HomeMy WebLinkAbout05/11/1993 Item 2 - Joint Powers Agreement for Solid Waste Management QI�iNI� l�lf I(III�II IIUIII
city r MEETING DA
lAd c� o san �ai s OBISPO s��-
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: John Moss PREPARED BY: Cyndi Butterfield
Acting Utilities Director Solid Waste Coordinator
SUBJECT: Joint Powers Agreement for regional solid waste management
RECOMMENDATION:
I
Receive report on the Joint Powers Agreement and by motion, approve in
concept the Joint Powers approach for implementation of regional solid waste
programs and facilities as recommended by staff.
DISCUSSION
The purpose of the report
At the April 13, 1993 Council study session, Council expressed important concerns regarding
potential disadvantages of City participation in a Joint Powers Agreement for
implementation of regional solid waste programs and facilities. These concerns included:
The potential for a beneficial relationship with County government as a lead agency.
The development of a new, unneeded, layer of regional government.
The costs of regional programs.
Staff intensive regional government.
Equitable jurisdictional representation in a waste management Joint Powers
Authority.
This report discusses each of these concerns and provides Council with a staff
recommendation in response to Council concerns. Background information on regional
organizational options is reviewed and regional waste management is discussed.
Background
AB 939 planning was accomplished on a regional basis. In 1990, the cities and the County
decided to participate in a consolidated planning effort and joined under a Memorandum
of Agreement to prepare AB 939 mandated plans. The rationale for regional planning
included the intent to share the costs of plan development and to generate consistent plans
that would provide a smooth transition into regionally coordinated programs and facilities.
The trend toward regional waste management is evident in the State mandated County
Integrated Waste Management Plan which describes how the.separate jurisdictions will work
together to accomplish waste diversion goals.
11141opliip city or San ..Ais OBlspo
Hii% COUNCIL AGENDA DEPORT
JPA Report
May 11, 1993
Page 2
Options for regional organizational models. During 1992, a subcommittee of the Solid Waste
Task Force (TF) examined the organizational options for implementation of regional solid
waste programs and facilities. The subcommittee looked at the Lead Agency, the District,
and the Joint Powers Agreement as potential organizational models. A brief discussion of
each of these options follows.
Districts are formed by an electoral process and involve the creation of new and independent
governmental entities. This option would provide an opportunity for integration of all solid
waste activities. Jurisdictions would have representation but; with the district, local control
is shifted from existing governments (cities and the county) to the district. The TF
eliminated this .option due to this loss of control by existing agencies and the difficulty if
forming a district through the electoral process.
A Lead Agency would exercise control over, and manage programs and facilities on the
behalf of other participating jurisdictions. This option would shift tasks onto a lead agency
but does not provide an arena for participation in decision making by jurisdictions. TF
representatives determined that jurisdictional input in the planning and implementation of
regional programs and facilities is essential. Therefore, this option was also eliminated. -
A Joint Powers Authority (Authority) is formed by a Joint Powers Agreement (JPA). This
agreement is a voluntary contract between participating jurisdictions that join together to
accomplish specific objectives. The powers available to an authority are granted to it by
member agencies and are limited to the existing powers of the participants. This format
does not necessitate the creation of a stand alone agency, but can be constructed to develop
an alliance of jurisdictions that join for mutual benefit. This model was recommended by
the TF to the Council of Governments since it offers flexibility and an arena for local
participation in the decision making process.
The TF also recommended that the Authority formed by the JPA should be a body made
up of the same jurisdictional representation*as the Council of Governments (COG). In
addition, the TF and the COG recommended that this Authority should be independent
from COG, with separate staff headed up by an experienced solid waste manager
responsible directly to the Authority. This recommendation came from the awareness that
management of complex and expensive solid waste programs and facilities would demand
staff experienced in program and facility implementation and management rather than staff
with planning and administration experience.
a
'11M IJ f fj crty of san _.Ais oBispo
WhGe COUNCIL AGENDA REPORT
JPA Report
May 11, 1993
Page 3
Council Concerns
Several good questions were posed by Councilmembers during the discussion of April 13.
These questions are outlined below, followed by Staff's response.
1. Is there a potential for the City to work with County government to implement regional
programs and facilities without forming a JPA?
The use of existing staff within jurisdictions to avoid the creation of another layer of
regional government could be attempted by working with County government on solid waste
programs. However, cooperation with other jurisdictions in addition to the County is an
important component of cost effective regional facilities and thus,some format for assuming
such cooperation is essential. In this case a Lead Agency relationship would most likely be
needed to clarify multi jurisdictional relationships and assure cooperation. The County
would be the most likely "Lead Agency".
Staff maintains that the drawbacks involved in the Lead Agency model outweigh the
advantages. The City would have limited control over development and management of
programs and facilities. Ongoing City involvement in this process is a critical responsibility
in representing the interests of rate payers. Instead,staff proposes to include the advantages
of using existing staff and avoiding the creation of another bureaucratic layer of government
into a "lean" JPA model. This model is described in more detail below.
2. Is there reason for concern about the creation of another layer of regional government?
Yes. Staff maintains that the "bureaucratic" model of regional government, given the
opportunity, can become unwieldy, staff intensive, and financially draining. This model
typically, over time, expands its control base, may generate a low level of trust, and engages
in very little use of the private sector.
The potential for creation of this type of bureaucracy stems from the content of the
proposed contract agreed upon by the member jurisdictions. Staff proposes to address these
very real concerns by suggesting modifications to the JPA that recognizes contemporary
challenges to jurisdictions including fiscal constraints and cuts in staff and services. This
model is characterized by a lean staff, maximum use of member agency staff and resources,
and maximum use of private sector resources. In this case, the regional body is more of a
contracting agency staffed by a professional solid waste manager rather than a program
administrator.
4'
city of san ...is oBispo
COUNCIL AGENDA REPORT
JPA Report
May 11, 1993
Page 4
3. Is there a potential for the costs of regional programs and facilities to exceed the costs
of locally implemented programs?
Although that potential exists, staff maintains that a properly structured and managed "lean"
JPA, as described above, with equitable local input would provide jurisdictions an
opportunity to save money by sharing in the costs of efficiently managed programs and
facilities while avoiding program redundancy and excess.
