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<br />management, review, monitoring, enforcement, and reporting of Solid Waste, through <br />Recyclable Material, and Plant Material Collection activities in the Service Area. By this joint <br />powers authority, the Members earn economic benefits not realized when using alternate means <br />of Transferring and Transportation Processing of Solid Waste, Recyclable Material and Plant <br />Materials and Disposal of Solid Waste. This joint powers authority provides for the economic <br />viability and utilization requirement of the Facilities. <br /> <br />ARTICLE 3. CREATION OF AUTHORITY <br />3.1 Creation. Pursuant to the Act, on December 9, 1999, the Members created and <br />established a public entity to be known as the “South Bayside Waste Management Authority” <br />(SBWMA). <br />3.2 Separate Entity. The SBWMA is a public entity separate from the Members, <br />and separate from the SBTSA. <br />3.3 Assets, Rights, 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 Members of SBWMA. However, nothing in this Agreement shall prevent any <br />Member from separately contracting for, or assuming responsibility for, specific debts, <br />liabilities, or obligations of the SBWMA, provided that both the Board and that Member’s <br />governing board approve such contract or assumption. <br /> <br />ARTICLE 4. TERM <br />4.1 Effective Date. This Third Amended and Restated Agreement shall be effective <br />on the date it is executed by two-thirds (2/3) of the Members as required by Article 17, <br />Amendments, Section 17.1, Amendment Requirements (Effective Date). <br />4.2 Term. This Agreement shall continue for the period of time necessary to repay <br />any revenue bonds issued by the SBWMA, and thereafter shall continue until terminated or <br />dissolved by a vote taken in accordance with Section 10.8 of this Agreement. However, in no <br />event shall the Members vote to terminate or dissolve the SBWMA if its termination or <br />dissolution would conflict with or violate the terms or conditions of any bonds, financial <br />instruments, or related documentation by or on behalf of the SBWMA, including, without <br />limitation indentures, resolutions, and letter of credit agreements. <br /> <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 <br />boundaries of the Members as defined in Exhibit C. If a Member withdraws from the SBWMA, <br />the boundary of the SBWMA shall be modified to exclude the area of the withdrawing Member. <br />Such withdrawal and redrawing of Service Area boundaries shall not prevent any Facilities from <br />being located outside of the boundary of the SBWMA. <br /> <br />ARTICLE 6. MEMBERSHIP REQUIREMENTS OF SBWMA <br />6.1 Required Powers. Each Member of the SBWMA must at all times have the <br />following powers: <br />a. The authority to grant Solid Waste Collection Franchises. <br />b. The authority, commitment, and agreement to direct the flow of Solid Waste, <br />Recycling and Plant Material generated within the Member's respective