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HomeMy WebLinkAbout2011-07-12; City Council; Resolution 2011-1641 RESOLUTION NO. 2011-164 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE FIRST AMENDMENT WITH CITY OF VISTA, AGREEMENT FOR OWNERSHIP, 4 OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER 5 WHEREAS, on February 26, 2002, the City of Vista and the City of Carlsbad entered 6 into a master agreement titled "Agreement for Ownership, Operation and Maintenance of the 7 Vista/Carlsbad Interceptor Sewer"; and 8 WHEREAS, The City of Vista has applied to the Clean Water State Revolving Funding 9 (CWSRF) Program administered by State Water Resource Control Board (SWRCB) to fund their 10 share of sewer improvements to the Vista/Carlsbad Interceptor Sewer; and11 WHEREAS, The CWSRF program requires Vista to execute a CWSRF Installment Sales Agreement with SWRCB. The CWSRF Installment Sales Agreement requires that Operations and IO Maintenance of the Vista/Carlsbad Interceptor Sewer continue in effect for the term of the CWSRF14 Installment Sales Agreement, which is for twenty years; and IO WHEREAS, The term of the current Master Agreement expires February 26, 2022; and16 WHEREAS, the Parties desire to extend the Master Agreement until December 31, 18 2032; and WHEREAS, the Master Agreement allows for the extension of said agreement for 2i y additional 10-year periods; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest for the City of Carlsbad to enter into a First Amendment to the Agreement for Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer, between City of Carlsbad and City of Vista; and24 NOW, THEREFORE, BE IT RESOLVED by the City /.O Council of the City of Carlsbad, California, as follows:26 1. That the above recitations are true and correct. 28 '" 1 2. That the Mayor of the City of Carlsbad is hereby authorized and directed 2 to execute the First Amendment to the Agreement for Ownership, Operation and 3 Maintenance of the Vista/Carlsbad Interceptor Sewer, between the City of Carlsbad and 4 the City of Vista. 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of July, 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT7 HALL, Mayor yi^/^A y^^x ' JL^e^iJt-'^ LORRAlNlEM./WOO'D/CityCle'rk Q /SEALS