HomeMy WebLinkAboutItem B - MWMC AgreementEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: An Ordinance to Adopt Modifications to the Metropolitan Wastewater
Management Commission Intergovernmental Agreement
and
A Resolution to Approve Issuance of Revenue Bonds by the Metropolitan Wastewater
Management Commission
Meeting Date: April 11, 2005 Agenda Item Number: B
Department: Public Works Staff Contact: Peter Ruffler
www. cl. eugene, or. us Contact Telephone Number: 682-8606
ISSUE STATEMENT
The regional wastewater program is managed under an intergovernmental agreement between the cities
of Eugene and Springfield and Lane County. Changes to this agreement are being proposed to align it
with operational conditions and public policies that have evolved in the wastewater program over the
past 25 years of the agreement, and to incorporate recommendations that will facilitate the issuance of
revenue bonds by the Metropolitan Wastewater Management Commission in support of the regional
wastewater 2004 Facilities Plan and related capital projects.
BACKGROUND
The Metropolitan Wastewater Management Commission (MWMC) was established in 1977 by
intergovernmental agreement (IGA) between Springfield, Eugene, and Lane County. The IGA outlined
the roles and responsibilities of the three partner agencies and the MWMC in providing for regional
wastewater services, and included two appendices. Appendix A defined the regional sewerage facilities
necessary to serve the wastewater treatment and disposal needs of the Eugene-Springfield area, and
Appendix B set forth the regional program' s financing criteria. A related Operations, Maintenance, and
Administrative Services Agreement defined the scope and responsibilities of Eugene and Springfield for
operating and maintaining the regional sewerage facilities, and providing administrative services to the
MWMC (including financing and capital program management).
The IGA and Operations, Maintenance, and Administrative Services Agreement have previously been
amended, the last amendment being in April of 2001.
The council held an informational work session on this topic on February 9, 2005. A draft of the
proposed amendments to the intergovernmental agreement was not available for the work session due to
the ongoing review by financial advisors and bond counsel. This review has resulted in further
refinement of the amendments needed to modify the financial aspects of the agreement to enable the
MWMC to issue revenue bonds to fund construction of treatment plant upgrades set forth in the
approved 2004 Facilities Plan.
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During its discussion of the IGA at the February 9, 2005, work session, the council raised a few
questions and made a few requests of staff. The proposed amendments to the IGA would have separated
the dispute resolution process from the Metropolitan Policy Committee (MPC) and assigned it to a
dispute resolution body comprised of members selected by the MWMC partners. The council
questioned this proposed change, and indicated a preference to retain the MPC as the dispute resolution
body. The proposed change to the dispute resolution process has been deleted from the final draft IGA,
leaving the MPC as the formal dispute resolution body.
The council also discussed potential implications of the proposed IGA amendments relative to the issue
of Coburg' s request to connect to the regional wastewater system. In this respect, the council requested
that Coburg be provided a courtesy copy of the final draft IGA.
The council is scheduled to consider the amendments to the IGA and issuance of revenue bonds by
MWMC again on May 9 and to hold public hearings on the ordinance and resolution on that date. Final
action on both the ordinance and the resolution is scheduled for May 23, 2005.
Financial and/or Resource Considerations
The regional wastewater program is supported by user fees, which are established annually by the
MWMC and reviewed and ratified by the City Councils of Eugene and Springfield, and the Lane County
Board of Commissioners. Capital projects are also supported by revenue from systems development
charges (SDCs). The proposed changes to the IGA do not directly affect these rates, but they improve
and strengthen the agreement for the bond market and give the MWMC the ability to offer revenue
bonds that will be competitive in the market. The most cost-effective financing for the regional
wastewater projects is a combination of user fees, SDCs, and bond proceeds. Without the ability to
obtain competitive bond rates, the commission would have to consider raising user rates in the next
fiscal year, possibly by as much as 65%, to generate the necessary revenues.
The 2004 Facilities Plan outlines a schedule for construction of the capital improvements necessary to
maintain the needed wastewater treatment capacity and capability. This schedule, if followed, allows
MWMC to maintain compliance with the current discharge permit and anticipated future needs of the
Eugene/Springfield communities. Adhering to the Facilities Plan construction schedule for the next five
years is crucial if the MWMC is to comply with a deadline of 2010 set by the Oregon Department of
Environmental Quality (DEQ) to prevent wastewater overflows during specified storm events. Delays
in the construction schedule will result in any or all of the following consequences: 1) increased costs of
construction; 2) increased costs due to enforcement actions taken by the DEQ or the Environmental
Protection Agency (EPA) or both; 3) increased costs from defending MWMC and the partner agencies
from regulatory enforcement actions and/or third party law suits; 4) threats to public health and safety
caused by sewer overflows, which are projected in the next few years but will be controlled by
constructing the planned improvements according to the Plan schedule; 5) the establishment of a
potential requirement that significant industrial users reduce or curtail their discharges during times of
peak flows at the plant; and 6) the potential denial of new connections based on inadequate wastewater
treatment capacity within regulatory guidelines.
Timing
The timing of required capital improvements to the regional wastewater facilities is set forth in the 2004
Facilities Plan. The CIP schedule starts in 2005 and includes an extensive list of projects and activities
that must be undertaken to meet the objectives, with the scheduled pace of construction and issuance of
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approximately $35,000,000 in revenue bonds in September of 2005, and a total of about $100,000,000
over a five-year period.
The regional wastewater sewer user rate established by MWMC to cover operations, capital
improvements and debt service is proposed to increase by 6% in fiscal year 2005-2006, an increase
which equates to about 70 cents per month on an average residential sewer bill. Without the timely
issuance of revenue bonds it would require at least a 65% increase in user rates to generate sufficient
funds to support the CIP, which equates to an increase of over $7.00 per month on the average
residential user's monthly bill.
RELATED CITY POLICIES
The proposed amendments to the regional wastewater IGA are supported by, and promote progress
towards achievement of, several of the council's goals.
HEALTHYNATURAL AND BUILTENVIRONMENT: The regional wastewater program protects
public health and the environment through the efficient collection and treatment ofwastewater
generated by the community. Changes are proposed that are necessary to enable the issuance of
revenue bonds that are needed to support the 2004 Facilities Plan capital improvement projects. The
Facilities Plan identified the capital needs necessary to maintain protection of public health and the
environment, to prevent wastewater overflows, and to provide adequate treatment to comply with
Federal and State pollution control limitations. An inability to raise revenues necessary to
implement the 2004 Facilities Plan, as approved by the Eugene City Council as well as the elected
officials of Springfield and Lane County, will result in a high likelihood of environmental impacts
and threats to public health.
SUSTAINABLE COMMUNITY DEVELOPMENT: Wastewater collection and treatment are essential
community services, and the ability of a community to grow and prosper depends upon adequate
treatment capacity and capability. The projects contained in the approved Facilities Plan are
necessary to ensure that there continues to be adequate capacity to handle the wastewater flows, and
sufficient capability to control pollutants, for the anticipated future growth and development needs of
the community.
EFFECTIVE, ACCOUNTABLE MUNICIPAL GOVERNMENT and FAIR, STABLE AND
ADEQUATE FINANCIAL RESOURCES: The intergovernmental agreement for the regional
wastewater program has operated effectively for over 25 years, and the proposed amendments will
help the program to continue to be a model of effective, cooperative efforts among the local
governments for provision of this essential service. The changes also give the MWMC the ability to
cost-effectively generate the revenues necessary to provide wastewater services that meet the needs
of regional sewer users. (MWMC's only customers are the governing bodies.)
