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10B Action 2007 0730
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10B Action 2007 0730
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7/27/2007 4:37:51 PM
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7/27/2007 4:37:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/30/2007
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_CC Agenda 2007 0730
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0730
Reso 2007-109
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />10000 et seq.), the Improvement Bond Act of 1915 (Streets & Highways Code <br />Section 8500 et seq.), and the Marks-Roos Local Bond Pooling Act of 1985 <br />(Government Code Section 6584 et seq.); <br /> <br />(15) Subject to applicable legal authority, to form one or more special tax districts <br />under the Mello-Roos Community Facilities District Act of 1982 (Government Code <br />Section 53311 et seq.) or any other authority that may exist now or in the future; <br /> <br />(16) To negotiate and enter into reimbursement agreements when monies to construct <br />project improvements are advanced; <br /> <br />(17) Subject to applicable legal authority J to cause taxes, assessments, fees or <br />charges to be levied in accordance with applicable State and Federal law. and in a <br />manner to accomplish the purposes of the Authority; <br /> <br />( 18) To issue bonds and sell or lease any facilities for purposes of debt financing; <br /> <br />(19) To carry on technical and other investigations of all kinds necessary to further the <br />purposes of the Authority; <br /> <br />(20) To sue and be sued; <br /> <br />(21)To amend the Functional Specifications; and <br /> <br />(22) To exercise all powers incidental to the foregoing including, but not limited to, <br />contracting for services from Members, reimbursing Directors for expenses <br />incurred as permitted by law and adopting personnel rules and regulations. <br /> <br />b. Limitation of Imposition of Powers. The provisions of subsection a. notwithstanding, <br />the Board of Directors shaH have no power to impose taxes, assessments, fees or <br />charges within any Member's jurisdiction unless the Member's governing body adopts <br />a resolution approving the tax, assessment, fee or charge. <br /> <br />c. Additional Powers to be Exercised. In addition to those powers common to each of the <br />members, the Authority shall have those powers that may be conferred upon it by <br />subsequently enacted legislation. <br /> <br />d. Restriction on Exercise of Powers. Pursuant to Section 6509 of the Act, the County of <br />Alameda is designated as the Member for determination of the restrictions upon the <br />Members in exercising the powers set forth in this Agreement. <br /> <br />e. Debts, Liabilities and Obliqations. The debts, liabilities, and obligations of the Authority shall <br />not constitute debts, liabilities, or obligations of the Members, either jointly or severally. <br /> <br />5. Duties. The Authority shall have the duty to do the following within the times specified Of, if <br />no time is specified, within a reasonable time: <br /> <br />Joint Exercise of Powers Agreement for the <br />East Bay Regional CommunIcations System Authority <br />Final Agreement: May 22, 2007 <br /> <br />Page4of11 <br />
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