Laserfiche WebLink
8.A. - Page 9 <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 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 /> 41 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 <br /> Section 10.8 of this Agreement. However, in no event shall the Members vote to terminate or <br /> dissolve 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 /> 51 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 Agencies as defined in Exhibit C. If an Agency withdraws from the SBWMA, <br /> the boundary of the SBWMA shall be modified to exclude the area of the withdrawing Agency. <br /> Such withdrawal and redrawing of boundaries shall not prevent any Facilities from being <br /> located outside of the boundary of the SBWMA. <br /> ARTICLE 6.MEMBERSHIP REQUIREMENTS OF SBWMA <br /> 61 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 <br /> jurisdiction to those Facilities specified by the SBWMA, except as provided <br /> in Sections 2.08 and 2.09 of the Uniform Franchise Agreement, Exhibit D <br /> hereto, for a period of time which shall minimally be until December 31, <br /> 2019, or such further period of time necessary to repay a� revenue bonds <br /> issued by the SBWMA. <br /> c. The authority to set rates sufficient to provide for the financing and operation <br /> of the SBWMA Facilities. <br /> d. The authority, by law, to enter into this Joint Powers Agreement(JPA). <br /> 6.2 Founding Members. A Founding Member of the SBWMA shall be one who <br /> has joined on the formation of the SBWMA December 9, 1999. Founding Members are listed as <br /> such in Exhibit A and B hereto. <br /> ATTY/AGR/2013/AMENDMENTS/AMEND N0.2 SBWMA JPA AGREEMENT <br /> REV: 06-10-13 PT <br /> Page 4 of 24 <br />