Common use of Approved Powers Clause in Contracts

Approved Powers. To the full extent permitted by applicable law (including specifically the Act and the Government Code), the Authority is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers enumerated in the Act or that each Member could exercise separately including, without limitation, any and all of the following: (a) to sue and be sued in its own name; (b) to incur and discharge debts, liabilities and obligations; (c) to issue Revenue Bonds, notes, certificates of participation and incur other forms of indebtedness and make associated covenants from time to time, for designated purposes in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair, operation, regulation or maintenance of the Transfer Facility and/or related facilities; (d) to exercise the power of eminent domain for the acquisition of real and personal property for a Transfer Facility and access thereto or for the acquisition of a Transfer Facility itself; (e) to acquire, improve, hold, lease and dispose of real and personal property of all types; (f) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with a Transfer Facility, any other facility owned or operated by the Authority, and any other enterprise which the Authority is empowered by this Agreement to conduct, as well as any and all services and programs provided and/or implemented by the Authority, and to include in such rates and charges amounts necessary to carry out those purposes described in Section 3 of this Agreement; (g) to require the Members to use all best efforts to direct all Solid Waste and Designated Source Separated Material(s) generated within the Members' boundaries that are located within the Service Area to the Authority-specified Transfer Facility. To the extent legally permissible, Members shall: (1) Direct all Solid Waste collected by Members' franchised garbage collectors to the Transfer Facility. Members shall also direct all other Solid Waste generated by Members to the Transfer Facility; provided, however, this subsection shall not apply to recyclables nor to Solid Waste generated by Members outside the Service Area; and (2) Obtain and maintain Flow Control over Designated Source Separated Material(s); (h) to require Members to amend or revise any franchise collection agreement(s) at the earliest possible date, which shall not be later than the first renewal or extension date or the date of any amendment to such franchise agreement, to provide the Member with the right to direct all Solid Waste and Designated Source Separated Material(s) collected by the franchised hauler(s) to a Transfer Facility. Any Member currently not having the right to direct such materials under its franchise agreement(s) shall covenant to make such amendment in order to join the Authority; (i) to contract for the processing, transportation and/or disposal of Solid Waste and Designated Source Separated Material(s) delivered to a Transfer Facility; (j) to make and enter into contracts, including contracts with any Member or non- member entity, and to assume contracts made by any Member relating to the Transfer Facility; (k) to reimburse the Members for the costs of services provided to the Authority; (l) to hire agents and employees; (m) to employ or contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities; (n) to apply for and accept grants, advances and contributions; (o) to make plans and conduct studies; (p) to coordinate efforts with the established local, regional and state waste management agencies; (q) to make payments as necessary for closure and postclosure maintenance for the Landfill for the purposes set forth in Section 3.3 of this Agreement and, if the Landfill should become a Superfund site, to seek reimbursement for remediation costs from any person or entity (other than any Member) having a legal responsibility for such costs; and (r) to provide the financial assurances required by state and federal law for postclosure maintenance of the Landfill, including use of a Pledge Of Revenues based upon any or all of the revenue-producing enterprises owned and/or operated by the Authority.

Approved Powers. To the full extent permitted by applicable law (including specifically the Act ACTAct and the Government GOVERNMENT CODEGovernment Code), the Authority AUTHORITYAuthority is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers enumerated in the Act ACTAct or that each Member MEMBERMember could exercise separately including, without limitation, any and all of the following: (a) to sue and be sued in its own name; (b) to incur and discharge debts, liabilities and obligations; (c) to issue REVENUE BONDS, from time to time,Revenue Bonds, notes, certificates of participation and incur other forms of indebtedness and make associated covenants from time to time, for designated purposes in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair, operation, regulation or maintenance of the Transfer TRANSFER FACILITYTransfer Facility and/or related facilities; (d) to exercise the power of eminent domain for the acquisition of real and personal property for a the TRANSFER FACILITYa Transfer Facility and access thereto or for the acquisition of a the TRANSFER FACILITYa Transfer Facility itself; (e) to acquire, improve, hold, lease and dispose of real and personal property of all types; (f) to sell or lease the TRANSFER FACILITY, the LANDFILL property, or the related LANDFILL cover quarry property, if such are acquired by the AUTHORITY; (g) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with a the TRANSFER FACILITYa Transfer Facility, any other SOLID WASTE facility owned or operated by the AuthorityAUTHORITYAuthority, and any other enterprise which the Authority AUTHORITYAuthority is empowered by this Agreement to conduct, as well as any and all services and programs provided and/or implemented by the AuthorityAUTHORITYAuthority, and to include in such rates and charges amounts necessary to carry out those purposes described in Section 3 of this AgreementAGREEMENTAgreement; (g) to require the Members to use all best efforts to direct all Solid Waste and Designated Source Separated Material(s) generated within the Members' boundaries that are located within the Service Area to the Authority-specified Transfer Facility. To the extent legally permissible, Members shall: (1) Direct all Solid Waste collected by Members' franchised garbage collectors to the Transfer Facility. Members shall also direct all other Solid Waste generated by Members to the Transfer Facility; provided, however, this subsection shall not apply to recyclables nor to Solid Waste generated by Members outside the Service Area; and (2) Obtain and maintain Flow Control over Designated Source Separated Material(s); (h) to require Members to amend or revise any franchise collection agreement(s) at the earliest possible date, which shall not be later than the first renewal or extension date or the date of any amendment to such franchise agreement, to provide the Member with the right to direct all Solid Waste and Designated Source Separated Material(s) collected by the franchised hauler(s) to a Transfer Facility. Any Member currently not having the right to direct such materials under its franchise agreement(s) shall covenant to make such amendment in order to join the Authority; (i) to contract for the processing, transportation and/or disposal of Solid Waste and Designated Source Separated Material(s) delivered to a Transfer Facility; (j) to make and enter into contracts, including contracts with any Member or non- member entity, and to assume contracts made by any Member relating to the Transfer Facility; (k) to reimburse the Members for the costs of services provided to the Authority; (l) to hire agents and employees; (m) to employ or contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities; (n) to apply for and accept grants, advances and contributions; (o) to make plans and conduct studies; (p) to coordinate efforts with the established local, regional and state waste management agencies; (q) to make payments as necessary for closure and postclosure maintenance for the Landfill for the purposes set forth in Section 3.3 of this Agreement and, if the Landfill should become a Superfund site, to seek reimbursement for remediation costs from any person or entity (other than any Member) having a legal responsibility for such costs; and (r) to provide the financial assurances required by state and federal law for postclosure maintenance of the Landfill, including use of a Pledge Of Revenues based upon any or all of the revenue-producing enterprises owned and/or operated by the Authority.

