HomeMy WebLinkAboutItem11 Proposed Modifications to the Metropolitan Wastewater Management Commission Intergovernal Agreement AGENDA ITEM SUMMARY Meeting Date: 1/16/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Matt Stouder/DPW Staff Phone No: (541) 736-1006 Estimated Time: 15 minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and
Innovative Government
Services
ITEM TITLE: PROPOSED MODIFICATIONS TO THE METROPOLITAN WASTEWATER
MANAGEMENT COMMISSION INTERGOVERNMENTAL AGREEMENT.
ACTION REQUESTED:
Adopt A RESOLUTION OF THE CITY OF SPRINGFIELD APPROVING THE
AMENDMENT OF THE METROPOLITAN WASTEWATER MANAGEMENT
COMMISSION INTERGOVERMENTAL AGREEMENT
ISSUE STATEMENT: The attached draft MWMC IGA includes modifications to not preclude the MWMC to accept hauled waste from outside of the MWMC’s service area.
ATTACHMENTS: 1) Resolution
2) Amendment No. 1 to 2005 MWMC IGA 3) 2005 MWMC IGA
DISCUSSION/
FINANCIAL
IMPACT:
The Metropolitan Wastewater Management Commission (MWMC) was formed by
Intergovernmental Agreement (IGA) in 1977 by the Governing Bodies of Eugene,
Springfield and Lane County to construct, operate and maintain Regional Sewerage Facilities (Facilities) to service the Eugene-Springfield Metropolitan area.
In paragraph 8.e of the IGA, the Governing Bodies have established service area boundaries to ensure that service is provided only to areas within the city limits of
Eugene and Springfield; to users currently being served (e.g. Eugene Airport); or to
whom contractual service commitments have been made. Exhibit C to the Operation, Maintenance and Administrative Services Agreement of the IGA allows
the MWMC to provide service to septage haulers.
The MWMC has received requests from mobile waste haulers from outside the
service area to accept other forms of hauled waste besides septage at its Facilities. In July 2017, the MWMC directed staff to request the Governing Bodies to modify
paragraph 8.e of the IGA such that the service area boundaries not preclude
acceptance of septage and other forms of hauled waste appropriate for treatment at the Facilities from areas originating outside the service area.
Modifying the IGA to not preclude acceptance of hauled waste from outside the service area will have a negligible impact on MWMC’s Facilities. These requests
are generally temporary in nature, small in volume (i.e. no capacity constraints in
the piped system or at the Facilities), and would be thoroughly evaluated by regional program staff before acceptance. A benefit to the Governing Bodies and
the MWMC would include modest revenue generation for the regional wastewater
program.
The amended IGA represents the collective recommendations of the Legal
Counsels of Eugene, Springfield and MWMC, as well as staff. The Eugene City Council voted to approve the amended IGA on 12/11/17, as did the Board of
County Commissioners on 12/19/17.
ATTACHMENT 1, Page 1 of 2
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY OF SPRINGFIELD APPROVING THE AMENDMENT OF THE
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION INTERGOVERNMENTAL AGREEMENT
WHEREAS, pursuant to ORS Chapter 190, the Cities of Springfield and Eugene and Lane County
(Governing Bodies) entered into an intergovernmental agreement (IGA) on February 9, 1977
establishing the Metropolitan Wastewater Management Commission (Commission) to construct, operate
and maintain Regional Sewerage Facilities (Facilities) to service the Eugene-Springfield Metropolitan
area;
WHEREAS, Pursuant to paragraph 8.e of the IGA, the Governing Bodies have established service area
boundaries to ensure that service is provided only to areas within the city limits of Eugene and
Springfield; 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 Metro Plan and Public Facilities and Services Element
provisions in Chapter III of the Metro Plan, as amended; and
WHEREAS, Exhibit C to the Operation, Maintenance and Administrative Services Agreement between
the City of Springfield, the City of Eugene and the MWMC allows the Commission to provide service to
septage haulers, which shall include sampling discharges and collection and delivery of fees established
by the Commission; and
WHEREAS, The Commission has received requests to accept other types of hauled waste from outside
the service area at its Facilities; and
WHEREAS, The requests to allow acceptance of hauled waste from outside the service area at the
Commission’s Facilities are temporary in nature and do not require extension of service outside the
service area boundary; and
WHEREAS, The Commission has directed regional wastewater program staff to request the Governing
Bodies to modify Paragraph 8.e of the IGA such that the service area boundaries shall not preclude the
Commission from accepting septage and other forms of hauled waste appropriate for treatment in the
Facilities originating from areas beyond the service area boundaries; and
WHEREAS, The Commission has requested regional wastewater program staff to make minor
housekeeping amendments to the IGA attached herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The City Council hereby declares its intent to amend the Metropolitan
Wastewater Management Commission’s Intergovernmental Agreement in the form attached as Exhibit
A.
Section 2: This Resolution will take effect upon the latest of the effective dates of the
resolutions approved by the Governing Bodies.
ATTACHMENT 1, Page 2 of 2
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
ATTACHMENT 2, Page 1 of 2
{00146145;1} Amendment No. 1 to the 2005 Restated and Amended Agreement 1
AMENDMENT NO. 1 TO THE 2005 RESTATED AND AMENDED AGREEMENT CREATING THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
This Amendment No. 1 (this “Amendment”) to the 2005 Restated and Amended Agreement
creating the Metropolitan Wastewater Management Commission (the “Amended IGA”),
originally effective July 5, 2005, is entered into between 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, (collectively, the “Governing Bodies”). 1. Amendment. The Amended IGA is amended as indicated below. Text to be deleted
is struck through and inserted text is bolded.