OTHER BACKGROUND INFORMATION
The proposed amendments to the intergovernmental agreement for the Metropolitan Wastewater
Management Commission are presented in Attachment A (which is in legislative format) and
Attachment B (which is a clean copy for better readability). These amendments are the culmination of
several years of work reviewing the agreement. The scope of the review initially included only changes
to align the IGA with changes in operational and physical sewerage system conditions and public
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policies, which have evolved over the past 25 years. With the adoption of the 2004 MWMC Facilities
Plan, review of the IGA was necessarily expanded to support implementation of the Facilities Plan and
enable the use of low-cost financing mechanisms needed to serve the metropolitan area for the next
twenty years.
The majority of the changes proposed in the IGA are related to the need for periodic updates to reflect
current operational practices, adopted plans, and metro-wide policy documents. These modifications do
not reflect or implement any changes in the relationship or authorities between the governing bodies and
the MWMC. The modifications will result in an agreement that is aligned with administrative and
operational practices and that is consistent with current regional planning policies and terminologies.
Proposed modifications to this end include:
· Update the language to reflect adopted Metro Plan terms and policies.
· Update the financing guidance by deleting Exhibit B (which refers to the 1992 Financial Plan, the
County Service District and General Obligation bonding) and replace it with MWMC's 2003
Financial Plan (including the financial policies and revenue bonding strategy). Move relevant
financial management guidance from Exhibit B into the main body of the IGA.
· Change the directive from "compensating" the cities for the regional facilities to "facilitating timely
transfer of ownership," with the same consideration of funding equity among all sewer users that
currently exists.
· Eliminate provisions referencing triggers for planning to expand capacity (Section 9 of the IGA),
because the 2004 Facilities Plan and its updates replace the need for this provision. As
recommended, the changes continue the requirement of obtaining governing body approval for the
partial and comprehensive facility plan updates that are scheduled at five-year intervals during the
planning period. The recommended changes also allow MWMC to make other relatively minor
revisions to the facility plan, such as the annual updates to the regional CIP, without governing body
approval. Notwithstanding these recommended changes to the IGA, however, the governing bodies
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 revenue 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:
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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.
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The final position of the County Board of Commissioners on amending the IGA is highly uncertain.
Amending the IGA requires consensus of all parties to the agreement; therefore, if the County does not
accept the amendments, the IGA remains as it is currently written. In this eventuality, the MWMC
would not be able to utilize revenue bonds as the most cost-effective mechanism for raising the revenue
necessary to implement the 2004 Facility Plan and would have to turn to higher cost options, which
include substantial user rate increases or higher interest borrowing. It is unclear, given the out-of-date
nature of the IGA and potential conflicts with the County, whether any external borrowing (even at
higher interest rates) would be possible. Should the County not agree with the two cities on the need
and language for amending the IGA, the cities have the option of terminating their participation in the
agreement, by providing one year's advance notice of termination to the other governing bodies. If the
County Board of Commissioners was willing to withdraw from the MWMC, the change could be
handled as an amendment to the existing IGA and potentially could happen fairly quickly. If the County
were not a willing partner in such a change, the dissolution of MWMC and subsequent reformation of an
agreement for management of the regional wastewater program could take a year or longer. It is
uncertain what the budget/fiscal status of the regional wastewater program would be during the process
of reformulating the agreement.
COUNCIL OPTIONS
1. Approve the recommended changes to the intergovernmental agreement between Eugene,
Springfield, and Lane County for the regional wastewater program, the related ordinance for the IGA
and the resolution to approve issuance of revenue bonds by MWMC.
2. Direct staff to modify the proposed changes to the IGA and return with a modified proposal for City
Council approval.
3. Take no action on the proposed changes to the IGA.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends adoption of the proposed changes to the regional wastewater IGA and
approval of issuance of the revenue bonds by MWMC.
SUGGESTED MOTION
None; this is a work session only.
ATTACHMENTS
A. Revised Intergovernmental Agreement in legislative format
B. Revised Intergovernmental Agreement - clean copy
C. Ordinance
D. Resolution
FOR MORE INFORMATION
Staff Contact: Peter Ruffler
Telephone: 682-8606
Staff E-Mail: peter.j.ruffler~ci.eugene.or.us
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ATTACHMENT A
RESTATED AND AMENDED AGREEMENT
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
THIS RESTATED AND AMENDED AGREEMENT was entered into the 9~ day of
,l:nk,..~,, ....... ~,..,, Y, '1077, .,,, ,2005 by the City of SPRINGFIELD and the 6City 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 ori.qinal Agreement dated Februar 9 l~L~Z~was previously amended January 4,
1978, February 16, 1982, and-July 19, 1991;and A ril 3 1998 which amendments have
been incorporated herein.
RECITALS'
1. The Governing Bodies have adopted the plan of land use development known as
the 4 oon C~-c~nc~rol ' '
............ ~fleld Metropolitan Area General Plan and have
designated in the plan ~an Urban Growth Boundary within which urban
services ma~rovided. The Urban Growth Boundary ~=~ includes the two
6Cities (urban lands)_and certain unincorporated areas surrounding the 6Cities and
which lies entirely within the 6County (urbanizable land).
2. The ~eje6te61area within the uUrban ~Growth Boundary, as now or
hereafter designated, is a metropolitan area because of its urban character and the
close interrelationship between the two 6Cities 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 within ther-,'"r'";""t"'4-'J'-'--,'-"- uUrban_
~'r";"~' the 6Cities and the 6County entered into an agreement
Growth Boundan/ ....... area,
January 8, 1974, establishing the Metropolitan Sewer Advisory Commission.
7-6. The 6Cities have the authority under their 6charters 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.
87. The 6County, while not presently providing sewerage, has the authority under its
(;charter to do so, has extensive duties under state laws regarding public sanitation,
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and is concerned about hazards to public health that arise from inadequate sewerage in
the area.
98. Under their Charters and the Oregon Revised Statutes, the 6Cities and 6County
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.
~,O9. The 6Cities and the 6County are determined to provide sewerage on a unified
basis in the projected urban service area.
~-10. In the parties'_ opinions, it is not convenient or desirable for any one of them
singly to assume or be granted the responsibility for providing sewerage te4he
pr~within the uUrban secviee~reaGrowth Boundary. The parties do believe that a
separate commission should be established for that purpose.
11. The parties adoptt this Agreement in compliance with ORS 190.010 and 190.085 to
create an interqovernmental entity with the powers described in ORS 190.080.
DEFINITIONS'
aam /~aan ~_ ..... , D,o,-, Do,-,~ ~0~ Bonds. Bonds notes loans and other
borrowings of the Commission that assist the Commission in carryjog out the Facilities
Plan.
2. CIP. The list of ca~rovement rpz0jects that is included in the Commission's
annual budqet and a~j:)roved annually~ybb the Governing Bodies.
3. Facilities Plan. The Commission's 2004 Facilities Plan as periodically~lodated
pursuant to Section 3.n of this Agreement.
4. Financial Plan. The Commission's 2003 Financial Plan as periodicall~L~pdated
pursuant to Section 3.f of this Aqreement.
5. Local Seweraqe Facilities. All other ~ owned sewerage facilities within the
urban growth boundar~
6. Metro Plan. The Eu~field Metropolitan Area General Plan as amended
from time-to-time.
7. Regional Sewerag¢_ Facilities. That part of the sewera e s stem as defined in
Apj~endix"A" of this A reement as it ma subse uequ~o~Jyltl be modified with the
concurrence of the Governinq Bodies. The Commission has responsibility for the
~¢~qional Sewerag¢_ Facilities.
8. Sewage.' The contents of a sewer.
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2-9. Sewer. A conduit to carry off water and wastewater.
4:.1_.~0. Sewera,qe. All or part of a system used for the collection, transmission, treatment
and disposal of sewage.
