Powers of the Agency Clause Samples
The "Powers of the Agency" clause defines the specific authorities and actions that an agent is permitted to undertake on behalf of the principal. It typically outlines the scope of the agent's decision-making abilities, such as entering into contracts, managing assets, or representing the principal in negotiations. By clearly delineating these powers, the clause ensures both parties understand the agent's limits and responsibilities, thereby reducing the risk of unauthorized actions and potential disputes.
Powers of the Agency. 6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and
6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.
Powers of the Agency. To the extent authorized through the Board of Directors, and subject to the limitations set forth in this Agreement, the Agency shall have and may exercise any and all powers commonly held by the Members in pursuit of the Agency’s purposes, as described in Article 3.5, including but not limited to the power:
a. To exercise all powers granted to a GSA under SGMA;
b. To take any action for the benefit of the Members and Affiliated Parties necessary or proper to carry out the purposes of the Agency as provided in this Agreement and to exercise all other powers necessary and incidental to the exercise of the powers set forth herein;
c. To levy, impose and collect reasonable taxes, fees, charges, assessments and other levies to implement the GSP and/or SGMA;
d. To borrow funds and to apply for grants and loans for the funding of activities within the purposes of the Agency;
e. To adopt rules, regulations, policies, bylaws and procedures related to the purposes of the Agency;
f. To ▇▇▇ and be sued; and
g. To issue revenue bonds.
Powers of the Agency. 7.1 Agency shall have the powers provided for by law and is hereby authorized to do all acts necessary for the exercise of said powers, including, but not limited to, any or all of the following:
7.1.1 Contract or otherwise provide for risk management, claims administration and loss prevention services;
7.1.2 Contract or otherwise provide legal counsel for the defense of Claims and/or other legal services;
7.1.3 Consult with the Washington State Risk Manager and State Auditor;
7.1.4 Jointly purchase Insurance coverage in such form and amount as the organization's participants may by contract agree;
7.1.5 Incur debts, liabilities, or obligations;
7.1.6 Acquire, receive, hold, or dispose of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities;
7.1.7 ▇▇▇ and be sued in its own name;
7.1.8 Hire employees and agents; and
7.1.9 Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law.
7.2 Said powers shall be exercised to the terms hereof and in the manner provided by law.
Powers of the Agency. In order to carry out the purposes of the Agency set forth herein, the Agency shall have the following powers:
(a) to plan, finance, acquire, construct, purchase, operate, maintain, use, share cost of, own, lease, sell or dispose of any joint electric power supply project or projects and any and all facilities, including all equipment, structures, machinery, and tangible and intangible property, real and personal, for the joint generation or transmission of electrical energy, or both, including any fuel supply or source, within or without the State of Florida;
(b) to investigate the desirability of and necessity for additional sources and supplies of electrical energy and fuel of any kind for such purposes and transmission facilities therefore, and make studies, surveys and estimates as may be necessary to determine the feasibility and cost thereof;
(c) to cooperate with other persons or other entities, public or private, in the development of sources and supplies of electrical energy and fuel of any kind for such purposes and transmission facilities therefore, and give assistance financial or otherwise in any such development;
(d) to apply to any person or other entity, public or private, for consents, permits, authorizations or approvals required for any project undertaken in accordance with this Agreement and take all actions necessary to comply with the conditions thereof;
(e) to acquire, hold, use, and dispose of income, revenues, funds and money;
(f) to exercise all powers in connection with the authorization, issuance and sale of bonds and bond anticipation notes as are conferred by Section 163.01, Florida Statutes, as amended, and by such other applicable statutes as may hereafter be adopted;
(g) to invest money of the Agency not required for immediate use, including proceeds from the sale of any bonds, in such obligations, securities, and other investments as authorized by applicable law and any applicable provisions of any bond resolution or other instruments governing the fund or funds in which such money is deposited;
(h) to exercise the power to eminent domain;
(i) to enter into, on its own behalf or as agent for any one or more of the parties hereto, any contract or agreement necessary, appropriate or incidental to the effectuation of its lawful purposes and the exercise of the power granted herein, including, without limitation, contracts or agreements for the purchase, sale, prepayment, exchange, interchange, wheeling, pooling, transmission...
Powers of the Agency. A. This Agency shall have all of the powers common to Member Districts and all additional powers set forth in Section 6500, et seq. and Section 989, et seq. of the Government Code and other applicable law. The Agency is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including but not limited to any or all of the following:
1. To make and enter into contracts;
2. To incur debts, liabilities, and obligations;
3. To assess Member Districts for good cause as determined by the Board;
4. To acquire, hold, or dispose of property;
5. To receive contributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities;
6. To ▇▇▇ and be sued in its own name;
7. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law;
8. To determine all questions of policy relating to conditions of the Agency employment, disposition of the Agency personnel, and the records and books to be kept and maintained as specified in the Bylaws; and
9. To establish and maintain separate trust funds.
B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
Powers of the Agency. In addition to, and not in derogation of any power granted by statute, or otherwise, WTTC shall have the following powers to:
a. Employ personnel, perform administrative and fiscal activities, enter into and enforce contracts in its own name, purchase goods and services and provide administrative services, all as necessary or appropriate to perform the Mission of WTTC;
b. Designate, contract with or otherwise secure the services of, one or more local governments, for profit vendors, or private institutions to perform any or all of the services which WTTC could perform or which are necessary or appropriate to further the Mission of WTTC;
c. Apply for and receive grants and other funding from governmental and private sources on the same basis as other “local governmental entities” as defined in Government Code Subsections 791.003.(4), (A) and (B);
d. Oversee implementation of, and manage the Network; and
e. Perform such other duties and exercise such other powers as may be necessary or appropriate to further the Mission of WTTC.
