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HomeMy WebLinkAboutCC RESO 9444RESOLUTION ND. 9444 RESOLUTION MODIFYING PARAGRAPH 3 OF THE JOINT POWERS AGREEMENT - COMPREHENSIVE PLANNING ORGANIZATION WHEREAS, a joint powers agreement entitled "Joint Powers Agreement --Comprehensive Planning Organization" was executed in 1966 by the City of Carlsbad, City of Chula Vista, City of Coronado, City of Del Mar, City of El Cajon, City of Escondido, City of Imperial Beach, City of La Mesa, City of National City, City of San Diego, City of San Marcos, City of Vista and the County of San Diego; and WHEREAS, the City of Oceanside has requested that paragraph 3 of said agreement be modified as hereinafter set forth to more clearly express the intent of the parties; and WHEREAS, the San Diego County Comprehensive Plan- ning Organization Policy Committee has by resolution requested that each party to said joint powers agreement adopt a reso- lution modifying said paragraph 3 as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that paragraph 3 of the afore- mentioned joint powers agreement be and is hereby modified to read as follows: "3. The parties to this Agreement (hereinafter referred to as "agencies") will give full cooperation, sub- ject to their legal capability to delegate authority, and agree to assign representatives to serve as official members of said Comprehensive Planning Organization, or any sub- committees thereof, who shall act for an on behalf of said agencies in any and all matters which may come before said Organization. "Such representatives shall have no authority to bind the agency or governing body of the agency he represents if the subject matter being acted upon requires the majority vote of such governing body, unless such governing body has expressly authorized the representative to bind such agency. "Neither the Comprehensive Planning Organization nor a majority of the members thereof shall have the auth- ority to impose any plan, duty, obligation or other thing upon any agency member thereof without the consent of such agency; further, no agency shall be required to do anything it does not specifically agree to do. "The Comprehensive Planning Organization may not incur a debt for which any agency would be liable without the prior approval of such agency. "Any action of the Comprehensive Planning Organiza- tion in adopting any overall planning concept or a segment or element of such plan shall not bind any agency member; rather, such action shall only bind an agency when its legis- lative body has expressly approved the action of the Compre- hensive Planning Organization." BE IT FURTHER RESOLVED that this resolution shall take effect at such time as the governing bodies of all parties to said joint powers agreement have adopted resolu- tions in substantially the same form as this resolution modi- fyina said paragraph 3 as hereinabove set forth. PASSED AND ADOPTED this 12th 1967. ATTEST: CITY CLERK / day of September,