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C. Powers of ACAP. In furtherance of its purpose, ACAP is authorized to <br /> do all acts necessary for the exercise of its authority, including but not limited to any or all of the <br /> following: <br /> 1. To the extent necessary or appropriate for achieving the stated <br /> purposes of this agreement, consistent with Government Code Division 6, Chapter 5, Article 1, <br /> section 6500 et seq. and the provisions of this agreement, to exercise any power which is <br /> common to both Cities and County. All powers shall be exercised subject to such restrictions <br /> upon the manner of exercising such powers as are set forth in this agreement and as are imposed <br /> upon County in its exercise of similar powers, as provided in, and for the purposes of, Section <br /> 6509 of the Government Code of the State of California. <br /> 2. To wind up the affairs of ACAP; <br /> 3. To perform any contractual obligations of ACAP existing on <br /> September 30, 2011; <br /> 4. To make and enter contracts in its own name for the purposes of <br /> winding up ACAP's affairs; <br /> 5. To employ agents, including legal counsel, and employees for the <br /> purposes of winding up its affairs; provided, however, that effective October 1, 2011,ACAP <br /> shall have no employees; <br /> 6. 'lb manage, maintain, hold or dispose of equipment, material, <br /> supplies and property; <br /> 7. To receive gifts, contributions, and donations of property, funds, <br /> services, and other forms of assistance from persons, firms, corporations, and any governmental <br /> entity. <br /> 8. 'I o sue or be sued in its own name. <br /> II. GOVERNANCE <br /> A. Governing Board. <br /> 1. Membership. The governing body of ACAP shall consist of a <br /> representative from each of the jurisdictions that are parties to this agreement ("the Governing <br /> Board"). The representative shall be the Member's chief executive officer. The Member's <br /> representative may, from time to time, appoint in writing an alternate to attend, participate and <br /> vote at any meeting of the Governing Board. The alternate shall serve at the pleasure of and in <br /> the manner determined by the Member's representative. <br /> 2. Voting. Each Member shall have one (1) vote. An action must <br /> receive a majority of votes from Members present in order to be passed. Actions of the <br /> Governing Board shall be by motion or resolution. <br /> —2— <br />