Laserfiche WebLink
<br />Bay; and <br />J. WHEREAS in the absence of a regional Solid Waste Transfer Facility, Solid <br />Waste Collectors would individually have to travel to Ox Mountain to dispose of Solid Waste, <br />which would increase (a) driving distances and times, (b) the size and cost of the Collection <br />vehicles, (c) traffic and congestion on the highways, and (d) the wear and tear on the highways; <br />which would altogether increase the costs to Solid Waste Collection ratepayers; and <br />K. WHEREAS each Member and its constituents have realized these benefits since <br />establishment of the joint powers authority on December 9, 1999 directing its Solid Waste to be <br />Processed at the regional Facility; and <br />L. WHEREAS modifying the method of Solid Waste, Recyclable Material, and <br />Plant Material Collection, Transfer and Transportation Processing and Disposal could cause <br />disruptions in service to the Member’s ratepayers; and <br />M. WHEREAS California Government Code §6500 et seq. (Joint Exercise of <br />Powers Act) permits two or more public agencies to create joint powers authorities for the <br />purposes cited herein, and permits the agencies to exercise jointly any power that the public <br />agencies could exercise separately, and further grants certain additional powers to such joint <br />powers authorities; and <br />N. WHEREAS the Members’ use of regional Solid Waste, Recyclable Material and <br />Plant Material Collection and Processing Facilities under the SBWMA provides a proven history <br />of economic and environmental benefits to its their users; and <br />O. WHEREAS the Members wish to continue to possess ownership over these <br />regional Solid Waste Facilities; and <br />P. WHEREAS each Member has the individual power to plan, acquire, construct, <br />manage, regulate, operate, and control Facilities and operations for the Collection, Transfer, and <br />Transportation, Processing and Disposal of Solid Waste, Recyclable Material, and Plant <br />Material generated within its jurisdictional boundaries, as well as to create and issue Franchise <br />agreements for such activities; and <br />Q. WHEREAS the Members originally issued Revenue Bonds to pay for the <br />purchase of Facilities in March 2000 and refinanced the bonds in 2019; thereby reducing costs <br />for SBWMA or the Member’s ratepayers. <br />NOW, THEREFORE BE IT RESOLVED that the Members agree to rescind all prior <br />joint exercise of powers agreements and adopt this Third Amended and Restated Joint Exercise <br />of Powers Agreement pursuant to which the SBWMA shall continue to own, finance, <br />administer, and operate regional Facilities and administer rates for Solid Waste and diversion <br />programs for the Members as follows: <br /> <br />ARTICLE 1. 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 /> <br />ARTICLE 2. PURPOSE <br />2.1 Purpose. This Agreement provides for the exercise of powers as provided <br />therein, and to provide for the joint exercise of certain powers common to the Members. The <br />purpose of this Agreement is to provide for the joint ownership, financing, administration, and <br />operation of the Facilities, and for the joint planning, adoption, financing, administration,