HomeMy WebLinkAbout1980-11-18; City Council; Resolution 637227
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RESOLUTION NO. 6372
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE SAN MARCOS COUNTY WATER DISTRICT
FOR THE ASSIGNMENT OF THE AGREEMENT
BETWEEN THE ENCINITAS SANITARY DISTRICT
AND THE CITY OF CARLSBAD FOR INTERIM
TREATMENT AND DISPOSAL OF SEWAGE AND
WASTEWATER, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain Agreement between the City of Carlsbad
and the San Marcos County Water District for the assignment of
the agreement between the Encinitas Sanitary District and the
City of Carlsbad for interim treatment and disposal of sewage
and wastewater, a copy of which is attached hereto marked
Exhibit A and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
-day of Nnvp,,-,hpp , 1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
ATTEST :
~ (SEAL)
EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6372 0
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE SAN MARCOS COUNTY WATER DISTRICT FOR THE
ASSIGNMENT OF THE AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER
THIS AGREEMENT is made and entered into to be effective
January 1, 1981, by and between the SAN MARCOS COUNTY WATER
DISTRICT ("San Marcos") and the CITY
RECITALS
OF CARLSBAD ("Carlsbad") .
1, Encinitas and Carlsbad have entered into an agreement
for the interim treatment and disposal of sewage and wastewater
("the Agreement"), a copy of which is attached hereto and made
a part hereof.
2. Carlsbad has not utilized the leased capacity provided
by the Agreement and is not in a position to do so prior to the
September 30, 1982 expiration date when the capacity must be
returned to Encinitas,
3. San Marcos has a need for additional wastewater treat-
ment capacity and wishes to acquire all of Carlsbad's rights
and assume all of Carlsbadps obligations under the agreement,
NOW, THEREFORE, in consideration of the mutual covenants
and conditions herein contained, the parties agree as follows:
1. Carlsbad hereby assigns to San Marcos all of Carlsbad's
rights under the Agreement,
2. San Marcos agrees to assume all of Carlsbad's obli-
c
gations to Encinitas under the Agreement, including but not
limited to:
A. The obligation to
to commence with the payment due
B. The obligation to
to Encinitas.
make the quarterly payment
January 1, 1981; and
return the leased capacity
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
ATTEST :
City Clerk H
SAN MARCOS COUNTY WATER DISTRICT
President
Secretary
CITY OF CARLSBAD
The Encinitas Sanitary District consents to the assignment
of Carlsbad's rights and obligations under the Agreement to San
Marcos e
ENCINITAS SANITARY DISTRICT
President
VI~CENT 9'. BV i I
~ - -- ----. City Attorney ..
yhis Agreement is made and entered into ts be effective October
1, 1977, by and between / the ENCINITAS SAEITARY DISTRICT
a sanitary district, and the CITY OF CARLSI3AD ("Carlsbad"), a
municipal corporation.
1.
* RECXTALS:
Enchitas has wastewater treatment capacity in the Encir,a
b'later Pollution Contxof Fzcifity ("Encina") . A portion of this
t.rastewater treatme?t capacity 2s temporarily available for lease
sooner terminated as set forth below in Paragraph (2.). - ..
2,: Encha 2s presently in the process of enlarging its wiistc-
wat.er treatment facility. It is conteinpfated -by the paxties to-
this Agreement that said enlargement will be completed within
2.
sixty (60) months. &?? 3
3. - Carlsbad acknowledges thdt the future ceeds of Encinitas
will weqllire that the wastewater treatment capacity leased herein
be returned 'to Encinitas no later than September 30, 1982,
the event Carlsbad does not return said wastewater treatmellt capacity
as 1:erei.n requj-red, then Carlsbad ajrees to provide ,075 BIGD (75,000
In
..
. gsflons) of alternate wastewa-ter treatment processes, as providcd .
by law, solely at the cost of Carlsbad,
4.
_---
Caxlsbad agrees to pay all costs for transpcxtation,
txeittnicnt and disposal of was tewatcrs which are incurrc+i because
of leased capacity rights granted in this Acjxccment .
-1-
i
;a-
*
t
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NO:~ THEREFORE, in consideration of the rmtual covenants and
co2ditLons fierein contained, the parties agree as follo;>Ts:
(1) Encipitas hereby leases to Carlsbad, and Cazlsbad hereby
?_eases from ~ncinitas, a portim of Enchitas * s surplus wastewater
txeatraent capacity in Encina of -075 KD (75,000 gallons per day)
/ fl
for the period from October 1, 3.977 to September 30, 1982, except
that tflis lease shall automatically terminate upan the completion
of the current enlargement program now taking place at Encha
knawn as Phase IXI, if said program is conpleted before September
30, 1982, ._
(2) Carlsbad agrees t~ pay Encinitas Sixteen Thousand Two
Hundred Fifty ($16,250.00) Dollars per year for said leased czpacity
xights.;The zmorznt due shall be paid quarterly, in advance, commencing - ..
with a Four Thuuaand Sixty 3Vo and 50/l00 ($4,062.50) Dollar pa$tc:lt ..
3 October 1, 1977.
. . (3) Any notice or payment to be given here-mder may be
given by depositing the same in any United States Post Office,
registered or certified, postage prepaid, addressed to:
Enchitas Sanitary District
P, 0. Box 99 1200 Eln Street
Enchitas, CA 92024 Carlsbad, CA 92008
It? WITNESS F.?HF:REOF
Ci"ty .of Carlsbad
the parties hereto have executecl tllis
AyrL-eeiiieiiC the day and year first hereinabove written -
C3