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11. PROCEDURE FOR BECOMING MEMBER OF BOARD <br /> All of the agencies signatory to this Agreement shall be members of the <br />Board. Any city in Alameda County, including cities incorporated after the effective date of this <br />Agreement, may become members of the Board by presenting an adopted resolution to the <br />Authority which includes a request to become a member of the Board. Any other public entity in <br />Alameda County which shares and exercises powers in common with the Agencies may become <br />a member of the Board by presenting an adopted resolution to the Authority which includes a <br />request to become a member of the Board and upon a two-thirds affirmative vote of the <br />Authority accepting the public entity to membership. <br /> <br /> 12. WITHDRAWAL AND TERMINATION OF MEMBERSHIP <br /> Any Agency may withdraw from the Agreement, subject to written notice <br />submitted to the Authority at least one full fiscal year in advance of the effective date of <br />withdrawal. The membership of any agency which ceases to have powers in common with the <br />parties to this Agreement or, in the case of a special district, ceases to exercise franchise <br />authority for solid or hazardous waste management shall terminate thirty (30) days after the <br />occurrence of the requisite events as specified in this section. <br /> <br /> 13. SPECIAL PROVISIONS <br /> a. Hazardous Waste Facility User Fees <br /> The Authority shall not impose or enforce a tax for general purposes or <br />impose a user fee pursuant to Health and Safety Code section 25173.5 as that section exists or <br />may be amended from time to time, except that such tax or user fee may be imposed and <br />enforced by the Authority either to the extent necessary for programs undertaken by the <br />Authority which complement the hazardous waste plans and programs of the Agencies and with <br />the specific approval of the jurisdictional agency in which the fee is levied, or to the extent that <br />said section or its successor authorizes such a tax or user fee to be levied by the Authority. <br /> <br /> b. Hazardous Waste Management/Administrative Fees <br /> The Agencies understand and agree that the Authority may, by agreement <br />with one or more Agencies, share in hazardous waste administration fees such as advance <br />disposal fees or plan check fees if the Authority is incurring costs related to programs for which <br />such fees are levied. The Authority may also levy fees for such purposes to the extent that it is <br />also incurring costs for administration of hazardous waste programs, but the discretion to levy <br />such fees does not preclude the Agencies from also levying such fees as authorized by law. <br /> <br /> c. Funding of County Solid Waste Management Plan <br /> The previous JPA provided that the Authority could levy the fee <br />authorized by then existing Government Code section 66784.3 to defray the cost of preparing, <br />maintaining and administering the Alameda County Solid Waste Management Plan. The <br />Agencies are desirous of continuing the authorization to levy a fee for the purpose of defraying <br />the cost of preparing, maintaining and administering the Alameda County Solid Waste <br />Management Plan until such time as an Alameda County Integrated Waste Management Plan is <br />approved by the California Integrated Waste Management Board. Therefore, by their signatures <br />hereon, the Agencies delegate to the Authority the power to levy such a fee upon solid waste <br />operators in the County for the purpose of defraying the cost of preparing, maintaining and <br />administering the Alameda County Solid Waste Management Plan until such time as it is <br />superseded by an approved Alameda County Integrated Waste Management Plan. Alameda <br />County understands and agrees that the Authority and not the County may levy the fee <br />authorized by this provision. <br />Attachment 3