HomeMy WebLinkAbout1973-09-18; City Council; 2141; Encina Water Pollution Control Facility Sixth Supplement to Basic Agreement to Provide Interim ExpansionTBCITY OF CARLSBAD, CALIFORNIA
Agenda Bill ^o. £FJ \ Date SePt- 18>
Referred To:
Subject: Submitted By:
Encina Water Pollution Control Facility
- Sixth Supplement To Basic Agreement To Provide Public Works Director
For Interim Expansion
S t a t erne ntof the Matter
See Exhibit "A"
Exhibit
"A'1 Memorandum to City Council from City Attorney dated Sept. 1*t, 1973
"B'1 Final Draft of Si.xth Supplement to Basic Agreement To Provide For
Interim Expansion of Encina Water Pollution Control Facility.
""City Council Resoltuion
Staff Recommendations
Adopt Resolution No. 3^i2^t authorizing the Mayor to execute
Exhibit "A". '
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AB NO.Date: Sept. 18, 1973
City Manager's Recommendation
Council Action
9-18-73 Resolution #3224 was adopted, authorizing the Mayor to execute
the Sixth Supplement to the Basic Agreement for the Enema
Joint Sewer System to provide for an interim expansion of
of said system.
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MEMORANDUM
DATE: September 14, 1973
TO: City Council
FROM: City Attorney
SUBJECT: Proposed Phase II-A Expansion to the
Joint Sewer System
As the Council has been previously informed, Staff
has been involved in negotiations with the other members
of the joint system in an attempt to secure additional
capacity over and above that to be added by the on-going
Phase II project. Recently several reports have been made
by the council's representatives and the public works
director on the progress of the negotiations. Some of the
difficulties Staff have encountered in that regard are
outlined in two letters from your attorney to the joint
committee dated September 6th and 7th. A special meeting
of the joint committee was held on September 12th to attempt
to resolve a number of outstanding problems and secure an
agreement in order to go forward with the Phase II-A
expansion.
Prior to that meeting, the policy decision was made
by the council to attempt to proceed with Phase II-A while
preserving the status quo on the system rather than
delaying Phase II-A until the outstanding problems of the
system could be resolved. The most important of these
problems which involves the basic organization of the joint
system is the clarification of the members' rights in the
system. Also unresolved is the dispute over Section 23
of the basic agreement as to the extent to which any one
member may modify the system at his own expense without the
consent of the others. Another difficulty is the lack of
mechanism for dividing in the future what may well be an
amount of capacity which is insufficient to meet the needs
of all the parties. Without considering these, there were
four other unresolved questions which had to be answered
at the September 12th meeting in order to secure an acceptable
agreement for Phase II-A.
The 1st question concerned the advisibility of
proceeding with Phase II-A on the basis of a negotiated
contract rather than a competitive bid. The joint committee
was advised by their attorney, Mr. Pressman, that it was
EXHIBIT "A"
City Council
Page Two
September 14, 1973
legal for the system to -proceed through San Marcos with a
negotiated contract. A policy decision was made by the
council's representatives, the manager and the public works
director, to proceed on that basis in view of the need
for speed and the difficulty of having two different
contractors on the site at the same time.
The 2nd question relates to the first and concerns
our insistence that we retain our right to approve the
negotiated contract. It was our position that in the event
we do not approve it, that we should retain the option to
delay Phase II-A until the contract could be properly bid.
Some of the other members insisted that in the event the
negotiated contract was not acceptable, they should have
the option to proceed without Carlsbad and secure all the
capacity for themselves .notwithstanding our exception.
After considerable discussion, Carlsbad's position prevailed,
The 3rd question involved the division of the
additional 4 MGD capacity to be gained by Phase II-A. A
policy decision had been made that Carlsbad should retain a
25% share of any capacity gained by Phase II-A. This
position was a compromise since prior to Phase II-A,
Carlsbad maintained a 33.5% ownership share in the plant.