1.1 Paragraph 3.j. of the Amended IGA is amended to read as follows:
“Provide service only as specified in Section 8.e., below to the Governing Bodies.”
1.2 Paragraph 8.e. of the Amended IGA is amended to permit acceptance of hauled waste as follows:
“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. In addition, the Commission may accept septage and other forms of hauled waste appropriate for treatment in the Regional Sewerage Facilities
originating from areas beyond the service area boundaries, subject to applicable land use Goals, laws and regulations.”
2. Effective Date. This Amendment is effective upon the last signature provided below.
3. Effect of Amendment. Except as expressly amended above, all other terms and conditions of the Amended IGA are still in full force and effect.
ATTACHMENT 2, Page 2 of 2
{00146145;1} Amendment No. 1 to the 2005 Restated and Amended Agreement 2
The undersigned, by authority of their respective Governing Bodies, have executed this Amendment on the dates indicated.
DATE: CITY OF SPRINGFIELD, a Municipal
Corporation of the State of Oregon
______________________ By: _______________________________
Title: City Manager________________
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 Administrator_________
APPROVED AS TO FORM Date _________________ Lane County
_________________________________________ LANE COUNTY OFFICE OF LEGAL COUNSEL
RESTATED AND AMENDED AGREEMENT
METROPOLITAN WASTEWATER MANAGEMENT COMMISSION
THIS RESTATED AND AMENDED AGREEMENT was entered into the 6..JI..b day of
:J't..l~ , 2005 by the City of SPRINGFIELD and the City of EUGENE, municipal
corpor 1ons 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 within the Urban
Growth Boundary 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, 197 4, 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.
9. The Cities and the County are determined to provide sewerage on a unified basis
within the Urban Growth Boundary.
Restated and Amended Agreement-Page 1 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 1 of 31
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. Cl P. 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 Sewerage 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. Regional Sewerage 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. Sewage: The contents of a sewer.
9. Sewer. A conduit to carry off water and wastewater.
10. Sewerage. 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.
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
Restated and Amended Agreement-Page 2 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 2 of 31
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
·····---------···-----SectieA-~-of-thls-Agr-eer-nent----·-·--------·-·------· --···--.. ----------·----~----·--·--·----------· __
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
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:
Restated and Amended Agreement-Page 3 of 9 June, 2005 (doc.102151) .
ATTACHMENT 3, Page 3 of 31
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 to achieve full cost recovery;
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. Ensuring equity between newly connected and previously connected
users for their total contributions toward the Regional Sewerage Facilities;
5. Ensuring 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.
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,
Restated and Amended Agreement-Page 4 of 9 June, 2005 (doc.102151) ATTACHMENT 3, Page 4 of 31
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 pr-opGsed 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 Sands.
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.
Restated and Amended Agreement-Page 5 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 5 of 31
c. Prescribe officers of the Commission, including president and other officers to
be elected by the Commission from among its members. The president shall see that
meetings of the Commission are conducted in accordance with the bylaws.
6. Meetings: Meetings of the Commission shall be held regularly at times and places
designated in the bylaws.
7. Functions of Governing Bodies: The Governing Bodies shall continue to perform
the following functions:
a. Billing and collection of 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. Obligations of Goverrling 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 minh:num, 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 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.
Restated and Amended Agreement-Page 6 of 9 June, 2005 (doc.102151)
(
ATTACHMENT 3, Page 6 of 31
e. Establish seiVice area boundaries and provide for adjustment thereto as
necessary to ensure that seiVice is provided only to areas within the city limits of
Eugene and Springfield (City Limits); to users currently being seiVed or to whom
contractual seiVice commitments have been made who are outside the City Limits; and
to any other areas outside the City Limits ·to which seiVice may be extended in
conformity with the Growth Management provisions in Chapter II of the Metro Plan and
the Public Facilities and SeiVices Element provisions in Chapter Ill 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. 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
to the complainant its findings and recommendations regarding the complaint.
13. Annual Budget and Capital Improvement Program: The Commission shall prep-are
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
unenhaneed 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 Cl P, to
the Governing Bodies by May 1 of each year. If one of the Governing Bodies objects to
Restated and Amended Agreement-Page 7 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 7 of 31
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 syst~m 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 shalt request that the Commission reconsider such action by delivering a
written request therefor to the Commission. The Commission shalt 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.
Restated and Amended Agreement-Page 8 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 8 of 31
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:
DATE:
DATE:
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CITY OF EUGENE, a Municipal
Corpora · n of the State of Oregon
By:~~=-~--~~4-~~~---
Title: ---=;..:..:.,.t,.,...:...:..:..::==.:...-----++--
LANE COUNTY, a Political Subdivision
Of the State of Oregon
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Restated and Amended Agreement-Page 9 of 9 June, 2005 (doc.102151)
ATTACHMENT 3, Page 9 of 31
(
ATTACHMENT 3, Page 10 of 31
APPENDIX "A"
EUGENE-SPRINGFIELD REGIONAL
SEWERAGE FACILITIES DEFINITION
I. Background.
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. Regional Sewerage 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.
Appendix A -Page 1 of 3 June, 2005 (doc.94093) ATTACHMENT 3, Page 11 of 31
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 Urban
Growth Boundary.
B. Temporary Regional Sewerage Facilities.
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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.
Ill. Conveyance of Ownership of Temporary Regional 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 Change Without Redesignation.
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. Original Definition of Existing 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.
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