Approved Powers. To the full extent permitted by applicable law (including specifically the Act ACT and the Government CodeGOVERNMENT CODE), the Authority AUTHORITY is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers enumerated in the Act ACT or that each Member MEMBER could exercise separately including, without limitation, any and all of the following: (a) to sue xxx and be sued in its own name; (b) to incur and discharge debts, liabilities and obligations; (c) to issue Revenue BondsREVENUE BONDS, notes, certificates of participation and incur other forms of indebtedness and make associated covenants from time to time, for designated purposes in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair, operation, regulation or maintenance of the Transfer Facility TRANSFER FACILITY and/or related facilities; (d) to exercise the power of eminent domain for the acquisition of real and personal property for a Transfer Facility the TRANSFER FACILITY and access thereto or for the acquisition of a Transfer Facility the TRANSFER FACILITY itself; (e) to acquire, improve, hold, lease and dispose of real and personal property of all types; (f) to sell or lease the TRANSFER FACILITY, the LANDFILL property, or the related LANDFILL cover quarry property; (g) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with a Transfer Facilitythe TRANSFER FACILITY, any other SOLID WASTE facility owned or operated by the AuthorityAUTHORITY, and any other enterprise which the Authority AUTHORITY is empowered by this Agreement AGREEMENT to conduct, as well as any and all services and programs provided and/or implemented by the AuthorityAUTHORITY, and to include in such rates and charges amounts necessary to carry out those purposes described in Section 3 of this AgreementAGREEMENT; (gh) to require that the Members to use all best efforts to MEMBERS direct all Solid Waste and Designated Source Separated Material(s) generated within of the Members' boundaries that are located within the Service Area to the Authority-specified Transfer Facility. To the extent legally permissible, Members shall: (1) Direct all Solid Waste SOLID WASTE collected by MembersMEMBERS' franchised garbage collectors to the Transfer Facility. Members shall also TRANSFER FACILITY; (i) to require that the MEMBERS direct all other Solid Waste SOLID WASTE generated by Members MEMBERS to the Transfer FacilityTRANSFER FACILITY; provided, however, this subsection shall not apply to recyclables nor to Solid Waste SOLID WASTE generated by Members MEMBERS outside the Service Area; and (2) Obtain and maintain Flow Control over Designated Source Separated Material(s)SERVICE AREA; (hj) to enforce the provisions of MEMBERS’ garbage collection agreements that require Members that all SOLID WASTE collected be delivered to amend the LANDFILL or revise any franchise collection agreement(s) at the earliest possible date, which shall not be later than the first renewal or extension date or the date of any amendment to such franchise agreement, to provide the Member with the right to direct all Solid Waste and Designated Source Separated Material(s) collected by the franchised hauler(s) to a Transfer Facility. Any Member currently not having the right to direct such materials under its franchise agreement(s) shall covenant to make such amendment in order to join the AuthorityTRANSFER FACILITY; (ik) to contract for the processing, transportation and/or disposal of Solid Waste and Designated Source Separated Material(s) SOLID WASTE delivered to a Transfer Facilitythe TRANSFER FACILITY; (jl) to make and enter into contracts, including contracts with any Member MEMBER or non- member entitynon-MEMBER, and to assume contracts made by any Member MEMBER relating to the Transfer FacilityTRANSFER FACILITY; (km) to reimburse the Members MEMBERS for the costs of services provided to the AuthorityAUTHORITY; (ln) to hire agents and employees; (mo) to employ or contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities; (np) to apply for and accept grants, advances and contributions; (oq) to make plans and conduct studies; (pr) to coordinate efforts with the established local, regional and state waste management agencies; (q) ; and to make payments as necessary for closure and postclosure post-closure maintenance for the Landfill LANDFILL for the purposes set forth in Section 3.3 of this Agreement AGREEMENT, and, if the Landfill LANDFILL should become a Superfund site, to seek reimbursement for remediation costs from any person or entity (other than any MemberMEMBER) having a legal responsibility for such costs; and (r) . to provide the financial assurances required by state and federal law for postclosure maintenance of the LandfillLANDFILL, including use of a Pledge Of Revenues PLEDGE OF REVENUES based upon any or all of the revenue-producing enterprises owned and/or operated by the AuthorityAUTHORITY.