I r~ol (~C~XA,C~rOF~C~ I~o~ilifiC~O All r~fF~c~r r~,
11. Urban Growth Boundar~rowth boundar~ected
eog~0~E~phic area within which a full ranAe_ of urban services will need to be extended or
provided to accommodate urban development as set forth in the Metro Plan.
AGREEMENTS'
1. Commission: The Metropolitan Wastewater Management Commission, herein
referred to as Commission, is hereby established as an intergovernmental entit_~
pursuant to ORS 190.010 190.080 and 190.085 to function under the authority of this
Agreement. The Commission~qll replaced the Metropolitan Sewer Advisory
Commission ~ effective February 9, 1977.
2. General Function: The Commission shall construct, operate and maintain the
~Regional sSewerage fFacilities as '~ .... ~"~'~ ~
°"~ ....... *' .... ~ '~'~*~ *~ ..............~ *~ ~ ...... ~ ~ The Commission
shall finance these facilities in accordance with o~
~a;¢;~a '";*k *k .............. ¢ *k~ ~ ...... ;"~ ~a;~"*~ Commission's Financial
Plan. The Commission shall have all the powers allowed to an interqovernmental entity
under ORS Cha ter 190 as it ma be amended from time to time and an other statute
~owers to such interqovernmental entities for ~oses of carr~ out the
~ecific Functions set forth in Section 3 of this Agreement.
3. Specific Functions: The specific functions of the Commission shall be to:
ha. Construct, maintain and operate the ~Regional sSewerage fFacilities.
"A".b. Facilitate the completion of the process of transferrinq ownership to the
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Commission of the Existinq Sewera e Facilities as defined in A endix "A" Section VI.
The transfer of ownershil~process shall ]proceed in a timely_ manner as determined ~
the mutual agreement of the Commission and the Cities of Eugene and S r~iLqgfield.
The transfer of ownership~orocess shall include consideration of the following factors:
1. Original source of funds for ac ~struction maintenance
e~lujpment re lacement and ma'or rehabilitation~ and
2. Achievin e uit amen re ional sewer users within the Urban Growth
Boundar~
dc. Salvage abandoned sewerage facilities.
ed._ Implement a ~;"'o"'";""-',,, ,,.., ,..,, ,~ plan,the Financial Plan and annual budget ,..,o""~,,~ ,..,o"'"',,, ,.~,.., ,o~
financial statement for the reqional sewerage facilities.
to the Governinq bodies a schedule of sewer user charges and ~stem development
~es for regional sewer services. The Commission's recommendation shall
~ set forth:
1. The amount that is necessar to meet Bond covenants to ether with
a~A additional amount that is necessary_to maintain adequate bond ratingA and
reasonable access to the capital markets; and
2. Such additional amounts that the Commission determines is
ad~zgpriate to ade~fund the actions necessary~cd;)erform the Commission's
functions under this Aqreement.
rovide
guidance for the generation of revenue sufficient for the Commission to fulfill its
functions under the Aqreement. Any~pdate of the Financial Plan shall be desiqned to
promote the followincj~bjb'ectives:
1. Establishing revenue ade uacqAaAv~to rovide for long-term health and
stabilitA of the regional seweraqe facilities throu h ag~Ap!~ram of monthly sewer user
charges and ~stem development charqes that are imposed uniforml ty~b~0~ghout the
service areal
2. Fully funding the needs for e uq~pment replacement and ma'olor
rehabilitation to address the Ion~reservation of the Reqional Sewerage Facilities
~ital assetsL
3. Fully fundin a.~j~/cgram of ca~rovements to address ca acpc~ity~
and efficiency/effectiveness needs;
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4. Promotin eg~g~E~ between newly_ connected and Loreviously_ connected
users for their total contributions toward the Regional Sewerage_ Facilities;
5. Promotin eg~g~i~/between various classes of users based on the
volume stren th and flow rate characteristics of their dischar esg~AAggto ether with any other
relevant factors identified bv the Commission;
6. Ensuring efficient and cost-effective financial administration of the
~e~qional Sewerage_ Facilities;_ and
7. Com~licable laws and requlations includinq those
governing the establishment of user charqes and the establishment of s~vstem
development char eg~Aj)ursuant to ORS 223.297 et secL.
g. Establish billing and collection systems, if necessary, in locations where such
systems are not provided by others.
h. Contract with the Governing Bodies ~riate for operation and
maintenance of the ~Regional sSewerage fFacilities administrative services for the
Commission 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.
m. Adopt minimum standards for construction and maintenance of local sewage
collection systems.
.... F ........... ~rove the ~Regional s_Sewerage f_Facilities~oursuant to the
Commission's Facilities Plan. Changes in the Facilities Plan made b~ the Commission
that result from what are described as the Partial or Comprehensive ~dates scheduled
for 2010 2015 2020 and 2025 in the 20-Year Pro'ect List will be submitted to the
Governing Bodies for review and ~roval. The scheduled ~dates shall be submitted
at least 6 months in advance of the antici~roval date and shall be accom~oanied
~_~ an estimate of the effect the u~odate may_ have on sewer user charqes and s~stem
development charges. All other chanqes to the Facilities Plan mavI be made ~_v_the
Commission without referral to the Governinq Bodies unless the Commission estimates
that they will increase either sewer user char es~stem development char es~b 5°,4
or more. In that event the ro osed change_ to the Facilities Plan shall be submitted to
the Governinq Bodies for review and ~roval in accordance with the above procedure
for scheduled ~dates exce t that the ro osed change shall be submitted at least 90
~ in advance of the antici~roval date.
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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.
__ . Issue Bonds as rovided in ORS 190.080 or as otherwise allowed under state
eration of the Reqional Sewerag~
Facilities and the imposition of sewer user charqes and s~vstem development charqes
that are intended to secure favorable interest rates and other terms for the Bonds.
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, 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. Meetin,qs: Meetings of the Commission shall be held regularly at times and places
designated in the bylaws.
7. Functions of Governinq Bodies: The Governing Bodies shall continue to perform
the following functions:
a. Billing and collection of sewer user charges and ~stem development charges.
User charges will be billed and collected monthl .y~yS stem development
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charges will be billed and collected ~ene and S r~dogfield in accordance
with state law.
b. Provide local sewage collection (sewers beyond those specified in Appendix
c. Provide customer contact.
d. Establish local annexation and growth policies.
8. Obli,qations of Governinq Bodies: The Governing Bodies shall assume the
following obligations:
finon,".in,'~ r',lon [=~r,h month remit to the Commission all revenues that are collected
b~the Governin~on behalf of the Commission. Efforts to collect delinquent
accounts will be consistent with the policies and practices for the collection of
delinquent accounts for other utilit c~Lg~czges due to the Eugene Water and Electric
Board for such revenues collected ~ene and the ~field Utility_ Board for
such revenues collected ~field. If Lane County collects revenue on behalf
of the Commission Lane Count will use delinquent account collection policies and
practices that are similar to those used ~3~ the Eugene Water and Electric Board
and the ~field Utility_ Board.
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 sewer user charges ..... ;r,~,4 h,, ,4n CFR '~ QOQ i......... t- n,.-.d- I~
t-hon o,-I~nt-~,-I k,/ t-h~ ¢'~mmi~i~n ~nr,I s~vstem development charges and impose
those charqes on behalf of the Commission in amounts not less than those
recommended b~ the Commission to the extent that such charqes are necessary
to meet Bond covenants together with any additional amount that is necessary toto
maintain adequate bond ratinq~ and reasonable access to the capital markets.