Carlsbad's position on this matter was accepted. The
4 MGD to be gained by Phase II-A will be shared equally by
the four participating agencies: Vista, Carlsbad, Encinitas
and Leucadia.
The final question involved the appropriate
division of the "buy-in" money. Under the Third and Fifth
Supplements to the basic agreement by which additional
members were brought into the system, substantial amounts
of money were deposited with the system as a "buy-in".
These funds were to be used to finance future plant
expansions. Under the wording of the Third Supplement,
Leucadia and Encinitas could have claimed a share of one of
the funds despite the fact that they were not members of
the system when the "buy-in" occurred. The Fifth Supplement
by which Encinitas and Leucadia acquired capacity rights
provided that the buy-in monies from Leucadia and Encinitas
would be available for system improvements to be divided
among all the members according to capacity rights as they
were after the completion of Phase II. In effect, this
would result in Leucadia and Encinitas receiving back from
the system a substantial amount of their own buy-irt payments,
It was Carlsbad's position that the agreement should be
City Council
Page Three
September 14, 1973
changed to provide that the buy-in monies should accrue
to the benefit of Carlsbad, Vista, San Marcos and Buena in
proportion to their ownership shares. We further insisted
that these matters be resolved prior to going forward with
Phase II-A.
The revisions necessary to accomplish this in the'
Third Supplement were agreed upon, but we were not able to
agree on the Fifth Supplement changes. Leucadia insisted
that they accepted the agreement the way it was written and
wished to receive the proceeds of their bargain. At stake
for Carlsbad is approximately $100,000. Councilman Chase
will report to the council regarding a possible compromise
on this point which would allow Carlsbad to draw on some
of the money for its share of Phase II-A, reserve the ultimate
resolution for the Phase III negotiations, and allow Phase
II-A to go forward.
The resolution of these questions has been incorporated
in the third draft of the Sixth Supplement to the basic
agreement which provides for the Phase II-A expansion. The
draft was received by Staff late in the day on September 13th
and is being reviewed by the public works director and this
office. The public works director is preparing an agenda
bill in order to present the draft agreement to the council
for ratification at their September'18th meeting. He reports
that the agenda bill will not be completed in time for
inclusion in the council's packet. A copy of the draft
agreement has been attached to this memo in order that the
council might review it prior to the meeting. Any comments
from Staff in addition to those in this memo will have to be
handled on an oral basis at the council meeting.
In addition, public works will report on the
costs of the Phase II-A project, the proposed method of
financing, the degree to which the additional capacity
will meet the city's needs, and the possible timing of
Phase III.
There is no doubt that there are a number of
serious questions regarding the overall operation of the
system which will have to be resolved prior to the Phase III
agreements. Councilman Chase has accurately identified a
number of these problems in a policy outline which Staff used
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City Council
Page Four
September 14, 1973
at the September 9th meeting. His list includes the following
unresolved questions:
1. Ownership rights
2. Capacity rights
3. Voting rights
4. Limits on JAC power
-5. Efforts for future expansion
6. Need for an independent authority
We anticipate that the system will be subject to considerable
pressure as it attempts in the future to meet the needs of
all of its members. It is possible that will simply be
impossible. A method will have to be found for dividing an
insufficient amount of capacity among the competing demands
of the system's members. All these problems will be raised
during the course of the processing of Phase III. The
manager and the public works director will have to report
to the council as the situation develops in the future.
VINCENT F. BIONDO, JR.
City Attorney
VFB,Jr/mem
cc: City Manager
^ 9-18-73OINAL DRAFT
SIXTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR INTERIM EXPANSION OF
ENCINA WATER POLLUTION CONTROL FACILITY
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5 ii This Sixth Supplement to Basic Agreement is made and entered
(into this day of ^ ' , 1973, by and among:
VISTA SANITATION DISTRICT ("Vista"), a county sanitation
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district whose governing board is the City Council of the
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City of Vista;
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..-, CITY OF CARLSBAD . ("Carlsbad") , a municipal corporation;
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BUENA SANITATION DISTRICT ("Buena"), a county sanitation
district whose governing board is the Board of Supervisors
of San Diego County;
15- "'' "SAN MARCOS COUNTY WATER -DISTRICT < "San MarcosJI )•, ^a-county
water district; . .
