HomeMy WebLinkAbout1989-12-19; City Council; Resolution 89-447r" t II 0 0
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RESOLUTION NO. 8 9 - 4 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING AMENDMENTS TO THE
ENCINA JOINT POWERS BASIC AGREEMENT GRANTING
THE ENCINA ADMINISTRATIVE AGENCY POWERS TO
ACQUIRE PROPERTY.
WHEREAS, the City of Carlsbad is a party to the Encina Joint Powel
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operation and maintenance of the Encina Joint Sewer System; and E3
Agreement entered into on July 13, 1961 , for the acquisition, construction, ow
9 11 WHEREAS, the acquisition of a parcel of land upon which to construc
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11 composting facilities for use in connection with management of sludge from tht
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WHEREAS, in connection with the acquisition of such a site, it may be n 13
Water Pollution Control Facility is desired and necessary; and
l4 to exercise powers of condemnation; and
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WHEREAS, the Thirty-Seventh Supplement to the Basic Agreement, t
17 Ii August 1, 1988, created the Encina Administrative Agency (EAA) to administer, :
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powers and did not explicitly empower the EAA to acquire property; and 19
operate and maintain the Joint Sewer System but did not grant the EAA conde
2o I WHEREAS, the City Council of the City of Carlsbad, California has the al:
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desires to grant to the said Operator/Administrator the power to condemn pro
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WHEREAS, site may be located either within or outside the boundaril 25
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the acquisition of a site for use as a sludge composting facility and other future I
Encina service area.
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NOW THEREFORE7 BE IT RESOLVED by the City Council of the City of Ca
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2 11 California as follows:
3 Item 1. That Section 5 of the Basic Agreement is amended as follow
4 Section 5. RIGHTS OF WAY AND LAND ACQUISITIONS - EXPENSES.
5 For the purpose of facilitating the purchase of land and rights of T
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7 the Joint System and the payment of the cost of acquiring, constructing, maintaini
8 operating the Joint System, the Operator/Administrator, or any other party he
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parties hereto, in acquiring lands and rights of way necessary for the Joint Sys 10
agreed upon by all parties hereto, shall act on its own behalf and on behalf of th
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the ownership, operation, maintenance and use of the Joint System and in pq
costs and expenses incurred by or to be paid in connection therewith, and eacl 13
14 other parties hereto shall pay or cause to be paid into the funds 1
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accordance with the terms of a separate agreement approved unanimously 16
Operator/Administrator said party's proportionate share of said costs and expc
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19 Item 2. That the Joint Powers Agreement for the creation of t
20 li approved and adopted by the 37th Supplement to the Basic Agreement be ame
21 adding Section 3.3.14 to read as follows:
22 3.3.14 The power and authority to purchase, lease or condemn real 1
23 I/ upon such terns and conditions as approved unanimously by the member agen
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Item 3. These amendments to the Basic Agreement shall become effc
the day of adoption of a resolution approving the amendments by the last of tl
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governing bodies of the member agencies to so act.
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2 Item 4. Following adoption of these amendments, the EAA shall i
3 revised copy of the amended portions of the Basic Agreement and its Supplemen
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb:
!5 Council held on the 19th day of December , 1989 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and -
NOES: None
ABSENT: None
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13 j/ ATTEST:
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17 City Clerk (SEW) KAREN R. KUNDTZ, Deputy City Clerk
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