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6.4 All Members. Equity Members and Non -Equity Members shall, during the term
<br />of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material,
<br />and Plant Material to the Facilities. With respect to the Uniform Franchise Agreement all Equity
<br />and Non -Equity Members shall have the right to participate in Board deliberations and
<br />negotiations and to vote on all matters, including rates, that are contained therein.
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<br />ARTICLE 7. POWERS
<br />7.1 SBWMA
<br />Powers. The SBWMA is authorized, but is in no way required, to act in
<br />its own name on any or all of the following matters, as each Member could act separately, and as
<br />it deems in the best interest of its Members, to the extent permitted by any and all applicable
<br />laws, codes, ordinances, resolutions and regulations:
<br />a.
<br />Acquire, construct, finance, refinance, operate, regulate, and maintain
<br />Facilities,
<br />b.
<br />Acquire, improve, hold, lease, and dispose of real and personal property of all
<br />types.
<br />c.
<br />Enter into agreements to operate Solid Waste, Recyclable Material, and Plant
<br />Material Transfer, Transport and Processing Facilities.
<br />d.
<br />Plan, study, and recommend proper and appropriate Solid Waste Recyclable
<br />Material and Plant Material Transfer, Transport and Processing management
<br />practices. Research and study issues related to Solid Waste Generation,
<br />Collection, Transfer, Processing, Diversion, and Disposal, including but not
<br />limited to source reduction, re -use, Recycling, and recovery.
<br />e.
<br />Resolve disputes between the public and any entities providing Solid Waste,
<br />Recycling Material, and Plant Material Transfer, Transportation and
<br />Processing services.
<br />f.
<br />Plan, design, and implement programs that address CIWMA transfer,
<br />processing and diversion, requirements.
<br />g.
<br />Educate the public as to Solid Waste, Diversion, and Recycling matters.
<br />h.
<br />Provide for or enter into agreements to provide for financial, engineering,
<br />legal, audit, and any other professional services supporting any of the
<br />SBWMA's programs including, but not limited to, Solid Waste, Recyclable
<br />Material, and Plant Material Transfer, Transport and Processing Facility
<br />operations and Disposal. Such agreements can be made with any Person,
<br />including any Member.
<br />i.
<br />Apply for, accept, and receive grants, gifts, donations, advances, and
<br />contributions.
<br />j.
<br />Hire agents and employees.
<br />k.
<br />Sue and be sued in its' own name.
<br />1.
<br />Incur and discharge debts, liabilities, and obligations.
<br />in.
<br />issue bonds or notes and associated covenants, for designated purposes,
<br />subject to the provisions and limitations of the California Government Code.
<br />n.
<br />Issue and receive loans.
<br />o.
<br />Establish rates and fees at Solid Waste, Recyclable Material, and Plant
<br />Material Transfer, Transport and Processing Facilities.
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