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HomeMy WebLinkAboutMINUTES - 08281990 - EA.2 a TO:' . BOARD OF SUPERVISORS FROM, ENVIRONMENTAL AFFAIRS COMMITTEE ' SUPERVISOR TOM TORLAKSON, CHAIR .> ;,- f • Cbntra �l.1Jla SUPERVISOR NANCY FAHDEN y ... DATE: AUGUST 13 , 1990 ,;.�.V; County;� SUBJECT: ENDORSE SOLID WASTE MANAGEMENT JOINT POWERS AGREEMENT, IN CONCEPT, AND AUTHORIZE ENVIRONMENTAL AFFAIRS COMMITTEE TO NEGOTIATE SUCH AN AGREEMENT WITH CITIES AND SPECIAL DISTRICTS SPECIFIC REQUEST(S) OR RECOMMENDATIONS) 8 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Endorse, in concept, establishing a County-Cities-Special Districts Joint Powers Authority for Solid Waste Management in Contra Costa County; Authorize the Environmental Affairs Committee (Supervisors Torlakson and Fanden) to negotiate with the cities and special . districts, during the next 60 days, a Joint Powers Agreement for Solid Management which addresses the following issues: 1) uniform rate review for landfills, franchisers; and haulers; 2) uniform franchise agreements; 3) control of the wastestream through public agencies; 4) landfill siting; 5) equity in --voting based upon population and landfill capacity provided by or within a jurisdiction's boundaries; 6) revenue sources/requirements of member jurisdictions, interim staffing and administration as well as permanent staffing , and administration including financial administration and monitoring. 7) liability borne by each member agency; CONTINUED ON ATTACHMENT: XX YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON August 28, 1990 APPROVED AS ECOMMENDED x and OTHER x Also, REQUESTED the Environmental Affairs Committee to report periodically to the Board on status of the negotiation process. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT III, IV TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED l .44. a8, /990 cc: County Administrator PHILCtATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR i BY , DEPUTY LPA:gms ea:JPA.bo Solid Waste JPA (continued) Page Two Authorize the Environmental Affairs Committee, as part of the negotiations, to assure that a Solid Waste Management Joint Powers Agreement provides for (1) coordinating solid waste management policies and programs between county-cities-special districts, (2) disbanding of the County Solid Waste Commission, and (3) allowing the roles/responsibilities of a Solid Waste Management Authority to be incorporated into any future Council of Governments which may be established in Contra Costa County; Direct that the Board's Finance Committee review such a Solid Waste Management Joint Powers Agreement prior to final recommendations from the Environmental Affairs Committee; and, Authorize the Community Development Department and County Counsel to provide staff assistance in developing and establishing a Solid Waste Joint Powers Agreement/Authority with costs being initially funded from the Resource Recovery Fee moneys received from the County's approved landfill sites and transfer station. FISCAL IMPACT: No -General Fund moneys will be affected at this time due to authorization for use of Resource Recovery Fees for staff costs. Future financial impacts resulting from the County's participation in the proposed Solid Waste Management Joint Powers Agreement should be considered by the Board's Finance Committee as part of its review. BACKGROUND: The concept of a countywide Solid Waste Management Joint Powers Authority was originally proposed by the Board Of Supervisors in the mid-1980's. In the 5 to 6 years since the Board's original proposal, a number of other proposals for a Solid Waste Management Joint Powers Authority surfaced. The current proposal for a Solid Waste Management Authority is the result of almost two years work involving a steering committee comprised of city, county, and special district representatives. (see attached proposed JPA dated June 6, 1990. ) The JPA Steering Committee reviewed the Solid Waste Management Joint Powers Agreements developed by other jurisdictions, as well as State Law related to JPA's. The proposed Contra Costa Solid Waste Management Joint Powers Agreement is modelled after the Alameda County and West Contra Costa JPA's. On June 19 and 23, 1990, the Environmental Affairs Committee met with the members of the JPA Steering Committee to review the proposed JPA. The Environmental Affairs Committee endorsed the concept of a countywide, county-cities-special districts solid waste management joint powers agreement/authority. Additionally, the Environmental Affairs Committee and the JPA Steering Committee identified specific issues which should be more completely addressed as part of forming a Solid Waste Joint Powers Authority. These issues include: uniformity among member jurisdictions in rate review/setting for landfills, franchisers, haulers; uniformity among member jurisdictions on franchise agreements; landfill siting; funding and staffing; and, member agency liability. The proposed JPA is currently written to facilitate coordination and planning on solid waste matters among and between member jurisdictions; to assure equity among the members; and to maintain each member agency's autonomy on solid waste decisions unless the member agency chooses to delegate its authority to the Joint Powers Authority. To assure member agency autonomy, the present language of the proposed JPA is permissive. Solid Waste JPA (Continued) Page Three