HomeMy WebLinkAboutItem 3: PH on MWMC IGAEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: An Ordinance Creating the Metropolitan Wastewater Management
Commission as an Intergovernmental Entity; and Providing an Immediate Effective Date;
and
A Resolution Approving the Issuance of Revenue Bonds by the Metropolitan Wastewater
Management Commission; and Providing an Effective Date
Meeting Date: May 9, 2005 Agenda Item Number: 3
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 Eugene,
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 2004 Facilities Plan and related
capital projects for the regional wastewater program.
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 2001.
The council held an informational work session on this topic on February 9, and another work session on
April 11, 2005.
Feedback from the council on February 9 led to some modifications to the proposed amendments to the
IGA. The modified IGA was reviewed and discussed by the council during the April 11 work session.
In this work session, concern was expressed about the proposed amendments that provide limited
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
recourse to local government in regard to regional wastewater user rates or charges recommended by the
MWMC--specifically the vagueness of the grant of authority to MWMC to adopt and impose "any
additional amount [of the recommended user charges or system development charges] that is necessary
to maintain adequate bond ratings and reasonable access to the capital market." Based upon this
concern, the definition of MWMC's authority to adopt rates and amounts above the level necessary to
meet bond covenants has been modified to read" ... and to achieve and maintain an unenhanced credit
rating of A for the Commission's Bonds from at least one nationally recognized rating agency." [Note
that this language now appears in Section 3.e. 1 of the draft IGA and is cross-referenced in sections 8c
and 16] An un-enhanced credit rating represents the rating of the bond issuer in the absence of any
additional guarantees for payment of debt service, such as bond insurance. This modified language was
reviewed by Bond Counsel for the governing bodies and determined to meet the objective of ensuring
the MWMC would have reasonable access to the bond market for capital financing purposes.
Questions were also raised in the work session about what the council's authority is in the process for
setting the regional wastewater user rates, and what authority the council has in the review and approval
of the implementation of the capital projects contained in the 2004 Facilities Plan. The MWMC
establishes regional wastewater user rates on an annual basis. These rates are part of the annual regional
wastewater program budget, which must be ratified by the governing bodies before they go into effect
(see Section 13 of the proposed IGA). The governing bodies, therefore, have approval authority over
the annual regional wastewater budget and associated user rates, with the exception of that portion of the
user rates necessary to meet bond covenants and to achieve and maintain an un-enhanced credit rating of
A for the commission' s bonds from at least one nationally recognized rating agency.
The annual review and approval authority of the governing bodies extends to the capital improvement
program as well, since the capital projects are listed in, and funded through, the annual regional
wastewater budget. Any of the governing bodies may object to the capital projects list in an annual
budget for the regional wastewater program, which would require written notification to the commission
of the specific reason for the objection and a request for reconsideration. Under Section 13 of the IGA,
if a governing body objects to the commission's decision after reconsideration, 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. Furthermore, the draft IGA calls for the MWMC
to update the 2004 Facilities Plan on a five-year frequency, with these scheduled updates to be submitted
to the governing bodies for review and approval at least six months in advance of the anticipated
approval date and accompanied by an estimate of the effect the update may have on sewer user charges
and system development charges.
Finally, during the work session a question was asked whether SDCs will fund the new capacity
necessary to serve growth in the service area. The 2004 Facilities Plan estimates a total of $144 million
(in 2004 dollars) in capital improvement needs over the next 20 years. According to CH2M Hill, $57.8
million of this total is related to projects needed to serve projected growth in the service area during the
planning period. The rates derived from the adopted SDC methodology were calculated to raise this
amount of funding. For informational purposes, Attachment E includes a project list from the 2004
Facilities Plan which identifies the funding allocation for each project based upon the percentage of the
project that is attributed to growth versus the percentage to be funded by existing users.
The council is now scheduled to hold public hearings on the ordinance and resolution related to the
amendments to the IGA and issuance of revenue bonds by MWMC, respectively. Final action on both
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
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 for regulatory compliance. A draft
resolution has been prepared (Attachment D) authorizing MWMC to issue bonds so that, if
approved, a total amount not to exceed $100,000,000 in revenue bonds could be issued by the
commission. This would be approximately the amount needed to finance the first five years of
construction projects, as included in the Facilities Plan, taking into account inflation. The first
issuance of approximately $35,000,000 in revenue bonds is planned for September 2005.
Subsequent issuances would occur over approximately a five-year period, and would be planned
strategically under the advisement ofMWMC's Financial Advisor.
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.
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
Council Goals
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, however, are the governing bodies.)
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 improved 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 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:
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
· 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 revenues will be collected and forwarded to MWMC. Adoption of the
recommendations is necessary to satisfy the concerns of the bond market and position the MWMC to
attract bidders and sell revenue bonds at the lowest cost to the regional sewer customers. Proposed
modifications to the IGA in this respect include:
· Incorporate the regional wastewater 2004 Facilities Plan as basis for planning and improving
facilities, and specify that updates that will be submitted for review and approval by the governing
bodies.