~ection to the amount of such sewer user char escj~¢ZA~stem development
charges shall be resolved pursuant to the third ~ of Section 16 of this
Agreement. Additional sewer user charges and s~vstem development char escj~m~
be adopted as deemed reasonable ~ the Governing Bodies.
d. Provide the Commission with ~~eriodic reports of revenues
and expenses related to ~Regional sSewerage fFacilities.
e. Establish service area boundaries and provide for adjustment thereto as
necessary to ensure that service is provided only to areas within the tax-ic~g
,,,,,,,'4~o*r~"*,'~t,,,,.,,,,,,y limits of Euqene and Sprin,qfield (City Limits); to users currently being
served or to whom contractual service commitments have been made who are
r4i~frir-f ' ' ' ·
outside the taxing ........ ~, and to any other areas outside the tax4r~
,,,.,,,'4~o+~"+e~t,,,,..,~ Limits to which service may be extended in conformity with
V: Environ\MWMC\lGA~Agrement. doc 7 April d, ~~ 2005
(doc._8306098535)
!! B ! ,k ..... k !! B 9) °.,,4 ~..h.,- I I*um,~o ~ .... ~ ..... ,4 =o,-~lm,~o cl .... * ~_
~,,.~1 I~.,~ I ~,.~1,.~11'~,.,~ '~,.~l. llll. l%.~.~ '~,.,~%.~1 V I'~,.,~%.~..~ ~,,.~1 I~.,~ I ~,.~'~,.~1111.1%.~.~1 I1%.~1 I I%.~1 Il ~
~o~o. !!!-G-! ,h,-,, ,,-,h ~b~_7~ ,-,~ ,~o ~,r~i,o~ ~r~o r:_~ro~ ~o~ ,h,-, Growth
Mana~rovisions in Chapter II of the Metro Plan and the Public Facilities
and Services Element provisions in Cha ter III of the Metro Plan, as amended.
f. The Governing Bodies will make commitments necessary_ to assist the
Commission in obtaininq favorable interest rates and other terms for Bonds
ad~joroved by the Governinq Bodies under ORS 190.080 1(!~.
9 Ca'"acit,,C0mmissi0n's Liabilities: Tko inifiol r. onor. if,, Cr~r rko oo,~,ono froofrnonf
, ,n~ro4~ th~ tr~otm~nt e,,et~m h~,,nn4 th~ initiol 4~ei~n ¢ono¢it,, ThC~ ~....~~nvCrninn Bodies
shall be obliqated to im ose collect and remit to the Commission sewer user char es
~stem development charqes and to com~ with the obliqations ~ecificall~
~osod on tho Govominq Bodios ~ this Aqroomont. [xco~rovidod in tho
procodin sontonco tho Govomin Bodios shall not bo liablo for tho dobts liabilitios or
~ations of tho Commission.
10. Grants and LeansBonds: The Commission shall apply for grants and leans4e~
~:,d'-'ds ssue Bonds to achieve the objectives of this Agreement and to carry out an
adequate program of sewerage fe~within ther-,'"'";°"t°'4-,r-.--,.-.,- uUrban_ .,...,-or,,;"Ov ,,,... .... Growth
Boundary.
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.
12. Hearinqs: The Commission may conduct hearings on complaints from any rate
payer who is aggrieved by rules of the Commission, by sewerage rules, regulations,
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.
~413. Annual Budqet and Capital Improvement Proqram: The Commission shall
prepare an annual and ~necessary supplemental budgets and CIP in accordance
with its bylaws. The Commission may make expenditures or incur obligations only
within limits set by the budget and CIP. Exce~_t for expenditures required to meet Bond
covenants and maintain adequate bond ratinqs and reasonable access to the capital
markets :[:the Commission bu~shall not make an e~h~)enditures until the
V: Environ\MWMC\IGA~Ag rement, doc 8 April ", oo~~ 2005
(doc._8306098535)
Commission's budqet and CIP be effecti,v,e unti!have been ratified by the Governing
Bodies.
~51~4. 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 user charges and ...... ,~,-,,, ¢,~,~o ~,, *h ...... ¢
~ Soction 8.c of this Aqroomont.
d. Levy and collect the charges-severally.
e. Apportion funds that the Governing Bod,,..,,v receives for sewerageq~q
..... ,4 ....... ~*h *h,~ Commission's o ,4 '-' "' * '~ ,4 ~ .... ~o' between'.`.°"` the Governincj~¢¢3/
and the Commission in direct rl~0portion to the total charqes that are imposed by the
Governincj~gC3L for seweracte_ on behalf of the Commission and the Governincj_Bg~.
~81,5. 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 '~n
o, ,Tk~ri'~oTi~nnrn~/iclin~ Tk~r~ofT~r one year's advance notice of termination
r-,'"r'"";'4:'4---,'-'-"- 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 6tDepartment, and one representative who has not served
on the Commission from each gGoverning bBody to be selected by the respective
Governing Bodies. Notwithstandin~recedin lan u~s Section a
Governincj~p~N_that is obligated to collect revenue on behalf of the Commission may
not terminate its ~ation in this Aqreement unless all Bonds have been paid or
defeased.
· 7-1_~6. 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
pur-suac~to ~u~date or im lement the Financial Plan or the Facilities Plan,
the Governing Body objecting to the action shall request that the Commission
reconsider such action by delivering a written 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
V: Environ\MWMC\IGA~Ag rement, doc 9 April ", oo~~ 2005
(doc._8306098535)
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
General Membership_ of 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,.,,..,F,,.,,o'4'-'"'*~'-'-', .,,'-'¢ ,..,,.., ......., ,.,,,...,* ......., ,-.,~,-,,~r'~'4,-.,- -,y~"' ~.,,4n
CFR 35.929 recommended sewer user char esgc~gEA~stem development charqes in the
amount necessar to meet Bond covenants to ether with any_ additional amount that is
necessary to maintain adequate bond ratinqs and reasonable access to the capital
market, the recourse of an objecting Governing Body is limited to submitting the matter
to the Commission for reconsideration within 30 dav~ after the Commission's
recommendation is made. The Commission's decision on reconsideration of such sewer
user char~stem development char ecles shall be final.
IN WITNESS WHEREOF, the undersigned, by authority of their respective
Governing Bodies, have executed the within Agreement.
DATE: CITY OF SPRINGFIELD, a Municipal
Corporation of the State of Oregon
By:
Title: City Mana,qer
DATE: CITY OF EUGENE, a Municipal
Corporation of the State of Oregon
By:
Title: City Manaqer
DATE: LANE COUNTY, a Political Subdivision
Of the State of Oregon
By:
Title: County Administration
V:Environ\MWMC\lGA~Agrement. doc 1 0 April ! 998~ 2005
(doc._8306098535)
Draft
12/10/04
APPENDIX "A"
EUGENE-SPRINGFIELD METROPOL!TANREGIONAL
SEWERAGE MASTER PLANFACILITIES DEFINITION
I. Background.
This Appendix defines the regional sewerage facilities necessary to provide
for the shared wastewater trans~treatment and disposal needs of the
Eugene-Springfield metropolitan area.
Service shall be provided only within the tareje6te~urban growth
boundary--. Facilities shall be designed and constructed to that end,
but may be constructed either inside or outside ther-,'"r'";""*"'4-'¢'-'--,'-"- urban growth
boundar~:~r,,;,-~
The Regional Sewerage f_Facilities shall be acfintegrated with the Eugene
~field local collection and transportation systems. The combination of
~ional and local sewera e facilities includin associated real ~ which in
~comprises the regie¢~ entire sewerage system for the Eugene-
Springfield metropolitan area. The Regional Sewerage Facilities consist of
permanent facilities and tem~ shared facilities. Permanent Reqional
Facilities ~ort the trans osal of
wastewater and biosolids generated in areas served ~ene and S r~Egfield.
