07. Red River Regional Dispatch Center Joint Powers Agreement review

46 Version Oct 13, 2022 undertake whatever actions, within the scope of their respective legal authorities are necessary to expedite completion of the Dispatch Center. The Member Entities recognize and agree that they may be requested to make politically unpopular decisions and that it would not be fair or reasonable to withhold taking necessary action absent a Rational Basis for said inaction. As a result, the Member Entities desire to create a procedure by which a Member Entity may be removed from this Agreement for failing to take necessary and reasonable action without a Rational Basis for making such non-action. Section 21.02 SUSPENSION. Upon the occurrence of any non-performance of a Member Entity’s obligations under this Agreement which has not been cured within thirty (30) days after notice to the breaching Member Entity, a majority of the non-breaching Member Entities, in accordance with Section 21.05 of this Agreement, if applicable, may suspend the breaching Member Entity’s rights under this Agreement until they receive assurances from the breaching Member Entity satisfactory to the non-breaching Member Entities that the breaching Member Entity will cure such Event of Default and perform its obligations under this Agreement. During any period of non-performance and/or suspension of a Member Entity, its obligations and liabilities under this Agreement shall remain in full force and effect. Section 21.03 RRRDC AUTHORITY BOARD REQUEST. The RRRDC Authority Board may from time to time and in its discretion request that a Member Entity perform the following actions, which include but are not limited to: (a) acquiring rights of entry, either voluntarily or through court action; (b) acquiring easements, rights-of-way, land, disposal areas and relocations of property areas, either voluntarily or through court action; (c) actively participating in requesting, obtaining and providing grant and state legislative appropriations for the Dispatch Center; (d) imposing, collecting and remitting sales and use taxes or other sources of revenue for the Dispatch Center and/or in connection with the issuance of Debt Obligations by another Member Entity; (e) creating improvement districts, levying and collecting special assessments; (f) issuing Debt Obligations either individually and/or in cooperation with another Member Entity; and (g) levying and collecting 9-1-1 fees and charges (collectively referred to as the “Requested Dispatch Center Actions”). Requested Dispatch Center Actions shall be in writing and approved by motion of the RRRDC Authority Board, signed by the Chair, and attested by the Director. Requested Dispatch Center Actions shall be delivered to the Governing Body of the Member Entity. The Member Entity will have thirty (30) days to respond in writing to the RRRDC Authority Board whether it intends to undertake and complete the Requested Dispatch Center Actions. Section 21.04 REFUSAL TO UNDERTAKE AND COMPLETE REQUESTED DISPATCH CENTER ACTIONS. If the Member Entity does not intend to undertake and complete the Requested Dispatch Center Action, it must evidence such refusal by a motion of the Member Entity’s Governing Body. Such motion must specifically state in writing and on the record the reason(s) that the Member Entity is refusing to undertake and complete the Requested Dispatch Center Action. The Member Entity must, within ten (10) business days of its Governing Body’s decision, submit its written reasons for not undertaking and completing the Requested Dispatch Center Actions to the RRRDC Authority Board. The RRRDC Authority Board shall then have thirty (30) days to determine if the written reasons given by the Member Entity for not