· Delete the user charge reference to federal regulations (40 CFR 35.929), because previous federal
restrictions under the grants no longer apply, and replace it with language ensuring that sufficient
user charges will be established to meet debt service requirements in addition to operations,
maintenance, etc.
· Strengthen language about collection and remittance of revenues, in response to Financial Advisor
concerns and the need to satisfy bond rating agencies.
· Remove 30-day notice of termination, leave one-year notice requirement, and further restrict Eugene
and Springfield from terminating when there is outstanding debt requiring long-term commitment of
revenues, unless a provision is made for debt repayment.
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
· 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 determination of rates
and amounts pursuant to Section 3.e. 1. Note that the current IGA contains a comparable clause that
committed the Governing Bodies to adopt rates and connection charges that were sufficient to
comply with the wastewater grant requirements of the CFR.
· Provisions were also added to Section 13 to facilitate adoption of the MWMC budget by the start of
the fiscal year (July 1).
Changes also are proposed to Appendix A of the intergovernmental agreement to reflect a revised
definition of"regional" wastewater facility. This revision shifts the current definition from an arbitrary
pipe size, to a consistently applied concept of"shared flows." The new language establishes a logical
ownership pattern whereby components of the overall wastewater collection and conveyance system that
serve only Eugene or Springfield are owned and maintained by the appropriate agency. Components
that transport or treat wastewater from both Eugene and Springfield are defined as part of the regional
MWMC system. This revision reflects the actual practices used by the cities' local sewer programs and
the Regional Wastewater Program for many years.
The City Council of Springfield held a work session on the proposed amendments to the IGA on March
21, and an additional meeting on 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.
Two members of the public spoke at the public hearing, and the council maintained its schedule for final
action on May 2, 2005.
The Lane County Finance and Audit Committee first discussed the proposed amendments to the IGA on
March 15, 2005. This committee is comprised of Commissioners Anna Morrison and Bill Dwyer, and
staffed by the County Administrator, Bill Van Vactor, and the County Tax Assessor, Jim Gangle. A
follow-up meeting of the Finance and Audit Committee was held on April 11, at which time the
committee voted to forward the proposed amendments to the full Board of Commissioners for
consideration. The first reading of the ordinance approving the updated IGA is scheduled for May 18,
2005, with a second reading and public hearing on June 1, 2005.
Amending the IGA requires consensus of all parties to the agreement; therefore, if any one jurisdiction
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 increases in user rates or borrowing at significantly higher interest rates. It is
unclear, given the out-of-date nature of the IGA and potential conflicts among the governing bodies,
whether any external borrowing (even at higher interest rates) would be possible. Should the governing
bodies not universally agree on the need and language for amending the IGA, any of the parties to the
agreement 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 was not a willing partner in such a
change, the dissolution of MWMC and subsequent reformation of an agreement for management of the
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
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
The council has the option to:
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
Council approval; or
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 public hearing only.
ATTACHMENTS
A. Revised IGA in legislative format
B. Revised IGA, clean copy
C. Ordinance
D. Resolution
E. Summary of 20-Year Project List Allocations for Improvement Fee
FOR MORE INFORMATION
Staff Contact: Peter Ruffler
Telephone: 682-8606
Staff E-Mail: peter.j.ruffler~ci.eugene.or.us
L:\CMO\2005 Council Agendas\M050509\S0505093.doc
RESTATED AND AMENDED AGREEMENT
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
THIS RESTATED AND AMENDED AGREEMENT was entered into the, clay o[ _ _ - ~ Deleted: 9th
~, ~00~ Dy ~he City o~SBRINGFIELD ~nd ~he ~City of EIJGENE~mun~cip~l ~_- ~{ Deleted: February, 1977
corporations of the State of Oregon, and LANE COUNTY, a political subdivision of the ~ - ~ Deleted: c
State of Oregon, herein referred to as Governing Bodies. The original Agreement dated
