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AgdaPkt 2005-12-19
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AgdaPkt 2005-12-19
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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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�� i� <br /> 13.12 Attributing Solid Waste. The SBWMA shall establish a fair and equitable <br /> method of attributing Solid Waste, Recyclable Materials and Plant Materials to the Members <br /> that are delivered to the Facilities. <br /> 13.13 Miscellaneous. T'he SBWMA may operate programs, conduct analyses, and <br /> perform studies from time to time, all in support of the purposes under this Agreement, as the <br /> Board so approves. <br /> 13.14 Member Cooperation. Members agree to cooperate in the accumulation of <br /> information supporting goals approved by the Board, as provided in this Agreement. <br /> ARTICLE 14. PENALTIES <br /> 14.1 Apportionment of Penalties. Any penalties assessed by regulatory authorities <br /> against the SBWMA shall be paid by the SBWMA. <br /> ARTICLE IS. WITHDRAWAL FROM SBWMA <br /> 15.1 Withdrawal Conditions. A Member may not withdraw from the SBVVMA <br /> unless and until that Member achieves the following: <br /> a. The liquida.tion in full of its proportion of any and all existing debts, <br /> obligations, and liabilities incurred, earned, or expected to be earned by the <br /> date of withdrawal, including but not limited to the Revenue Bonds, as <br /> determined by the Board. <br /> b. The provision to the SBWMA of a written notice of intent to withdraw from <br /> the SBWMA at least six (6) months prior to the end of the current Rate Year, <br /> specifying the date on which the Member intends to withdraw. <br /> c. The approval of such withdrawal by a 4/5 affirmative vote of Equity <br /> Members. <br /> ARTICLE IG. TERMINATION <br /> 16.1 Termination Requirements. This Agreement may only be terminated by consent <br /> of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not <br /> limited to, the Revenue Bonds. Upon the date of termination (hereinafter "Termination Date"), <br /> payment of any and all obligations and division of any and all assets of the SBWMA sha11 be <br /> conducted subject to the then-applicable requirements of the law (currently California <br /> Government Code §6511 et seq.), pursuant to the following: <br /> a. In the event of termination of the SBWMA where there is a successor public <br /> entity that will conduct a11 of the activities of the SBWMA and will assume all <br /> of its obligations, any and all SBWMA assets and liabilities remaining upon <br /> termination of the SBWMA shall be transferred to the successor public <br /> agency. <br /> b. If there is no successor public agency that would conduct the SBWMA's <br /> activities, all assets and liabilities shall be apportioned to each Member in <br /> proportion to the contribution of each current Member's ratepayers' total <br /> contribution during the Term of this Agreement. A reference to ratepayers' <br /> Page 12 <br />
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