07. Red River Regional Dispatch Center Joint Powers Agreement review

47 Version Oct 13, 2022 undertaking and completing the Requested Dispatch Center Actions have a Rational Basis. The decision regarding whether the failure to undertake a Request Dispatch Center Action had a Rational Basis shall be made by an affirmative vote of not less than five (5) members of the RRRDC Authority Board. The RRRDC Authority Board’s determination that a Member Entity did not have a Rational Basis for refusing to undertake and complete the Requested Dispatch Center Action shall be deemed a Default by that Member Entity. If the RRRDC Authority Board determines that a Member Entity is in Default pursuant to this Section, the RRRDC Authority Board may institute proceedings in accordance with Section 21.05 of this Agreement to remove the Defaulting Member Entity from the Red River Regional Dispatch Center Authority. Section 21.05 REMOVAL OF MEMBER ENTITY. In the event that a Member Entity is deemed to be in Default pursuant to Section 21.04 of this Agreement, the RRRDC Authority Board may vote to remove the Defaulting Member Entity from Red River Regional Dispatch Center Authority and this Agreement by an affirmative vote of two-thirds (2/3) of the members of the RRRDC Authority Board. The decision to remove a Defaulting Member Entity shall be in writing and signed by the Chair and attested by the Director. The decision of the RRRDC Authority Board shall then be submitted to all of the Member Entities’ Governing Bodies within ten (10) business days of the decision by the RRRDC Authority Board determining that a Member Entity is in Default. The Governing Bodies of the Member Entities shall then have thirty (30) days to determine whether the Defaulting Member Entity shall be removed from the RRRDC Authority Board and this Agreement. A Defaulting Member Entity can only be removed from the Red River Regional Dispatch Center Authority and this Agreement pursuant to this Section by an affirmative vote of a simple majority of all the Member Entities. The Defaulting Member Entity will be counted for purposes of determining the number of Member Entities, and the Defaulting Member Entity will be included in the determination of whether a majority of all Member Entities voted. Upon the affirmative vote of a majority of all the Member Entities the Defaulting Member Entity shall be removed from the Red River Regional Dispatch Center Authority and this Agreement. The removal of a Member Entity pursuant to this provision shall not be deemed as construed to alter any of the obligations of the Member Entity established, created, or accrued prior to its removal. Section 21.06 VOLUNTARY WITHDRAWAL. A Member Entity may petition the RRRDC Authority Board to voluntarily withdraw from the Red River Regional Dispatch Center Authority. The RRRDC Authority Board may grant the request of the Member Entity if the RRRDC Authority Board determines by an affirmative vote of a simple majority of all of the RRRDC Authority Board Members that the request would not prejudice the other Member Entities with respect to the financing, constructing, operating and/or maintaining the Dispatch Center and/or the ability to perform under the Dispatch Center Agreement. The decision to grant the request of a Member Entity to voluntarily withdraw from the Red River Regional Dispatch Center Authority and this Agreement shall be in writing, signed by the Chair, and attested by the Director. The decision of the RRRDC Authority Board shall then be submitted to all of the Member Entities’ Governing Bodies within ten (10) business days of the decision by the RRRDC Authority Board determining that a Member Entity may voluntarily withdraw from the Red River Regional Dispatch Center Authority and this Agreement. The Governing Bodies of the Member Entities shall then have thirty (30) days to determine whether the Member