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Show in accoraance wun wc yiv visions of Section 11-13-9 of the Interlocal Co-Operation Act this Agreement shall, prior to and as a condition precedent tc its entry into force, be submitted sub-mitted to the County Attorney who shall approve this Agreement Agree-ment upon a determination that it is in proper form and compatible with the laws of this state. 10. Adoption of appropriate resolutions. The governing bodies of the participating Public Agencies shall adopt appropriate resolutions resolu-tions approving their participation partici-pation herein, which adoption is necessary before this Agreement Agree-ment may enter into force. 11. Filing of Agreement. Prior to its entry into force, this Agreement shall be filed with the keeper of records of each of the Public Agencies party hereto. 12. Publication of Resolutions. Resolu-tions. The governing body of each party hereto shall provide for publication of the resolution approving this Agreement adopted by such governing body pursuant to Section II-13-5 of the Interlocal Cooperation Co-operation act and Section 10 hereof, in a newspaper published pub-lished within the municipality, or if no newspaper is so published, pub-lished, then in a newspaper having general circulation therein. As provided in Section Sec-tion 11-13-20 of the Interlocal Co-operation Act, for a period of thirty days after such publication publi-cation any person or interest shall have the right to contest the legality of such resolution and after such time no one shall have any cause of action to contest the regularity, formality for-mality or legality thereof for any cause whatsoever. IN WITNESS WHEREOF, the parties have here caused this Agreement to be executed by their respective authorized officers to be effective on the date first above stated. Attest and Countersigned: Arden F. Jenson City Recorder City of Bountiful, Utah By ELMER W. BARLOW Mayor Published in the Davis County Clipper on Dec. 16, 1981 Issue No. 48 C-502 year commencing with the date of such election and ending en-ding on the day his successor is elected. The board shall be responsible responsi-ble for the administration of the joint undertaking. 4. The manner of financing the joint or co-operative undertaking. under-taking. Each party hereto may withdraw from this Agreement at its option at any time prior to the execution of a contract for the disposal of waste (the "Waste Disposal Contract") and the issuance of the bonds to finance the Project. a. Obligation of the Issuer. As agreed upon by the Parties Par-ties hereto, the Board shall designate de-signate a member entity to undertake to issue its revenue bonds (the "Bonds" pursuant to law for the purpose of defraying de-fraying the cost of financing and acquiring the Project and to sell, lease or otherwise dispose dis-pose of the Project to any private pri-vate person, firm, partnership or corporation (an "equity owner") engaged in business for a profit, all upon such terms as shall be approved by the Board. b. Obligations of municipalities. To provide security for the Bonds, the parties hereto hereby agree to supervise and regulate the collection, transportation trans-portation and disposition of all solid waste generated within their respective jurisdictions (including any territory annexed thereto in the future) as authorized by the Solid Waste Management Act. In order to exercise their statutory statu-tory power to control the right to collect, transport and dispose dis-pose of all solid waste generated gener-ated within their jurisdictions, the parties hereto shall: (i) require all private collectors col-lectors operating within their jurisdictions to obtain licenses and require by ordinance and-or as a condition con-dition of obtaining such license that all solid waste generated within their respective re-spective jurisdictions (including (in-cluding any territory annexed thereto in the future) fu-ture) be delivered to the Project, which requirement shall be in effect prior to the issuance of Bonds and remain re-main in effect for so long as any Bonds are outstanding or until provision has been made for the satisfaction of such Bonds; (ii) deliver all solid waste generated within their respective re-spective jurisdictions (including (in-cluding any territory annexed thereto in the future) fu-ture) which they collect, to the solid waste manage- Fruit Heights Kaysville Layton Clearfield Sunset Syracuse Clinton West Point South Weber WITNESSETH: WHEREAS, the Public Agencies which are a party hereto have determined that construction of solid waste management facilities is necessary in Davis County in order to protect, preserve and enhance the environment within their respective jurisdictions; juris-dictions; and WHEREAS, pursuant to the authority granted in the Utah Solid Waste Management Manage-ment Act (Chapter 32 of Title 26, Utah Code Annotated 1953, as amended), the governing gov-erning body of a public entity constituting, among other things, municipalities and counties, may provide solid waste management facilities (1) to handle adequately solid waste (2) generated or existing (1) "Solid waste management facility" means any facility employed em-ployed for solid waste management, manage-ment, including, but not limited to, transfer stations, transport systems, baling facilities, landfills, land-fills, processing systems, including includ-ing resource recovery facilities or other facilities for reducing solid waste volume, plants and facilities facili-ties for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion con-version facilities. Section 26-32-2(2) of the Utah Solid Waste Management Act. (2) "Solid waste" means all putrescible and nonputrescible materials or substances discarded dis-carded or