Tem orar Re ional Facilities are those which do not meet the definition for
Permanent Regional Facilities (Section II.A below and were funded in art b
Federal construction grant funds. Effective Jul 1 2005 the Tem orar Re ional
Facilities will be owned and o~)erated by the munici apCjtyt which has planninq
authority for the area in which they are located. The ownership interest in such
facilities will remain subject to the security_interest of the Federal Government
until it e
II. Regional Sewerage Facilities.
The cRegional sSewerage Facilities
include enly-the following:
~-A ...... Permanent Reqional Facilities.
Al. The Eu~field Regional Water Pollution Control
Facilities (WPCF)A r,~,-,~,-,,,o~ ........ ,r,~o,,.,,,~,,, ¢o,.a~,,, that are located at:
410 River Avenue, Eugene, Oregon,~7404and the wet weather control
facility_ located immediately- southwest of the intersection of Walnut and
As en Streets S rin field Ore on.
~pj:)endix A - Pacl~_l (doc.94093)
2. The Eu~field Regional Biosolids Management
Facilities BMLB~Elthat are located at 29689 Awbre Lane Eu ene Ore on.
3. The Seasonal Industrial Waste Facilities SILS!WE)that are located
at 91199 Prairie Road Junction Cit Ore on.
4. The Bioc_vcle Farm Facilities BF~EEI that are located at 29689
Awbre~/Lane adjacent to BMF.
5.1~.AII sewers, o,~ ~,-,,-.k,~, o,-,~ ~o,-,-,,~,- ~,-, .......... ,, regardl of size or
__ -- ................ ~ .....
t e which as of the Effective Date are required to transport wastewater to
the ,,~,-,i,-,,,o~ ........ ,,,~o,,.~,~,,, ~o,-i,,,, i,,,-~, ,,~i,,,-,. WPCF BMF BFF or SIWF
i V~lVi 1~,,.,41 *.~v'v¥~,,.,4~v I,.i v~,,.,41,.i i iVl i1,. 1~,,.,4Vllll,.,~1 ii iv1~.~%.411 i~.
from the points at which wastewater flows are combined from areas served
~ene and ~ether with:
~-a. The entire "East Bank Interceptor".
The "P;,,,~, P,-,o,~/qo,,*o r-,~o,o Interceptors".
~,.~. ~.~1.1 i~.~1 ~.-~ II I'~,.~11 III I~.~d I~1 If,,..41 ~.~11 1.1~ I~.~ %.4~.~111 1~.~%.4./
River Crossing and the portions of the Glenwood collection s~vstem
that convey_ combined wastewater flows from Eugene and
S rj~zjE~field service areas.
66_.. Major pump stations, pressure mains and other facilities associated
with the CRegional ,,~,A,,~, -,¢ ...... Sewerag~ Facilities described in
Sections !-BII.A 1-5 above includin but not limited to:.
.......... ~ ................. a. The Willakenzie Pump Station -
located at 3050 Goodpasture Lakes Loop_,~qEu ene.
b. The Old ~lant Pump Station - located at Aspen &
~field.
c. The Glenwood Pum
Eugene.
d. The Irvington Pump Station -located at 1248 Irvin~
~u~qene.
e. The pressure main from the WPCF to the BMF.
f. The_pressure main from the BMF to the Irvinqton Pump_Station.
.g~b~joressure main from its current point of ori incjjo~p~roximately
250 feet north of Eiqhth Avenue on Mill Street in Eugene to the SIWF.
~pj:)endix A - Pacl~_2 (doc.94093)
h. The pressure main from the WPCF to the BFF.
7. All other seweraqe facilities that are not Tem~ional
Fac'l't~ctive Date have been or are
acquired or constructed and maintained ~3Lthe Metrojpolitan Wastewater
Management Commission for the up~Lposes of conve in treatin reusin
or dis OSl~O~L~g wastewater or wastewater treatment byproducts for sewer
users within the Projected Urban Service Area.
B. Tem~ional Sewerag9 Facilities.
The um stations ressure mains and ravit sewers to ether with
other facilities directly_ related thereto consistinq of:
1. The Beverly Park -- Don Street relief interce~field.
2. The Terry_ Street Pump_ Station - located at 5190 Bar~
~ugene.
3. The West Irwin Pum9 Station - located at 2525 West Irwin Way~
~g_ene.
4. The Filmore Pum Stat'~405 E. Briardiff Lane
Eugene.
III. Conveyance of Ownership-of Tem~ional Facilities.
Prom ti after the Effective Date the Tem orar Re ional Facilities shall be
transferred to the local jurisdiction in which they_are located.
IV. Effective Date.
iii.Related Activities.
The definition of reqional seweraq~facilities set forth herein shall be
effective on Jul~
V. No Chang~ Without Redesiqnation.
I ~pj:)endix A - Pacl~_3 (doc.94093)
Permanent Regional Sewerag~ Facilities shall remain reqional sewerac~
facilities notwithstandin~ in their function or up~Epose unless and until
MWMC in coordination with the affected Governin Bod redesi nates them in
whole or art as nonre ional seweraqe facilities. The need therefor shall be
reviewed ~L MWMC annuall~unction with the rp~Aparation of the MWMC
VI. Original Definition of Existinq Sewer Facilities.
A. The existin segA~Agp_treatment facilities owned ~(: the Cities of Eugene
~field.
B. The existin ravit sewers um stations ressure mains and other
aj~purtenances owned ~3L the Cities of Euqene and S rin field from the oints at
which the sewer lines first become 24 inches or larqer in diameter to the existing
treatment facilities described in Section VI A above.
I ~pj:)endix A - Pacl~_4 (doc.94093)
V:Environ\MWMC\lGA~Agrement. doc 1 April 1998
(doc. 83238)
I:: If r,, ,rr~r~f , ,o~ro or~ r~, ,foirl~ fh~ fovir~r~ hr~, ,nrlori~ ~f fh~ f"'~, ,nf~/ Q~rwir-~
~or-h eholl r~o~ fhrr~,,r~h ~ ,,e~r r-horr~ r~r r~fh~r rn~fhr~rl ornr~,,nfo ~r~,,iwol~nf fr~ fhof
for-ilific~o oholl hc~ r-hor~c~rl , ,r~ifr~rrnl~ fhrr~, ,~hr~, ,f fhc~ oc~rwir-c~
Pnmmiooinn mo .... oa ~v~oo ra,,an, ,~o fn ~ofohlioh r~nnofr,,~*;~ f,,~a The
V:Environ\MWMC\lGA~Agrement. doc 2 April 1998
(doc. 83238)
ATTACHMENT B
RESTATED AND AMENDED AGREEMENT
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
THIS RESTATED AND AMENDED AGREEMENT was entered into the -- day of
., 2005 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 original Agreement dated
February 9, 1977, was previously amended January 4, 1978, February 16, 1982, July
19, 1991 and April 3, 1998 which amendments have been incorporated herein.
RECITALS:
1. The Governing Bodies have adopted the plan of land use development known as
the Eugene/Springfield Metropolitan Area General Plan and have designated in the plan
an Urban Growth Boundary within which urban services may be provided. The Urban
Growth Boundary includes the two Cities (urban lands) and certain unincorporated
areas surrounding the Cities which lies entirely within the County (urbanizable land).
2. The area within the Urban Growth Boundary, 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 within the Urban Growth Boundary,
the Cities and the County entered into an agreement January 8, 1974, establishing the
Metropolitan Sewer Advisory Commission.
6. 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.
7. 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.
8. 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.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
9. The Cities and the County are determined to provide sewerage on a unified basis
in the projected urban service area.
10. In the parties' opinions, it is not convenient or desirable for any one of them singly
to assume or be granted the responsibility for providing sewerage within the Urban
Growth Boundary. The parties do believe that a separate commission should be
established for that purpose.
11. The parties adopt this Agreement in compliance with ORS 190.010 and 190.085 to
create an intergovernmental entity with the powers described in ORS 190.080.
