HomeMy WebLinkAboutBuena Sanitation District; 2003-02-11;c ..
AGREEMENT FOR SEWAGE FLOWS BETWEEN THE CITY OF CARLSBAD
AND BUENA SANITATION DISTRICT
THIS SEWAGE FLOW AGREEMENT (the “Agreement”) is entered into
on this 11th day of February , 2003 by and between the CITY OF
CARLSBAD (“CARLSBAD”) a municipal corporation of the State of California,
and the BUENA SANITATION DISTRICT (“BUENA’) organized and existing
pursuant to California Health and Safety Cdde 5 4700 et seq.
RECITALS , ,‘ ,,. , ,, ,,
WHEREAS, CARLSBAD and BUENA are members”of the Encina Water
WHEREAS, CARLSBAD cannot now efficiently provide sewer service to
the area within which the Project is located; and
WHEREAS, as of November 22, 2002, LAFCO’s records indicate that there are
no special districts in CARLSBAD that can currently provide sewer service to the
area within which the Project is located; and
WHEREAS, the Project is within the Raceway Basin Assessment District
served2 BUENA; and
1
WHEREAS, CARLSBAD desires to have the Project temporarily connect
to the BUENA sanitation collection system for approximately six years, until the
South Agua Hedionda Interceptor sewer line is completed in Carlsbad; and
5. COMPENSATION. CARLSBAD shall pay BUENA an Annual Service Charge
which shall be equal to BUENAS operational and maintenance costs associated
with the total volume of sewage generated from the Project into the BUENA
sewage sanitation system. The Annual Sewer Service Charge shall be based on
the same factors as those applied to any other BUENA customer as determined
from tTFEto time by the Buena Sanitation District Board of Directors.
2
11. VENUE. In the event of any legal or equitable proceeding to enforce or
interpret the terms or conditions of this Agreement the parties agree that venue
shall lie only in the federal or state courts in or nearest to the North County
Judicrnistrict, County of San Diego, State of California.
3
12. MODIFICATION. This Agreement may not be altered in whole or in part
except by modification, in writing, executed by all the parties to this Agreement.
13. INCORPORATION OF SERVICE AGREEMENT. This Agreement and its
terms and conditions shall be incorporated by reference as an exhibit to the
service agreement entered into by the agencies and the Project receiving the
exchange of sewage flows.
14. NOTICES. All notices required or provided for under this agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and
addressed as provided in this paragraph. Notice shall be effective on the date it
is delivered in person, or, if mailed, on the date of deposit in the United States
Mail. Notices shall be addressed as follows unless a written change of address
is filed with the City: ,.
Notice to City: City Engineer
1635 Faraday,Avenue
Carlsbad, CA 92008
The signature page follows as page five of this Agreement. -
4
Signature Page
AGREEMENT FOR SEWAGE FLOWS BETWEEN THE CITY OF CARLSBAD
AND BUENA SANITATION DISTRICT
BUENA SANITATION DISTRICT
By:
5
EXHIBIT A
LEGAL DESCRIPTION
PALOMAR FORUM, C.T. 99-06
6
LEGAL DESCRIPTION
CARLSBAD RACEWAY, C.T. 98-10
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL 4:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN, ON OR UNDER SAID
LAND AS RESERVED BY BURTON D. HIGHTOWER, A WIDOWER, IN DEED
RECORDED MAY 19,1959 IN BOOK 7669, PAGE 361 OF OFFICIAL RECORDS.
7
City of Vista
February 13,2003
Lorraine Wood
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Agreement for Sewage Flows between the City of Carlsbad
and the Buena Sanitation District
Dear Ms. Wood:
At the meeting held on Februw- 11,2003, the Buena Sanitation District Board adopted
Resolution No. 2003-4, approving the above-referenced agreement. Enclosed please find
an executed copy of the agreement and a copy of the resolution for your files.
If you have any questions concerning this document, please contact 'Terry Lutz in our
Engineering Department at (760) 639-61 1 1.
Sincerely,
Rita R. Turnbull
Administrative Secretary
Office of the City Clerk
enc.
c: T. Lutz, Principal Engineer
City Engineer, City of Carlsbad
600 Eucalyptus Avenue P.O. Box 1988 *Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us
RESOLUTION NO. 2003 - 4
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUENA
SANITATION DISTRICT APPROVING A SEWAGE FLOW AGREEMENT
BETWEEN BUENA SANITATION DISTRICT AND THE CITY OF
CARLSBAD
WHEREAS, the City of Carlsbad (“Carlsbad”) and Buena Sanitation District (“BSD)
desire to enter into a sewage flow agreement whereby certain property owners within
Carlsbad sanitation district will be authorized to discharge effluent into the BSD sanitation
collection system; and
WHEREAS, under Article 3, Chapter 4, Part 3, Division 5 of the California Health
and Safety Code, BSD may enter into agreements to accomplish the purposes of the
district,
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The above recitals are true and correct.
2. The Agreement for Sewage Flow Between the City of Carlsbad and Buena
Sanitation District dated February 11, 2003 is approved.
3. The Chairman of the Board of the Buena Sanitation District is authorized to
execute the agreement on behalf of the District.
PASSED AND ADOPTED at a meeting of the District Board held on the llthday of
February, 2003 by the following vote:
AYES: CAMPBELL, CAMPO, GRONKE, RITTER, CHAIRPERSON VANCE
NOES: NONE
AS TO FORM: ATTEST:
District Counsel Jo Seibert, Clerk of the Board