HomeMy WebLinkAbout047-94RESOLUTION NO. 47-94
RATIFYING THE RESOLUTION TO
DISSOLVE AND TERMINATE THE
CONTRA COSTA SOLID WASTE AUTHORITY
AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
WHEREAS, on July 31, 1991, a majority of the cities in Contra Costa County along with
a number of special districts which franchise for the collection and disposal of solid
waste, did jointly create the Contra Costa Solid Waste Authority (hereinafter "Authority")
and enter into a Joint Exercise of Powers Agreement (hereinafter "Agreement"); and
WHEREAS, the Agreement was amended on May 5, 1993; and
WHERF~S, the Authority has exercised its powers in accordance with the Agreement
approved by all member agencies; and
WHEREAS, the Town of Danville participated, via its representation on the Authority, in
a study of the roles and responsibilities for solid waste management; and
WHEREAS, that study developed several models for the structure, financing and staff of
a county-wide council to coordinate the activities of all cities, sanitary districts and sub-
regional joint powers authorities with responsibility for solid waste planning and
management; and
WHEREAS, the Town of Danville attended informational workshops and discussions with
the Executive Director of the Authority and the staff liaison to the Authority representing
Contra Costa County about the model structures; and
WHEREAS, after these workshops and discussions, the Town of Danville concurred in the
decision of most member agencies not to support the financing of the Authority in any
of tile proposed new structures at this time; and
WHERF~S, this lack of support means the Town of Danville does not wish to continue
its participation in a countywide solid waste joint powers authority at this time; and
WHEREAS, the current Agreement contains provisions for the orderly termination of the
Authority, in compliance with the Joint Exercise of Powers Act, Government Code § 6500
et seq., including but not limited to requirements: (1) that termination be by a two-thirds
majority vote of all then-existing members of the Authority, (2) that the termination be at
the ,end of any Authority fiscal year (the fiscal year of the Authority runs through June 30),
and (3) that assets and surplus funds of the Authority be distributed in proportion to the
most recent apportionment of expenses among member jurisdictions, as actually paid; and
WHEREAS, despite the fact that under the Agreement only a vote of member
representatives is required to terminate the Authority and the governing bodies of
member jurisdictions do not need separately to approve such termination, the Board
deemed it in the best interests of the Authority and the continuing cooperation of the
members to provide that termination be contingent upon ratification by the governing
bodies of sufficient members voting for termination; and
WHEREAS, on February 2, 1994, the Contra Costa Solid Waste Authority Policy Board
(hereinafter "Board") recommended to its member jurisdictions that the Authority be
dissolved and the Agreement be terminated at the end of the fiscal year, June 30, 1994;
NO~gr, THEREFORE BE IT RESOLVED THAT the Town of Danville ratifies the
recommendation of the Board to dissolve and terminate the Authority at the end of its
riscaLl year, June 30, 1994 as provided for in the attached Resolution No. adopted by the
Contra Costa Solid Waste Authority on March 2, 1993; and
BE IT FURTHER RESOLVED THAT the representative of the Town of Danville is directed
to slapport and cooperation in the orderly termination of the Authority.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
April 19, 1994, by the following vote:
AYES:
Ritchey, Greenberg, Doyle, Shimansky, Waldo
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY CLERK
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