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(5) To lease or sublease real, personal and intangible property;
<br /> (6) To acquire, hold, or dispose of real, personal or intangible property by negotiation,
<br /> dedication or eminent domain provided, however, that the power of eminent
<br /> domain shall be used to acquire real, personal or intangible property of a Member
<br /> only with the consent of the governing body of such Member;
<br /> (7) To own, lease, sublease, acquire, operate, maintain and dispose of materials,
<br /> supplies, and equipment of all types including, but not limited to intangible property
<br /> such as radio frequencies;
<br /> (8) To plan, and to conduct environmental evaluation and other analyses in
<br /> connection therewith, and design buildings, facilities or communications
<br /> improvements of any kind;
<br /> (9) To construct, operate, and maintain buildings, facilities or communications
<br /> improvements of any kind, provided that (i) for new buildings, facilities or
<br /> communications improvements located on property owned by a public entity, the
<br /> Authority shall provide appropriate public notice of proposed action, but shall be
<br /> exempt from all local land use and zoning regulations; and (ii) for new buildings,
<br /> facilities or communications improvements located on private property, the
<br /> Authority shall apply for and receive appropriate approvals under the applicable
<br /> local land use and zoning regulations;
<br /> (10) To accept, hold, invest (pursuant to the Act, including, without limitation, Section
<br /> 6509.5 thereof), manage, and expend monies;
<br /> (11) To obtain and secure funding from any and all available public and private sources
<br /> including local, state, and federal government, including but not limited to, bond
<br /> issuances, lease purchase agreements, public grants, public and private contributions,
<br /> public and private loans, and other funds;
<br /> (12) To incur debts, liabilities or obligations, subject to the provisions of this Agreement,
<br /> provided that no debt, liability, or obligation shall constitute a debt, liability or
<br /> obligation of the Members, either jointly or severally.
<br /> (13) Subject to applicable legal authority, to impose, levy, collect, or cause to be
<br /> collected, or to receive and use, public safety communication impact or development
<br /> fees on new residential, commercial, and industrial development;
<br /> (14) Subject to applicable legal authority, to form one or more special assessment
<br /> districts under any legal authority that exists now or in the future, including, without
<br /> limitation, the Improvement Act of 1911 (Streets & Highways Code Section 5000 et
<br /> seq.), the Municipal Improvement Act of 1913 (Streets & Highways Code Section
<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 /> Joint Exercise of Powers Agreement for the
<br /> East Bay Regional Communications System Authority
<br /> Final Agreement: August 14, 2007 Page 3 of 10
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