Because the proposed JPA is currently intended to be permissive, the Board may wish to give more detailed direction to the Environmental Affairs Committee and staff on those issues for which the existing permissive language is wanted or for those issues on which the Board prefers either more authority or less authority should be given to the JPA. CONSEQUENCES OF NEGATIVE ACTION: The County has a major role and significant responsibilities for solid waste management as outlined under AB939 and as contained in the Conditions of Approval for new landfills. To have an effective Solid Waste Management Authority, the County's participation is essential. Coordination between the County, cities, and special districts would be hampered were the County not to participate in the proposed JPA; conflicts between the AB939 Local Task Force and any City-Special District Solid Waste Joint Powers Authority could result. LPA:gms ea:JPA.bo I April 18, 1990 Ms. Nancy Fanden, Chair Board of Supervisors 805 Las Juntas Martinez, CA 94553 Dear Supervisor Fanden: As you will recall, in September of 1988, the Solid Waste Commission appeared before the Board of Supervisors and recommended a Joint Powers type arrangement be developed to deal with county-wide Solid Waste Management issues. The Board of Supervisors authorized this action of the Solid Waste Commission with the support of the Mayors Conference and the Public Managers Association who formed- a steering committee to develop a draft agreement. The committee consists of Roy Hawes of the Solid Waste Commission; Sue Rainey, Central Contra Costa Sanitary District; Ron Currie, City of Pittsburg; Rosemary Corbin, City of Richmond; Don Blubaugh, City of Walnut Creek; Jack Garner. City of Martinez; and Paul Morsen, Central Contra Costa Sanitary District. The committee developed a working draft of a document to implement the Joint Powers Agreement and sent a copy to the Board of Supervisors on October 3, 1989. It was our understanding that this matter would be assigned to the (then) new Environmental Affairs Committee and the matter would appear on their agenda early in January of 1990. To date, we have not been advised of a time on this committee's agenda . to present this concept. Subsequent to our October 3 request, the committee has reviewed the draft Joint Powers Agreement document with regard to the recently passed Assembly Bill 939; it appears to us that a Joint Powers authority concept is even more appealing in the AB 939 era. We very much wish to move ahead on the formation of the Joint Powers Authority. To this end, we request, at your earliest available time, the opportunity for the JPA Steering Committee to make a presentation to the Environmental Affairs Committee. Supervisor Fanden Page 2 April 18, 1990 Please let us know the date and time by contacting Mr. Paul Morsen at (415) 689-3890. Thank you in advance for your putting this on your calendar, we look forward to meeting with you soonest. Sincerely. Roy Kai(etry Mayor of Clayton Ron Curry, Council Member Committee Chair City of Pittsburg ,eg 9 LL12;z� A LLL,,, Sue Rainey, Board Mem, r Rosemary Corbin, uncil Member Central Contra Costa Sanitary District City of Richmond cc: J. Garner, City of Martinez R. Holmes, City of Lafayette Mayors and Councilmembers of all cities Presidents and Members of the Board of all Sanitary .Districts bcc: R. Dolan P. Morsen R. Gould, City of Walnut Creek C. Katsuris, County Comm. Dev. D. Blubaugh, City of Walnut Creek SSS/Administration/Letter CRAFT JOINT EXERCISE OF POWERS AGREEMENT CONTRA COSTA SOLID WASTE AUTHORITY ARTICLE 1: PURPOSE A. Purpose of Agreement: It is the purpose of this Agreement to establish, pursuant to the Joint Exercise of Powers Act, a public entity separate from each of the agencies. This public entity is to be known as the Contra Costa Solid Waste Authority hereinafter referred to as the "Authority. " B. Purpose of Authority: The purpose of the Authority shall be to exercise certain powers set forth below in a manner which will assure the citizens of the agencies that solid waste activities in Contra Costa County will be conducted In a manner most consistent with the general public good and the protection of the environment. SSS/P. Morsen/JPA January 3, 1990 Revised April 18, 1990 -1- DRAFT ARTICLE 2: DEFINITIONS I. Regional Facility A regional solid waste facility shall mean a facility that provides solid waste handling services, other than franchised garbage collection services, for the constituents and/or the collector for the constituents of more than one member of the Authority. II. Member Agency A member agency' for purposes of this agreement shall mean each city, county, or special district that is a signatory to this Agreement. A III. Contra Costa Waste Management Authority The "Contra Costa Waste Management Authority" shall be the name of the separate public entity created by this Agreement, which entity may also be hereinafter referred to in this document as the "Authority. " IV. Regulation of Rates The "regulation of rates" as used herein shall be defined to be the whole of the process of reviewing costs of operation and the fixing of rates to be levied and collected at facilities or by enterprises -2- �- which provide regional solid waste handling services to users within the jurisdictions of the member agencies. Regulation of rates shall be in accordance with Attachment "A" which is appended to this