Februar 9 1977 was previously amended January 4, 1978, February 16, 1982, ,Jul~ _ ¢ ¢ ~{ Deleted: and
19, 1991and A ril 3 1998 which amendments have been incorporated herein. _- ~( Deleted:,
R E C I T A L S · Deleted: 1990 General
Deleted: a projected
1. The Governing Bodies have adopted the plan of land use development known as Deleted: areawhich
the~field Metropolitan Area General Plan and have designated in the plan /// Deleted:c
,an Urban Growth Boundary within which urban services ma~_b~j)rovided. The Urban Deleted: c
Growth ~includes the two_Cities u(urban ~and certain unincorporated ~ ~
areas surrounding h vhi66 vi(hi6 6( ount rban! 4b 6 De,eted: and
Deleted: c
Deleted: projected
2. The,are@ wi[hi~ ~he,U_rb¢o__Growth Bounda~, as now or hereafter designated, is a ~ ~ ¢
metropolitan area because of its urban character and the close interrelationship ~ ~ - Deleted: u
between the two ~Cities and all parts of the area. ~{ Deleted: service area
~ - ~ -{ Deleted: c
3. The urban character of the area makes high quality sewage treatment necessary. Deleted: projected u
Deleted: service area
4. Federal funding policy requires sewage treatment and disposal in the projected ~¢ Deleted: c
urban service area to be provided on a unified, metropolitan basis .... Deleted: c
// // Deleted: <CC>The Eugene-Springfield
5. In order to plan for sewerage on a unified basis within the,U_Urban Growth Boundary~ j,¢ / Metropolitan Area Waste Treatment
the,_C_Cities and the,_C_County entered into an agreement January 8, 1974, establishing the ¢¢ / Management Alternatives Plan, which
has been prepared for the Lane
Metropolitan Sewer Advisory Commission. / Council of Governments under
/ Environmental Protection Act Section
/ 208 provisions, shall serve as a basis
~ Th~,C_ities ~ for developing a unified sewerage
have the authority under their,chcrte[~ ~o p[ovide ¢o~@1~ ¢~pect§ of system within the projected urban
service area.¶
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 ~ ~ ~ Deleted: 7
hazards. ~ Deleted: c
Deleted: C
~7. The ~County, while not presently providing sewerage, has the authority under its ~ ~ ~ ~ Deleted: 8
~h~rte~to do §o~ h~ ext~si¥e cl~i~ unde~§~ate I~w~£~g~Ecli0g publi~ sasit~[io~cl _ ~ ~ -{ Deleted: c
is concerned about hazards to public health that arise from inadequate sewerage in the - - ~ Deleted: C
area. /~{ Deleted: 9
/ Deleted: c
~ Upcl~E [h~i( ChCrte¢~ end,he Oregon Revised Sta[~t~§~the~ities and,_C_Coup[~ may ~ ~ _ ~ Oe~eted: c
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. ¢ (_ Deleted: 10
/ ~ Deleted: c
¢-: Th¢,C_ities and the~ounty are determined to provide sewerage on a unified basis ~ ~'(De~eted:c
in the projected urban service area. ~ ~ ~ Deleted: April 1998
. ~ ¢~ ~ Deleted: 83060
V: Environ\MWMC\lGA~Agrement.doc 1 ,2005
(doc. 98535)
q,~0~ In th~p~rti~§: ~pi~ns, ~i§ not coDy~Dien[ P! cl~ir~ble for any ~ ~[them p~nglg ~ ~ ~ ~ Deleted: 11
to assume or be granted the responsibility for providing sewerage.within the ~Urban ~ ~ ~ ~{ Deleted: to the projected
,Growth Boundary. The parties do believe that a separate commission should be ~ ~ ~ -{ Deleted: u
established for that purpose. ' ' ~{ Deleted: service area
11. The parties adopt this Agreement in compliance with ORS 190.010 and 190.085 to
create an interc~overnmental entity with the powers described in ORS 190.080.
DEFINITIONS'
1. ,Bonds. Bonds, notes, loans and other borrowings of the Commission that assist ~ ~ Deleted: Proiected Urban Service
the Commission in carryLng out the Facilities Plan, Area. The projected urban service
. area is the estimated geographic area
2. CIP. The list of ca~rovement rp~0jects that is included in the Commission's '~ within which a full range of urban
annual bud~roved annually~ybb the Governinq Bodies. ,, services will need to be extended or
provided to accommodate urban
development at any future point in
t time (such as 1990). (1990 General
3. Facilities Plan. The Commission's 2004 Facilities Plan as periodically~pdated ~ Plan, Page 12).
pursuant to Section 3.n of this Agreement. Deleted:¶
4. Financial Plan. The Commission's 2003 Financial Plan as periodically~pdated
pursuant to Section 3.f of this Aqreement.
Local Sewerage Facilities. All other publicly owned seweraqe facilities within the ~ ~ ~{ Deleted: ¶
urban growth boundary.
6. Metro Plan. The Eugene/Springfield Metropolitan Area General Plan as amended
from time-to-time.
7. Regional Seweraqe Facilities. That part of the sewerage system, as defined in
A endix "A" of this A reement asitma subse uentl be modified with the
concurrence of the Governing Bodies. The Commission has responsibility for the
Regional Sewerage Facilities.
8. Sewage.' The contents of a sewer. Deleted: 2
Deleted: 3. ~ SewaF~e: The contents
~_: S~wer: Aco~d~i~oc@rryoffw~ter and w~§tew~t~. ~ ofasewer.
