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AgdaPkt 2005-12-19
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AgdaPkt 2005-12-19
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Last modified
7/16/2012 5:00:53 PM
Creation date
12/15/2005 3:08:35 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
12/19/2005
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�,6 io <br /> 4.2 Term. This Agreement sha11 continue at least until December 31, 2019, or such <br /> further period of time necessar ty o repav anv revenue bonds issued by the SBWMA, and <br /> thereafter shall continue until terminated or dissolved by a vote taken in accordance with Section <br /> 10.8 of this Agreement. However, in no event shall the Members vote to terminate or dissolve <br /> the SBWMA if its termination or dissolution would conflict with or violate the terms or <br /> conditions of any bonds, financial instruments, or related documentation by or on behalf of the <br /> SB WMA, including, without limitation, indentures, resolutions, and letter of credit agreements. <br /> ARTICLE 5. BOUNDARIES <br /> 5.1 Service Area. The SBWMA shall exercise its powers within its Service Area <br /> boundaries, as they may change from time to time. T'he Service Area sha11 be the consolidated <br /> boundaries of the Agencies as defined in Exhibit C. If an Agency withdraws from the SBWMA, <br /> the boundary of the SBWMA shall be modified to exclude the area of the withdrawing Agency. <br /> Such withdrawal and redrawing of boundaries sha11 not prevent any Facilities from being located <br /> outside of the boundary of the SBWMA. <br /> ARTICLE G. MEMBERSHIP REQUIREMENTS OF SBWMA <br /> 6.1 Required Powers. Each Member of the SBWMA must at a11 times have the <br /> following powers: <br /> a. The authority to grant Solid Waste Collection Franchises. <br /> b. The authority, commihnent, and agreement to direct the flow of Solid Waste, <br /> Recycling and Plant Material generated within the Member's respective <br /> jurisdiction to those Facilities specified by the SBWMA, except as provided in <br /> Sections 2.08 and 2.09 of the Uniform Franchise Agreement, Exhibit D <br /> hereto, for a period of time which shall minimally be until December 31, <br /> 2019, or such further period of time necessary to repay � revenue bonds <br /> issued by the SBWMA . <br /> c. The authority to set rates sufficient to provide for the financing and operation <br /> of the SBWMA Facilities. <br /> d. The authority, by law, to enter into this Joint Powers Agreement (JPA). <br /> 6.2 Founding Members. A Founding Member of the SBWMA shall be one who has <br /> 'oi� ned on the formation of the SBWMA December 9, 1999. Founding Members are listed as <br /> such in E�chibit A and B hereto. <br /> 6.3 Membership. A Member shall, on joining the SBWMA, elect whether to be an <br /> Equity Member or a Non Equity Member. <br /> a. An Equity Member shall have all of the rights and liabilities of a Member of <br /> the SBWMA. An Equity Member shall be a Founding Member who, on <br /> joining, elects to be an Equity Member, and shall include a New Member who <br /> agrees to pay the equity equalizing fees and payments imposed as a condition <br /> of inembership. Only an Equity Member shall have the right to vote on any <br /> matter before the Board and on any matter to be voted on by a Member except <br /> as provided in Section 63(b). <br /> Page 4 <br />
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