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ARTICLE L DEFINITIONS
<br />1.1 Definitions. Unless the context otherwise requires, capitalized terms used in this
<br />Agreement will have the meanings specified in Exhibit C to this Agreement, which is attached
<br />hereto and incorporated by reference.
<br />ARTICLE 2. PURPOSE
<br />2.1 Purpose. This Agreement is entered into pursuant to the Act to provide for the
<br />exercise of powers as provided therein, and to provide for the joint exercise of certain powers
<br />common to the Agencies. The purpose of this Agreement is to provide for the joint ownership,
<br />financing, administration, and operation of the Facilities, and for the joint planning, adoption,
<br />financing, administration, management, review, monitoring, enforcement, and reporting of Solid
<br />Waste, Recyclable Material, and plant Material Collection activities in the Service Area. By
<br />entering this joint powers authority, the Agencies earn economic benefits not realized when using
<br />alternate means of Transferring and Transportation Processing of Solid Waste, Recyclable
<br />Material and Plant Materials and Disposal of Solid Waste. Further, the establishment of this joint
<br />powers authority provides for the economic viability and utilization requirement of the Facilities.
<br />ARTICLE 3. CREATION OF AUTHORITY
<br />3.1 Creation. Pursuant to the Act, the Agencies hereby create and establish a public
<br />entity to be known as the "South Bayside Waste Management Authority„ (SBWMA).
<br />3.2 Separate Entity, The SBWMA shall be a public entity separate from the
<br />Agencies, and separate from the SBTSA.
<br />3.3 Assets, nights, and Liabilities. The assets, rights., debts, liabilities, and
<br />obligations of the SBWMA shall not constitute assets, rights, debts, liabilities, or obligations of
<br />any of the Agencies or the SBWMA. However, nothing in this Agreement shall prevent any
<br />Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities,
<br />or obligations of the SBWMA, provided that both the Board and that Agency approve such
<br />contract or assumption.
<br />ARTICLE 4. TERM
<br />4.1 Effective Date. This Second Amended Agreement shall be dated as of, and
<br />become effective on, the date of its execution by the last of the Founding Members (Effective
<br />Date).
<br />4.2 Term. This Agreement shall continue at least until December 31, 2019, or such.
<br />further period of time necessary to repay any revenue bonds issued by the SBWMA, and
<br />thereafter shall continue until terminated or dissolved by a vote taken in accordance with Section
<br />10.8 of this Agreement. However, in no event shall the Members vote to terminate or dissolve
<br />the SBWMA if its termination or dissolution would conflict with or violate the terms or
<br />conditions of any bonds, financial instruments, or related documentation by or on behalf of the
<br />SBWMA., including, without limitation, indentures, resolutions, and letter of credit agreements.
<br />ARTICLE 5. BOUNDARIES
<br />5.1 Service Area. The SBWMA shall exercise its powers within its Service Area
<br />boundaries, as they may change from time to time. The Service Area shall be the consolidated
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