HomeMy WebLinkAboutEncina Wastewater Authority; 1995-06-21;!- 3 1 iTp -- "1
Date June 21
To File 0 Reply Wanted
From Isabelle Paulsen ONo Reply Necessary
On this date Marie Goffredo, CMWD, was sent the original agreement. She c
that she would take care of getting the original to the other cities for
signature. Marie was requested to furnish a copy of the fully signed agre
to this office.
Council Meeting of June 20, 1995. Item No. 10.
Resolution No. 95-165.
f
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May 11, 1995
AGREEMENT AUTHORIZING
THE ENCINA WASTEWATER AUTHORITY
TO ACQUIRE LAND
ON BEHALF OF THE ENCINA MEMBER AGENCIES
Ref: 2
This Agreement entered into on this day of 1995
and among the CITY OF CARLSBAD, a general law city, the CITY
VISTA, a general law city, the LEUCADIA COUNTY WATER DISTRICT,
county water district, the VALLECITOS WATER DISTRICT, a COUI
water district, the ENCINITAS SANITARY DISTRICT, a county sanit,
district, and the BUENA SANITATION DISTRICT, a county sanitat
district, all hereinafter referred to as the PARTIES, and
Encina Wastewater Authority, hereinafter referred to as the EW
RECITALS :
WHEREAS, the PARTIES own and operate the Encina Joint Se
System pursuant to a Joint Powers Agreement, commonly referred
as the "REVISED BASIC AGREEMENT", as supplemented and amended;
WHEREAS, the PARTIES are desirous of acquiring a parcel
land for the purpose of planning possible limited additic
facilities for use in connection with the Encina Water Pollut
Control Facility (WPCF) as well as providing a possible site fc
City of Carlsbad reclaimed water treatment facility; and
WHEREAS, the parcel of land (APN 214-05-101) is loci
adjacent to the Encina WPCF southerly boundary and consists
approximately 37 acres of vacant undeveloped land; and
WHEREAS, the Encina Wastewater Authority (EWA) has been
created by the PARTIES as the Operator/Administrator of the Enc
EXHIBIT 'A'
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May 11, 1995 Ref: 26
Joint Sewer System; and
WHEREAS, the PARTIES have granted the EWA powers to
acquire lands including condemnation powers; and
WHEREAS, the PARTIES desire said Operator/Administrator t
acquire the property on behalf of the PARTIES subject to the tc
and conditions specified herein; and
WHEREAS, in the event land is acquired, subsequent agreemc
would be executed and/or budgets would be approved for
planning, design, construction, operation, and maintenance of
additional facilities by the PARTIES; and
WHEREAS, in the event land is acquired, subsequent agreemt
would be executed by the PARTIES conveying a portion of the Ian1
the City of Carlsbad, if requested, for a reclaimed water treat1
plant:
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Authorization to Act on Behalf of PARTIES: For the
purpose of facilitating the purchase of lands and rights of way
the planning purposes and the payment of all cost and expe
incurred by or to be paid in connection with acquiring the
site, the EWA shall act on its own behalf and the behalf of
PARTIES in acquiring lands and rights of way.
2. The possible wastewater related uses of th
acre site are contemplated to be buffer zone, administra
facilities, equalization reservoir for Encina effluent treate
secondary level, and, if requested by the CITY of CARLSBA
reclaimed water treatment facility. Any portion of the site thz
Uses of Site:
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May 11, 1995 Ref: 26
ultimately not needed for public purposes may be made available
sale or lease in the future.
3. Reclaimed Water Treatment Facilitv: Upon the request of
CITY OF CARLSBAD a portion of the 37 acre site will be n
available for a reclaimed water treatment facility under the tc
of an agreement unanimously approved by the PARTIES.
4. As a condition precedent to the EWA acquii
property, funds for the purchase price and associated costs
acquire the property must have been approved for such purpose:
the unanimous vote of the PARTIES.
