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HomeMy WebLinkAboutResolution 2018-01 01/16/2018 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. _2018-01 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 TGA, 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 TGA 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. Page 1 of 2 ADOPTED by the Common Council of the City of Springfield this 16 day of 201 by a vote of 5 for and 0__ against. (1 absent - Wylie) 1 Council President ATTEST: REVIEWED ROVED / AS TQ F City Recor r DATE: OFFICE ol0 ci' ATTORNEY Page 2 of 2 EXHIBIT A 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 " 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 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 f=acilities 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 farce and effect. Page 1 of 2 {00146145;1} Amendment No. 1 to the 2005 Restated and Amended Agreement 1 EXHIBIT A The undersigned, by authority of their respective Governing Bodies, have executed this Amendment on the dates indicated. DATE: CITY OF ING LD, a Municipal Corporati f th t t of Oregon l��f By: ' Titie: itv Manager DATE: CITY OF EUGENE, a Municipal j Corporation of the State of Oregon By Title: City Manager DATE: LANE COUNT , a Poli ical S iv io of the St Orego GO-JArl Admi REVIEWED&APPROVED AST0711 l7ATE. OFFICE F CI ATTORNEY Page 2 of 2 {00146145;1} Amendment No. 1 to the 2005 Restated and Amended Agreement 2