Common use of Specific Enumeration of Powers Clause in Contracts

Specific Enumeration of Powers. Without limiting the generality of the powers conferred under Section 1 of this Article, the powers of CIWW include, but are not limited to, the power to do all of the following within the limitations provided by this Agreement: (a) To perform the functions of production, storage, delivery, and re-sale of wholesale water to, on behalf of, and as an essential governmental purpose of the Member Agencies; (b) To acquire drinking water for re-sale to its Member Agencies or to non-member public water supply systems, as defined in Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (c) To produce drinking water for sale to its Member Agencies and to non-member public water supply systems as defined in Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (d) To sell water on a wholesale basis to Member Agencies and to non-member public water supply systems, and to provide for the terms of such service by rule or by contract; (e) To establish, adopt and enforce rules and regulations governing its operation and provision of wholesale water service; (f) To establish rates and charges for wholesale water service, and reasonable penalties for any rates or charges that are delinquent. Rates and charges shall be non-discriminatory and imposed in accordance with Schedule VI-2 herein; (g) To plan for, acquire, construct and secure such Water Supply Facilities as it deems necessary or proper; (h) To operate and secure CIWW Water Supply Facilities for the benefit of Member Agencies; (i) To contract for, or provide and maintain, security to preserve and protect the CIWW Water Supply Facilities and properties owned or operated by CIWW, as the Board deems necessary to preserve and protect the peace, health, safety, and welfare of the public and the public water supply; (j) To contract with any public or private entity to acquire supplies of water for re- sale or to acquire Water Supply Facilities, and any other services as it may require; (k) To take any actions necessary or appropriate to secure or improve the quality and available quantity of source waters required for the provision of safe drinking water to its Member Agencies and otherwise to advance and promote regional and state-wide water resource management; (l) To do all things necessary and proper to operate as a regional water wholesale supplier; (m) To rent, lease, or purchase, or otherwise acquire any tangible personal property, real estate or services reasonably necessary to fulfill the purposes of this Agreement; (n) To approve its own budget, including approval and payment of its costs of operation and maintenance; (o) To make provision for its capital needs and requirements; (p) To contract for services or employ such staff as it deems necessary, or both; (q) To establish a system of accounting and budgeting, and a system for receiving and disbursing payments; (r) To insure its properties and its risks against loss; (s) To retain legal counsel, accountants, professional engineers, and other professional advisers needed in order to fulfill the purposes of this Agreement; (t) To establish Bylaws as provided by Section 12 of Article VIII; (u) To sue or be sued; (v) To enter into agreements, contracts or other arrangements for the financing of its operational and capital requirements, and joint projects hereunder, including the issuance of bonds or other debt; (w) To merge or consolidate with another entity; (x) To sell or dispose of any or all of its assets; (y) To apply for grants or other funding from state government, federal government, or non-governmental entities; (z) To exercise the powers generally possessed and exercised by Member Agencies under Iowa law, including necessary police powers, the power of eminent domain, and special assessment authority, to the fullest extent permitted by Iowa law, except to the extent expressly inconsistent with this Agreement; and (aa) To exercise any of the powers of Member Agencies delegated to CIWW to the maximum extent permitted under Chapter 28E, Iowa Code and all powers granted to entities under Chapter 28F, Iowa Code.

Specific Enumeration of Powers. Without limiting the generality of the powers conferred under Section 1 of this Article, the powers of CIWW include, but are not limited to, the power to do all of the following within the limitations provided by this Agreement: (a) To perform the functions of production, storage, delivery, and re-sale of wholesale water to, on behalf of, and as an essential governmental purpose of the Member Agencies; (b) To acquire drinking water for re-sale to its Member Agencies or to non-member public water supply systemscustomers, as defined in Iowa Code Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (cb) To produce drinking water for sale to its Member Agencies and to any non-member customer that is a public water supply systems supply, as defined in Iowa Code Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (dc) To sell water on a wholesale basis to Member Agencies and to non-member public water supply systemscustomers, and to provide for the terms of such service by rule or by contract; (ed) To establish, adopt and enforce establish rules and regulations governing its operation and provision of wholesale water service; (fe) To establish rates and charges for wholesale water service, and reasonable penalties for any rates or charges that are delinquent. Rates and charges shall be non-discriminatory and imposed in accordance with Schedule VI-2 herein; (gf) To plan for, acquire, or construct and secure such Water Supply Facilities as it deems necessary or proper; (h) To operate and secure CIWW Water Supply Facilities for the benefit of Member Agencies; (i) To contract for, or provide and maintain, security to preserve and protect the CIWW Water Supply Facilities and properties owned or operated by CIWW, as the Board deems necessary to preserve and protect the peace, health, safety, and welfare of the public and the public water supply; (jg) To contract with any public or private entity to acquire supplies of water for re- re-sale or to acquire Water Supply Facilities, and any other services as it may require; (kh) To take any actions necessary or appropriate to secure or improve the quality and available quantity of source waters required for the provision of safe drinking water to its Member Agencies and otherwise to advance and promote regional and state-state- wide water resource management; (li) To do all things necessary and proper to operate as a regional water wholesale suppliersupply utility; (mj) To rent, lease, or purchase, or otherwise acquire any tangible personal property, real estate or services reasonably necessary to fulfill the purposes of this Agreement; (nk) To approve its own budget, including approval and payment of its costs of operation and maintenance; (ol) To make provision for its capital needs and requirements; (pm) To contract for services or employ such staff as it deems necessary, or both; (qn) To establish a system of accounting and budgeting, and a system for receiving and disbursing payments; (ro) To insure its properties and its risks against loss; (sp) To retain legal counsel, accountants, professional engineers, accountants and other professional advisers needed in order to fulfill the purposes of this Agreement; (tq) To establish Bylaws as provided by Section 12 of Article VIII; (ur) To sue or be sued; (vs) To enter into agreements, contracts or other arrangements for the financing of its operational and capital requirements, and joint projects hereunder, including the issuance of bonds or other debt; (wt) To merge or consolidate with another entity; (xu) To sell or dispose of any or all of its assets; (yv) To apply for grants or other funding from state government, federal government, or non-governmental entities; (zw) To exercise the powers generally possessed and exercised by Member Agencies a city utility under Iowa law, including necessary police powers, the power of eminent domain, and special assessment authority, to the fullest extent permitted by Iowa law, except to the extent expressly inconsistent with this Agreement; and (aax) To exercise any of the powers of Member Agencies delegated to CIWW to the maximum extent permitted under Iowa Code Chapter 28E, Iowa Code and all powers granted to entities under Iowa Code Chapter 28F, Iowa Code.28F.