document. The regulation of rates as used herein does not Include the regulation of garbage collection rates under franchises held by member agencies unless such individual member agencies specifically delegate or assign such responsibility to the Authority. V. Recycle or Recycling Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting solid waste or other discarded material for the purpose of using the altered form. Recycling does not include the burning, incinerating, or thermally destroying of solid waste. VI. Recvclables Recy clables include all solid waste or other discarded materials which may be recycled. Recyclables, for the purpose of this Joint Power Authority, includes, but is not limited to, aluminum and tin cans, plastics, glass, and paper products. VII. Solid Waste A. Except as provided in subdivision "B", solid waste means all putrescible and non-putrescible solid, semisolid, and liquid -3- .. . . wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolishing and construction wastes, abandoned vehicles and parts thereof► discarded hone .and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste includes common recyclables such as glass, aluminum, paper, and plastic products. B. Solid waste does not include hazardous waste and/or liquid petroleum waste products, excepting household hazardous waste as defined elsewhere herein. C. Hazardous waste means a waste or combination of wastes which, because' of its quality, concentration or physical or chemical f , or infectious characteristics, may do either of the following: 1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. 2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or otherwise managed. -4- DRAFT D. Unless expressly provided otherwise, hazardous waste includes extremely hazardous waste and acutely hazardous waste, and any waste defined as hazardous by applicable federal or state statues and regulations. VIII. Household Hazardous Waste Household Hazardous Waste includes all chemicals and other products commonly used in daily life and commonly found in domestic . households which contain hazardous substances when such chemicals or other products are disposed of as worthless, whether such substances are disposed of as a part of the normal domestic solid waste or discarded in some other manner. For the purposes of this definition, "hazardous substance" means a hazardous substance as defined in Section 25316 of the Health and Safety Code. -5- DR. Ar ARTICLE 3: POWERS OF THE AUTHORITY A. General Powers: The Authority shall have the powers common to its member agencies and may : 1. Advise the member agencies on issues related to regional solid waste facilities and programs. 2. Advocate the interests of the member agencies related to solid waste facilities and programs with local, state, and federal agencies. 3. Maintain comprehensive County Solid Waste Management Plans by preparing revisions and amendments. t 4. Plan for regional solid waste facilities and programs. 5. Regulate rates of regional solid waste facilities. Member agencies may delegate rate regulation for the collection of solid waste within their boundaries to the Authority. Nothing herein will preclude any member agency frau levying a reasonable franchi.se fee within its jurisdiction. 6. Advise member agencies on matters of solid waste rates and charges, -6- DRAFT 7. Develop and implement a financial plan to provide for closure and post closure of landfills containing wastes generated by residents and businesses whose solid waste is franchised by the member agencies, where otherwise not provided for. 8. Perform such other solid waste activities as the members may direct. 9. Develop regional solid waste facilities and programs subject to separate agreement with participating agencies. 10. Operate and/or contract for the operation of regional solid waste facilities and programs subject to separate agreement with participating agencies. i B. Specific Powers: • In carrying out its general powers, the Authority is hereby authorized to perform all acts necessary and proper to the exercise of said powers, which may include, but are not limited to, the following: 1. To make and enter into contracts including contracts of Insurance. 2. To apply for and accept grants, advances, and contributions. 3. To employ or contract for the services of agents, employees, consultants, and such other persons or firms as It deems necessary. -7- DRAFT 4. To conduct studies. 5. To review the Contra Costa Integrated Solid Waste Management Plan, and prepare and propose revisions or amendments thereto, for approval by the appropriate bodies. 6. To acquire, construct, manage, maintain, operate, and control any disposal sites, solid waste facilities, buildings, works, or improvements. 7. To acquire, hold, or dispose of property. 8. . To Incur debts, l iabi l iti es, or, obligations* subject to limitations herein set forth. r 9. To levy and collect feesand charges. 10. To issue bonds, subject to the provisions and limitations of the Government Code of the State of California. 11. To annually adopt, by April 1, a fiscal year budget to commence July 1 and run through June 30, setting forth all administrative, operational, and capital expenses for the Authority, together with the apportionment of such expenses by levy against each agency and other entities, to the extent necessary. -9- - ,FT 12. To develop, construct, operate, and/or regulate a regional landfill disposal site(s), regional transfer facility(ies), or other regional solid waste facilities, or to contract with a public agency or private person or corporation to perform such functions. 