Deleted: 4.
/ Deleted: 5. ~ ReF~ional Seweraqe
Facilities. That part of the sewerage
system, as defined in Appendix "A" of
1,1~0. Seweraqe. All or part of a system used for the collection, transmission, treatment / this Agreement, for which a regional
and disposal of sewage, entity has responsibility.¶
Deleted: 6.. Local Seweraqe
/ ~ Facilities. All other publicly owner
~, ~/ / sewerage facilities in the projected
urban service area.
Deleted: <lC>Equivalent Dwellin.q
~ Unit. The average sewage load
~, ~ contributed by a single family
11. Urban Growth Boundary. The urban growth boundary is the projected dwelling. The sewage Icad for
commercial, industrial or other
eogc~g_Ec~hic area within which a full ranq¢_ of urban services will need to be extended or connections may be expressed in
provided to accommodate urban development as set forth in the Metro Plan. terms of equivalent dwelling units.¶
~ ~ ~ Deleted: April 1998
,~ ~ ~ ~ Deleted: 83060
V: Environ\MWMC\lGA~Agrement.doc 2 ,2005
(doc. 98535)
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, r~placed_ the Metropolitan Sewer Advisory Commission, ~ _ - { Deleted: shall
effective February 9, 1977. -
2. General Function: The Commission shall construct, operate and maintain the
J~eg!onal' ~Sew~rag~ g.~cilities~ The, Commission shall finance these facilities in ~-- ¢ ¢ {___Deleted: r
accordance wit he Commission's Financial Plan. The Commission shall have all the ~-. ~ Deleted: s
powers allowed to an i~rqo~m~tal~iLy ~d~FORS Cha ter 190 as it ma be ~Deleted:f
amended from time to time and an other statute that rang~AG~A/)ts owers to such ~ ~r Deleted: as described in Appendix
~overnmental entities for up~rposes of carryjDg out the Specific Functions set forth in '~I"A of this Agreement, or as
Section 3 of this Agreement. subsequently modified with the
concurrence of the Governing Bodies
Deleted: an adopted financing plan
3. Specific Functions: The specific functions of the Commission shall be to: based on the financing criteria
described in Appendix "B" of this
· , Agreement or as subsequently
g_: Construct, maintain and operate the J~gion¢~SCwer~g~,Eac~liti~§: '~ modified with the concurrence of the
~ ~,~ Governing Bodies
. Facilitate the com letion of the process of transferrinq ownership to the Deleted:¶
commission of the Existinq Seweraqe Facilities as defined in Appendix "A" Section VI. ', a. Recommend the boundaries ofthe
County Service District to the Lane
The transfer of ownershiEprocess shall proceed in a timely manner as determined b3L ~ ~ ~' County Commissioners.¶
the mutual agreement of the Commission and the Cities of Euqene and Springfield .... ~ Deleted: b
The transfer of ownership process shall include consideration of the following factors:, ~ ~?~/ Deleted: r
1. Original source of funds for ac ~ ~1 Deleted: s
equipment replacement, and major rehabilitation; and
? Deleted: f
2. Achieving equity among regional sewer users within the Urban Growth '~forDeleted: C.existing sewerageC°mpensate thefacilities citieSas
Bou ndanL, defined in Appendix "A".
Deleted: ¶
~. Sal~g~ ~l~clo~cl §~wer@g~ ~ciliti~s. _ ~ ~ ~ Deleted: d
,d_~ ~mpl~m¢8[ h, the Financial Plan and ~al budg~[~for the regional sewerage ~_ ¢ { Deleted: e
facilities. ~ ~ ~ Deleted: a financing plan,
I Deleted: and annual financial
~ ,Recommend to the Governinq bodies a schedule of sewer user charqes and statement
system development charges for reqional sewer services. The Commission's ~ ~ Oeleted:f
recommendation shall ~ set forth: Deleted: Adopt a schedule of sewer
user charges and connection fees for
regional sewer services. The
1. The rates and amounts that the Commission reasonably determines Commission's adopted user charges
are necessary to meet Bond covenants, and to achieve and maintain an unenhanced shall separately set forth the amount
necessary to recover operation,
credit rating of A for the Commission's Bonds from at least one nationally recognized maintenance and replacement costs
ratin a enc 'and as required by 40 CFR 35.929 during
the 20 year design life of the regional
sewerage facilities. Connection fees
2. Such additional rates and amounts that the Commission determines are to be established pursuant to
Appendix "B".
are appropriate to adequately fund the actions necessary to perform the Commission's
functions under this Agreement.
~ ~ { Deleted: April 1998
.