Regional management of solid waste programs and facilities makes economic sense for a
number of reasons. The regional approach can provide more efficient management of
collection and processing systems, and the development and distribution of educational
materials. Economies of scale can be realized through efficient use of capital from a
number of jurisdictions that is dedicated to regional benefit. The regional approach can
provide facilities and services to member jurisdictions not otherwise financially possible.
Siting regional facilities can prove to be less time consuming, less expensive to permit, and
more environmentally sound than siting multiple facilities for individual jurisdictions.
Regional management may be necessary to ensure the flow of an adequate quantity of
materials to a processing or composting facility. A reliable flow of recyclables may be
essential to obtain financing for facilities and to provide a reliable and marketable product.
4. Will regional staff be cost effective?
Again, containing the expansion of regional staffing and the costs associated with staff will
be dependent on how the agreement between jurisdictions is structured. The JPA model
discussed above and recommended by staff would be based on minimum regional staff,
maximum use of City staff and resources, and maximum use of the public sector. Within
this framework, jurisdictions could benefit from not having to pay local staff to repeat
programs already developed in other jurisdictions. For example, if education and public
information materials are coordinated on a regional level, City staff could have input in the
development and distribution of the materials but would rely upon regional staff for
production. Also, regionally collected tipping fees would fund the production of educational
materials. The use of regional staff in this case would eliminate program redundancy and
be cost effective.
Attachment 1. is an organizational chart of the current SLO Council of Governments
(SLOCOG). The staff proposal to develop a JPA that would prescribe a "lean" regional
staff would cut down on the need for regional staff by contracting with jurisdictions or the
private sector for services and maximizing the use of existing jurisdiction staff.
40%!WtJ city of san _..tis oBispo
8ftGeCOUNCILAGENDA REPORT
JPA Report
May 11, 1993
Page 5
5. Can the regional waste management Authority provide cities with more equitable
representation than SLOCOG?
Yes. A JPA can be developed and proposed to partner jurisdictions that provides for
weighted votes or a super vote, thus minimizing the impact of a single agency (the County).
Staff maintains that, conceptually, the JPA as a structure for regional programs can be put
to work to the best interest of the City. The JPA provides a flexible model that can be
adapted to address the budgetary and staffing challenges faced by jurisdictions today. Staff
proposes that the JPA model to be pursued should recognize current fiscal limitations and
that the conditions that could cause a larger than needed regional government be eliminated
in favor of an agreement that is structured for the mutual benefit of the members rather
than for the benefit of the regional organization.
The following are some specific benefits to City participation in a JPA as recommended by
staff:
Equitable jurisdictional representation.
The regional authority needed to direct the use of tipping fees currently accumulating
as implementation funds.
A forum for planning coordinated regional, subregional and local programs and
facilities.
A forum for discussing the scope of regionalization.
A regional authority to coordinate contracts between participating jurisdictions and
the private sector.
A framework for local jurisdictions to "buy in" to specific regional programs, facilities
or services.
An opportunity for jurisdictions to compete as providers of regional services. For
example, the City might want to compete for the contract to manage regional
education and public information programs.
ill city Of San L.JS OBISPO
Ologe COUNCIL AGENDA REPORT
JPA Report
May 11, 1993
Page 6
SUMMARY
Staff concludes that participation in targeted regional programs and facilities is in the best
interest of the City and that the JPA provides the most flexible framework for developing.
a workable contract with other jurisdictions. The Solid Waste Task Force was created as
a planning body and the COG was engaged as the appropriate lead agency for planning
purposes. An implementing body is now needed to provide for coordination of local and
regional programs and facilities.
Staff has taken into consideration Council's concerns about the potential for working with
the County to implement programs; the creation of a new, unneeded layer of government;
the costs of regional implementation; and the costs of staffing regional government. In
response, staff recommends the development of a JPA that would address these concerns.
Specifically, staff recommends development of a regional Authority that would:
Act primarily as a decision making and contracting agency.
Operate with a minimum of staff. -
Be managed by a solid waste professional who would be directly responsible to the
Authority.
Maximize use of existing local staff and resources.
Maximize private sector resources.
Staffrecommends that the City participate in regional implementation of specific solid waste
programs and facilities and that the above recommended JPA model would be the best form
of regional government to address contemporary staff and fiscal challenges. A specific
alternative to the recommendation is not provided based on the strong evidence that a
regional approach will provide cost savings and program efficiencies, and that the proposed
JPA would best suit the City's needs..
Attachment:
1. SLO Council of Governments organizational chart
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MEET[ ` AGENDA
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MEMORANDUM
May 11, 1993
TO: John Dunn, City Administrative Officer
FROM: Ken Hampian, Assistant City Administrative Officer/�
SUBJECT: COG/SLORTA Costs
In following up on the Mayor's request for historical information regarding the City's annual
contributions to the COG and the San Luis Obispo Regional Transit Authority, the
information outlined below has been provided by the Public Works Department.
1989/90 1990/91 1991/92 1992/93 1993/94
COG' 263,298 238,656 336,450 233,546 209,613
•City Share 52,660 47,732 67,290 46,709 41,923
S' '.TA 85,000 130,000 135,080 190,000 262,329
•
' The numbers shown are the COG budget funded through TDA (the balance is funded through other sources not affecting the City).
The City's share of that is based on our proportionate population,which is approximately 20%. Amounts are decreasing due to"urban"
status. Should start to rise again in the future.
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CLERK_ _ .._._..
SAN LUIS OBWi 0.CA
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San Luis 0� .spo Council of governments
Arroyyo Grande
Atascadero
-Regional Transportation Planning Agency- Grover Beach
Morro Bay
Metropolitan Planning Organization Paso Robles
ConCongestion Management Agency - Luis Beach
g g g y San Luis Obispo ,
San Luis Obispo County
_ ` MEETING AGENDA
COPIES _ DATE '� '� ITEM #
Ma 10 1993 0' o[c,Acion 0 FYI i
�' ' r1 ' 0 CD�DIR
Mayor Peg Pinard �'` D RREE ClM
ci of San Luis Ob' �r '�f �1. fi';+Die.
ty po CLL CSC' ❑ PvCi I.
990 Palm Street, 0 L_c. I-: AM 0 ALL
San Luis Obispo . CA. 93401 O GYD ,La LM LD12. 6
SUBJECT: -JOINT POWERS AGREEMENT FOR SOL1P WASTE MANAGEMv NT
Dear Peg; _
Our staff has obtained a copy of the May 11th Agenda Staff Report from your City Clerks
office regarding the proposed JPA for Solid Waste Management. Upon review of the
nate to provide some additional information regarding the
report I feel it is approp
proposed JPA in order to allow you the opportunity to make a fully informed decision on
this subject.