DEFINITIONS:
1. Bonds. Bonds, notes, loans and other borrowings of the Commission that assist
the Commission in carrying out the Facilities Plan.
2. CIP. The list of capital improvement projects that is included in the Commission's
annual budget and approved annually by the Governing Bodies.
3. Facilities Plan. The Commission's 2004 Facilities Plan as periodically updated
pursuant to Section 3.n of this Agreement.
4. Financial Plan. The Commission's 2003 Financial Plan as periodically updated
pursuant to Section 3.f of this Agreement.
5. Local Seweraqe Facilities. All other publicly owned sewerage facilities within the
urban growth boundary.
6. Metro Plan. The Eugene/Springfield Metropolitan Area General Plan as amended
from time-to-time.
7. Re,qional Sewera,qe Facilities. That part of the sewerage system, as defined in
Appendix "A" of this Agreement, as it may subsequently be modified with the
concurrence of the Governing Bodies. The Commission has responsibility for the
Regional Sewerage Facilities.
8. Sewa,qe: The contents of a sewer.
9. Sewer. A conduit to carry off water and wastewater.
10. Sewera,qe. All or part of a system used for the collection, transmission, treatment
and disposal of sewage.
11. Urban Growth Boundary. The urban growth boundary is the projected geographic
area within which a full range of urban services will need to be extended or provided to
accommodate urban development as set forth in the Metro Plan.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
AGREEMENTS:
1. Commission: The Metropolitan Wastewater Management Commission, herein
referred to as Commission, is hereby established as an intergovernmental entity
pursuant to ORS 190.010, 190.080 and 190.085 to function under the authority of this
Agreement. The Commission replaced the Metropolitan Sewer Advisory Commission
effective February 9, 1977.
2. General Function: The Commission shall construct, operate and maintain the
Regional Sewerage Facilities. The Commission shall finance these facilities in
accordance with the Commission's Financial Plan. The Commission shall have all the
powers allowed to an intergovernmental entity under ORS Chapter 190, as it may be
amended from time to time, and any other statute that grants powers to such
intergovernmental entities for purposes of carrying out the Specific Functions set forth in
Section 3 of this Agreement.
3. Specific Functions: The specific functions of the Commission shall be to:
a. Construct, maintain and operate the Regional Sewerage Facilities.
b. Facilitate the completion of the process of transferring ownership to the
Commission of the Existing Sewerage Facilities as defined in Appendix "A" Section VI.
The transfer of ownership process shall proceed in a timely manner as determined by
the mutual agreement of the Commission and the Cities of Eugene and Springfield.
The transfer of ownership process shall include consideration of the following factors:
1. Original source of funds for acquisitions, construction, maintenance,
equipment replacement, and major rehabilitation; and
2. Achieving equity among regional sewer users within the Urban Growth
Boundary.
c. Salvage abandoned sewerage facilities.
d. Implement the Financial Plan and annual budget for the Regional Sewerage
Facilities.
e. Recommend to the Governing bodies a schedule of sewer user charges and
system development charges for regional sewer services. The Commission's
recommendation shall separately set forth:
1. The amount that is necessary to meet Bond covenants, together with
any additional amount that is necessary to maintain adequate bond ratings and
reasonable access to the capital markets; and
2. Such additional amounts that the Commission determines is
appropriate to adequately fund the actions necessary to perform the Commission's
functions under this Agreement.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
f. Update the Financial Plan, as necessary from time to time, so as to provide
guidance for the generation of revenue sufficient for the Commission to fulfill its
functions under the Agreement. Any update of the Financial Plan shall be designed to
promote the following objectives:
1. Establishing revenue adequacy to provide for long-term health and
stability of the Regional Sewerage Facilities through a program of monthly sewer user
charges and system development charges that are imposed uniformly throughout the
service area;
2. Fully funding the needs for equipment replacement and major
rehabilitation to address the long-term preservation of the Regional Sewerage Facilities
capital assets;
3. Fully funding a program of capital improvements to address capacity,
regulatory and efficiency/effectiveness needs;
4. Promoting equity between newly connected and previously connected
users for their total contributions toward the Regional Sewerage Facilities;
5. Promoting equity between various classes of users based on the
volume, strength and flow rate characteristics of their discharges together with any other
relevant factors identified bv the Commission;
6. Ensuring efficient and cost-effective financial administration of the
Regional Sewerage Facilities; and
7. Complying with applicable laws and regulations including those
governing the establishment of user charges and the establishment of system
development charges pursuant to ORS 223.297 et seq.
g. Establish billing and collection systems, if necessary, in locations where such
systems are not provided by others.
h. Contract with the Governing Bodies as appropriate for operation and
maintenance of the Regional Sewerage Facilities, administrative services for the
Commission 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.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
m. Adopt minimum standards for construction and maintenance of local sewage
collection systems.
n. Improve the Regional Sewerage Facilities pursuant to the Commission's
Facilities Plan. Changes in the Facilities Plan made by the Commission that result from
what are described as the Partial or Comprehensive updates scheduled for 2010, 2015,
2020 and 2025 in the 20-Year Project List, will be submitted to the Governing Bodies for
review and approval. The scheduled updates shall be submitted at least 6 months in
advance of the anticipated approval date and shall be accompanied by an estimate of
the effect the update may have on sewer user charges and system development
charges. All other changes to the Facilities Plan may be made by the Commission
without referral to the Governing Bodies unless the Commission estimates that they will
increase either sewer user charges or system development charges by 5% or more. In
that event, the proposed change to the Facilities Plan shall be submitted to the
Governing Bodies for review and approval in accordance with the above procedure for
scheduled updates except that the proposed change shall be submitted at least 90 days
in advance of the anticipated approval date.
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.
p. Issue Bonds as provided in ORS 190.080 or as otherwise allowed under state
law, and enter into covenants regarding the operation of the Regional Sewerage
Facilities and the imposition of sewer user charges and system development charges
that are intended to secure favorable interest rates and other terms for the Bonds.
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.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
b. Establish a central office for the Commission which shall have a mailing
address, 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. Meetin,qs: Meetings of the Commission shall be held regularly at times and places
designated in the bylaws.
7. Functions of Governinq Bodies: The Governing Bodies shall continue to perform
the following functions:
a. Billing and collection of sewer user charges and system development charges.
User charges will be billed and collected monthly. System development charges will be
billed and collected by Eugene and Springfield in accordance with state law.
b. Provide local sewage collection (sewers beyond those specified in Appendix
c. Provide customer contact.
d. Establish local annexation and growth policies.
8. Obligations of Governinq Bodies: The Governing Bodies shall assume the
following obligations:
a. Each month remit to the Commission all revenues that are collected by the
Governing Body on behalf of the Commission. Efforts to collect delinquent accounts will
be consistent with the policies and practices for the collection of delinquent accounts for
other utility charges due to the Eugene Water and Electric Board for such revenues
collected by Eugene and the Springfield Utility Board for such revenues collected by
Springfield. If Lane County collects revenue on behalf of the Commission, Lane County
will use delinquent account collection policies and practices that are similar to those
used by the Eugene Water and Electric Board and the Springfield Utility Board.
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 sewer user charges and system development charges and impose those
charges on behalf of the Commission in amounts not less than those recommended by
the Commission to the extent that such charges are necessary to meet Bond covenants
together with any additional amount that is necessary to maintain adequate bond ratings
and reasonable access to the capital markets. Any objection to the amount of such
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
sewer user charges or system development charges shall be resolved pursuant to the
third paragraph of Section 16 of this Agreement. Additional sewer user charges and
system development charges may be adopted as deemed reasonable by the Governing
Bodies.
d. Provide the Commission with regular periodic reports 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 city limits of
Eugene and Springfield (City Limits); to users currently being served or to whom
contractual service commitments have been made who are outside the City Limits; and
to any other areas outside the City Limits to which service may be extended in
conformity with the Growth Management provisions in Chapter II of the Metro Plan and
the Public Facilities and Services Element provisions in Chapter III of the Metro Plan, as
amended.
f. The Governing Bodies will make commitments necessary to assist the
Commission in obtaining favorable interest rates and other terms for Bonds approved by
the Governing Bodies under ORS 190.080(1).