V: Environ\MWMC\lGA~Agrement.doc 3 ,2005
(doc. 98535)
f~rn time to time so as to rovide
guidance for the generation of revenue sufficient for the Commission to fulfill its
functions under the Agreement. Any~jodate of the Financial Plan shall be desiqned to
promote the followin oqAbjb'ectives:
1. Establishinq revenue ade~rovide for Ionq-term health and
stability of the regional sewerage facilities through a program of monthly sewer user
charges and system development charqes that are imposed uniformly throughout the
service area;
2. Full fundin the needs fore ui ment re lacement and ma'or
rehabilitation to address the long-term preservation of the Reqional Seweraqe Facilities
~ital assets;
3. Full fundin a ro ram of ca~rovementsto address
and efficiency/effectiveness needs;
4. Promotin eg~gg~between newlyconnected and ~ connected
users for their total contributions toward the Regional Sewerage Facilities;
5. Promotin eo~Agg~between various classes of users based on the
volume stren th and flow rate characteristics of their dischar esg~!0gto ether with any other
relevant factors identified bv the Commission;
6. Ensuring efficient and cost-effective financial administration of the
Regional Seweraqe Facilities; and
7. Complying with applicable laws and regulations including those
~ the establishment of user charcLe~ and the establishment of s~vstem
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 a~j~Qpriate for operation and
maintenance of the,Begion~l~wCEage ,E¢ci]i[i¢~, ~clm~ni~tr~tiv~ ~rvices for~h~ / ¢ - { Deleted: r
Commission and for other services as necessary. ~ ~ - ~ Deleted:
i. Contract for consultant services. ~ Oeleted:f
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. ~ ~ ~( Deleted: April 1998
. ~~ ~{Deleted:83060
V: Environ\MWMC\lGA~Agrement.doc 4 ,2005
(doc. 98535)
n. Jmprove the,RegiDn~l~S~w~rage,Facilities~ursuant to the Commission's ~r Deleted: Plan and make
~ ~ - recommendations to the Governing
Facilities Plan. Changes in the Facilities Plan made b~ the Commission that result from ~"~L Bodies for expansion and
what are described as the Partial or Comprehensive u~dates scheduled for 2010 2015 ,,~ improvement of
2020 and 2025 in the 20-Year Project List, will be submitted to the Governing Bodies for '~ ~
review and a~proval. The scheduled u~dates shall be submitted at least 6 months in ~ Deleted: s
advance of the anticipated approval date and shall be accompanied by an estimate of ~ Deleted: f
the effect the update may have on sewer user charqes and system development
charges· All other chanqes to the Facilities Plan may be made by the Commission
without referral to the Governinq Bodies unless the Commission estimates that they will
increase either sewer user char~stem development char escLe~b 5% or more. In
that event, the proposed change to the Facilities Plan shall be submitted to the
Governing Bodies for review and a~oroval in accordance with the above procedure for
scheduled u~dates exce~ that the rj~Egposed chanq9 shall be submitted at least 90 day~
in advance of the antici atep~e~p~oroval 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.
· Issue Bonds as rovided in ORS 190.080 or as otherwise allowed under state
la~o covenants re ardin the o eration of the Regional Sewerage
Facilities and the imposition of sewer user charqes 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.
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 ~ ~ ~ Deleted: April 1998
. ~~ ~Deleted:83060
V: Environ\MWMC\lGA~Agrement.doc 5 ,2005
(doc. 98535)
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. Meetinqs: 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 charqes.
User charges will be billed and collected monthl .A~S stem develoloment
Ces will be billed and collected b Eu ene and S tin field in accordance
with state law.
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 Governinq Bodies: The Governing Bodies shall assume the
following obligations:
a. ,Each month remit to the Commission all revenues that are collected ~L the _ _ - ~' Deleted: Forward to the Commission
L
its share of revenues as specified in
Governing Body on behalf of the Commission. Efforts to collect delinquent the adopted financin9 plan.j
accounts will be consistent with the policies and practices for the collection of
delinquent accounts for other utilit cy~a!ges due to the Euqene Water and Electric
Board for such revenues collected ~ene and the Sl~Lngfield Utility Board for
such revenues collected ~field. 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 ~ene Water and Electric Board
and the Sl~Lngfield 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 _ ¢ I Deleted: required by 40 CFR 35.929 ]
charges on behalf of the Commission at the rates and in the amounts in an amount not lessthan adopted
by the Commission.
recommended by the Commission pursuant to Section 3.e.1. Any objection to the
rates or amounts of such sewer user charges or system development charges
recommended ~v the Commission pursuant to Section 3.e.1 shall be resolved
pursuant to the third paragraph of Section 16 of this Aqreement. If the
Commission recommends additional rates and amounts pursuant to Section 3.e.2 /¢ ~{ Deleted: April 1998 )
V: Environ\MWMC\lGA~Agrement.doc 6 ,2005
(doc. 98535)
those additional sewer user charqes and s~vstem development charqes shall only
be adopted if the are a roved b the Governing Bodies.
