within the projected urban service area. Facilities shall be designed and constructed to that end, but may be constructed either inside or outside the projected urban service area. The facilities shall be an integrated system which in its entirety will comprise the regional sewerage system for the Eugene-Springfield metropolitan area. The regional sewerage system and related activities shall include only the following: I. New Facilities. :"^;'~..t!~ ;'v..,r.~ i';'''~''1~:':; \~ A-A regional sewage treatment facility located at: 410 River Avenue, Eugene, Oregon, 97404. B. All sewers, 24 inches and larger in diameter, required to transport wastewater to the regional sewage treatment facility, including: 1. The "East Bank Interceptor". 2. The "River Road/Santa Clara Interceptors". 3. (Other 24 inch lines or larger, to be defined.) c. Major pump stations, pressure mains and other facilities associated with the regional sewer system described in Section I-B above. II. Existing Sewer Facilities. Appendix A - Page 1 A. The existing sewage treatment facilities owned by the cities of Eugene and Springfield. 8-. The existing gravity sewers, pump stations, pressure mains and other appurtenances owned by the cities of Eugene and Springfield, from the points at which the sewer lines first become 24 inches or larger in diameter to the existing treatment facilities described in Section II-A above. III. Related Activities. The cost-effective sewer rehabilitation of the existing collection systems as defined by the sewer system evaluation surveys. ....'..:;;". "': :. .....-~<_....... APPENDIX "B" EUGENE-SPRINGFIELD METROPOLITAN SEWERAGE FINANCING CRITERIA The Commission shall finance its functions as follows: A. The non-federal share of capital costs associated with the implementation of the sewerage master plan set forth in Appendix A shall be financed by a capital construction bond authorization. The capital construction bond shall be authorized by a district-wide bond election through the use of a county service district. Bonds sold shall be repaid by a uniform district-wide tax. The Governing Bodies agree specifically that the county service district shall be authorized and established to provide regional sewerage facilities by contracting with the Commission to construct, maintain and operate such facilities as set forth in the.8greement. Bond sale proceeds may also be advanced to the Commission to provide interim financing of the federal share of such capital costs when an Environmental Protection Agency grant has been awarded to the Commission to cover such costs; the work associated with such costs has been completed and payment to the contractor therefor has been approved by the Commission; a request for reimbursement of the federal share of such costs has been submitted to the Environmental Protection Agency and timely payment to the Commission's construction contractor would be prevented due to a temporary delay in the availability of federal funds. B. Administrative, operational and maintenances expenses related to regional sewerage facilities shall be financed through a uniform district-wide monthly fee to be levied on all users. C. Outstanding bonded indebtedness for existing facilities of the Cities of Eugene and Springfield described in Appendix A shall continue to be amortized by the respective cities. The Commission shall provide funds to one or both cities for retiring bonds in order to establish equality between all users of the regional sewerage facilities. At such time as the outstanding bonded indebtedness of the cities for existing facilities is satisfied, and equality is established, the ownership of such facilities shall revert to the Commission. D. Connection fees, considering different types of usage shall be levied on all new service connections following the date specified in the detailed financial plan developed by the Commissio.n~ The fee will be calculated annually and will be based upon obtaining equality between the newly connected users and the previously connected users for their total contributions toward the regional treatment facilities. Revenue from the fee shall be used in the manner provided in the detailed financial plan developed by the Commission. E. If current users are outside the taxing boundaries of the County Service District, each shall pay, through a user charge or other method, amounts equivalent to that paid by properties within the taxing district for the regional sewerage system. F. Connection fees, as previously described in liD", for the regional sewerage facilities shall be charged uniformly throughout the service area. G. The Commission may develop other revenue generating techniques with approval of the Governing Bodies. H. Excess revenue generated from fees shall be used to pay expenses and debts of the Commission. In addition, with the approval of the Governing Bodies, the Commission may use excess revenues to establish a reconstruction fund. The Commission shall develop and implement the fee system as soon as practical. The fee structure, anticipated revenues and estimated expenses for the 20 year design life of the regional sewerage facilities shall be adopted by the Commission as the financial plan.