13. To represent the interests of Contra Costa County, in discussions and negotiations with other entities outside Contra Costa County, on matters of solid waste requiring Solid Waste Management Plan amendments. 14. To take the necessary actions to sponsor, support, or oppose legislation affecting the solid waste interests of Contra Costa County. I C. Limitation on Powers: Notwithstanding the general and specific powers set forth in this Agreement, nothing in this Agreement shall be read to prevent member agencies individually, or by agreement with other agencies, from owning or operating solid waste handling facilities for their regional area, or from implementing solid waste management programs within their regional area including, but not limited to, programs concerning closure of facilities. -9- _/ 7 `'. c E ARTICLE 4: ORGANIZATION OF AUTHORITY A. Membership in the Authority: Membership in the Authority shall be open, to 1) all cities within Contra Costa County; and 2) any special district or sanitary district within Contra Costa County which franchises collection of solid waste, providing they agree to enter the Authority under the terms of this Agreement. In addition, the County of Contra Costa shall be entitled to membership. B. Policy Board: The Authority shall be governed by the Contra Costa Solid Waste Authority Policy Board, hereinafter called "Board, " which shall exercise all powers .and authority on behalf of the Authority. i 1. Duties of the Board: The Board shall perform all acts necessary to•carry out the purpose of this Agreement, which may include but are not limited to: a. Preparing and recommending action on the Contra Costa County Solid Waste Management Plan, and revisions or amendments thereto, to the County Board of Supervisors and cities. b. Considering, modifying, and approving the annual work program and budget. -10- DRAFT c. Levying fees and charges, as provided in this Agreement. d. Authorizing, reviewing, and accepting reports and studies. e. Regulating rates for regional solid waste facilities and programs which provide services to the agencies. f. Accepting agencies as subsequent parties to this Agreement and members of the Authority and admitting their representatives to the Board. 2. Board Members: The Board shall consist of one member of the governing body of each of the member agencies and one member of the Board of Supervisors of the County. Upon execution of this r Agreement, the governing body of each agency shall, by resolution, appoint one of its members to serve as a member of the Board and another individual to serve as an alternate member of the Board, who may be an elected official of the member agency, to serve in the absence of the regular member. The governing body of each member agency shall review Its appointee to the Board every two years. There shall be no limit on the number of terms of a Board member. 3. Subseauent Board Members: Any agency which franchises solid waste collection in Contra Costa County, including agencies formed after the effective date of this Agreement, may become members of the Authority by presenting an adopted resolution to -11- DRAFT the Board requesting membership in the Authority. Membership in the Authority shall be contingent upon _a majority of affirmative votes cast by members of the Board accepting the agency and upon payment of any charges established by the Board as a prerequisite for membership. 4. Board Officers: The Board shall elect from its members a Chairperson and a Vice-Chairperson. The Chairperson shall preside over all meetings, according to the Rules of Procedure adopted by the Board. The Board Chairperson shall represent the Authority and execute any contracts and other documents, as required by the Rules of Procedure. The Board shall designate a Secretary who shall notice all meetings and cause minutes to be taken of all meetings, and serve as custodian of the official records of the Authority. 5. Board Rules: The Board 1s empowered to establish Rules of Procedure, and may do any and all things necessary to carry out the purpose of this Agreement. All actions taken by the Board in carrying out the powers of the Authority may be exercised by a majority vote of all members present, except as to the following, which will require a majority vote of all member agencies: o Adoption of a Budget Plan and Work Plan o Levying fees against member agencies o Qw ning a Solid Waste Facility -12- DRAFT o Recommend amendments to the Solid Waste Management Plan 6. Voting• Alternative 11: Each Board member shall have one vote. Alternative #2: o Cities or sanitary districts -- non-franchising cities have half the votes assigned to their city and the franchising sanitary district the other half: Large (determine population, perhaps 40,001 +) i three votes Medium (determine population, perhaps 20,001 - 40,000) two votes Small (determine population, perhaps up to 20,000) one vote o The County shall be granted two votes o The Authority will cause population figures to be updated each year. 7. Meetinqs of the Board: -13- a. Regular Meetings: The Board shall hold monthly meetings, b. Special Meetings: Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. C. Notice of Meetings: All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Sections 54950 et, seq. of the California Government Code, and other applicable laws of the State of California governing the notice requirements applicable to ' the meetings of public bodies. d. Minutes: The Board Chairperson shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and each agency. 