POWERS OF THE AUTHORITY Clause Samples
The "Powers of the Authority" clause defines the specific rights and abilities granted to a governing body or regulatory authority under an agreement or statute. Typically, this clause outlines the scope of actions the authority can take, such as issuing directives, enforcing compliance, conducting investigations, or imposing penalties. For example, it may allow the authority to approve or reject applications, monitor ongoing activities, or intervene in cases of non-compliance. The core function of this clause is to clearly delineate the extent of the authority's control and responsibilities, ensuring all parties understand the boundaries and mechanisms of oversight or regulation.
POWERS OF THE AUTHORITY. 8.1. The Authority has the following general powers, which are granted to the Governing Board unless otherwise expressly provided for in this Agreement:
8.1.1. Develop, adopt, and implement a Master Plan consistent with the powers of the Authority and consistent with the terms and conditions stated in this Agreement.
8.1.2. Develop an annual revenue and expense budget for each fiscal year sufficient for the operation of the Authority.
8.1.3. Establish such rates, fees, and other charges and revenue sources allowed by law, including, without limitation, special assessments and tipping fees, to sufficiently fund and operate the System, which rates, fees, and other charges must be applied uniformly to each Party and will be set at no higher an amount than is reasonably required to accomplish the authorized purposes of the Authority (including all appropriate reserves). Notwithstanding the foregoing, the Authority may establish different rates, fees, or other charges for Parties that join the Authority after the Effective Date and may provide reasonable credits against any such rates, fees, or other charges for Parties that have made extraordinary contributions of funds, real property, other assets, services, or in- kind contributions to the Authority.
8.1.4. Provide for the processing of Recyclable Materials and Recovered Materials generated in each Party’s jurisdiction.
8.1.5. Develop, implement, operate, and manage facilities and programs concerning the processing of Recyclable Materials and Recovered Materials and make same available to each Party on uniform terms. Nothing herein will prevent any Party from developing, implementing, operating, or managing programs concerning the processing of Recyclable Materials or Recovered Materials that do not conflict with the minimum standards set by the Authority. Notwithstanding the foregoing, the Authority may establish different terms for Parties that join the Authority after the Effective Date.
8.1.6. Set minimum standards for System Waste segregation or source separation programs at the point of generation or collection.
8.1.7. Operate services for the collection and transportation of System Waste or other types of waste identified in the Master Plan for collection or transport and, if the Authority chooses to operate such services, make said optional services available to each Party.
8.1.8. To the extent permissible under applicable law and provided it does not interfere with County’s ability to fulfill its st...
POWERS OF THE AUTHORITY. The Authority shall have all of the powers common to General Law counties in California and all additional powers set forth in the Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (beginning with Section 6500), and is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
(a) To make and enter into contracts.
(b) To incur debts, liabilities, and obligations.
(c) To acquire, hold, or dispose of property, contributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities.
(d) To sue and be sued in its own name, and to settle any claim against it.
(e) To receive and use contributions and advances from Members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment, or property.
(f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5.
(g) To carry out all provisions of this Agreement.
(h) To define fiscal and Program participation and withdrawal provisions of
(i) Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.
POWERS OF THE AUTHORITY a. The Authority shall have all of the necessary powers and authorities granted by law to exercise the common powers of its members in providing wildfire suppression, protection, prevention and related and incidental services, with members retaining all powers.
b. The Authority shall have all of the necessary powers to evaluate structures and defensible space and provide structural fire protection advice to enhance compliance of parcels of land and buildings meeting local fire and building codes, as well the power to create neighborhood and public education programs to reduce wildfire vulnerability and improve neighborhood preparedness.
c. The Authority may contract with private companies and public agencies to create, implement and operate the Authority to provide wildfire protection and prevention, as well as to ensure buildings meet fire and building codes.
