RES 18-996 - Laserfiche WebLink

G. Powers Expressly Reserved to the Parties. The Parties expressly reserve the power, and the Authority shall not have the power, to: (1) Exercise the power of eminent domain; _ (2) Impose taxes, assessments, fees, or charges; (3) Impose, levy, collect, or cause to be collected, or to receive and use, any impact or development fees on new residential, commercial, and industrial development; (4) Form one or more special assessment districts under any legal authority that exists now or in the future, including, without limitation, the Improvement Act of 1911 (Streets and Highways Code section 5000 et seq.), the Municipal Improvement Act of 1913 (Streets and Highways Code section 10000 et seq.), the Improvement Bond Act of 1915 (Streets and Highways Code section 8500 et seq.), and the Marks-Roos Local Bond Pooling Act of 1985 (Government Code section 6584 et seq.); (5) Form one or more special tax districts under the Mello-Roos Community Facilities District.Act of 1982 (Government Code section 53311 et seq.) or any other authority that may exist now or in the future; (6) Issue bonds; and (7) , Lease real property for purposes of debt financing. The Parties expressly reserve, the power to exercise- any of the above-listed powers on behalf of the Authority, and expressly reserve all of their individual rights and powers to provide Fire Protection Services separately within their respective jurisdictional boundaries. H. Restriction on the Manner Powers are Exercised. Pursuant to Section 6509 of the Act, Pleasanton is the party designated; for determining the restrictions on the Authority's manner of exercise of its powers. I. Debts, Liabilities, and Obligations. Pursuant to Section 6508.1 of the Act, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of Livermore or'Pleasanton, either jointly or severally without the prior approval of the City Councils for Livermore and Pleasanton. Except, however, liability for pension obligations- and past employment retirement benefits for personnel assigned to the Authority by Pleasanton shall be shared by Livermore and Pleasanton, as detailed in a separate agreement adopted by the respective City Councils for Livermore and Pleasanton and revised from time to time , AMENDED AND RESTATED AGREEMENT FO,R THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY Page 7.