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1 <br /> 2 Section 4. Creation of Authority <br /> 3 The East Bay Dischargers Authority (hereinafter referred to as "Authority") as <br /> 4 created by that Joint Exercise of Powers Agreement dated February 15, 1974, shall <br /> 5 exercise the powers as hereinafter set forth. The Authority shall be a public entity <br /> 6 separate from the Agencies. No debt, liability, or obligation of the Authority shall <br /> 7 constitute a debt, liability, or obligation of any Agency, except that where a Grant <br /> 8 Anticipation Note is issued at the request of a member agency for its sole-use facilities, <br /> 9 such Agency shall be liable to the Authority for such Grant Anticipation Note. The <br /> 10 remaining Agencies forming the Authority shall not be liable for the payment of such <br /> 11 obligation incurred by the Authority on behalf of a member agency. <br /> 12 Section 5. Powers <br /> 13 The Authority shall have power to plan for, acquire, construct, manage, maintain, <br /> 14 operate, and control facilities for the collection, transmission, treatment, reclamation, <br /> 15 sale and disposal of wastewater and to enter into contracts to provide services to other <br /> 16 <br /> governmental or non-governmental entities within or outside its boundaries. It shall also <br /> 17 <br /> have the power to plan for, prepare studies and reports, and make recommendations for <br /> 18 <br /> 19 proper wastewater management. <br /> 20 The Authority is hereby authorized, in its own name, to perform all acts <br /> 21 necessary for the exercise of said powers, as allowed by law, including but not limited to <br /> 22 any or all of the following: <br /> 23 (a) to make and enter into contracts; <br /> 24 (b) to apply for and accept grants, advances and contributions; <br /> 25 (c) to employ or contract for the services of engineers, attorneys, planners, <br /> 26 financial consultants, fiscal agents, and such other persons as it deems <br /> 27 necessary; <br /> 28 (d) to make plans and conduct studies; <br /> 29 (e) to acquire, construct, manage, maintain, operate, and control any building, <br /> 30 works, or improvements; <br /> 31 (f) to acquire, hold or dispose of property; <br /> 32 (g) to sue and be sued in its own name; <br /> -6- <br /> 2336705.4 <br />