9. Commission's Liabilities: The Governing Bodies shall be obligated to impose,
collect and remit to the Commission sewer user charges and system development
charges and to comply with the obligations specifically imposed on the Governing
Bodies by this Agreement. Except as provided in the preceding sentence, the
Governing Bodies shall not be liable for the debts, liabilities or obligations of the
Commission.
10. Grants and Bonds: The Commission shall apply for grants and issue Bonds to
achieve the objectives of this Agreement and to carry out an adequate program of
sewerage within the Urban Growth Boundary.
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.
12. Hearinqs: The Commission may conduct hearings on complaints from any rate
payer who is aggrieved by rules of the Commission, by sewerage rules, regulations,
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. Annual Budqet and Capital Improvement Proqram: The Commission shall prepare
an annual and any necessary supplemental budgets and CIP in accordance with its
bylaws. The Commission may make expenditures or incur obligations only within limits
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
set by the budget and CIP. Except for expenditures required to meet Bond covenants
and maintain adequate bond ratings and reasonable access to the capital markets, the
Commission shall not make any expenditures until the Commission's budget and CIP
have been ratified by the Governing Bodies.
14. 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 user charges and system development charges as
required by Section 8.c of this Agreement.
d. Levy and collect the charges.
e. Apportion funds that the Governing Body receives for sewerage between the
Governing Body and the Commission in direct proportion to the total charges that are
imposed by the Governing Body for sewerage on behalf of the Commission and the
Governing Body.
15. 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 providing one year's advance notice of termination 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. Notwithstanding the preceding language in this Section, a Governing Body that
is obligated to collect revenue on behalf of the Commission may not terminate its
participation in this Agreement unless all Bonds have been paid or defeased.
16. 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 to update
or implement the Financial Plan or the Facilities Plan, the Governing Body objecting to
the action shall request that the Commission reconsider such action by delivering a
written 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 General Membership of the Metropolitan Policy
Committee (MPC) for mediation in accordance with any procedure adopted by MPC.
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
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 recommended sewer user charges or
system development charges in the amount necessary to meet Bond covenants,
together with any additional amount that is necessary to maintain adequate bond ratings
and reasonable access to the capital market, the recourse of an objecting Governing
Body is limited to submitting the matter to the Commission for reconsideration within 30
days after the Commission's recommendation is made. The Commission's decision on
reconsideration of such sewer user charges or system development charges shall be
final.
IN WITNESS WHEREOF, the undersigned, by authority of their respective
Governing Bodies, have executed the within Agreement.
DATE: CITY OF SPRINGFIELD, a Municipal
Corporation of the State of Oregon
By:
Title: City Mana,qer
DATE: CITY OF EUGENE, a Municipal
Corporation of the State of Oregon
By:
Title: City Manaqer
DATE: LANE COUNTY, a Political Subdivision
Of the State of Oregon
By:
Title: County Administration
V: Environ\MWMC\lGA\Final Agreement 3-15-05 ATTACHMENT C
Draft
3/03/05
APPENDIX "A"
EUGENE-SPRINGFIELD REGIONAL
SEWERAGE FACILITIES DEFINITION
I. Back,qround.
This Appendix defines the Regional Sewerage Facilities necessary to
provide for the shared wastewater transportation, treatment and disposal needs
of the Eugene-Springfield metropolitan area.
Service shall be provided only within the urban growth boundary.
Facilities shall be designed and constructed to that end, but may be constructed
either inside or outside the urban growth boundary.
The Regional Sewerage Facilities shall be integrated with the Eugene and
Springfield local collection and transportation systems. The combination of
regional and local sewerage facilities, including associated real property
comprises the entire sewerage system for the Eugene-Springfield metropolitan
area. The Regional Sewerage Facilities consist of permanent facilities and
temporarily shared facilities. Permanent Regional Facilities generally support the
transportation, treatment, re-use, and disposal of wastewater and biosolids
generated in areas served by Eugene and Springfield. Temporary Regional
Facilities are those which do not meet the definition for Permanent Regional
Facilities (Section II.A below), and were funded, in part, by Federal construction
grant funds. Effective July 1, 2005, the Temporary Regional Facilities will be
owned and operated by the municipality which has planning authority for the area
in which they are located. The ownership interest in such facilities will remain
subject to the security interest of the Federal Government until it expires by its
terms on December 31, 2006.
II. Re,qional Sewera,qe Facilities.
The Regional Sewerage Facilities include the following:
A. Permanent Regional Facilities.
1. The Eugene-Springfield Regional Water Pollution Control Facilities
(WPCF) that are located at: 410 River Avenue, Eugene, Oregon, and the wet
weather control facility located immediately southwest of the intersection of
Walnut and Aspen Streets, Springfield, Oregon.
2. The Eugene-Springfield Regional Biosolids Management Facilities
(BMF) that are located at 29689 Awbrey Lane, Eugene, Oregon.
3. The Seasonal Industrial Waste Facilities (SIWF) that are located at
91199 Prairie Road, Junction City, Oregon.
V: Enviro\MWMC\lGA\Final Appendix A 3-15-05. doc ATTACHiV[ENT C
4. The Biocycle Farm Facilities (BFF) that are located at 29689
Awbrey Lane adjacent to BMF.
5. All sewers, regardless of size or type which, as of the Effective
Date, are required to transport wastewater to the WPCF, BMF, BFF or SIWF
from the points at which wastewater flows are combined from areas served by
Eugene and Springfield together with:
a. The entire "East Bank Interceptor".
b. The Glenwood River Crossing and the portions of the Glenwood
collection system that convey combined wastewater flows from
Eugene and Springfield service areas.
6. Major pump stations, pressure mains and other facilities associated
with the Regional Sewerage Facilities described in Sections II.A. 1-5 above,
including, but not limited to:
a. The Willakenzie Pump Station - located at 3050 Goodpasture
Lakes Loop, Eugene.
b. The Old Springfield plant Pump Station - located at Aspen &
Walnut, Springfield.
c. The Glenwood Pump Station -located at 3580 Franklin Blvd.,
Eugene.
d. The Irvington Pump Station -located at 1248 Irvington Drive,
Eugene.
e. The pressure main from the WPCF to the BMF.
f. The pressure main from the BMF to the Irvington Pump Station.
g. The pressure main from its current point of origin approximately
250 feet north of Eighth Avenue on Mill Street in Eugene to the SIWF.
h. The pressure main from the WPCF to the BFF.
7. All other sewerage facilities that are not Temporary Regional
Facilities and which, before or after the Effective Date, have been or are acquired
or constructed and maintained by the Metropolitan Wastewater Management
Commission for the purposes of conveying, treating, reusing or disposing
wastewater or wastewater treatment byproducts for sewer users within the
Projected Urban Service Area.
B. Temporary Regional Sewerage Facilities.
V: Enviro\MWMC\lGA\Final Appendix A 3-15-05. doc A'F'FAC1L]iV[EI'4'F (2
The pump stations, pressure mains and gravity sewers, together with
other facilities directly related thereto consisting of:
1. The Beverly Park -- Don Street relief interceptor, Springfield.
2. The Terry Street Pump Station -located at 5190 Barger Drive,
Eugene.
3. The West Irwin Pump Station - located at 2525 West Irwin Way,
Eugene.
4. The Filmore Pump Station - located at 1405 E. Briarcliff Lane,
Eugene.
