HomeMy WebLinkAboutReso 1990-188 - Authorizing the mayor to sign amendment No. 1 to the amended and restated joiunt exercise of powers agreement {
411 411
RESOLUTION NO. 90/8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. 1
TO THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT OF THE M-S-R PUBLIC POWER AGENCY BY AND AMONG
MODESTO IRRIGATION DISTRICT, THE CITY OF SANTA CLARA, AND
THE CITY OF REDDING.
WHEREAS, the City of Redding entered into a "Joint Exercise
of Powers Agreement" of the M-S-R Public Power Agency, first made
the 29th day of April, 1980 , and amended, restated, and dated for
convenience as of the 17th day of November, 1982 ; and
WHEREAS, attached is a proposed Amendment No. 1 to the
Amended and Restated Joint Exercise of Powers Agreement, which,
if executed by the members of M-S-R, will clarify that M-S-R may
enter into purchased power contracts; and
WHEREAS, Council' s approval of the proposed Amendment will
not obligate Redding to participate in any purchased power
contract until both M-S-R and the Redding City Council have
approved a particular purchased power contract which may be
negotiated from time-to-time by M-S-R; and
WHEREAS, it is the recommendation of staff that the City
Council approved the proposed Amendment No. 1 ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redding as follows:
1 . That the City Council of the City of Redding hereby
approves the attached Amendment No. 1 to the Amended and Restated
M-S-R Joint Exercise of Powers Agreement.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Amendment No. 1 on behalf of
the City of Redding, and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding.
pr
•
3 . That a true copy of Amendment No. 1 referred to herein
is attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 1st day of May , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Arness, Dahl , Fulton, Moss , & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
— >' /
/1*-.;>/:?-7,_ ;,/..,.' ,.!,/(///- 4/ --j
NANCY B�FUM, M y,or
'City o€ Redding/-
ATTEST: , ,/� f
��C,�,k.LC/��L ZQJ
ETHEL A. NICHOLS , City Clerk
FO APPROVED:
ii-iM g/e ----
RA. DALL A. HAYS, ity Attorney
-2-
110 411
AMENDMENT NUMBER 1
TO THE AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
OF THE M-S-R PUBLIC POWER AGENCY
BY AND AMONG MODESTO IRRIGATION DISTRICT
AND THE CITY OF SANTA CLARA
AND THE CITY OF REDDING
This Amendment made this day of , 1990 to the
Joint Exercise of Powers Agreement of the M-S-R Public Power
Agency, an agency duly organized pursuant to Article 1 of Chapter
5 of division 7 of Title 1 of the California Government Code of
the State of California (hereinafter "M-S-R" ) , first made the
29th day of April 1980 and amended, restated and dated for
convenience as of the 17th day of November 1982, by and among
MODESTO IRRIGATION DISTRICT, an irrigation district organized
under the laws of the State of California (hereinafter
"Modesto") , the CITY OF SANTA CLARA, a municipal corporation
organized under a charter duly adopted pursuant to the provisions
of the Constitution of the State of California (hereinafter
"Santa Clara" ) , and the CITY OF REDDING, a municipal corporation
organized under the laws of the State of California (hereinafter
"Redding" ) ;
WITNESSETH:
WHEREAS, Modesto, Santa Clara, and Redding are each
empowered by law to acquire, construct, maintain and operate real
and personal property and control the same, and in connection
therewith to acquire, construct, maintain and operate facilities
for the generation and transmission of electrical energy; and
WHEREAS, Modesto, Santa Clara and Redding have heretofore
created a joint exercise of powers agency to exercise those
powers in common; and
WHEREAS, Modesto, Santa Clara, and Redding desire to clarify
the powers of the Agency to conduct the acquisition and
disposition of capacity and/or energy;
NOW, THEREFORE, Modesto, Santa Clara and Redding do agree as
follows:
SECTION 5 of the joint exercise of powers agency agreement
shall be amended by the addition of the following sentence at the
end of SECTION 5.2:
The Agency shall also have the power, for or on behalf of
the Members, to execute contracts for the purchase, sale,
exchange or other acquisition or disposition of electric capacity
and energy.
IN WITNESS WHEREOF, the parties hereto have caused the
Agreement to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be hereto
affixed, as of the day and year first above written.
MODESTO IRRIGATION DISTRICT
BY
President of the Board of
Directors
(SEAL) Attest:
Secretary of the Board of
Directors
Approved as to form:
District Counsel
2
r
111 410
CITY OF SANTA CLARA
BY
Mayor
BY
City Manager
[SEAL] Attest:
City Clerk
Approved as to form:
City Attorney
CITY OF REDDING
BY
Mayor
[Seal ] Attest:
City Clerk
Approved as to form:
City Attorney
3