HomeMy WebLinkAboutReso. 1981 - 222 - Approving amendment no. 2 to joint powers agreement, M-S-R Public Power AgencyRESOLUTION NO. 8I -
A. RESOLUTION OF THE 'CITY .COUNCIL OF .THE CITY OF REDDING
APPROVING . AMENDMENT 'NO; • 2:70- JOINT POWERS ' AGREEMENT , -
M -.S -R PUBLIC POWER AGENCY.
• I WHEREAS, the M-S-R',Public Power Agency' was organized
under -that certain Joint Powers Agreement, dated April.29, 1980,.
between the Modes to'�..'Irri;gation District and'•''the Cities o`f San t'a. r
Clara -and Redding', and
WHEREAS,said .Joints Powers' 'Agreement' has..heretofore
been. amended on January, 5,,;.,19-8,1„ and
-WHEREAS, further amendment of said Joint Powers Agree—
ment "ha's now been recommended, and
('WHEREAS the ..City Council deems the proposed: amendments
t .
to be beneficial to M- S. -,R and; its members,
NOW,. THEREFORE, BE J -T.-. RESOLVED that the M -S -R Joint
Powers`Agree•ment is hereby amended -as set ,forth iri that. certain
�mendment.document attached hereto.
r
I .HEREBY CERTIFY that 'the 'foregoing Resolution,,.was intro
diked and :read., at .a' regular meeting . of the`: City „Council of .the City .
of.'.Reddingori the. 21st d.ay of September 1981, 'and: was -duly. -adopted
'.at said meeting by the .following vote:
AYES COUNCILMEN: -Demsher, Fulton, Gard, `Kirkpatrick,; and. Pugh
1.
NOES: COUNCILMEN-:. -None
ABSENT': COUNCILMEN: None
ATTEST:
�' �1REIIERrF-!PUGH ,
����;.'/%�, Mayos o�f the City of Redding:
ETHEL ' A. ,'RICHTER, City Clerk ,
FORM APPROVED:,,
RA. L ALA% 'HAYS, City Attorney "'�
AMENDMENT NO. 2 TO JOINT POWERS
AGREEMENT, M -S -R PUBLIC POWER AGENCY
The Joint Powers Agreement creating the M -S -P. Public
Power Agency, among Modesto Irrigation District, City of Santa
Clara, and City of Redding, dated April 29, 1980, i_s hereby
amended as follows:
1. Add the following to paragraph 3:
"This Agreement also authorizes the
joint exercise of the respective powers of
eminent domain of its members, for the
acquisition of property as a single parcel,
in order to carry out Projects undertaken
by the Agency, pursuant to Section 1420.140
of the Code of Civil Procedure."
2. Add the following to paragraph 5:
"With respect to any Project, a Project
Agreement may specify different percentages."
3. Add the following to paragraph 6:
"If any of the Agency's members does not
participate in a Project, as shown in the
Project Agreement, only the Commissioners
from the participating members shall be en-
titled to vote, and only their presence shall
be necessary for a quorum, and their agreement
necessary for action, as to matters affecting
such Project."
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4. Add the following after paragraph 13:
"13.A. In addition to the other powers
conferred on the Agency by this Agreement, the
Agency may issue and sell revenue bonds and
temporary notes, including renewal notes pay-
able from the revenues of M -S -R, unless paid
from the proceeds of said bonds, pursuant to
the provisions of Article 2 (commencing with
Section 6540), Chapter 5, Division 7, Title 1,
of the Government Code of the State of Cali-
fornia, in such amounts and for such purposes
as may be specified in any project agreement
entered into pursuant to Section 9 hereof, and
if and when such bonds are issued and sold the
obligations of the members of this Agency shall
be fixed by the terms of the Project Agreement
and the bond indenture, and the obligations of
of the members so assumed may npt be impaired
until and unless full provision is made for
the redemption of such bonds."
Dated this day of 1981.
MODESTO IRRIGATION DISTRICT
By
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•
ATTEST:
ETHEL A. RICHTER, City Cler
FORM APPROVED:
RANDALL A. HAYS, City Attorney
CITY OF SANTA CLARA
By
CITY OF REDDING
By
ARCHER F. PUGH, Mayor
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