HomeMy WebLinkAboutReso 2023-025 - First Amend to the Joint Excerise of powers with Modesto Irrigation DistrictRESOLUTION NO. 2023-025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE
JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN
THE CITY OF REDDING AND THE MODESTO IRRIGATION
DISTRICT
WHEREAS, pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code, the City of Redding ("City") entered into a Joint Exercise of Powers
Agreement ("Agreement") with the Modesto Irrigation District ("District") on July 1, 1989; and
WHEREAS, the Agreement created a joint exercise of powers entity entitled the
"Modesto Irrigation District Financing Authority;" and
WHEREAS, pursuant to Section 3 of the Agreement, the Agreement term has expired -
unless extended by written agreement between the City and the District; and
WHEREAS, the City and the District have agreed to extend the term of the Agreement;
and
WHEREAS, the First Amendment to the Agreement is attached hereto and incorporated
herein as Exhibit A to this Resolution.
NOW THEREFORE, the City Council of the City of Redding hereby finds, determines,
declares and resolves as follows:
Section 1. All of the recitals set forth above are true and correct, and the City Council
so finds and determines.
Section 2. That the City Council hereby approves the First Amendment to the
Agreement, attached as Exhibit "A."
Section 3. The City Council hereby authorizes and directs the City Manager or
his/her designee to take all such further actions, and to execute such additional documents, as are
necessary to implement the intent of this Resolution and the terms of the First Amendment of the
Agreement and the Joint Exercise of Powers Agreement.
Section 4. This Resolution shall take effect from and after its adoption and approval.
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I hereby certify that the foregoing resolution was introduced and adopted by the City Council of
the City of Redding at a regular meeting held on the 21st day of March, 2023, by the following
vote of the members thereof:
AYES:
COUNCIL MEMBERS: Audette, Mezzano, Munns, Winter
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
ABSTAIN:
COUNCIL MEMBERS: Dacquisto
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVAL:
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(--PA4MELA(}iMIZE, City Clerk BARRY E. DeWA ity Attorney
FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BY
AND BETWEEN MODESTO IRRIGATION DISTRICT AND THE CITY OF REDDING
THIS FIRST AMENDMENT THE JOINT EXERCISE OF POWERS AGREEMENT
BY AND BETWEEN MODESTO IRRIGATION DISTRICT AND THE CITY OF REDDING
("First Amendment") is entered into effective as of day of , 2023, by and
between the MODESTO IRRIGATION DISTRICT, an irrigation district duly organized and
existing in the State of California ("District"), and the CITY OF REDDING, a municipal
corporation duly organized and existing in the State of California ("City"), each individually
referred to as a "Party" and collectively as the "Parties."
RECITALS
A. On July 1, 1989, the Parties entered into a Joint Exercise of Powers Agreement
("Agreement"). Pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government
Code, the Parties created a joint exercise of powers entity entitled the "Modesto Irrigation
District Financing Authority" ("Authority"). The Authority has the power to jointly exercise any
powers common to the City and the District.
B. Pursuant to Section 3 of the Agreement, the Agreement term has expired - unless
extended by written agreement of the Parties.
C. The Parties agree to extend the term of the Agreement.
NOW THEREFORE, the Parties agree as follows:
1. The Recitals set forth above are true and correct and are hereby incorporated into
this First Amendment.
2. The Agreement shall be extended through August 1, 2040.
3. Except as expressly provided herein, the remaining provisions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first above written.
MODESTO IRRIGATION DISTRICT CITY OF REDDING
Name:
Title:
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006218.0007139
541965.1
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