Resolution No. 1440RESOLUTION NO. 1440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO AN AMENDMENT OF THE SAN GABRIEL VALLEY
MUNICIPAL DATA SYSTEM JOINT POWERS AGREEMENT,
WHEREAS, the City of Cypress is a signatory to that certain Joint Powers
Agreement creating the San Gabriel Valley Municipal Data System (hereinafter
"MDS"); and
WHEREAS, Paragraph 6 of said Agreement, in part, specifically provides
that MDS shall not have the power of eminent domain or the power to levy
taxes; and
WHEREAS, special tax counsel has heretofore indicated that said express
provisions of said Joint Powers Agreement must necessarily be modified for
MDS to qualify as a public agency for purposes of entering into purchase
agreements; and
WHEREAS, said Joint Powers Agreement provides that said Agreement
may not be amended except by written agreement of all the then parties
to it.
NOW, THEREFORE, BE IT RESOLVED that the City of Cypress does hereby
give its written agreement, effective upon execution of like agreements by
all other MDS member agencies, that Paragraph 6 of said Joint Powers Agreement
be and is hereby amended by the replacement therein of the sentence reading
"MDS shall not have the power of eminent domain or the power to levy taxes",
by the sentences reading "MDS shall have the power of eminent domain which
power shall not be exercised except with the unanimous consent of all member
agencies. MDS shall not have the power of taxation".
The City Clerk shall certify to the adoption of this Resolution and
shall forthwith transmit a copy hereof to MDS.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 25th day of February, 1974.
ATTEST:
0
, 474AV,
CITY CLERK OF E CITY,OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MA '„'-"1/ AV/ //
OR OF rRE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 25th day of February, 1974, by the following roll call vote:
AYES: 2 COUNCILMEN: Frankiewich and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Kanel and Lacayo
ABSTAINED: 1 COUNCILMAN: Harvey
CITY CLERK OF THE CITY OF CYPRESS