d. Provide the Commission with. e ular eriodic reports of revenues and / ~ - ~ Deleted: an annual
expenses related to ~_~gig~¢[~wer@g~ ,Eaciliti~§: ~ _ - { Deleted: r
Deleted: s
e. Establish service area boundaries and provide for adjustment thereto as ~ Deleted:f
necessary to ensure that service is provided only to areas within the ,city limits of
Deleted: taxing district
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; / ¢ - ~ Deleted: taxing district
and to any other areas outside the~ to which service may be extended in _ ~ Deleted: taxing district
conformity with,the Gpgwth Managem~st proyisio~ in Chppter I~ o(the Mp?o Dian _ ~ ~ Deleted: Fundamental Principle B
and the Public Facilities and Services Element provisions in Chapter III of the Growth Management in the Urban
Service Area (Pages: II-B-1 through
Metro Plain, as amended. II-B-9) and Public Utilities Services
and Facilities, Element G (Pages: III-
G-1 through III-G-7) of the
f. The Governing Bodies will make commitments necessary_ to assist the Metropolitan Area General Plan.
Commission in obtaininq favorable interest rates and other terms for Bonds
~ the Governing Bodies under ORS 190.080 1(!L.
9. .Commission's Liabilities~ ~,The Governing Bodies shall be obliqated to im op~Ae~ ~ ~ ~ ~ Deleted: Capacity
collect and remit to the Commission sewer user char~stem development - Deleted:The initial capacity for the
charges and to compJ~l with the obli ations s ecificall im osed on the Governing sewage treatment plant shall be
based on the established population
Bodies by this Agreement. Except as provided in the preceding sentence, the equivalent estimates for the entire
Governin Bodies shall not be liable for the debts liabilities or obli ations of the metropolitan area. When the sewage
loading into the treatment plant
Commission. becomes $5% of the initial design
capacity, the Commission shall
institute a program to expand and/or
10. Grants and,Bonds: The Commission shall apply for grants and,issue Bonds to upgrade the treatment system beyond
achieve the objectives of this Agreement and to carry out an adequate program of ~.~ the initial design capacity.
sewerage ~within the ,U_~bn~ Growth ~. '~ Deleted: Loans
¢ ~ Deleted: loans for funds
11. Contracts: The Commission may enter into contracts for technical assistance and ~
Deleted:
for
for construction of facilities to achieve the objectives of this Agreement and to provide '~ Deleted: projected u
necessary sewerage in the area. { Deleted: service area
12. Hearings: 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
Deleted: 13. ~ Initial Expenses: The
to the complainant its findings and recommendations regarding the complaint. / administrative or other expenses of
~ the Commission prior to the adoption
~ of the financial plan and receipt of
~ ~ ~revenues therefrom shall be borne
o
63% by Eugene, 24Yo by Springfield,
and 13% by Lane County, subject to
1,~3. Annual Budget and Capital Improvement Program: The Commission shall prepare budgetary limitations of the Governing
an annual and ~necessary supplemental budgets and ClP in accordance with its ~ ~ Bodies.
bylaws. The Commission may make expenditures or incur obligations only within limits ~ ~ Deleted: 14
set by the budget, and ClP. Exce~enditures that the Commission_reasonably ~ ~ { Deleted: April 1995
. ~~ ~Deleted:83060
V: Environ\MWMC\lGA~Agrement.doc 7 ,2005
(doc. 98535)
determines are necessa~to meet Bond covenants and achieve and maintain an
unenhanced credit ratinq of A for the Commission's Bonds from at least one nationally
reco nized ratin a enc . h~ Commi~iog,shall not make an ey~penditures until the
Commission's bud~ave been ratified by the Governing Bodies. The
Commission shall deliver its recommended budqet and CIP, together with its estimate of
the rates and amounts that are necessary to fund the recommended bud~
the Governinq Bodies by May 1 of each year. If one of the Governinq Bodies objects to
the recommended budqet, CIP or the rates necessary to fund them, the Governing
Body shall make every reasonable attempt to use the reconsideration and mediation
process set forth in Section 16 in sufficient time to assure that the Commission has an
a roved bud etb Jul 1.
1,~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 Aystem development charqes as ~ _ - ~' Deleted: connection fees. In the
~ Section 8.c of this Aqreement. [ 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~ - - - ~ Deleted: severally
e. Apportion funds that the Governing Bodg£~c~ive_s for sewerage, between the ~ ~ ~ ~ Deleted: les
Governing Body and the Commission in direct proportion to the total charqes that are - - ~r Deleted: in accordance with the
imposed by the Governing Body for sewerage on behalf of the Commission and the ~. Commission's adopted financial plan
Governin Bcd .