The proposed Solid Waste JPA was drafted by the- County Counsel's Office under the
direction of a Subcommittee was
of the Solid Waste Task Force. This Subcommittee
comprised of a County Representative (Harry Ovitt), a City Representative (Mike Upton,
Morro- Bay), a Special District Representative (John Wallace, Oceano and San Simeon
Districts), the Waste Hauler Task Force Representative (Tom Martin), and County Counsel
Ray Beiring. The Draft JPA document was modelled after Solidother voting structure of
have been adopted in the state, and the existing rg=7ational and
the COG and SLARTA"JPAs.
The Draft JPA has been circulated to all eight- member jurisdictions for. their review and
- - comment with the attached question and answer style discussion of the major issues.
The draft document will be modified based upon the comments and concerns of the
member jurisdictions, with all issues that are identified being addressed with a response '
from the SWTF Subcommittee. The revised document will then be circulated for
consideration by member agencies for adoption.
The attached revised Organizational Chart should be used to replace'. the Chart provided _
in your Staff Report. The revised 'chart more_ clearly, shows the structure of our
organization than the older, outdated chart we originally provided to your staff. RE,CE:1Vk'L) _
MAY 10- 1993
- clrr COUNCIL
SAN LUIS OBISPO,CA k
1007 Monterey St: San Luis Obispo,CA. 93408;, tel. (805) 781-4219; fax. (805) 781-5703
7 - 1
I hope to be able to address your- Council on the JPA issue, at your meeting on May I lth.
The'. attached: copy of the proposed JPA and the-,question and answer format discussion
should help clarify_some of.the issues related to this document'
/ 'Sincerely;
Ronald L. DeCarli -
Executive Director
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THE FOLLOWING SERIES OF QUESTIONS AND ANSWERS ARE INTENDED TO
IDENTIFY MAJOR ISSUES AND EXPLAIN THE VARIOUS POINTS OF DISCUSSION
* Why is the JPA being proposed? What were the other options considered ?
The JPA is being proposed as the organizational structure for the Integrated Waste
Management Authority that is identified in the Source Reduction and Recycling Elements
(SRREs) and the Household Hazardous Waste Element (HHWE) developed pursuant to
AB 939. These plans anticipate the development and implementation of various
programs and facilities that are multijurisdictional in nature to avoid duplication of efforts
and achieve economies of scale and operations that would be the most cost effective.
Other options considered were the formation of a district or the allowance for a lead
agency to conduct the proposed areawide programs. The Council of Governments Staff
attended meetings with each jurisdiction's governing board to discuss each option, and
all of the boards expressed a preference for the Joint Powers-Agreement option because
this is the alternative that provided for direct participation by all jurisdictions. The.
formation of a new district would require an elect-ion and create an entity that would be
independent of the cities and county. The designation of a lead agency for this function
would not provide.for direct participation by all of the affected jurisdictions.
* Why do we need a regional agency for solid waste ? What types of issues
would the JPA address regarding solid and hazardous wastes ?
A regional agency for solid.waste is proposed to develop and manage the types of
facilities and programs that can be provided most cost effectively and efficiently at the
regional level. Facilities such as a Material Recovery Facility (MRF) or Regional
Composting Facility or new landfill would be too expensive for an individual jurisdiction
to afford.
The SRREs, propose that 2 levels of program development occur. Local programs,
continuing under the direction of the local jurisdiction (such as recycling within each
community in conjunction with the local hauler or recyclers); and regionalized programs,
addressing source reduction, public education and information, and the development of
larger scale facilities (not anticipated until the 1995-2000 medium term phase) such as a
MRF, landfill or Composting Facility.
The HHWE is proposed to be pursued entirely on a regional level due to the costs,
expertise and scope of the required efforts. In addition,the common aspects of the
required source reduction, public education and information components can be
integrated under one program to .minimize staffing and maximize efficiency and cost
effectiveness.
Why is the issL f the JPA being raised at this ti►
This issue is being raised at this time in order to provide for the mechanisms to
'accomplish the mandated goals of AB 939 in a timely and cost effective capacity. As
each jurisdiction considers their SRREs and HHWE for adoption, there needs to be an
understanding of the structure for the proposed Integrated Waste Management Authority.
The formation of such an organization takes time, and it is necessary to begin laying the
groundwork and developing a consensus on the issues that must be addressed before
all of the affected jurisdictions are ready to move forward.
Who will be partof the JPA ?
SECTION 7 ORGANIZATION describes the membership and organization of the
Integrated Waste Management Authority (IWMA). Membership in the proposed IWMA
shall be voluntary and subject to ratification of the JPA. The Draft.JPA provides for a
membership to be comprised of the County of San Luis Obispo and all incorporated
cities within the county, presently or in the future. The proposed governing board would
be comprised of the five members of the Board of Supervisors and one representative
from the governing board of each incorporated city (the same as the existing JPAs for
the COG and SLORTA).
The Solid Waste Task Force recently discussed the proposed JPA and raised the issue
of representation and the desired makeup and voting structure of the governing board
to ensure that equity and fairness can be maintained to the satisfaction of prospective
member agencies.
J
* What will be the authority under the control of the JPA ?
It is intended that the WMA will be establishing the Source Reduction, Education and
Public Information, and Household Hazardous Waste programs during the initial stages
of program development. The design and development of a Material Recovery Facility
and Regional Compost Facility will be pursued in several years as the need to increase
the diversion rates to the 50% level approach.
There is also a strong possibility that the development of additional landfill capacity in the
coastal portion of the county will require a governmental entity to site and secure permits
for a new facility. The private sector. would be encouraged to construct and operate
these larger scale facilities under the direction of the IWMA. There is no intention for the
IWMA to usurp the traditional roles played by the individual jurisdictions or the private
sector in establishing facilities or local collection_services or rates.
A concern that has been identified for discussion is the issue of "flow control'. Flow
control refers to the authority to direct materials (collected waste, recyclables,greenwaste,
etc.) to a specified facility. The Draft JPA does not alter the current status, wherein each
jurisdiction retains the right to control their own wastestream (although few actually
formally exercise such control at this time). The IWMA would require that jurisdictions
participating in given programs or facilities commit their wastestreams;for processing as
facilities are developed (Separate agreements will be formulated in conjunction with
initiating various proje(,,�). This is to guarantee adequate rn .. rials and time to allow for
financing the construction and operation of the MRF, composting or HHW facility.
