AgdaPkt 2013-06-24 Closed and Joint Amended 06-21_2013

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8.A. - Page 8 P. WHEREAS the Agencies' use of regional Solid Waste, Recyclable Material and Plant Material Collection and Processing Facilities under the SBWMA provides a proven history of economic and environmental benefits to its users; and Q. WHEREAS the parties to this Agreement wish to continue to possess ownership over these regional Solid Waste Facilities; and R. WHEREAS each Agency has the individual power to plan, acquire, construct, manage, regulate, operate, and control Facilities and operations for the Collection, Transfer, and Transportation, Processing, and Disposal of Solid Waste, Recyclable Material, and Plant Material generated within its jurisdictional boundaries, as well as to create and issue Franchise agreements for such activities; and S. WHEREAS the Agencies have issued Revenue Bonds to pay for the purchase of these Facilities in March 2000. NOW, THEREFORE BE IT RESOLVED that the Agencies do hereby establish the South Bayside Waste Management Authority for the purpose of owning, financing, administering, and operating regional Facilities and for administering rates for Solid Waste and diversion programs and do hereby agree as follows: ARTICLE 1.DEFINITIONS 11 Definitions. Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. ARTICLE 2.PURPOSE 21 Purpose. This Agreement is entered into pursuant to the Act to provide for the exercise of powers as provided therein, and to provide for the joint exercise of certain powers common to the Agencies. The purpose of this Agreement is to provide for the joint ownership, financing, administration, and operation of the Facilities, and for the joint planning, adoption, financing, administration, management, review, monitoring, enforcement, and reporting of Solid Waste, Recyclable Material, and Plant Material Collection activities in the Service Area. By entering this joint powers authority, the Agencies earn economic benefits not realized when using alternate means of Transferring and Transportation Processing of Solid Waste, Recyclable Material and Plant Materials and Disposal of Solid Waste. Further, the establishment of this joint powers authority provides for the economic viability and utilization requirement of the Facilities. ARTICLE 3. CREATION OF AUTHORITY 31 Creation. Pursuant to the Act, the Agencies hereby create and establish a public entity to be known as the"South Bayside Waste Management Authority" (SBWMA). 3.2 Separate Entity. The SBWMA shall be a public entity separate from the Agencies, and separate from the SBTSA. ATTY/AGR/2013/AMENDMENTS/AMEND N0.2 SBWMA JPA AGREEMENT REV: 06-10-13 PT Page 3 of 24