07/06/2010 Council Packet - Laserfiche WebLink

Home Search

provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members in as equitable a manner as possible, giving consideration among other things, to anticipated use of the programs, systems and facilities of the organization. Any new members joining METRO -INET after January 1, 2010, shall pay a prorated share of the accumulated Class 2 charges which have been charged to or incurred by all members, as computed by the board on the same formula as for initial members as the price of membership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid or future billings in proportion to the Class 2 charges which such existing members have thus far paid or incurred. (c) Class 3 Charges. These charges shall be to cover the costs of system operation and maintenance in serving members (and others) on a "as requested" basis. The amount of such charges shall be determined by the board and such amounts shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retroactively applied to new members. Section 6. It is anticipated that certain members may be in a position to extend special financial assistance to METRO -INET in the form of grants, or other in -kind payments including use of facilities or other infrastructure deemed beneficial to METRO -1NET. The board may credit any such in -kind payment against any charges which the granting member would otherwise have to pay. The board may also enter into an agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. XII. WITHDRAWAL Section 1. Any member may at any time give written notice of withdrawal from METRO -INET. The nonpayment of charges as set forth herein, and the refusal, or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. (a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notification. (b) Upon effective withdrawal the member shall continue to be responsible for its entire prorated share of any unpaid Class 2 obligations and for its share of Class 1 charges in accordance with Chapter XI. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization except that it shall have access to any software developed for its use while it was a member in accordance with and subject to the provisions of Article XI, Section 5, Paragraph (b). XIII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a sufficient number of members withdraws from the organization to reduce the total number of members to less than five (5), or (b) by two - thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. 6