HomeMy WebLinkAbout1987-05-12; City Council; Resolution 9057.I
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RESOLUTION NO. 9057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE THIRTY-THIRD SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT TO CHANGE THE SEWER SERVICE AREA AND TO DELETE PROHIBITION AGAINST PUMPING BETWEEN BASINS.
WHEREAS, this City is a party to the Encina Joint Powers
Basic Agreement for the construction, operation and maintenance
of the Encina Water Pollution Control Facility; and
WHEREAS, said Basic Agreement provides, among other things,
for a designated geographical area to be served by the Joint Sewer
System, which area was designated by an Exhibit IIA" attached to
the Basic Agreement; and
WHEREAS, a provision of the Basic Agreement also prohibited
pumping between the specific drainage basins that were designated
in said agreement; and
WHEREAS, by virtue of changes in the geographic boundaries
of each member of the Encina Joint Powers and changes in the
population projections for said members since creation of the
Joint Powers, a need has arisen, and presently exists, to change
the service areas to be served by the Encina Water Pollution Control
Facility, and, to eliminate the prohibition against pumping between
drainage basins; and
WHEREAS, the Thirty-Third Supplement to the Basic Agreement
provides for a change in the service areas and the elimination
against pumping between drainage basins; and
WHEREAS, the Joint Advisory Committee has considered and
unanimously approved the Thirty-Third Supplement attached hereto
and made a part hereof; and
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WHEREAS, it is in the best interests of this City to autho-
execution of said Thirty-Third Supplement to the Basic Agree- rize
ment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor of this City be, and is hereby, autho-
rized to execute the Thirty-Third Supplement to the Encina Joint
Powers Basic Agreement, which provides for a new service area
to be served by the Encina Water Pollution Control Facility, and
eliminates any prohibition against pumping between drainage basins.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 12th day of May , 1987,
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES : None
ABSENT: None
ATTEST:
(SEAL)
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THIRTY-THIRD SUPPLEMENT TO BASIC AGREEMENT
OF 'UiE ENCINA JOINT POWERS AMENDING THE BASIC AGREEMENT TO CHANGE THE SEWER SERVICE
AREA AND TO DELETE THE PROHIBITION AGAINST
PUMPING BETWEEN BASINS
This Thirty-Third Supplement is made and entered into this
day of , 1987, by and between the CITY
OF CARLSBAD, a Municipal Corporation (hereafter "CARLSBAD"), CITY
OF VISTA, a Municipal Corporation (hereafter "VISTA"), BUENA
SANITATION DISTRICT, a County Sanitation District (hereafter
"BUENA") , SAN MARCOS COUNTY WATER DISTRICT, a County Water
District (hereafter "SAN MARCOS" 1, LEUCADIA COUNTY WATER
DISTRICT, a County Water District (hereafter "LEUCADIA"), and
ENCINITAS SANITARY DISTRICT, a Sanitary District (hereafter
"ENCINITAS" .
RECITALS
A. VISTA, CARLSBAD, BUENA, ENCINITAS, LEUCADIA, and SAN
MARCOS own and operate a joint sewer sytem commonly known as the
ENCINA WATER POLLUTION CONTROL! FACILITY (hereinafter "EWPCF").
B. The Encina Joint Powers Agreement was entered into on
1961, at which time there was attached and incorporated July 13,
therein as Exhibit A which depicted the area to be served by the
EWPCF.
C. That by virtue of changes in the geographic boundaries
of each member of the Encina Joint Powers and changes in
population projections for said members since creation of the
* Encina Joint Powers, a need has arisen to change areas to be
served by the EWPCF and tq eliminate the existing prohibition
against pumping between drainage basins.
D. An Amendment to the Basic Agreement is for the best
I interests of the Encina Joint Powers and is necessary in order to
make relevant population projeccions and develop a facilities
1; plan. I
E. At a regular meeting on January 28, 1987, of the Joint
Advisory Committee to the Encina Joint Powers, the proposed
service areas, as depicted on Eyhibit A hereto, were unanimously
approved. I I
I
F. This Thirty-Third Supplement to the Basic Agreement is
made pursuant to the provision of Article 1, Chapter 5, Division
7, Title 1, of the Government Code of the State of California,
commencing with Section 6500 relating to the exercise of powers
common to all public agencies, each of which is authorized to
contract with others pursuant thereto.
NOW, THEREFORE, the parties hereto agree as follows:
1. That Exhibit "A" attached to this Thirty-Third
Supplement be, and is, hereby substituted as Exhibit "A" to the
Basic Agreement in place and instead of the Exhibit "A" provided
for in subparagraph (a) of Section 3 of the Basic Agreement.
2. Section 4 of the Basic Agreement is hereby deleted, and
a new Section 4 is hereby added to said Basic Agreement which
shall read as follows:
"Section 4. PUMPING BETWEEN DRAINAGE BASINS AND SERVICE AREAS. Notwithstanding anything to the contrary in this agreement, pumping between drainage
basins and service areas shall be permitted in order to provide cost effective collection and treatment of
wastewater. Such permitted pumping shall be at the
discretion of each member of the Encina Joint Powers
who deems pumping necessary or desirable."
3. This Supplement may be executed in counterparts, and
upon execution thereof by all the parties set forth on Page 1
hereof, each such counter part shall be deemed to be an original.
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¶
*
e IN WITNESS each party hereto has caused this
Thirty-Third Supplement to be signed by its respective officials
heretofore duly authorized by the legislative bodies thereof.
Approved by Resolution
No. on , 1987.
Approved by Resolution - NO, 9057 on
May 12, , 1987.
Approved by Resolution
No. on
CITY OF VISTA,
!
BY: !
I i Mayor
I
CITY OF CARLSBAD,
BY:
LEUCADIA COUNTY WATER DISTRICT,
BY:
Pres iden t
BY:
Secretary
Approved by Resolution
No. on
1987.
Approved by Resolution
' No. on
1987.
SAN MARCOS COUNTY WATER DISTRICT,
BY: President
BY:
Secretary
BUENA SANITATION DISTRICT,
BY:
President
BY:
Secretary
Approved b Resol ition
No. on , 1987.
ENCINITAS SANITARY DISTRICT,
1:
I,
BY: President
BY:
I Secretary
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