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RESOLUTION NO. 1550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
TOWN OF LOS ALTOS HILLS RECOMMENDING AND URGING THE
NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT BOARD
TO AMEND THE JOINT EXERCISE OF POWERS AGREEMENT TO
PERMIT WITHDRAWAL OF A PARTY UPON PAYMENT OF A SHARE
OF PROJECT FEASIBILITY REPORT COSTS
RESOLVED, by the City Council of the City of the Town of Los
Altos Hills, County of Santa Clara, State of California, that
WHEREAS, the City of the Town of Los Altos Hills is a member
of the North Santa Clara County Solid Waste Management Authority
(herein called the "Authority") , and a signatory of the Joint
Exercise of Powers Agreement (herein called "Agreement") , by which
the Authority was established; and
WHEREAS , the Agreement provides a procedure whereby a member
may withdraw from the Authority and terminate the Agreement; and
WHEREAS, the Agreement provides as an exception to the method
specified for termination of membership that a member may withdraw
upon giving written notice within sixty (60) days of the governing
board' s acceptance of the "Project Feasibility Report" ; and
WHEREAS, the Agreement currently provides that any member
terminating its membership, whether by the normal method specified
or following acceptance of the Project Feasibility Report, is re-
quired to pay all encumberances and indebtedness owed by that member
to the Authority as of the date of termination; and
WHEREAS, the City Council has determined that it would be both
reasonable and equitable to provide that a member terminating its
membership in the Authority, following acceptance of the Project
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Feasibility Report, should be required only to pay the costs associated
with the Feasibility Study,
NOW, THEREFORE, the City Council of the City of the Town of Los
Altos Hills hereby recommends and urges the respective governing
boardsof the members of the Authority to amend Subsection 3 of
Section B, entitled "Termination by a Party" of Article IV, entitled
"Term of Agreement" to read as follows:
3. Any party so terminating shall be obligated to pay
all encumberances and indebtedness owed by it to
the Authority as of the date of termination as a
condition precedent to such termination and withdrawal;
provided, however, that this obligation shall not
extend to indebtedness of the Authority or any non-
profit corporation created by the Authority and
secured by contracts with member PARTIES unless so
specified in such contract. Provided, further, any
Party who withdraws within sixty (60) days of the
Board' s acceptance of the "Project Feasibility
Report" described above shall be obligated only to
pay its share of the costs associated with the
Project Feasibility Study, and no other costs.
BE IT FURTHER RESOLVED, that the City Clerk of the City of the
Town of Los Altos Hills is hereby directed and ordered to transmit
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certified copies of the within Resolution to the City Council of
each of the following cities: Cupertino, Los Altos, Palo Alto
and Sunnyvale.
REGULARLY passed and adopted this 20th day of April , 1983.
BY / .
Mayor
ATTEST:
City Clerk
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