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8.A. - Page 32
<br /> ARTICLE 1.DEFINITIONS
<br /> 11 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 /> ARTICLE 2.PURPOSE
<br /> 21 Purpose. This Agreement is entered into pursuant to the Act to provide for the
<br /> exercise of powers as provided therein, and to provide for the joint exercise of certain powers
<br /> common to the Agencies. The purpose of this Agreement is to provide for the joint ownership,
<br /> financing, administration, and operation of the Facilities, and for the joint planning, adoption,
<br /> financing, administration, management, review, monitoring, enforcement, and reporting of Solid
<br /> Waste, Recyclable Material, and Plant Material Collection activities in the Service Area. By
<br /> entering this joint powers authority, the Agencies earn economic benefits not realized when using
<br /> alternate means of Transferring and Transportation Processing of Solid Waste, Recyclable
<br /> Material and Plant Materials and Disposal of Solid Waste. Further, the establishment of this joint
<br /> powers authority provides for the economic viability and utilization requirement of the Facilities.
<br /> ARTICLE 3. CREATION OF AUTHORITY
<br /> 31 Creation. Pursuant to the Act, the Agencies hereby create and establish a public
<br /> entity to be known as the "South Bayside Waste Management Authority" (SBWMA).
<br /> 3.2 Separate Entity. The SBWMA shall be a public entity separate from the
<br /> Agencies, 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 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 Section
<br /> 10.8 of this Agreement. However, in no event shall the Members vote to terminate or dissolve
<br /> 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
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