~ ~ ~ ~ Deleted: ¶
~ Modification and Termination: -I'hi~ Agreement shall contin~ dnt[I modified by / <fi>Provide funds for capital
unanimous consent of the Governing Bodies. A Governing Body may terminate its ~ /systemimpr°vements to thein accordanceSeWeraDewith the
part~c~pahon ~n the Agreement by~one year's advance nohce of termination,to x~Commission's adopted financial plan."[
the other Governing Bodies. If th~ p~rties ~re d~bl~o agr~ on th~ divisio~ o(~et~ ~; ~ ~. Deleted: 16
and liabilities between the parties, the dispute shall be referred to a board of arbitration ~ Deleted: 30 days written notice at
for its decision concerning the division. The board shall have five members; a judge of ,~ any time prior to bond authorization
the Circuit Court of Lane County to be selected by the chief judge of the Court, a ,, ~ ~ Deleted:. Thereafter,
representative of the State Department of Environmental Quality to be selected by the ~ ~ ~ Deleted: must be provided
director of the,p_epartment, and one representative who has not served on the ~ Deleted:,
Commission from ~ch ~over~ing ~_od~ ~o b~ selected bythe resp~c{i~ Governing ~ -~ Deleted: d
Bodies. Notwithstandinq the precedi~q I~g~g~ ~ ~hi~ Sectio~ ~ Governing Body~h~{ ~ ~ ~ Deleted: g
~ated to collect revenue on behalf of the Commission ma~L not terminate its
Deleted:
b
participation in this Agreement unless all Bonds have been paid or defeased.
1,1~6. 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 ,to ,update
, 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
V: Environ\MWMC\lGA~Agrement.doc ~ ,2005
(doc. 98535)
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 Membershi9 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.
JfJh~ ac~iog obj~ct~clJoj~ ~h~ Commission's, determination of rates and amounts _ _ - { Deleted:
pursuant to Section 3.e. 1, the recourse of an objecting Governing Body is limited to -- ~r Deleted: adoption of user rates
submitting the matter to the Commission for reconsideration within 30 d ay_s_ after the [, required by 40 CFR 35.929
Commission's recommendation is made. The Commission's decision on reconsideration
of those rates and amounts 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 Manager
DATE: LANE COUNTY, a Political Subdivision
Of the State of Oregon
By:
Title: County Administration
. . ~ Deleted: April 1998
,~ ~~ _-{Deleted:83060
V: Environ\MWMC\lGA~Agrement.doc 9 ,2005
(doc. 98535)
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, 1991and 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 Com mission.
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~Agrement. doc 1 ,2005
(doc. 98535)
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.
V: Environ\MWMC\lGA~Agrement. doc 2 ,2005
(doc. 98535)
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.
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 withthe 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 rates and amounts that the Commission reasonably determines
are necessary to meet Bond covenants, and to achieve and maintain an unenhanced
credit rating of A for the Commission's Bonds from at least one nationally recognized
rating agency; and
V: Environ\MWMC\lGA~Agrement. doc 3 ,2005
(doc. 98535)
2. Such additional rates and amounts that the Commission determines
are appropriate to adequately fund the actions necessary to perform the Commission's
functions under this Agreement.
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.
V: Environ\MWMC\lGA~Agrement. doc 4 ,2005
(doc. 98535)
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.
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:
V: Environ\MWMC\lGA~Agrement. doc 5 ,2005
(doc. 98535)
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 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
"A".)
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:
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 at the rates and in the amounts
V: Environ\MWMC\lGA~Agrement. doc 6 ,2005
(doc. 98535)
recommended by the Commission pursuant to Section 3. e. 1. Any objection to the
rates or amounts of such sewer user charges or system development charges
recommended by the Commission pursuant to Section 3. e. 1 shall be resolved
pursuant to the third paragraph of Section 16 of this Agreement. If the
Commission recommends additional rates and amounts pursuant to Section 3.e.2,
those additional sewer user charges and system development charges shall only
be adopted if they are approved 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.
V: Environ\MWMC\lGA~Agrement. doc 7 ,2005
(doc. 98535)
13. Annual Budget 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
set by the budget and CIP. Except for expenditures that the Commission reasonably
determines are necessary to meet Bond covenants and achieve and maintain an
unenhanced credit rating of A for the Commission's Bonds from at least one nationally
recognized rating agency, the Commission shall not make any expenditures until the
Commission's budget and CIP have been ratified by the Governing Bodies. The
Commission shall deliver its recommended budget and CIP, together with its estimate of
the rates and amounts that are necessary to fund the recommended budget and CIP, to
the Governing Bodies by May 1 of each year. If one of the Governing Bodies objects to
the recommended budget, CIP or the rates necessary to fund them, the Governing
Body shall make every reasonable attempt to use the reconsideration and mediation
process set forth in Section 16 in sufficient time to assure that the Commission has an
approved budget by July 1.
