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Agmt 2007 EBRCSA
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Agmt 2007 EBRCSA
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Last modified
7/20/2012 5:21:29 PM
Creation date
8/1/2007 11:59:50 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/30/2007
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PERM
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Reso 2007-109
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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(5) Contributions. Within 90 days of execution of this Agreement, the Board will establish <br /> by two-thirds (2/3) vote of the Board the amount of start -up funds to be contributed to the <br /> Authority by each Member. Additional contributions shall be specified in the Funding Plan <br /> to be adopted by two-thirds (213) vote of the Board, in accordance with Section 5.d. and <br /> Section 7.a. <br /> (6) Fiscal Year. The fiscal year of the Authority shall be the period from July 1st of each <br /> year to and including the following June 30th. <br /> 7. Voting. Each member of the Board shall have one vote. The Board may take action by the <br /> affirmative vote of the majority of the entire Board. However, the following actions may only be taken with <br /> the affirmative vote of at least sixteen (16) Directors. <br /> a. Establish start -up contributions from Members, as referenced in Section 6.d.(5) of this <br /> Agreement and adopt a Funding Plan, as referenced in Sections 6.d.(5) and 5.d.; <br /> b. Levy and collect, or cause to be collected, communication impact fees on new residential, <br /> commercial, and industrial development, as authorized by local, state, and federal law; <br /> c. Form a special assessment district under any legal authority that exists now or in the <br /> future, including, without limitation, the Improvement Act of 1911 (Streets & Highways Code <br /> Section 5000 et seq.), the Municipal Improvement Act of 1913 (Streets & Highways Code <br /> Section 10000 et seq.), and the Improvement Bond Act of 1915 (Streets & Highways Code <br /> Section 8500 et seq.), as authorized by local, state, and federal law; <br /> d. Form a special tax district under the Mello-Roos Community Facilities District Act of 1982 <br /> (Government Code Section 53311 et seq.) or any other authority that may exist now or in <br /> the future; <br /> e. Cause taxes, assessments, fees or charges to be levied as authorized by local, state, and <br /> federal law, and in a manner to accomplish the purposes of the Authority; <br /> f. Issue bonds or other forms of debt; and <br /> g. Exercise the power of eminent domain. <br /> 8. Reserved. <br /> 9. Indemnification. The Authority shall acquire such insurance protection as is necessary to <br /> protect the interest of the Authority and its Members. The Authority shall assume the defense of and <br /> indemnify and save harmless the Members and their governing bodies, officers, agents, and <br /> employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and <br /> description directly or indirectly arising from the performance of any of the activities of the Authority or <br /> the activities undertaken pursuant to this Agreement. <br /> 10. Liability of Board, Officers and Employees. <br /> Joint Exercise of Powers Agreement for the <br /> East Bay Regional Communications System Authority <br /> Final Agreement: August 14. 2007 Page 8 of 10 <br />
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