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8.A. - Page 34
<br /> 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.
<br /> ARTICLE 7.POWERS
<br /> 71 SBWMA 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. Acquire, construct, finance, refinance, operate, regulate, and maintain
<br /> Facilities.
<br /> b. Acquire, improve, hold, lease, and dispose of real and personal property of all
<br /> types.
<br /> c. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant
<br /> Material Transfer, Transport and Processing Facilities.
<br /> d. 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. Resolve disputes between the public and any entities providing Solid Waste,
<br /> Recycling Material, and Plant Material Transfer, Transportation and
<br /> Processing services.
<br /> £ Plan, design, and implement programs that address CIWMA transfer,
<br /> processing and diversion requirements.
<br /> g. Educate the public as to Solid Waste, Diversion, and Recycling matters.
<br /> h. 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. Apply for, accept, and receive grants, gifts, donations, advances, and
<br /> contributions.
<br /> j. Hire agents and employees.
<br /> k Sue and be sued in its' own name.
<br /> 1. Incur and discharge debts, liabilities, and obligations.
<br /> m. Issue bonds or notes and associated covenants, for designated purposes,
<br /> subject to the provisions and limitations of the California Government Code.
<br /> n. Issue and receive loans.
<br /> o. Establish rates and fees at Solid Waste, Recyclable Material, and Plant
<br /> Material Transfer, Transport and Processing Facilities.
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