d. The Authority may make and enter into contracts; adopt budgets; employ and retain agents and personnel; retain legal counsel; retain consultants and engineers; acquire grants; acquire, hold, lease and dispose of real and personal property; accept donations; ▇▇▇ and be sued; and possess and exercise all other powers common to the Members. The intent of this provision is to allow the Authority flexibility in making fiscally sound staffing decisions.
e. The Authority may incur debt and issue bonds or any like instruments of no more than 10% of its annual budget in order to efficiently provide the service enumerated herein in compliance with the pertinent sections of the Government Code of the State of California. Specifically, the Authority can incur debt in its own name under any law authorizing a joint power authority to do so, including Government Code Section 6540 et seq., and the ▇▇▇▇▇-▇▇▇▇ Local Bond Pooling Act of 1985, and Government Code Section 6584 et seq.
f. The Authority may authorize taxes pursuant to Government Code Sections 50075 et seq., 53978, or any successor statutes as approved by voters in an election held in March 2020. No subsequent taxes or fees may be raised by the Authority without approval of Members.
g. The Authority may exercise the powers permitted pursuant to Government Code Section 6504 or any successor statute. Pursuant to Government Code Section 6509.5, the Authority is entitled to invest any money in the treasury that is not required for the immediate necessities of the Authority.
h. The Authority may do all things necessary and lawful to carry out the purpose of t...
POWERS OF THE AUTHORITY. The Authority shall have all of the powers common to General Law counties in California, such as Alpine County and all additional powers set forth in the joint powers law, and is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
(a) To make and enter into contracts.
(b) To incur debts, liabilities, and obligations.
(c) To acquire, hold, or dispose of property, contributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities.
(d) To sue and be sued in its own name, and to settle any claim against it.
(e) To receive and use contributions and advances from members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment, or property.
(f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5.
(g) To carry out all provisions of this Agreement. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.
POWERS OF THE AUTHORITY. The powers of the Authority shall be the powers enjoyed by the County of Nevada or, if the County of Nevada is no longer a Party to this Agreement then, the County of Siskiyou, and is authorized to do all acts necessary to fulfill the purposes of this Agreement including, but not limited to, the following:
1. Make and enter into contracts;
2. Incur debts, liabilities and obligations, but no debt, liability or obligation of the Authority is the debt, liability or obligation of any Party except as otherwise provided;
3. Acquire, hold or dispose of real and personal property;
4. Receive contributions and donations of property, funds, services and other forms of assistance from any source;
5. Assess Parties as deemed appropriate by the Board;
6. ▇▇▇ and be sued in its own name;
7. Acquire, construct, manage and maintain buildings; and
8. Lease real or personal property including property of a Party, and receive, collect, invest and disburse monies. These powers shall be executed in a manner provided by appropriate law and as set forth in this Agreement.
POWERS OF THE AUTHORITY. To the extent authorized by the Members through the Board of Directors, and subject to the limitations set forth in this Agreement, the Authority shall have and may exercise any and all powers commonly held by the Members and any and all additional powers granted by SGMA, as set forth in Water Code Part 2.74, Chapter 5, section 10725, et seq. The powers of the Authority shall be coextensive with the authorities granted by SGMA, as it may be amended from time to time. Amendments to SGMA by the California Legislature, and the resulting modification powers of the Authority, shall not constitute an amendment of this Agreement. SGMA authorities, as they exist on the effective date of this Agreement, are attached hereto as Exhibit D.
POWERS OF THE AUTHORITY. 8.1. The Authority has the following general powers, which are granted to the Governing Board unless otherwise expressly provided for in this Agreement:
8.1.1. Develop, adopt, and implement a Master Plan consistent with the powers of the Authority and consistent with the terms and conditions stated in this Agreement.
