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8.A. - Page 10
<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
<br /> who agrees to pay the equity equalizing fees and payments imposed as a
<br /> condition of inembership. Only an Equity Member shall have the right to
<br /> vote on any matter before the Board and on any matter to be voted on by a
<br /> Member except as provided in Section 63(b).
<br /> b. A Non Equity Member shall not be required to pay an equity equalizing
<br /> payment, and shall not have the rights and liabilities of Equity Members,
<br /> particularly under Section 15 Withdrawal and Section 16 on Termination of
<br /> the JPA. The Non Equity Member shall, however, direct its flow of Solid
<br /> Waste, Recyclable Material, and Plant Material to the Facilities subject to the
<br /> exception in Exhibit D hereto, and comply with the terms of the JPA with
<br /> respect to the flow of Solid Waste, Recyclable Material, and Plant Material.
<br /> The Non Equity Member shall be entitled to participate in Board Meetings
<br /> and activities, and receive all notices and information. However, it shall not
<br /> be entitled to vote on any matter before the Board, or on any other matter
<br /> unless the right to vote is expressly provided for the Non Equity Member.
<br /> c. Exhibit A hereto shall designate Equity Members and Exhibit B shall
<br /> designate Non Equity Members.
<br /> 6.4 All Members. Equity Members and Non-Equity Members shall, during the term
<br /> of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material,
<br /> and Plant Material to the Facilities. With respect to the Uniform Franchise Agreement all Equity
<br /> and Non-Equity Members shall have the right to participate in Board deliberations and
<br /> negotiations and to vote on all matters, including rates that are contained therein.
<br /> ARTICLE 7.POWERS
<br /> 71 SBWMA Powers. The SBWMA is authorized, but is in no way required, to act
<br /> in its own name on any or all of the following matters, as each Member could act separately, and
<br /> as it deems in the best interest of its Members, to the extent permitted by any and all applicable
<br /> laws, codes, ordinances, resolutions and regulations:
<br /> a. Acquire, construct, finance, refinance, operate, regulate, and maintain
<br /> Facilities.
<br /> b. Acquire, improve, hold, lease, and dispose of real and personal property of all
<br /> types.
<br /> c. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant
<br /> Material Transfer, Transport and Processing Facilities.
<br /> d. Plan, study, and recommend proper and appropriate Solid Waste Recyclable
<br /> Material and Plant Material Transfer, Transport and processing management
<br /> practices. Research and study issues related to Solid Waste Generation,
<br /> Collection, Transfer, Processing, Diversion, and Disposal, including but not
<br /> limited to source reduction, re-use, Recycling, and recovery.
<br /> ATTY/AGR/2013/AMENDMENTS/AMEND N0.2 SBWMA JPA AGREEMENT
<br /> REV: 06-10-13 PT
<br /> Page 5 of 24
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