5. Condemnation: In the event condemnation is required to
acquire the property, the EWA is hereby authorized to proceed I
condemnation only upon the unanimous approval of the EWA Boar(
Directors. In the event unanimous approval of the EWA Board is
given the authorization may be requested from the PARTIE2
accordance with the provisions of the Revised Establish
Document.
6. Pavment of Funds: The PARTIES shall pay or cause to
be paid to the EWA the PARTY'S proportionate share of said appr
budget upon demand by the EWA. Funds shall be provided by
PARTIES in the same percentage as the PARTY'S percentage of
Ownership as of June 30, 1994 in Unit "1" of the Joint System.
percentages of ownerships are attached as Exhibit 'B'.
7. Authoritv to Hold Title: In the event that such sit
acquired as permitted herein, title to any such real property E
be taken in the name of the CITY OF CARLSBAD, which title sha!
Budseted Funds:
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May 11, 1995 Ref: 266
held in trust for the PARTIES, until such time as the PART1
unanimously agree that said title shall be conveyed to any one
the other PARTIES or some other entity or public Joint Powe
hereafter created by the PARTIES or their respective successors
interest.
8. Beneficial Interests of the PARTIES: The beneficial
interest of each of the PARTIES in any real property acquired sh;
be in the same percentage as the PARTY'S percentage of ownership
Unit lvI1l (Plant) of the Joint System as shown in the June 30, 15
EWA Financial Information and Audit Report and restated in ExhiL
A.
9. Execution in Counterparts: This Agreement may be executed
Counterparts, and when so executed by all PARTIES, all SI
counterparts shall be deemed to constitute a single agreement am(
the PARTIES.
10. Authoritv for this Aareement: This agreement is made pursul
to the powers granted to Joint Powers by the provisions of Sect
6500 et seq. of the California Government Code.
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May 11, 1995
vw- - Dated:
v v- - Y
CITY OF VISTA
Dated: BY:
LEUCADIA COuNm WATER DISTRICT
Dated: BY:
VALLECITOS WATER DISTRICT
Dated: BY:
ENCINITAS SANITARY DISTRICT
Dated: BY:
BUENA SANITATION DISTRICT
Dated: BY:
ENCINA WASTEWATER AUTHORITY
Dated: BY: GAIL HANO, Chair EWA Board of Directors
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May 11, 1995 Ref: 266
EXHIBIT '€3'
PERCENTAGE OWNERSHIP IN UNIT "I"
The Ownership of the acquired land shall be allocated to the Member A in the same percentages as their Ownership of the Joint System Unit I as presented in the June 30, 1994 EWA Financial Information and Audit on the Schedule of Ownership of Property, Plant and Equipment and rest follows :
UNIT I
AGENCY cost, $ %
VISTA 23,047,832 21.61
24.81 CARLSBAD 26,460,745
LCWD 21,693,331 20.34
VALLECITOS 21,586,678 20.24
BUENA 8 , 702 , 929 8.16
ENCINITAS 5,162,033 4.84
TOTAL 106,653,548 100.00
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FOOTNOTES
KlilCINA WASTEWATER AUTBORITY CAPITOL I)BRQ9gWEsNT PROORAN
1995f96 TISCAL ygA61
1. Actual costs used when available. These costs do not include any remedi action that could be required in response to the Shellfish Protection 1 of 1993. Unit X building improvements costs are from the February l! Year 2020 Facility Plan Update, escalated by 3 percent per year Over 1 three-year project postponement. Plant rehabilitation, capil acquisitions and facility replacement costa are shown at ENRS.A of 66 All other coots are shown at an ENRLA of 6670, multiplied by 3 percent each year between FY 1995196 and when the coat8 are projected to incurred. Therefore, "Total' column include8 both present worth projected coots and has limited meaning,
2. Cogeneration optimization coats for FY 1995196 are based on currt projections to complete conversion of three engines to clean bi technology. FY 1996/97 costs are based on a major rebuild of 1 remaining two natural gas engines.
