HomeMy WebLinkAbout1985-07-02; City Council; Resolution 7749i.
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RESOLUTION NO. 7749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING EXECUTION OF THE
AND (c) AND SECTION 32 OF THE BASIC AGREEMENT RELATIVE TO RECLAMATION AND TO APPORTIONMENT OF CHARGES OF OWNERSHIP AND USE OF EWPCF
TWENTY-SEVENTH SUPPLEMENT TO AMEND SECTIONS 17.3 (b)
WHEREAS, the City of Vista, City of Carlsbad, Buena Sanitation District,
,ncinitas Sanitary District, Leucadia County Water District, and San Marcos
:ounty Water District are parties to a Joint Powers Agreement (Basic
greement), which provides for the operation and maintenance of a joint
'ewer system commonly known as the Encina Water Pollution Control Facility
EWPCF); and,
WHEREAS, Section 17.3 (b) of said Basic Agreement provides that all
!xpenses for operation and maintenance of the EWPCF shall be paid by members
if the Joint Powers based on their respective flows to the EWPCF; and,
WHEREAS, Section 17.3 (c) of said Basic Agreement requires the Adminis-
:rator of the Joint Powers to annually estimate the budget for EWPCF based on
111 sewage originating in each of the jurisdictions, including reclaimed
rastewater; and,
WHEREAS, Section 32 of the Basic Agreement requires that each member
)f the.Joint Powers pay a proportionate share of the operation and maintenance
:ost of the EWPCF for all wastewater originating within its jurisdiction without
:onsideration for reclamation; and,
WHEREAS, the Encina Joint Powers obtained a grant from the Federal
;overnment for enlargement and upgrading of the EWPCF, which project is
:omonly known as PHASE I11 ENLARGEMENT & UPGRADING; and,
WHEREAS, one of the conditions of said grant was the adoption and imple-
mentationof a Financial and Revenue Plan by the Joint Powers in accordance
with the guidelines set forth in said grant; and,
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WHEREAS, Section 17.3 (b) and (c) and Section 32 of the Basic Agreement
are inconsistent with the requirements of the aforesaid Financial and Revenue
Plan; and,
WHEREAS, the Twenty-Seventh Supplement will amend Section 17.3 (b) and (c)
and Section 32 of the Basic Agreement so as to meet the requirements of the
aforesaid mandated Financial and Revenue Plan, and will provide consideration
for reclamation together with procedures for a review of proposed reclamation
facilities; and,
WHEREAS, on May 22, 1985, the proposed Twenty-Seventh Supplement to the
Basic Agreement was considered by the Joint Advisory Committee to the Joint
Powers at a regular meeting thereof, and was unanimously approved by said Joint
Advisory Committee; and,
WHEREAS, it is in the best interests of this City and that its City
Council be authorized to execute the Twenty-Seventh Supplement to the Basic
Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
Section 1. That the City Council of this City be, and is hereby authorized
to execute the Twenty-Seventh Supplement, which Supplement amends Section 17.3
(b) and (c) and Section 32 of the Basic Agreement of the Encina Joint Powers.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
:he City of Carlsbad held the 2nd day of JdY , 1985, by the
Eollowing vote, to wit:
AYES: Council Menbers Casler, Lewis, Chick and Pettine
NOES: None
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ATTEST :
(SEAL)
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