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{4) To acquire and maintain insurance of all types;
<br />(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 enviranmen#al 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 loco! land use and zoning regulations; and (ii) for new buildings,
<br />facilities or communications improvemen#s 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 abligaftons, 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, eitherjointly 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 ar 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 />Joint Exercise of Powers Agreement for the
<br />East Bay Regional Communications System Authorfry
<br />Final Agreement: May 22, 2007
<br />Page 3 of 11
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