The powers of the IWMA are defined in SECTION 5 Powers of the Draft JPA. These
powers include the ability to "... acquire, construct, finance, refinance, operate, regulate
and maintain a landfill, transfer station, a MRF; composting, HHW ... Facilities" that serve
all or some of the member jurisdictions. And will "... also have the power to plan,study,
' and `recommend proper solid waste management consistent with the Act and, to the
extent permitted by the Act, implement SRREs, the HHWE and the Siting Element for all
or any portion of the area included within the Authority's boundary." This language
establishes a broad basis upon which the IWMA can act.. The powers are intended to
give flexibility to the IWMA to undertake activities and functions that the member agencies
may deem appropriate.
In addition, the JPA Powers Section of the proposed document indicates that "To the full
extent permitted by applicable law, the Authority is authorized, in its own name, to do all
acts necessary or convenient for the exercise of such powers that each Member could
exercise separately including, without limitation, any of the following:"
(the following are paraphrased - see SECTION 5. POWERS for complete text)
(a) make and enter contracts
(b) accept grants, advances and contributions
(c) contract for services
(d) plan and conduct studies
(e) acquire real and personal property
(f)- sue and be sued .
- (g) incur and discharge debts, liabilities and obligations
(h) establish rates and fees in connection with joint powers facilities and
services provided
(i) hire agents and employees
(j) exercise the power of eminent domain
(k) issue revenue bonds etc. for the purpose of raising funds to finance
acquisition, construction etc. of facilities
(1) sell or lease facilities
(m) loam the proceeds of Revenue Bonds to any person or entity to
finance etc. identified facilities
(n) requires that processing costs (for wastes at WMA facilities where
local agencies have directed materials be deposited) be included in
local rate structures by a "pass through" to ratepayers.
(o) provides that the holders of Revenue Bonds, be third party
beneficiaries of any of the obligations of any Member to the Authority
and to covenant with the holders of any Revenue Bonds on behalf
of any such Member to perform such obligations and comply with
any agreements that Member may have with the Authority.
The powers will be exercised subject to the limits set forth in the JPA, and applicable
laws. An agency will be designated (most likely the County) as the agency required to
be designated by Sec. 6509 of the California Government Code. Section 6509 provides
as follows: "Such power is subject to the restrictions upon the manner of exercising the
power of one of the contracting parties, which party shall be designated by the
agreement." Accordingly the Government Code requires the designation of a parry in the
Joint Powers Agreemer. s a"benchmark"for the limit of the I ers of all the contracting
parties.
In addition the document states that, V and to the extent that the Authority exercises a
power granted to it under this Agreement and the exercise of a like power by one or
more of Members within its or their boundaries would be inconsistent with or likely to
interfere with the exercise of that power by the Authority,that member or those Members
shall not exercise that power; .." with the exception of any zoning, building, land use or
safety ordinances, laws, or regulations.
* What funding will be needed and where will it come from ?
SECTION 9 JOINT OPERATING FUND AND CONTRIBUTIONS as well as SECTION 8.6
BUDGET describe the proposed fiscal structure of the IWMA. The necessary funding for
the IWMA is intended to be user fees derived from tipping and gate fees at landfills and
other facilities.
The Authority shall have the power to establish a joint operating fund. Members may be
required to deposit into that fund, in cash, amounts specified by the Authority" It is not
anticipated that assessments will be the basis of funding, but rather user fees as stated
above.
The IWMA is proposed to provide the countywide Source Reduction Programs and the
Education and Public Information Programs in conjunction with local efforts. The costs
estimated for the Recycling and Composting Programs include the operational and
amortized capital costs of a MRF,Yard Debris, and Organics Composting Facilities. Note
that these costs would be in lieu of the landfill fees currently paid, as the collection trucks -'
would take materials to these facilities instead of going directly to the landfill.
The Material Processing Facility proposed for,the North County would only divert larger
scale and easily segregated materials while still utilizing direct landfilling for materials not
otherwise recycled through various collection efforts.
PROGRAM COST ESTIMATES
COUNTYWIDE SOURCE REDUCTION PROGRAMS
Regional Program staff and operations $ 47,200/yr
COUNTYWIDE EDUCATION AND PUBLIC INFORMATION
Regional Program staff and operations $ 190,800/yr
COLD CANYON WASTESHED *
Material Recovery Facility $5,288,072/yr
Yard Debris Facility *' $ 834,461/yr
Source Separated Organics Facility $1,457,035/yr
NORTH COUNTY WA :SHED * i
Material Processing Facility $ 834,461/yr
Yard Debris Facility ** $ 119,635/yr
Source Separated Organics Facility $ 173,011/yr
C * estimates from SRREs - operational and capitol cost
** the Yard Debris facilities would be expanded to the Organics Facility
during the 1996-2000 period
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM ***
Collection Facilities and Programs $ 400,000+/yr (preliminary est.)
*** the HHWE is currently being drafted - ultimate costs will depend upon
the service levels approved in the final draft.
The costs listed for the Cold Canyon and North County Wastesheds would not be a
direct component of the NVMA budget. However the NVMA staff would provide
coordination and oversight of these projects for the member agencies. Many different
financing and ownership arrangements are used involving these types of facilities and
operations. The exact form of the type of financing and ownership to be employed will
be determined upon actual system design and development.
It should be noted that some MRF designs incorporate the composting function and that
the technologies and design of these types of facilities is rapidly evolving - which may
result in lower costs (in 1992 dollars) by the time we are moving forward with construction .
of these projects.