Specific Enumeration of Powers. Without limiting the generality of the powers conferred under Section 1 of this Article, the powers of CIWW include, but are not limited to, the power to do all of the following within the limitations provided by this Agreement: (a) To perform the functions of production, storage, delivery, sale, and re-sale of wholesale water to, on behalf of, and as an essential governmental purpose of the Member Agencies; (b) To acquire drinking water for re-sale to its Member Agencies or to non-member public water supply systems, as defined in Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (c) To produce drinking water for sale to its Member Agencies and to non-member public water supply systems as defined in Chapter 455B, Iowa Code, to the extent permitted by this Agreement; (d) To sell water on a wholesale basis to Member Agencies and to non-member public water supply systems, and to provide for the terms of such service by rule or by contract; (e) To establish, adopt and enforce rules and regulations governing its operation and provision of wholesale water service; (f) To establish rates and charges for wholesale water service, and reasonable penalties for any rates or charges that are delinquent. Rates and charges shall be non-non- discriminatory and imposed in accordance with Schedule VI-2 herein; (g) To plan for, acquire, construct and secure such Water Supply Facilities as it deems necessary or proper; (h) To operate and secure CIWW Water Supply Facilities for the benefit of Member Agencies; (i) To contract for, or provide and maintain, security to preserve and protect the CIWW Water Supply Facilities and properties owned or operated by CIWW, as the Board deems necessary to preserve and protect the peace, health, safety, and welfare of the public and the public water supply; (j) To contract with any public or private entity to acquire supplies of water for re- re-sale or to acquire Water Supply Facilities, and any other services as it may require; (k) To take any actions necessary or appropriate to secure or improve the quality and available quantity of source waters required for the provision of safe drinking water to its Member Agencies and otherwise to advance and promote regional and state-state- wide water resource management; (l) To do all things necessary and proper to operate as a regional water wholesale supplier; (m) To rent, lease, or purchase, or otherwise acquire any tangible personal property, real estate or services reasonably necessary to fulfill the purposes of this Agreement; (n) To approve its own budget, including approval and payment of its costs of operation and maintenance; (o) To make provision for its capital needs and requirements; (p) To contract for services or employ such staff as it deems necessary, or both; (q) To establish a system of accounting and budgeting, and a system for receiving and disbursing payments; (r) To insure its properties and its risks against loss; (s) To retain legal counsel, accountants, professional engineers, and other professional advisers needed in order to fulfill the purposes of this Agreement; (t) To establish Bylaws as provided by Section 12 13 of Article VIII; (u) To sue or be sued; (v) To enter into agreements, contracts or other arrangements for the financing of its operational and capital requirements, and joint projects hereunder, including the issuance of bonds or other debt; (w) To merge or consolidate with another entity; (x) To sell or dispose of any or all of its assets; (y) To apply for grants or other funding from state government, federal government, or non-governmental entities; (z) To exercise the powers generally possessed and exercised by Member Agencies under Iowa law, including necessary police powers, the power of eminent domain, and special assessment authority, to the fullest extent permitted by Iowa law, except to the extent expressly inconsistent with this Agreement; and (aa) To exercise any of the powers of Member Agencies delegated to CIWW to the maximum extent permitted under Chapter 28E, Iowa Code Code, and all powers granted to entities under Chapter 28F, Iowa Code.