3. FY 1995196 CIP budget includes funding for initial efforts to obtd additional land, FY 1996/97 coats are for planning effort to update 1 2020 building plan. It is anticipated that a new administration build will be constructed and existing building8 remodeled as part of * building program. Costs beyond FY 1997/98 will be identified during * planning effort in FY 1996197. Off-site office lease expirao in Ha 2000. year 2000.
excerpted from the 1995/96 update of the Multiyear Master Plan Rehabilitation and Major Improvement Pro jectrr. Coats beyond 2000/2001 a8sumed to bo a constant $500,000 per year, Costs are included Encina's operating budget.
5. Capital acquisition8 (both new and replacement). Costs are not inClUr in Encina's operating budget.
6. Funding i5 included per the April 1992 Ocean Outfall Facility P Hydraulic Testing Program and to pursue acquisition of additional land flow equalization and Facility Plan updating needed prior to expandon Unit J capacity.
7. It io anticipated that additional effluent disposal capacity will needed at saim timo in the future, The thing for zm outfall proj depnds on the outcome of several issue. currently undecided. Tb unknowns include remedial actions in response to the Shellfish Protect Act, the potential withdrawal of Valecitos fran the Joint System, and record high waatewater flows fran recent storms. A disposal alternat will be selected following completion of necessary studies (e-g., n fac testing, dispersion modeling, etc, ) , Value included in spreadsh represents the estimated coat of constructing a new outfall parallel the existing outfall, Other alternativem include paralleling jumt nearahore portion of the existing outfall (less costly), constructbl longer outfall (more costly), and flow equalization (relative C08t known at this time), Cost shown based on mid-point of construct occurring in PY 2003/04.
The68 fund8 are accumulated and held by individual agencies. facilities through Phase IV.
P:\USERs\HIKEF\123\BUDCBT\CIP95NOT
The Board has adopted a goal of being out of the lease epace by
4. Major capital outlays toward plant rehabilitation. The coat8
8. Include.
EXHIBIT 'C'
Page 2
elm WASTEWATER AUTHORim 0 Land Purchase Analysts
May 11,1995
VB Carisbad Buena Vallecrtos Leucadia Enanrtas
Historical Cost
Untt 1 23,010,355 26,417,719 8,688,778 21,551,577 21,658,057 5,153,638 10
Land 37,477 43,026 14,151 35,101 35,274 8,395
Total Untt I including Land 23,047,832 26,460,745 6,702,929 21,586,678 21,693,331 5,162,033 IC
Total Percent 21.61% 24.81% 8.16% 20.24% 20.34% 4.84%
Aternative Assumed Land Acqusrtion Ce
(Allocation based upon Total Percent above)
432,200 496,200 163,200 404,800 406,800 96,800
648,300 744.300 244,800 607,200 6 1 0,200 145,200
864,400 992.400 326,400 809,600 8 13,600 193.600
EXCESS* CAPITAL - FUNDS*
Projectlon For The Date 6-30-95 May 3,1995
Project Vista Carlsbad Buena Vallecitos Leucadla Encinrtas
Compost Propct Residual 944,172 988,8 15 380,617 775,475 914,102 198,940
Phase IV *** 54,119 68,25 1 30,879 61,782 66,250 12,585
Building 11,713 17,966 8,065 16,121 16,713 3,190
Outfall - Unit J 11,659 82,082 11,721) 41,140 45,354 21,616
Total 1,081,663 1,1!57,114 417,841 894.519 1,042,419 236,331
* Not budgeted 94/95 or 95/96
Estimation as d 6/30/95
Could be refunded during F94p5; however, there is a possibility of a porbon being
needed for additional costs of widening of Avenida Encinas.
**
* **
EXHIBIT 'D'
FJ..11 -May-95..C:\123R3\MlSC\LANDPUR.WK3..pg 1