rejected as being spent, useless, worthless or in excess to the owner's needs at the time of discard or rejection, including, but not limited to garbage, refuse, re-fuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator in-cinerator residue, demolition and construction debris, discarded dis-carded automobiles and offal, but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. Section 26-32-2U) of the Utah Solid Waste Management Act. within or without its jurisdiction, jurisdic-tion, and may enter into long-term long-term interlocal agreements having terms of more than five but less than fifty years with other public entities, with public pub-lic agencies as defined in the Interlocal Co-operation Act (Chapter 13 of Title 11, Utah Code Annotated 1953, as amended), with private persons per-sons or entities, or any combination com-bination thereof, to provide for or operate solid waste manage ment faculties; and WHEREAS, pursuant to, the provisions of such Interlocal Inter-local Co-operation Act any power or powei, privileges or authority exercised or capable of exercise by a public agency of this state, such as those cited hereinabove in this preamble, may be exercised and enjoyed with any other public agency ot this state having hav-ing the power or powers, privileges pri-vileges or authority; and WHEREAS, if is the purpose pur-pose of the Interlocal Cooperation Co-operation Act to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate co-operate with other localities on a basis of mutual advantage and thereby to provide services ser-vices and facilities in a manner and pursuant to forms of governmental gov-ernmental organization that will accord best with geographic, geog-raphic, economic, population and other factors influencing the needs and development of local communities and to provide pro-vide the benefit of economy of scale, economic development and utilization of natural resources re-sources for the overall promotion promo-tion of the general welfare of the state; and WHEREAS, any two or more Public Agencies may enter en-ter into agreements with one another for joint or cooperative co-operative action pursuant to the Interlocal Co-operation Act including joint ownership and operation of any one or more facilities or improvements improve-ments which they have authority author-ity by law to own individually and for the joint acquisition by gift, grant, purchase, construction, con-struction, condemnation or otherwise of any one or more such improvements or facilities facili-ties and for the extension, repair re-pair or improvement thereof; WHEREAS, the Public Agencies which are a party hereto have determined that entering into this Agreement is the most efficient use of their powers to provide for solid waste disposal and resource recovery; NOW, THEREFORE, it is agreed by and among the parties par-ties in consideration of the mutual promises herein stated, as follows: 1. Purpose of Agreement. It is the purpose of this Agreement for joint or cooperative co-operative action to provide for and facilitate the financing of solid waste management facilities facili-ties (3) in Davis County which shall be known as the Davis Solid Waste Management Project Pro-ject (the "Project" or "joint or co-operative undertaking"). (3) See footnote (I) 2. Duration of Agreement. The duration of this Agreement Agree-ment shall be fifty (50) years, but this Agreement shall be renewable re-newable thereafter on such terms and conditions permit-led permit-led by law, which conditions shall be mutually satisfactory to the Public Agencies party hereto. However, this Agreement Agree-ment may be terminated by mutual agreement as provided pro-vided in Section 7 hereinafter. 3. Provision for a joint board responsible for administering the joint or co-operative undertaking under-taking and the precise organization, organiza-tion, composition and nature of such administrative entity, together with the powers delegated dele-gated thereto. The joint or co-operative undertaking of the parties hereto shall be administered and managed by an administrative administra-tive body, hereby created to perform the joint functions of such co-operative undertaking (the "Board"). The members of the Board shall be appointed by the governing bodies of the Public Agencies creating the entity, as follows: (1) One person selected and appointed by the Board of County Commissioners of Davis County; (2) One person for each city , respectively selected and appointed by the governing body of a city which is a party hereto; Such appointees shall serve at the pleasure of the governing gov-erning bodies of the creating Public Agencies, which shall appoint successors to such appointees in the event there is a vacancy on the Board. Each Public Agency reserves the right to remove its representative representa-tive on the Board at its own discretion. An organization meeting shall be held in the Davis County Courthouse on January Janu-ary 21, 1982, at 4: 15 p.m. by all parties hereto. At the organizational organi-zational meeting the Board shall adopt by-laws, select a chairman from among its members mem-bers by majority vote and provide pro-vide for the appointment of other officers, staff members and consultants. The Chairman Chair-man so elected shall hold office until his successor is elected at the next succeeding annual meeting of the Board, which shall be held within two weeks of January 15 in each year commencing in 1983. At the first annual meeting of the Board in each year commencing commenc-ing subsequent to the execution execu-tion hereof, the Board shall select a chairman from among its members by majority vote. The Chairman so elected shall hold office for a term of one ment facility or other facility facil-ity comprising part of the project pursuant to the terms of the Waste Disposal Contract, which agreement shall be authorized and executed ex-ecuted prior to the issuance of Bonds, and shall remain in effect so long as the Bonds are outstanding or until provision has been made for the satisfaction of such Bonds. 