8. Committees and Staffing a. Technical Advisory Group: A Technical Advisory Group may be created by the Authority. The Technical Advisory Group may be composed of appointed staff from member agencies with approval of the member agencies' board or council or consultants, as -14- DR , FT determined by the Authority and shall advise the Authority to matters of concern to the Authority. b. Ad hoc Committees and Task Forces: Ad hoc Committees and Task Forces may be created by the Authority. Ad hoc Committees and Task Forces may be composed of appointed staff from member agencies, with approval of the member agencies' board, and/or council members, consultants, or citizen volunteers, as determined by the Authority and shall advise the Authority as to matters of concern to the Authority. C. Executive Committee: The Authority may appoint an Executive Committee among its membership to manage the affairs of the Authority. The composition and authority of the Executive Committee shall be determined by the Authority. d. Recional Subcommittees: Regional Subcommittees may be created by the Authority. Regional Subcommittees may be composed of elected officials and appointed staff from member agencies with approval of the member agencies' board and councils. The Regional Subcommittees shall advise the Authority as appropriate. e. Staffing: During the interim period prior to the contracting for or hiring of professional staff, the agencies may provide staff, including county staff, to the Authority as may be necessary for the Authority to fulfill its duties. As -15- DRAFT necessary, the Authority may contract with or employ firms and/or individuals to perform such tasks or duties as deemed necessary by the Authority, including a General Manager who shall have such duties and authority as the Authority may delegate to such General Manager, subject to the terms of this Agreement. A -16- DRAFT ARTICLE 5: TERMS OF AGREEMENT A. Effective Date: This Agreement shall become effective on the date of its execution by one-half (1/2) of all of the eligible entities representing a majority of Contra Costa County's population and the County. B. Amendments: This Agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds (2/3) of all member agencies, in accordance with Article 4, Section 5. C. Withdrawal : Any party may withdraw from this Agreement, upon one year's notice given prior to June 1 of any year to the Chairperson of the Policy Board. The withdrawing agency shall be liable for its i share of any operating expenses incurred up to the effective date of its withdrawal, which shall be July 1 of the year following the giving of notice. The Notice of Withdrawal shall be in resolution form and approved by a majority vote of -the governing board of the withdrawing party. The withdrawal of a party from the Authority shall not relieve that party frau paying its share of any debt Incurred while said party was a member; nor will such withdrawal affect special agreements made pursuant to separate agreement of the parties pursuant to financing assurances for capital projects. -17- ARTICLE 6: AUTHORITY FINANCING A. Financial Accountability: Books of accounts will be maintained by the Authority to enable issuance of financial statements which present its financial condition and results of operations. The financial statements will be issued to all member agencies quarterly and will be prepared in accordance with generally accepted accounting principles. An annual audit of the Authority's financial statements will be performed by an independent Certified Public Accountant. B. Separate Agreements: Financing and commitment of waste stream for solid waste facilities and programs related to the transfer, disposal, or recovery of resources from solid waste shall be subject to separate agreements between the Authority and agencies. C. 2g": The Authority may issue or cause to be issued bond and other indebtedness, and pledge any property or revenues as security to the extent permitted by law. D. Operating Income: The Authority shall . adopt a budget annually and shall set fees to be levied on the member agency. Such .fees can be derived from any source acceptable to the member agency. It is the intent of the parties to derive operating revenue from fees and charges at facilities; however, certain start-up fees can be derived by the member agencies through franchise fee collections within their collection areas. -18- DIR, mT o Programs of General Interest: In general, the programs of the Authority shall be for the general benefit of all member agencies. To the extent possible, the cost of such programs shall be prorated so that the charge per franchised household is uniform among all members, o Programs of Special Interest: From time to time the Authority may conduct programs, the benefits of which fall dispropor- tionately among the members. If this is the case, such programs of special interest, and a decision to undertake or continue such programs must be made by a two-thirds (2/3) majority vote of the member agencies. The proration of the cost of such programs must be decided