DRAFT
September 18; 1992
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is made and entered into this day of
19_, by and between the incorporated cities of Arroyo Grande,
Atascadero, EI Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis
Obispo,tall being municipal corporations of the State of California and located within
the boundaries of the County of San Luis Obispo, California; hereinafter called
"CITIES," and the County of San Luis Obispo, a body politic and corporate and a
subdivision of the State of California, hereinafter called "COUNTY;" as follows:
WHEREAS, Section 6500, et seg., of the California Government Code (Title 1,
Division 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the contracting parties, subject to
certain mandatory provisions contained therein; and
WHEREAS, it is desirable that a single agency be created by and with the
consent of CITIES and COUNTY to advise, plan for; suggest, and implement solutions
to common solid waste problems; assist with programs by utilizing the professional
talents of the various governmental jurisdictions in the County and of experts in
various other fields and to coordinate their efforts; and
WHEREAS, the California Integrated Waste Management Act (California Public
Resources Code section 40000 et seg.). and all regulations adopted under that
legislation requires, among other things, that certain public agencies in California
make adequate provision for solid waste management within their jurisdictions; and
I 1
WHEREAS, the CITIES and COUNTY have the power to plan, acquire,
construct, maintain, manage, regulate, operate and control facilities for the collection,
transportation, processing and disposal of the solid waste, including recyclables,
generated within their jurisdictions; and
WHEREAS, the CITIES and COUNTY believe that by combining their separate
powers they can achieve their waste diversion goals and satisfy the requirements of
the Integrated Waste Management Act more effectively than if they exercise those
powers separately; and
WHEREAS, the CITIES and COUNTY intend by this Agreement to exercise their
respective powers jointly and to exercise such additional powers as are available for
the purpose of achieving their waste diversion goals, complying with the Integrated
Waste Management Act and developing integrated resource recovery facilities for the
benefit of all CITIES and COUNTY; and
WHEREAS, the CITIES and COUNTY desire to establish and confer upon a
separate legal entity the powers necessary to enable them to achieve their waste
diversion goals and to comply with the Integrated Waste Management Act.
NOW, THEREFORE, it is agreed as follows:
SECTION 1. Definitions. The terms defined in this Section that begin in this
Agreement with capital letters have the following meanings:
1.1 "Act" means the California Integrated Waste Management Act of
1989 (California Public Resources Code Sections 40000 et seg.) and all regulations
adopted under that legislation, as that legislation and those regulations may be
amended from time to time.
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1.2 "Agreement' means this Joint Exercise of Powers Agreement, as it
may be amended from time to time.
1.3 "Authority" means the San Luis Obispo County Integrated Waste
Management Authority, a joint exercise of powers agency created by the Members
pursuant to this Agreement.
1.4 "Board"-means the Board of Directors of the Authority.
1.5 "City" means any Member that is a city, and "Cities" means all of
the Members that are cities.
1.6 "Composting Facility" means a permitted solid waste facility at
which composting is conducted and which produces a product meeting the definition
of compost in Public Resources Code (PRC) section 40116. ("Compost' means the
(� product resulting from the controlled biological decomposition of organic wastes that
are'source separated from the municipal solid waste stream, or which are separated
at'a centralized facility. "Compost" includes vegetable, yard and wood wastes which
are not hazardous waste.)
1.7 "County" means the unincorporated areas.of San Luis Obispo
County, California.
1.8 "Fiscal Year" means the period commencing on each July 1 and
ending on the following June 30.
1.9 "HHW' means household hazardous waste as described in the
household hazardous waste element as required by the Act (California Public
Resources Code Sections 40000 et seq. , as that element may be amended from time
to time. =
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1.10 "HHWE" means the Household Hazardous Waste Element as
required by the Act (California Public Resources Code Sections.40000 et seg. as that
element may be amended from time to time. .
1.11 "MRF" means a "materials recovery facility" which means a
permitted solid waste facility where solid wastes or recyclable materials are sorted or
separated, by hand or by use of machinery, for the purposes of recycling or
composting. (Title 14, Ch. 9, Art. 3, Section 18720, "Definitions:) "MRF" means a
transfer station which is designed to, and, as a condition of its permit, shall recover for
`reuse or recycling at least 15 percent of the total volume of material received by the
facility. (PRC 50000(a)(4).)
1.12 "Joint Facilities" means a materials recovery facility, composting or
HHW Facility, or combination thereof, which is located within the boundary.of the
Authority and is owned by some or all of the members directly, or by the Authority, or
by private entity, for the benefit of some or all of the members.
1.13 "Manager" means the person hired and appointed by the Board
as the Authority's administrative officer to administer the affairs of the Authority and to
effect the policies of the Board.
1.14 "Member" means any of the signatories to this Agreement and
"Members" means all of the signatories to this Agreement.
1.15 "Revenue Bonds" means revenue bonds, notes, certificates of
participation and any other instruments and evidences of indebtedness issued by the
Authority from time to time pursuant to the Law or.any other applicable law in order to
finance the MRF, any Joint Facilities or any Sole Use Facilities.
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1.16 "Sole Use Facilities" means an integrated resource recovery
facility, performing one or more of.the functions of a MRF, composting or HHW Facility
which is located within the boundary of the Authority and is owned by one member or
a private entity, but in all events is operated for the benefit of one or more, but not all,
- -'of the Members..
1.17 "SRRE" means a Source Reduction And Recycling Element as
required by the Act (California Public Resources Code Sections 40000 et seg.), as that
element may be amended from time to time. .
SECTION 2. Purpose. This Agreement is entered into for the purposes of
providing for the joint exercise of certain powers common to the Members and for the
exercise of such additional powers as are conferred by the Law. The Members are
each empowered by the laws of the State of California to exercise the powers,
specified in this Agreement, to comply with the provisions of the Act and other laws,
and to acquire, construct, finance, refinance, maintain, operate and regulate a MRF,
Joint Facilities and Sole Use Facilities. These common powers shall be exercised for
the benefit of any one or more of the Members or otherwise in the manner set forth in
this Agreement.
SECTION 3. Creation.of Authority.
3.1 The Members hereby create and establish an authority.and public
entity to be known as the "San Luis Obispo Integrated Waste Management Authority,"
it being understood that the Board shall be entitled to change the Authority's name
ffbrn time to time if it so chooses. The Authority shall be a public entity separate from
each of the Members.
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3.2 The assets, rights, debts, liabilities and obligations of the Authority _)
shall not constitute assets, rights, debts, liabilities or obligations of any of the
Members. However, nothing in this Agreement shall prevent any Member from
separately contracting for', or assuming responsibility for, specific debts, liabilities or
obligations of the Authority, provided that both the Board and that Member approve
such contract or assumption.
SECTION 4. Term. The Authority shall become effective as of the date of this
Agreement. It shall continue until dissolved in accordance with Section 13 of this
Agreement. However, in no event shall the Authority be dissolved if its dissolution
would conflict with or violate the terms or conditions of any Revenue Bonds or related
documentation including, without limitation, indentures, resolutions and letter of credit
agreements.
