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Agmt05 San Mateo, County of (4) JPA
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Agmt05 San Mateo, County of (4) JPA
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Last modified
2/28/2006 10:41:56 AM
Creation date
2/28/2006 10:36:21 AM
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Agreement
Contractor Name
San Mateo, County of
PROJECT NAME
South Bayside Waste Management Authority - joint exercise of powers
RMP File Number
304
Date
12/19/2005
Reso Ref
14684
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<br />.. <br /> <br />4.2 Term. This Agreement shall continue at least until December 31,2019, or such <br />further period of time necessary to repay 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 />SBWMA, including, without limitation, indentures, resolutions, and letter of credit agreements. <br /> <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. The Service Area shall 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 shall not prevent any Facilities from being located <br />outside of the boundary of the SBWMA. <br /> <br />ARTICLE 6. MEMBERSHIP REQUIREMENTS OF SBWMA <br />6.1 Required Powers. Each Member of the SBWMA must at all times have the <br />following powers: <br />a. The authority to grant Solid Waste Collection Franchises. <br />b. The authority, commitment, 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 any 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 (JP A). <br /> <br />6.2 Founding Members. A Founding Member of the SBWMA shall be one who has <br />joined on the formation of the SBWMA December 9. 1999. Founding Members are listed as <br />such in Exhibit A and B hereto. <br /> <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 ofthe 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 membership. 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 6.3(b). <br /> <br />Page 4 <br />
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