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<br />Texas Clean Air Cities Participating Agreement and By-Laws <br />Page 4 of7 <br /> <br />writing if the Steering Committee is entertaining comments from any non-members of the <br />Steering Committee. Any member in any class of membership shall have the right to consult <br />with attorneys representing the Coalition and receive legal advice from such attorneys regarding <br />matters relevant to TCACC to the same extent as filll members who are not members of the <br />Steering Committee, and shall be bound by the joint litigation agreement embodied in this <br />instrument. Individuals other than official representatives of local governmental units solely in <br />their respective representative capacities are not eligible for any class of membership in TCACC. <br /> <br />6. <br /> <br />Termination of Membership <br /> <br />A member may terminate its membership by written notice to the secretary/treasurer <br />effective upon said officer's actual receipt of said notice. If a member fails to pay its <br />membership fee in full within one-hundred eighty (180) days after notification of fee due, that <br />member's membership is terminated without further action. A member is considered notified on <br />the day written notice is sent to its 1a!>1 designated representative on file with the <br />secretary/treasurer. In the event of such termination, the member shall return all documents <br />reports or similar materials, including all copies and all electronic files, developed in furtherance <br />of the activities of TCACC to the chair of the Steering Committee or other person designated by <br />the chair for that purpose. <br /> <br />7. <br /> <br />Monev Held in Trust <br /> <br />The officers shall hold and manage all money collected in trust for the benefit ofTCACC <br />and its members collectively. Officers may establish prudent fund accounts that accumulate <br />funding for activities and to pay authorized expenses. Officers and others member <br />representatives and designees shall serve without pay, but may be reimbursed reasonable out-of- <br />pocket expenses as approved by the Steering Committee. Any member of any class may request <br />and receive a statement ofTCACC revenues and expenses each year. Instead of maintaining the <br />accounts ofTCACC, the Steering Committee may authorize one or more law firms retained by <br />TCACC to do so in trust for TCACC, but the Steering Committee and the Secretaryffreasurer <br />shall monitor, report on, and be responsible for said account to TCACC by whomever held. <br /> <br />8. <br /> <br />Payment for Performance of Governmental Functions and Services Made from Current <br />Revenues <br /> <br />By entering into this Agreement, each member affirms that it is paying for the <br />performance of governmental functions or services from current revenues available. The <br />payments made under this agreement fairly and adequately compensate the TCACC for the <br />services or functions performed under the contract. <br /> <br />9. <br /> <br />Le2.al Construction <br /> <br />In case anyone or more of the terms, provisions, phrases or clauses contained in this <br />agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality Of unenforceability shall be construed as if such invalid, illegal or unenforce- <br />able portion had never been contained herein. <br /> <br />T <br /> <br />T"----- - --- - <br />