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8.A. - Page 31 <br /> L WHEREAS the Agencies intend to coordinate their efforts to produce and share <br /> Solid Waste, Recyclable Material and Plant Material reports, including program and operational <br /> information derived from the operation of regional Facilities, as required by California Public <br /> Resources Code, §40000 et seq.; and <br /> J. WHEREAS each Agency has the authority to regulate their Solid Waste, <br /> Recyclable Material, and Plant Material stream, including the Collection, Transfer, <br /> Transportation, and Processing thereof, and has the authority to establish rates for the conduct of <br /> such functions; and <br /> K WHEREAS Solid Waste from each Agency is landfilled at the Ox Mountain <br /> Sanitary Landfill located off State Highway 92, approximately two miles east of Half Moon Bay; <br /> and <br /> L. 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 /> altogether which would increase the costs to Solid Waste Collection ratepayers; and <br /> M. WHEREAS each Agency has been a member of the South Bayside Waste <br /> Management Authority (SBWMA) under a Joint Exercise of Powers Agreement dated <br /> December 9, 1999, and has since enjoyed the benefits of such membership, and in accordance <br /> with the terms of that agreement has directed its Solid Waste to be Processed at the regional <br /> Facility; and <br /> N. 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 ratepayers; and <br /> O. 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 /> P. WHEREAS the Agencies' 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 users; and <br /> Q. WHEREAS the parties to this Agreement wish to continue to possess ownership <br /> over these regional Solid Waste Facilities; and <br /> R. WHEREAS each Agency 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 Material <br /> generated within its jurisdictional boundaries, as well as to create and issue Franchise agreements <br /> for such activities; and <br /> S. WHEREAS the Agencies have issued Revenue Bonds to pay for the purchase of <br /> these Facilities in March 2000; <br /> NOW, THEREFORE BE IT RESOLVED that the Agencies do hereby establish the <br /> South Bayside Waste Management Authority for the purpose of owning, financing, <br /> administering, and operating regional Facilities and for administering rates for Solid Waste and <br /> diversion programs and do hereby agree as follows: <br /> Page 2 of 23 <br />