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(4) Budget The Board shall adopt a budget no later than one hundred twenty (120) days <br />after the first meeting of the Board and no labr than June 30th of each year thereafbr. <br />(5} Contributions. Nrtthin 90 days of execution of this Agreement, the Board wiH establish <br />by two-thuds (213) vole of itte Board the amount ofstart-up funds to be contributed fio the <br />Authority by each Member. Additional contributions shall be specified in the Funding Plan <br />th be adopted by fiMO-thirds (213) vote of the Board, in accordance with Section 5.d. and <br />Section 7.a. <br />(ti) Fiscal Year. The fiscal year of the Authority shall be the period from July 1st of each <br />year ~ and utduding the togowing June 30th. <br />7. Voting. Each member of the Board shall have one vote. The Board may take action by the <br />affurnative vote of the majorfiy of the entire Board. However, the following anions may only be taken with <br />the affirmative vote of at least sixteen (16) Directors. <br />a. Establishstart-up conhitwtions from Members, as refer~ced in Section 6.d.(5) of this <br />Agreement and adopt a Funding Plan, as referertcred in Sections 6.d.(5) and 5.d.; <br />b. Levy and coNect, or cause m be odlec~ed, communication impact fees on new residential, <br />commercial, and indt development, as auiftai~ed by local, state, and federal law; <br />c. Forrn a speaal assessment district under any (egg authority that exists now or in the <br />future, inducting, wiUaut limitation, the irnproverrtertt Act of 1911 (Streets & Highways Code <br />Section 5000 et seq.), the Murtidpal Improvement Act of 1913 (Streets ~ Hghways Code <br />Section 10000 et seq.), and the Improvement Bond Act of 1915 (Streets & Highways Code <br />Section 8500 et seq.), as authorised by local, stale, and federal law; <br />d. Form a spedal tax dishict t~tder the Mello-Roos Corrtrrxmity Fac~+ties District Ad of 1982 <br />(Government Code Section 53311 et seq.) or any other authority that may Mast now or in <br />the futon;; <br />e. Cause taxes, assessments, fees or charges to be levied as authot~ed by local, stab, and <br />federal law, and in a manner tp accomplish the purposes of the Authority; <br />f. Issue bona or other forms of debt; and <br />g. E~aerrise the power of eminent domain. <br />8. Reserved. <br />9. Indemnification. The Aufhorihr shall acquire such insurance protection as is necessary tp <br />protect the interest of the Authority and its Members. The Authority shall assume the defense of and <br />indemnittr and save harmless the Members and their govemutg bodies, officers, agents, and <br />employees from all dakns, losses, damages, costs, injury, and liability of every kind, nature, and <br />description diret~ly or indirectly arising from the perfomoance of any of the adivifies of the Authority or <br />the activities undertaken pursuant to this Agreement. <br />Jdnt Exerr9se or Powers Agreement tot the <br />Fast Bay Regbnal Communications System Authorfly 8 of 11 <br />Flnal Agreement: May 22, ZOdT ~ <br />