8.1.2. Develop an annual revenue and expense budget for each fiscal year sufficient for the operation of the Authority.
8.1.3. Establish such rates, fees, and other charges and revenue sources allowed by law, including, without limitation, special assessments and tipping fees, to sufficiently fund and operate the System, which rates, fees, and other charges must be applied uniformly to each Party and will be set at no higher an amount than is reasonably required to accomplish the authorized purposes of the Authority (including all appropriate reserves). Notwithstanding the foregoing, the Authority may establish different rates, fees, or other charges for Parties that join the Authority after the Effective Date and may provide reasonable credits against any such rates, fees, or other charges for Parties that have made extraordinary contributions of funds, real property, other assets, services, or in- kind contributions to the Authority.
POWERS OF THE AUTHORITY. The Authority, through its Board of Directors, is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement referred to in Article II including, but not limited to, each of the following:
1. Make and enter into contracts, including but not limited to revision to the Risk Coverage Agreement and Memorandum of Coverage;
2. Incur debts, liabilities, and obligations; but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member Entity;
3. Acquire, hold, or dispose of real and personal property;
4. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
5. ▇▇▇ and be sued in its own name;
6. Employ agents and employees;
7. Acquire, construct, manage, and maintain buildings;
8. Lease real or personal property, including that of a Member Entity;
9. Receive, collect, invest, and disburse monies;
10. Issue revenue bonds or other forms of indebtedness, as provided under Government Code Sections 6500, et. seq.; and
11. Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.
12. Hire attorneys, accountants, auditors and other professionals. These powers shall be exercised in the manner provided by applicable law and as expressly set forth in this Agreement.
POWERS OF THE AUTHORITY a. The Authority shall have all the necessary powers and authorities granted by law to exercise the common power to authorize taxes pursuant to Government Code Sections 50075 et seq., 53978, or any successor statutes, as approved by voters in a special election held in June 2021. No subsequent taxes or fees may be raised by the Authority without approval of Members.
b. As necessary to carry out the authority in Section 5(a), the Authority may make and enter into contracts; incur debts, liabilities and obligations; adopt budgets; employ and retain agents and personnel; retain legal counsel; retain consultants and engineers; acquire grants; acquire, hold, lease and dispose of real and personal property; accept donations; ▇▇▇ and be sued; and possess and exercise all other powers common to the Members. The intent of this provision is to allow the Authority flexibility in making fiscally sound staffing decisions.
c. The Authority may exercise the powers permitted pursuant to Government Code section 6504 or any successor statute. Pursuant to Government Code Section 6509.5, the Authority is entitled to invest any money in the treasury that is not required for the immediate necessities of the Authority.
d. The Authority may do all things necessary and lawful to carry out the purpose of this Agreement.
e. As required by Government Code Section 6509, one Member must be designated such that the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by that Member. The County of Tuolumne is designated as the Government Code Section 6509 public entity.
POWERS OF THE AUTHORITY. The Authority shall have all the powers common to its participating Agencies and all additional powers set forth in the Joint Powers Authority Act relating to the creation, establishment, financing, use, operation, and administration of health and welfare benefit programs for the benefit of existing and retired officers, employees, and members of the legislative body of participating member Agencies. This Joint Powers Authority hereby is authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents and employees and/or to contract for services from third party consultants;
(c) to incur debts, liabilities and obligations;
(d) to acquire property by gift, ▇▇▇▇▇, exchange, devise, or purchase;
(e) to hold, lease, convey, sell, encumber, or dispose of property;
(f) to sue and to be sued in its own name;
(g) to receive contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and other governmental entities;
(h) to issue or caused to be issue bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted by law by Articles 2 and 4, Chapter 5, Division 7, Title 1 of the Government Code or otherwise including, but not limited to, bonds or other evidences of indebtedness issued on behalf of the Authority or its member Agencies;
(i) obtain in its own name all necessary permits, licenses, opinions and rulings;
(j) whenever necessary to facilitate the exercise of its powers, to form and administer nonprofit corporations to perform one or more of the functions which the Authority is empowered to perform, or to perform any other proper corporate function, and to enter into agreements with such nonprofit corporations;
(k) exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.