Powers of the Agency. 4.1. The Agency shall have all of the powers common to the MEMBERS and all additional powers set forth in the joint powers of law of the State of California and is hereby expressly authorized to perform all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
a) To supervise and oversee the performance of transportation service operations;
b) To make and enter into contracts and expend revenues, leases and other agreements, including contracts with federal, state, and other governmental agencies;
c) To act on behalf of the MEMBERS to specify the level of service to be provided, the operating plan to implement the service, how the service is to be coordinated with the public transportation within the respective areas, and to act as claimant as defined in the Transportation Development Act;
d) To acquire, accept, and utilize sufficient revenues to retire debt and to fulfill the financial obligations of the Agency from any source including Transportation Development Act funds, State Transit Assistance Funds, Federal Transportation Act funds, and state or federal grants;
e) To incur debts, liabilities, and obligations, which do not constitute a debt, liability, or obligation of the MEMBERS;
f) To employ agents, employees, consultants, advisors, independent contractors, and other staff;
g) To acquire, hold, or dispose of property by eminent domain, lease, lease purchase, or sale;
h) To acquire, construct, manage, maintain, and operate any buildings, works, or improvements;
i) To sue and be sued in its own name, except that the Agency shall not sue its own Board of Directors;
j) To invest, in accordance with the provisions of Section 6509.5 of the Government Code, money in the treasury of the Agency that is not required for immediate necessities of the Agency;
k) To raise transportation fare revenues or adjust fares for transit services;
l) To pay expenses reasonably and necessarily incurred in the conduct of business, including travel expenses to attend meetings and conferences relating to the business of the Board to the extent budgeted; and
m) All other services which are necessary for the Agency to provide public transportation services.
Powers of the Agency. In addition to, and not in derogation of any other power granted by statute, or otherwise, EDNET Fiber Consortium shall have the following powers to:
a. Perform administrative and fiscal activities, enter into and enforce contracts in its own name, purchase goods and services and provide administrative services, all as necessary or appropriate to perform the Mission of EDNET Fiber Consortium;
b. Designate, contract with, or otherwise secure the services of one or more local governments to perform any or all of the services which EDNET Fiber Consortium could perform or which are necessary or appropriate to further the Mission of EDNET Fiber Consortium;
c. Apply for and receive grants and other funding from governmental and private sources on the same basis as other “local governments” as defined in Government Code §791.003(4);
d. Perform such other duties and exercise such other powers as may be necessary or appropriate to further the Mission of EDNET Fiber Consortium.
Powers of the Agency. The Authority shall have the power to exercise any power common to the parties to accomplish the purposes of this Agreement, including, but not limited to, the power to make and enter contracts, manage, maintain or operate any building, works or improvements, to acquire, hold or dispose of property, to insure against liability, to incur debts, liabilities or obligations and the power to ▇▇▇ and be sued in its own name. No debt, liability or obligation of the Agency shall be, or shall be deemed to be, a debt, liability or obligation of Willow, Redwood Valley, or Millview or their successors. Provided, however, that a party, or parties, to this Agreement may separately assume responsibility for specific debts, liabilities or obligations of the Agency. Pursuant to Section 6509 of the Joint Powers Law the powers of the Agency shall be exercised subject only to such restrictions upon the manner of exercising such powers as are imposed upon a county water district, including either Willow, Redwood Valley or Millview. Pursuant to Section 6502 of the Joint Powers Law, it shall not be necessary that any power common to the parties be exercisable by each party with respect to the geographical area in which such power is to be jointly exercised. The Authority shall hold any and all additional powers conferred under the Joint Powers Law, insofar as such additional powers may be necessary to accomplish the purposes set forth in the Agreement. The Agency shall have the power as a local agency to investigate, consider, adopt and implement a groundwater management plan pursuant to Division 6, Part 2.75, of the Government Code (Government Code §§ 10750-10783) and to establish programs for the management of groundwater resources and replenishment thereof pursuant to said Part 2.75, and to apply for grants pursuant to the Groundwater Management Assistance Act of 2000, (Government Code §§ 10795 et seq.). The Agency shall have the power to initiate or participate in investigations, studies, plans and design criteria for the construction of projects pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇ Ground Water Basin Protection Law, (Government Code §§ 12921 et seq.). The Agency shall have the power to prepare, adopt, update and implement Agricultural Water Management Plans pursuant to the Agricultural Water Management Planning Act, pursuant to Division 6, Part 2.8 of the Government Code, (Government Code §§ 10800 et seq.). The Agency as an agricultural water supplier shall have the power to provi...
Powers of the Agency. Paragraph 4 of the 2004 Order states that "…the Agency shall be the local planning authority in relation to the following kinds of development -
(a) development which comprises or includes the provision of 10 or more houses, flats or houses and flats
(b) development which comprises or includes 1,000 or more square metres of floorspace for use falling within any or all of the following Classes in the Town and Country Planning (Use Classes) Order 1987 -
(i) class A1 (retail)
(ii) class A2 (financial and professional)
(iii) class A3 (food and drink)
(iv) class B1 (business)
(v) class B2 (general industrial)
(vi) class B8 (storage and distribution)
(c) development which occupies 1 hectare or more of land; and
(d) development which is not of a kind specified in sub-paragraph (a) , (b) or (c) but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in a designated area"