The City has been asked by Montana State University-Billings (MSU-B) to enter into a Memorandum of Agreement (MOA) to include them in the City's water system sampling plan.  This agreement would provide MSU-B with the opportunity to seek a waiver from the Montana Department of Environmental Quality, which would exempt MSU-B from most of the monitoring requirements for public water systems under the Safe Drinking Water Act.  The agreement would not require additional sampling or any significant structural changes to the City’s sampling plan.  The agreement would not make the City responsible for the operation or maintenance of the water distribution system on MSU-B’s campus. The City’s legal department has concluded that a MOA of the nature desired by MSU-B constitutes an interlocal agreement and pursuant to Section 7-11-104, MCA of Montana’s Interlocal Cooperation Act, it "must be authorized and approved by the governing body of each party to the contract", so the Administrator is required by statute to receive the City Council’s authorization to enter into the agreement on behalf of the City.

The City Council may:

• Authorize the City Administrator to enter into an interlocal agreement with MSU-B to include their facilities in our water system, or
• Reject the agreement with MSU-B. 

There is no financial impact that results from entering into the agreement with MSU-B.

Staff recommends Council authorize the Administrator to sign a renewable Memorandum of Agreement (MOA) with Montana State University-Billings (MSU-B) to include their campus in the City's water system sampling plan.