5. The manner of establishing estab-lishing and maintaining a budget for the joint or cooperative co-operative undertaking by the Board. , The Board shall prepare and recommend to the parties hereto for approval an annual budget of the administrative expenses of the Board. 6. The manner of acquiring, holding and disposing of real and personal property used in this joint or co-operative undertaking. under-taking. All lands or rights in land required re-quired or necessary for the Project may be acquired with bond proceeds and administered, adminis-tered, held and disposed of as part of the Project. Provision for joint ownership of land or other facilities necessary for the successful operation of the Project may be made by subsequent subse-quent amendment to this Agreement. 7. The permissible method or methods to be employed in accomplishing the termination of this Agreement or participation participa-tion herein. When all bonds or other obligations issued for acquisition ac-quisition and construction of waste management facilities are no longer outstanding or when provision has been made for the satisfaction of such Bonds or other obligations (i) this Agreement may be terminated termin-ated upon mutual consent of all parties hereto or (ii) any party may terminate its participation in this Agreement upon written notice to the other parties. 8. The permissible method of methods to be employed for disposing dis-posing of property upon termination termi-nation of this Agreemant. Upon termination of this Agreement, property shall be disposed of as provided in the documents relating to the financing of the Project, whether an indenture or otherwise; other-wise; provided, however, that the Board shall determine the manner in which any moneys remaining in funds created pursuant to any financing documents shall be distributed when no Bonds are outstanding outstand-ing or provision has been made for the satisfaction thereof. 9. Approval of Agreement by authorized attorney. NOTICE A RESOLUTION approving and authorizing the execution of an Interlocal Co-Operation Agreement for a joint or cooperative co-operative action with other public agencies in Davis County Coun-ty for solid waste management purposes. - 81-19 WHEREAS, pursuant to authorization au-thorization contained in the Utah Solid Waste Management Manage-ment Act, the City of Bountiful (the "City") is authorized to provide solid waste management manage-ment facilities and is authorized autho-rized to enter into interlocal co-operation agreements with other public entities pursuant to the Utah Interlocal Cooperation Co-operation Act to provide for or to operate solid waste management manage-ment facilities; and WHEREAS, there has been presented to this city council for approval an Interlocal Cooperation Co-operation Agreement between be-tween the City and other public pub-lic agencies in Davis County to provide for solid waste management man-agement facilities; and WHEREAS, it is now desired de-sired to approve the participation participa-tion of the City in the solid waste management project for Davis County described in the Interlocal Co-Operation Agreement and to authorize the Mayor to execute and the City Recorder to attest and countersign the Interlocal Co-Operation Co-Operation Agreement on behalf be-half of the City; NOW, THEREFORE, Be It Resolved by the City Council of the City of Bountiful, Davis County, Utah, as follows: Section 1. That the participation participa-tion of the City in a joint or co-operative action for a solid waste management project in Davis County, Utah pursuant to the terms and provisions of the Interlocal Co-Operation Agreement (the "Agreement"), "Agree-ment"), in substantially the form attached hereto as Exhibit Ex-hibit A and made a part hereof, is hereby approved. Section 2. That the Mayor of the City is hereby authorized to execute and the City Recorder Recor-der of the City is hereby authorized au-thorized to attest and counter sign, the Agreement on behalf of the City. Section 3. That this resolution, resolu-tion, including the Agreement, shall be published immediately one time in Davis County Clip-er, Clip-er, a newspaper published in Bountiful, Utah, and of general gener-al circulation in the City, in accordance with the provisions provi-sions of Section 11-13-20, Utah Code Annotated 1953 and of Section 12 of the Agreement. For a period of thirty (30) days from the date of such publication publica-tion any person in interest shall have the right to contest the legality of this resolution. After Af-ter such time no one shall have any cause of action to contest the regularity, formality or legality leg-ality of this resolution. Section 4. That this resolution resolu-tion shall take effect immediately immedi-ately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Bountiful, Davis County, Utah this 9th day of December, Decem-ber, 1981. ELMER W. BARLOW Mayor Attest: Arden F. Jenson City Recorder INTERLOCAL CO-OPERATION CO-OPERATION AGREEMENT FOR JOINT OR CO-OPERATIVE ACTION TO PROVIDE FOR THE FINANCING OF THE DAVIS SOLID WASTE MANAGEMENT PROJECT THIS AGREEMENT (the "Agreement" entered into effective the 10th day of December, De-cember, 1981, by and among the following political subdivisions subdivi-sions of the State of Utah, including in-cluding cities and a county, (hereinafter called "Public Agencies") situated in Davis County, State of Utah: Davis County (the "County") The Cities of: Bountiful North Salt Lake Woods Cross West Bountiful Centerville Farmington |