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 seweragebetween 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.
V: Environ\MWMC\lGA~Agrement. doc 8 ,2005
(doc. 98535)
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.
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 determination of rates and amounts
pursuant to Section 3. e. 1, 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 those rates and amounts 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 9 ,2005
(doc. 98535)
ATTACHMENT C
ORDINANCE NO.
AN ORDINANCE CREATING THE METROPOLITAN
WASTEWATER MANAGEMENT COMMISSION AS AN
INTERGOVERNMENTAL ENTITY; AND PROVIDING
FOR 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. Effective Date. 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, 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
TABLE
SL~nmary ~! 2~Y~r P,r~ec! Ust AIIl~t~ns f~ ImDm~rm~t F~
AIl~s~n
Gro~ Potion E~isting
(in ZOO4 ~:i~n (in ExJetin,g
PROJECT ,d,ollars) Gr~th % ~04 Dollam) U~m %
Coll~ System~l~lu~nt Pumping
Wil~k~nzJe Pump StetSon E:xp~n~sb n~ ~2,,2~,118 5~% ~3,T05, 5~2 82%
Scr~' Pu~mp Staten Ex~a~ns~on ~,,0,08 38% S1 ,,0~,~ 82% $I,7,~,,~
Ter~ Strut Pu~mp Sta~t~n U~tr,~e ~ CB, IV~il
Gien~ Pump Sta~ti,on Up, raCe $$91,178 38% $~,824 82%
RJ~r Avenue Ilmcr,~,ements ~0 0% $3~,~0 108%
LJ,qu~s
Heo~,~orks E:xp:~ns bn ~,8~,118 38% ~7,98~5,882 82:5';
Pdma¢~ d:~r~er enha~n,ce~n~s $7~8,4~1; 85~4 ~23,5~ 355~
~8~bn ~1 od,orou~ :~ir tmartme nl $1,797,,019 285~ ~5,102,~1; 745';
No~h :asret~on bssin ~mprovemsn~s $3,840,&2,8 595~ $2:,559,1~ 415';
~ n~a~ d a~r~,er ,eh bsnceme n~ts ~2:,2,C,3,,028 42:~4 ~3,,898,974 585~
F~ltm,tion $8,412,~9 4Z5; S11 ,T57,355 585~
Nec B~nksBe ,Ou~ll $573,529 385~ $9~,471; 825';
Sub~ot:~l LJ~ui~ Tre;attment $37~0:35,568 4~% ~8,~4~ 575';
Trea, a~ nt--, Biosoli~m
Wa~,e ~fiw,t,ed SludGe Th,i~enin~ ~2:,5,~,,8,0,~ 18~0~4 ~ 0%
Dice:stUn Ex~nsion,~C;~,ss A C~rbili~ $~,4~9,7~,~ 54~ $8,:310, Z~ 4~5~
D,i~estbn ~i:xin~ I mpr~eme nts $1,317,519 86~4 $682,481 345~
BJo,c~e F}~rm Phase 2 $~,528 225; $233,472 785~ $3~,,~
Bi,ochre F:arm P~rase 3 $~,528 225~ $233,472 785';
B~oc~e F:arm D4~ dbu~on Eq,uipment $57,8:58 225~ $~2,~2 785';
Corn po:st~nG b~c~l~y $1;~,145 22:5~ $E~,5,85:5 785';
B],osoi~,s Mam;a~em~nt F:~dli~ (BMF) - Line ]:a~ns ph,8:se 1 ~0 0% $1 ,~,~8 1005'; $I,2,~,,~
Su pp~d: Fsci]i~ies
~]~rte na,~me F:a~cili~ Il mcr,~,eme n~ $315,158 21% $1,1~,~ 79%
Fib,er iOp, tic W;ir]~r 9 $ 2,101; 21% $7,899 79% $ I
Sub~al Sup~rt $317,25T Z1% $1,192,743 79%
L:\CMO\2005 Councd Agendas\M050509\S0505093.doc
TA ELE 8,6,1.2
AH~,c,aa~,n Summa~
Gmw~ P,o~i~ n Existing
(in ~04 ~d:t~n (in Ex~st:tn,g
PROJECT d,oJlamm) Or~,t:h '% ~04 Dollars) U~rs '% Total
T,o~I Tma~e~
Effl u~en~ Re~u~e $5~21~512 ~% $14~5T,455 74%
0~ ProSpects
~ixin~ ~n~ St~ ~p~te ~21,~58 15% $1~,,~2 ~5% ~1~,~
P~I ~il~~ pl~n ~t~ (~1~) ~1,~1~ ~1% ~11~,~ 7~% ~1~,~,~
8ub~t~l O~h~er Proj~ $4,8~241 18;% $~2,1B~7~ 82%
L:\CMO\2005 Council Agendas\M050509\S0505093.doc