89. Contents of agreements establishing multi-jurisdictional municipal service districts

  1. An agreement establishing a multi-jurisdictional municipal service district must describe the rights, obligations and responsibilities of the participating municipalities and must-
    1. determine the boundaries of the district;
    2. identify the municipal service to be provided in terms of the agreement;
    3. determine the mechanism that will provide the service in the district;
    4. determine budgetary, funding and scheduling arrangements for implementation of the agreement;
    5. provide for-
      1. the establishment of a governing body for the multi-jurisdictional municipal service district;
      2. the appointment of representatives of the participating municipalities to the governing body, the filling of vacancies and the replacement and recall of representatives;
      3. the number of representatives appointed for each participating municipality, subject to subsection (2);
      4. the terms and conditions of appointment of those representatives;
      5. the appointment of a chairperson;
      6. the operating procedures of the governing body;
      7. the delegation of powers and duties to the governing body consistent with section 92; and
      8. any other matter relating to the proper functioning of the governing body;
    6. provide for-
      1. the acquisition of infrastructure, goods. services, supplies or equipment by the governing body, or the transfer of infrastructure. goods, services, supplies or equipment to the governing body;
      2. the appointment of staff by the governing body, or the transfer or secondment of staff to the governing body in accordance with applicable labour legislation;
      3. the terms and conditions on which any acquisition. transfer. appointment or secondment is made; and
    7. determine the conditions for, and consequences of, the withdrawal from the agreement of a participating municipality:
    8. determine the conditions for, and consequences of, the termination of the agreement, including-
      1. the method and schedule for winding-up the operations of the district;
      2. the distribution of the proceeds; and
      3. the allocation among the participating municipalities of any assets and liabilities.
  2. A governing body must consist of between three and fifteen representatives.
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