SECTION 5. Powers.
5.1 The Authority is empowered to acquire, construct, finance,
refinance, operate, regulate and maintain a landfill, transfer station, a MRF,
composting, HHW, or Joint Facilities and Sole Use Facilities subject, however, to the
conditions and restrictions contained in this Agreement. The Authority shall also have
the power to plan, study and recommend proper solid waste management consistent
with the Act and, to the extent permitted by the Act, implement SRREs, and the HHWE
and Siting Element for all or any portion of the area included within the Authority's
boundary.
5.2 To the full extent permitted by applicable law, the Authority is
authorized, in its own name, to do all acts necessary or convenient for the exercise of
i
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such powers that each Member could exercise separately including, without limitation,
any and all of the following:
(a) to make and enter into contracts, including contracts with
any Member;
(b) to apply for and accept grants, advances and contributions;
(c) to contract for the services of engineers, attorneys,
accountants, planners, consultants, fiscal agents and other
persons and entities;
(d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and
personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations;
(h) to establish rates, tolls, tipping fees, other fees, rentals and
other charges in connection with.the joint power facilities
identified in Paragraph 5.1 herein, as well as any and all
services provided by the Authority;
(i) to hire agents and employees;
G) to exercise the power of eminent domain for the acquisition
of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes,
or other governmental financing instruments, in accordance
with all applicable laws for the purpose of raising funds to
finance or refinance the acquisition, construction,
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improvement, renovation, repair, operation, regulation or _
maintenance of the facilities identified in Paragraph 5.1
herein;
(I) to sell or lease the facilities identified in Paragraph 5.1
herein;
(m) to loan the proceeds of Revenue Bonds to any person or
entity to finance or refinance the acquisition, construction,
improvement, renovation or repair of the facilities identified
in Paragraph 5.1 herein;
(n) to require each Member to include some or all of the
tipping or other fees or charges, paid to the owner or
operator of the facilities identified in Paragraph 5.1 herein, in
connection with the waste stream of that Member directed
to the facilities, to be 'passed through" to ratepayers within
the boundaries of that Member; and
(o) to provide that the holders of Revenue Bonds, whether
directly or through a representative such as an indenture
trustee, be third party beneficiaries of any of the obligations
of any Member to the Authority and to covenant with the
holders of any Revenue Bonds on behalf of any such
Member to perform such obligations and comply with any
agreements that Member may have with.the Authority.
5.3 Such powers shall be exercised subject only to the limitations set -
forth in this Agreement; applicable law and such restrictions upon the manner of
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'exercising such powers as are imposed by law upon the Members in the exercise of
similar powers. The Authority hereby designates as the
Member required to be designated by Section 6509 of the California Government
Code. -
5.4 If and to the extent the Authority exercises a power granted to it
under this Agreement and the exercise of a like power by one or more Members
- -within its or their boundaries would be inconsistent with or likely to interfere with the
exercise of that power by the Authority, that Member or those Members shall not
exercise that power; provided, however, that nothing in this Agreement shall limit a
Member's right or that of any commission, agency or other body or authority of any
Member to adopt, amend or implement zoning, building, land use or safety
( ordinances, laws or regulations with respect to real estate located within its -
boundaries upon which a facility identified in Paragraph 5.1 herein, will be located.
SECTION 6. Boundaries. The boundaries of the Authority shall be the
boundaries of San Luis.Obispo County. In the event a member withdraws from the
Authority, the boundaries shall be modified to exclude the area of the withdrawing
member. Section 6 shall not prevent any facility identified in Paragraph 5.1 herein
from being located outside the boundary of the Authority.
SECTION 7. Organization.
7.1 The Board. The Authority shall be governed by the Board, which
shall exercise or oversee the exercise of all powers and authority on behalf of the
Authority.
7.2 Membership.
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(a) Membership in the Authority shall be voluntary, but only the
County of San Luis Obispo and all cities incorporated in the
County of San Luis Obispo presently or in the future, are
declared eligible for membership in the Authority.
(b) Representatives of the COUNTY and CITIES shall be
appointed to serve on the Board in accordance with
procedures established by each of the governing bodies of
the member agencies. Representatives to the Authority
shall consist of the five members of the Board of
Supervisors of the County of San Luis Obispo and of one
additional member from the governing body of each
incorporated city within the boundaries of the County of
San Luis Obispo which is a party to this Agreement, with J
each incorporated area being limited to one representative.
Representatives shall serve so long as they hold office with
their member agency or until they shall resign or be
removed by a majority vote of their member agency.
Vacancies among representatives shall be filled in the same
manner as the first appointment.
(c) Member agencies may elect to have an alternate
member(s) in addition to any official member, but said
alternate shall be able to vote only in the absence of the
official representative.
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(d) Designation of the official representative or alternate(s), or
changes thereto, shall be transmitted in writing to the
Manager of the Authority by the appointing city or the
county.
(e) In addition to the incorporated cities presently a party to
this Agreement, any other city which may hereafter be
incorporated within the boundaries of the County of San
Luis Obispo and which may desire to participate in the
activities of the Authority may do so by executing this
Agreement without prior approval of ratification of the
named parties to this Agreement and shall thereafter be
governed by all the terms and provisions of this Agreement
as of the date of execution.
(f) Membership shall be contingent upon the execution of this
Joint Powers Agreement and subsequent annual ratification.
7.3 Principal Office. The principal office of the Authority shall be
established by the Board within the boundary of the Authority. The Board may
change that principal office upon giving at least 15 days' notice to each Member and
to the California Integrated Waste Management Board.
7.4 Officers.
(a) The officers of the Board shall consist of a President and
Vice-President elected for a term of one year by a majority
vote of member agency representatives to the Authority.
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(b) Both the President and Vice-President of the Board shall be
elected at the last meeting preceding July of said year.
(c) The officers shall serve until their successors are elected.
(d) The duties of the officers shall be as follows:
1) President
a) Shall preside over all meetings of the Board
as Chairman.
b) Shall appoint all ad hoc committees.
c) Shall exercise general supervision over all
activities of said Authority.
d) Shall be an ex-officio member of all
committees.
e) Shall execute all contracts and legal
documents on behalf of the Authority.
2) Vice-President
a) Shall serve as Chairman pro-tem in the
absence of the President.
b) Shall give whatever aid necessary to the
President in administering of the Authority.
c) Shall be an ex-officio member of all
committees.