III. Conveyance of Ownership of Temporary Re,qional Facilities.
Promptly after the Effective Date, the Temporary Regional Facilities shall
be transferred to the local jurisdiction in which they are located.
IV. Effective Date.
The definition of Regional Sewerage Facilities set forth herein shall be
effective on July 1, 2005.
V. No Chan,qe Without Redesiqnation.
Permanent Regional Sewerage Facilities shall remain Regional Sewerage
Facilities notwithstanding any change in their function or purpose unless and until
MWMC, in coordination with the affected Governing Body, redesignates them, in
whole or part, as nonregional sewerage facilities. The need therefor shall be
reviewed by MWMC annually in conjunction with the preparation of the MWMC
budget.
VI. Ori,qinal Definition of Existinq Sewer Facilities.
A. The existing sewage treatment facilities owned by the Cities of Eugene
and Springfield.
B. 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 VI.A. above.
V: Enviro\MWMC\lGA\Final Appendix A 3-15-05. doc A'F'FAC1L]iV[EI'4'F (2
ATTACHMENT C
ORDINANCE NO.
AN ORDINANCE CREATING THE METROPOLITAN
WASTEWATER MANAGEMENT COMMISSION AS AN
INTERGOVERNMENTAL ENTITY; DECLARING AN
EMERGENCY; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. Pursuant to ORS Chapter 190, the Cities of Springfield and Eugene and Lane
County (Governing Bodies) entered into an intergovernmental agreement (Agreement) on
February 9, 1977 establishing the Metropolitan Wastewater Management Commission
(Commission) to construct, operate, and maintain Regional Sewerage Facilities to service the
Eugene-Springfield Metropolitan area (Metro Area).
B. The original Regional Sewerage Facilities were constructed in the early 1980s
with a planned design capacity to serve the Metro Area through 2004.
C. The Commission and the Governing Bodies have approved the 2004 MWMC
Facilities Plan and 20-Year Project List, which includes capital projects with an estimated cost of
$144,000,000 (in 2004 dollars) necessary to meet the sewage treatment needs of the Metro Area
through the year 2025.
D. ORS 190.085(1) provides that intergovernmental entities may be created by
intergovernmental agreements.
E. The cities of Springfield and Eugene, Oregon and Lane County, Oregon desire to
create the Metropolitan Wastewater Management Commission as an intergovernmental entity
pursuant to the provisions of ORS 190.010, 190.080 and 190.085 ("Intergovernmental Entity").
F. The cities of Springfield and Eugene and Lane County, Oregon propose to create
the Intergovernmental Entity by executing a restated and amended intergovernmental agreement
in substantially the form that is attached to this Ordinance as Exhibit A ("Intergovernmental
Agreement").
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Declaration of Intent. The City Council hereby declares its intent to create
the Metropolitan Wastewater Management Commission as an Intergovernmental Entity by
executing the Intergovernmental Agreement in substantially the form attached as Exhibit A.
Section 2. Effective Date of Intergovernmental Agreement. The effective date of the
Intergovernmental Agreement shall be the latest of the effective dates of the ordinances enacted
by the governing bodies of the three parties to the Intergovernmental Agreement, approving and
Ordinance- 1
ratifying the creation of the Metropolitan Wastewater Management Commission as an
Intergovernmental Entity.
Section 3. Public Purposes of the Metropolitan Wastewater Management
Commission. The Metropolitan Wastewater Management Commission is created as an
Intergovernmental Entity for the public purposes of constructing, operating, maintaining and
financing regional sewerage facilities as provided in the Intergovernmental Agreement.
Section 4. Powers~ Duties and Functions. The Metropolitan Wastewater Management
Commission, as an Intergovernmental Entity, shall have the powers, duties and functions
specified for it in the Intergovernmental Agreement, as that Intergovernmental Agreement may
be amended from time to time in accordance with its terms.
Section 5. Approval~ Ratification and Filing. The City Council hereby approves and
ratifies the creation of the Metropolitan Wastewater Management Commission as an
Intergovernmental Entity and the terms of the Intergovernmental Agreement. The City Manager
is hereby authorized to execute the Intergovernmental Agreement on behalf of the City of
Eugene. A copy of this Ordinance and the corresponding ordinances enacted by the governing
bodies of the other two parties to the Intergovernmental Agreement, together with the statement
described in ORS 190.085(2), shall be filed with the Secretary of State as required by
ORS 190.085(2).
Section 6. Emergency. The Metropolitan Wastewater Management Commission must
be created as an Intergovernmental Entity before the Metropolitan Wastewater Management
Commission may borrow money to finance regional sewerage facilities. Because delays in that
borrowing may increase project costs and interest rates, an emergency is hereby declared to exist
and this Ordinance shall become effective immediately upon its passage by the City Council and
approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a
Mayoral veto by two-thirds of all members of the City Council.
Passed by the City Council this Approved by the Mayor this
__day of ,2005 __day of .,2005
City Recorder Mayor
Ordinance - 2
ATTACHMENT D
RESOLUTION NO.
A RESOLUTION APPROVING THE ISSUANCE OF
REVENUE BONDS BY THE METROPOLITAN
WASTEWATER MANAGEMENT COMMISSION; AND
PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. Pursuant to ORS Chapter 190, the Cities of Springfield and Eugene and Lane
County (Governing Bodies) entered into an intergovernmental agreement (Agreement) on
February 9, 1977 establishing the Metropolitan Wastewater Management Commission
(Commission) to construct, operate, and maintain Regional Sewerage Facilities to service the
Eugene-Springfield Metropolitan area (Metro Area).
B. The original Regional Sewerage Facilities were constructed in the early 1980s
with a planned design capacity to serve the Metro Area through 2004.
C. The Commission and the Governing Bodies have approved the 2004 MWMC
Facilities Plan and 20-Year Project List, which includes capital projects with an estimated cost of
$144,000,000 (in 2004 dollars) necessary to meet the sewage treatment needs of the Metro Area
through the year 2025.
D. The Commission and its financial advisor conducted an evaluation of funding
options, and concluded that revenue bonds are the best available financing tool and that
approximately $100,000,000 in revenue bonds should be issued between 2005 and 2010 to fund
the capital projects on the 20-Year Project List.
E. Pursuant to Ordinance No. adopted 2005, the City
Council adopted a restated and amended intergovernmental agreement that, in part, created the
Metropolitan Wastewater Management Commission as an intergovernmental entity pursuant to
the provisions of ORS 190.010 and 190.085.
F. ORS 190.080(1) provides that intergovernmental entities may issue revenue
bonds if the parties to the agreement approve the issuance of the revenue bonds after a public
hearing.
G. The cities of Springfield and Eugene, Oregon and Lane County, Oregon desire to
authorize the Metropolitan Wastewater Management Commission to issue revenue bonds under
ORS 288.805 to 288.945.
Resolution- 1
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the St ate of Oregon, as follows:
Section 1. Approval of Bonds. A public hearing was held before the City Council on
May 9, 2005 regarding the issuance by the Metropolitan Wastewater Management Commission
of up to $100,000,000 of revenue bonds to finance regional sewerage facilities pursuant to ORS
190.080(1)(a) and ORS 288.805 to 288.945. By adoption of this Resolution, the City Council
hereby approves of the issuance of up to $100,000,000 of revenue bonds by the Metropolitan
Wastewater Management Commission pursuant to ORS 190.080(1)(a) and ORS 288.805 to
288.945 to finance regional sewerage facilities.
Section 2. Effective Date. This Resolution shall become effective immediately upon its
adoption, or on the date that the Intergovernmental Agreement referred to in Finding E above
takes effect, whichever is later.
The foregoing Resolution adopted the __ day of ,2005.
City Recorder
Resolution - 2