upon prior to making the decision to conduct the program. t -19- !may e) ARTICLE 7: EXERCISE OF AUTHORITY'S POWERS This Agreement is entered into under the provisions of Article 1 of Chapter 5.. Division 79 Title One of the California Government Code concerning Joint Powers Agreements. As to those powers vested in the Authority pursuant to Section 6508 of the Government Code. they _§hall be exercised in the same manner and subject to the same restrictions as those applicable to a sanitary district pursuant to the statutes and laws of the State of California. i -20- Z R['1.L I ARTICLE 8: OBLIGATIONS OF AUTHORITY Any and all debtsp liabilities# and obligations incurred by or imposed upon the Authority shall be the debts, liabilities, and obligations solely of the Authority and no capital or administration debts liability, or obligation shall thereby be imposed upon any party to this Agreement or the collective parties hereto. f -21- . y L) F6 ARTICLE 9: TERMINATION OF AUTHORITY A. Termination or Dissolution of the Authority: This Agreement shall continue in force until rescinded or terminated, as specified by this section. This Agreement may be terminated at the end of any fiscal year by a two-thirds (213) majority vote of the then-existing members of the Authority. B. Division of Property on Dissolution or Termination: Upon termination or dissolution of the Authority as a legal entity, all debts of and advances to the authority shall be paid. Upon payment of all debts and liabilities of the Authority, every then-member of the Authority at the time of said termination shall be entitled to receive such property and surplus money of the Authority as may r lawfully be distributed in proportion to the most recent apportionment . of .expenses as described herein among all of the agencies who are parties to this Agreement at the time of its dissolution. 1. Sale of Assets: Upon the termination of the Authority at the time that a two-thirds (2/3) vote of the then-member agencies to that effect is adopted by the Authority, the Board shall expediously sell, or otherwise dispose of according to applicable law, all of the lands, rights-of-way, easements, equipment, public improvements, works and facilities of the Authority. -22- DAFT The monies received by the Board from such sale or disposition, to the extent they would otherwise be credited to the Capital Reserve Account, together with the monies in the Capital Reserve Account, shall be distributed among the then-members of the Authority in proportion to the most recent apportionment of expenses among the then-member agencies, to the extent that such reimbursement has not previously been made. 2. Successor Agency : In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations.. Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, and its real and personal property shall be i transferred to the successor public entity. 3. No Successor Agency: If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, and its real and personal property shall be returned to the member agencies as determined by the Board. 4. Partial Successor Agency: If there 1s a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, -23- i. V iL Including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations and its real and personal property, shall be allocated by the Board between the successor public entity and member agencies. 5. Board Allocation Final : In the event the Authority is terminated under circumstances falling within (2) or (3) or (4) above, all decisions of the Board with regard to determinations of property and funds to be transferred to member agencies or any successor shall be final. f —24— Attachment A RATE REGULATION OF SOLID WASTE FACILITY The features of rate regulation described below shall be a guide for the Authority to follow in regulating rates at solid waste facilities. o The initially established landfill disposal or transfer station fee should be changed no more frequently than annually on the basis of the submission of an application for fee increase. o Application for fee increase should be submitted to the regulatory agency three months prior to the effective date .of the change. o Application for fee increase should be submitted on a preprinted, pro forma rate application designed to elicit the financial, operating and other related information to permit analysis of the bases for the requested fee increase. o The fee increase requested should be supported by actual and forecasted operating statements, balance sheets and statements of retained earnings. -25- i i 1 M®OCaI . \ A` F7 6 o Audited financial statements for the landfill or transfer station operations, on a separate entity basis, for the immediate preceding reporting year should be submitted as a required component of the rate application. o Applications for fee increases should be analyzed -by the regulatory agency and the fee adjustment determined on the basis of the established rate-setting methodology, e.g. Operating Ratio, Return on Equity, Return on Fixed Assets. o Controls on funds collected for landfill closure and post-closure costs should be established. Such funds should be deposited in a separate bank account and made subject to the shared control of the regulatory agency. An annual summary of i receipts and disbursements should be audited by the external auditors and submitted to the regulatory agency with the audited financial statements. =26-