(c) In the event of a vacancy occurring in the office of either
the President or Vice-President upon said officer's death,
resignation, removal or his ceasing to be an official
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representative of a member city of the County of San Luis
Obispo, such vacancy will be filled by majority vote of the
Authority, the officer elected to serve for the balance of the
unexpired term.
7.5 Manager. The Board shall employ or contract for tfie services of a
manager (the "Manager'l who shall be the chief administrative officer of the Authority.
The Manager shall plan, organize and direct the administration and operations of the
Authority, shall advise the Board on policy matters, shall recommend an administrative
structure to the Board, shall hire and discharge administrative staff, shall develop and
recommend budgets, shall reply to communications on behalf of the Authority, shall
approve payments of amounts duly authorized by the Board, shall cavy out such
other duties that may be assigned to the Manager by the Board from time to time and
shall attend meetings of the Board.
7.6 Committees.
(a) Committees and subcommittees may be established as the
Board may deem appropriate.
(b) Membership on "ad-hoc" policy committees shall be at the
discretion of the President. Nothing herein shall be
construed to limit membership on these aforesaid
committees to officials of the member agencies. The
President may appoint any individual deemed qualified to
serve on a committee.
(c) Standing Committees shall include an Executive Committee
and a Solid Waste Task Force. The composition of the
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standing committees shall be established by the Board by
resolution.
SECTION 8. Meetings of the Board.
8.1 Regular Meetings. The Board shall hold at least four regular
meetings each year. The date upon which, and the hour and place at which, each
regular meeting shall be held shall be fixed by resolution of the Board.
8.2 Special Meetings. Special meetings of the Board may be called in
accordance with the provisions of Section 54956 of the California Government Code.
8.3 Notice of Meetings. All meetings of the Board shall be held subject
to the provisions of the California Ralph M. Brown Act (Sections 54950 et seg. of the
California Government Code) and other applicable laws of the State of California.
8.4 Minutes. The Secretary shall cause minutes of all meetings;of the
Board and any committees of the Board to be kept and shall, promptly after each
meeting, cause a copy of the minutes to be forwarded to each director.
8.5 Ouorum and voting. For purposes of conducting business, there
shall be present a quorum consisting of a majority of representatives, including two
COUNTY representatives. No action shall be effective without the affirmative votes of
a majority of those present. However, eight (8) affirmative votes shall be required for
taking any action in the event any agency demands such a vote. The representatives
to the Authority shall adopt such procedures as are consistent with this Agreement
and necessary to conduct the business of the Authority in an orderly manner.
8.6 Budget.
(a) A general budget for the Authority's operations shall be
adopted by the Board for the ensuing Fiscal Year prior to
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June 30 of each year. The budget shall include sufficient
\ detail to constitute an operating guideline, the anticipated
sources of funds, and the anticipated expenditures to be
made for the operations of the Authority and the
administration, maintenance and operating costs of the
facilities identified in Paragraph 5.1 herein. Any budget for
Sole Use Facilities shall be maintained separately. Approval
of the budget by the Board shall constitute authority for the
Manager to expend funds for the purposes outlined in the
approved budget, but subject to the availability of funds on
hand as determined by the Auditor-Controller.
(b) A budget for the acquisition or construction of the facilities
identified in Paragraph 5.1 herein shall be adopted by the
Board before the Authority commits any acquisition or
construction funds. It may be amended if and when
determined by the Board. Approval of the budgets for the
facilities identified in Paragraph 5.1 herein shall constitute
authority for the Manager (or any trustee or other fiduciary
appointed by the Authority) to receive state or federal grant
funds and proceeds of Revenue Bonds and to expend
funds for the acquisition and construction of the facilities
identified in Paragraph 5.1 herein.
(c) Budgets governing the acquisition or construction of Sole
Use Facilities shall be adopted by the affected Member or
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7 -
Members and appropriate accounts shall be established
and designated as such Member's or Members' fund.
Disbursement of such funds by the Authority shall be made
only upon receipt of written authorization from the finance
officer of the affected Member or Members. Receipts and
disbursements for the acquisition or construction of Sole
Use Facilities may also be made directly by the affected
Member or Members, in which case such budgets shall not
be a part of the budget of the Authority.
SECTION 9. Joint Operating Fund and Contributions. The Authority shall have
the power to establish a joint operating fund. The fund shall be used to pay all
administrative, operating and other expenses incurred by the Authority. Members may
be required to deposit into that fund, in cash, amounts specified by the Authority. If
deemed necessary, payment shall be made within ten (10) days from written notice.
All monies in the joint operating fund shall be paid out by the Treasurer for the
purposes for which the fund was created upon authorization by the President of the
Board and approval by the Controller and Manager of demands for payment, or as
otherwise authorized by resolution of the Board filed with the Treasurer. No Member
shall be obligated to make any other contributions of funds to the Authority or pay any
other amounts on behalf of the Authority, other than as required by this Section 9,
without that Member's consent evidenced by a written instrument signed by a duly
authorized representative of that Member.
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The Treasurer is designated the depositary, and
he or she shall have custody of all money of the Authority from whatever source
received. It is further understood that the Controller of
is, as such, auditor of the Authority.
SECTION 10. Records and Accounts. This Section and Section 9 are intended
to insure strict accountability of all funds of the Authority and to provide accurate
reporting of receipts and disbursements of such funds. The Authority shall maintain
accurate and correct books of account showing in detail the costs and expenses of
any acquisition and construction and the maintenance, operation, regulation and
administration of the MRF, composting, HHW or Joint Facilities and all financial
transactions of the Members relating to the MRF, composting, HHW or Joint Facilities.
Books and records shall be established and maintained in accordance with
accounting principles promulgated by the California State Controllers Office, the
Governmental Accounting Standards Board and other authoritative literature. The
books of account shall correctly show any receipts and any costs, expenses or
charges to be paid by all or any of the Members. The books of account shall be
open to inspection at all times by a representative or agent of any of the Members. In
addition, if required by any resolution authorizing the issuance-of Revenue Bonds, the
Authority shall maintain appropriate books, records, accounts and files relating to each
project as required by such resolution which shall be open to inspection by holders of
Revenue Bonds if and to the extent, and in the -manner, provided in the resolution.
SECTION 11. Rates. The Authority shall establish and regulate rates to be
charged at the new facilities identified in Paragraph 5.1 herein in amounts sufficient to
provide for the efficient operation of the facilities, to discharge all indebtedness and
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r
i
liabilities relating to the acquisition and construction of the facilities (including, without
limitation, any Revenue Bonds issued in connection therewith),.and to accommodate
the planning and implementation of activities required. by the Act.
SECTION 12. Failure to Meet Waste Stream Requirements. The Authority shall
_ be entitled to cause the waste streams of each Member to be monitored, pursuant to
procedures approved by the Board, in order to determine whether federal and state
waste diversion requirements are being met. If the waste stream diversion of any
Member fails to meet any such requirements, that Member shall be solely responsible
for any and all resulting liabilities, damages, criminal and civil sanctions, and costs and
expenses. That Member shall also hold the Authority and the other Members
harmless from and against any and all liabilities, damages, sanctions, costs and
expenses that are incurred as a result of the violation or a claimed violation including,
without limitation, all fees and costs of counsel. If two or more Members are
responsible for a failure to meet any such requirements or are claimed to have
violated any such requirements, the Members responsible for the violations or which
are the subject of such claims shall be responsible to, and shall indemnify, the
Authority and the other Members in proportion to their relative responsibility for the
violations or claimed violations. Upon notification of any such violation or claim, the
Member or Members shall take such prompt, corrective action as is necessary to
meet the requirements. Nothing in this Section shall preclude one or more Members
_.or.the Authority from imposing or establishing additional incentives to meet waste
diversion requirements.
SECTION_ 13. Withdrawal and Dissolution.
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O13.1 The parties to this Agreement pledge full cooperation and agree
to assign representatives to serve as official member of the Authority or any committee
or subcommittee thereof who shall act for and on behalf of their city or county in any
`oir all-matters which shall come before the Authority, subject to any necessary
'approval of their acts by the governing bodies of CITIES and COUNTY.
13.2 Any party to this Agreement may withdraw from the Authority and
terminate its participation in this Agreement by resolution of its governing body. ,The
withdrawal of the member shall have no effect on the continuance of this Agreement
among the remaining members and the Agreement shall remain in full force and effect
as respects the remaining members.
13.3 A member withdrawing shall not be liable for the payment of
further contributions falling due beyond the date of withdrawal and shall have no right
i
to reimbursement of any monies previously paid to Authority except those that were
obligated prior to withdrawal, reimbursement, eligible under an accrued basis of
accounting; provided, however, that the Authority may authorize a reimbursement if in
its judgment such reimbursement is fair and equitable and can be done without-
jeopardy
ithoutjeopardy to the operation of the Authority. If any party hereto fails to pay its
contribution, as determined by the Authority, said entity shall be deemed to have
voluntarily withdrawn from the Authority.
13.4 Authority may be dissolved at any time and this Agreement
rescinded by a joint agreement executed by COUNTY and CITIES which are parties
hereto. Said rescission Agreement shall provide for the orderly payment of all
outstanding debts and obligations and for_the return.of any surplus.funds of Authority
in proportion to the contributions made:
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1 ,
SECTION 14. Amendments Including Termination. This Agreement may only
T be amended or terminated by a written instrument and meeting the requirements
imposed by the terms or conditions of all Revenue Bonds and related documentation
including, without limitation, indentures, resolutions and letter of credit agreements.
Signatures shall not be'required on any such amendment or termination by those
Members, if any, whose representatives on the Board did not approve the amendment
or termination, but such Members shall nonetheless be bound by the amendment or
termination if it was approved as required by this Agreement. Notwithstanding the
foregoing, no amendment or termination shall require any Member to contribute any
funds to the Authority or become directly or contingently liable for any debts, liabilities
or obligations of the Authority without the consent of that Member evidenced in a
written instrument signed by a duly authorized representative of that Member. ,
j
SECTION 15. Filing with the Secretary of State. The Secretary shall file all
required notices with the Secretary of State in accordance.with California Government
Code Sections 6503.5 and 53051.
SECTION 16. Notices. All notices which any Member or the Authority may
wish to give in connection with this Agreement shall be in writing and shall be served
by personal delivery during usual business hours at the principal office of the Member
or Authority, to an officer or person apparently in charge of that office, or by
depositing the same in the United States mail, postage prepaid, and addressed to the
Member or Authority at its principal office, or to such other address as the;Authority or.
Member may designate from time to time by written notice given in the manner
V, specified in this Section. Service of notice pursuant to this Section shall be deemed
J
complete on the day of service by personal delivery. (but 24 hours after such delivery
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in.the case of notices of special meetings of the Board) or two day after mailing if
deposited in the United States mail.
SECTION 17. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the permitted successors and assigns of the
Members. However, no Member shall assign any of its rights under this Agreement
except to a duly formed public entity organized and existing under the laws of the
State of California approved by a majority of the Voting Directors who do not.
represent the assigning Member. No assignment shall be effective unless and until
the Authority, the Members and the proposed assignee comply with all then-applicable
requirements of law relating to changes in the composition of entities such as the
Authority if and when they have Revenue Bonds outstanding and with the terms and
conditions of all Revenue Bonds and related documentation including, without-
limitation, indentures, resolutions and letter of credit agreements.
SECTION 18. Severability. Should any part, term or provision of this
Agreement be decided by a final judgment of a court or arbitrator to be illegal or in
conflict with any law of the State of California or otherwise be unenforceable or
ineffectual, the validity of its remaining parts, terms and provisions shall not be
affected.
SECTION 19. Section Headings. All section headings contained in this
Agreement are for convenience and reference. They are not intended to define or limit
the scope of any provision of this Agreement.
SECTION 20. Effective Date. This Agreement shall take,effect upon its
execution by the chairman or mayor and clerks of the governing bodies of the County
of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such
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governing bodies authorizing such execution and shall remain in full force and effect
until dissolved pursuant to the provisions herein. This Agreement may be executed in
eight (8) counterparts which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF ATASCADERO
By. Date:
Mayor
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
J
City Attorney
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Dated:
CITY OF GROVER CITY
By. Date:
Mayor -
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
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CITY OF PASO ROBLES . - .....
By: Date:
Mayor
Minute Order'-,--
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF PISMO BEACH •
By: Date:
Mayor
Minute Order
- - Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
•
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CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
- Dated:
RAB%1442kt.agr
PWASTE
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