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LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water
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district; and
ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary
district.
RECITALS
A. Vista, Carlsbad, Buena and San Marcos own and operate the
Encina Water Pollution Control Facility and Ocean Outfall (and re-
lated facilities) pursuant to the following Agreements:
DATE TITLE
(1) July 13, 1961 Basic Agreement Between Vista Sanitation
District and the City of Carlsbad for
Acquisition and Construction of a Joint
Sewer System
EXHIBIT "B"
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DATE
(2) March 25, 196-3
(3) January 6, 1964
(4) January 6, 1964
(5) September 14,"1964
(6) March 8, 1965
(7) March 22, 1965
(8) August 3, 1965
(9) June 20, 1966
TITLE
First Supplement to Basic Agree-
ment, Authorizing Vista to Apply
For Federal Grants
Second Supplement to Basic
Agreement Between Vista Sani-
tation District and the City.
of Carlsbad for Acquisition
And Construction of the Joint
Sewer System
Supplemental Agreement ' (No. 1)
To Basic Agreement Between Vista
Sanitation District and City of
Carlsbad for Acquisition and
Construction of Joint System,
For Purpose of Allocating Funds
Received From Federal Government
First Amendment to Basic Agree-
ment Between Vista Sanitation
District and"the City of Carlsbad
For Acquisition and Construction
Of a Joint Sewer System
Second Amendment to Basic Agree-
ment Between Vista Sanitation
District and the City of Carlsbad
For Acquisition and Construction
Of a Joint Sewer System
Third Supplement to Basic Agree-
ment Between Vista Sanitation
District and the City of Carls-
bad for Acquisition and Con-
struction of a Joint Sewer Systeit
Agreement Between County of San
Diego, and City of'Carlsbad,
Vista Sanitation District and
Buena Sanitation District For
The Operation of the Joint Systen
Agreement Between Buena Sani-
tation District and City of
Carlsbad for Lease by Carlsbad
Of Capacity in The Encina Out-
fall of the Buena Sanitation
District, For Lease by Buena
To Carlsbad of Designated
Capacity in the Encina Outfall
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DATE
(10) June 19, 1967
(11) January 1, 1970
(12) July 7, 1970 '
(13) December 1, 1970
(14) February 16, 1971
(15) August 17, 1971
(16) August 17, 1971
(17) July 5, 1972
TITLE
Agreement Between Buena Sanitatior
District and San Marcos County
Water District for Lease by San
Marcos of Capacity in Buena Sani-
tation District's Encina Outfall
Sewer Line
Fourth Supplement to Basic Agree-
ment Between Vista Sanitation
District, City of Carlsbad, Buena
Sanitation District and San Marcos
County Water District Re Con-
struction of an Enlargement to the
Encina Water Pollution Control
Facilities of the Joint System,
Authorizing Vista to Apply for and
Receive and Disburse Federal
Grant
Agreement for Interim Connection
by Leucadia County Water District
Agreement Between County of San
Diego and Vista, Carlsbad, Buena
and San Marcos for Legal Services
Supplement to Agreement for
Interim Connection by Leucadia
County Water District
Fifth Supplement to Basic Agree-
ment to Provide for Participation
By Leucadia County Water District
And Encinitas Sanitary District
Third Amendment to Basic Agree-
ment Between Vista Sanitation
District and City of Carlsbad for
Acquisition and Construction of
Joint Sewer System
Agreement for Temporary Connection
By City of Oceanside
B. An expansion of the Encina Water Pollution Control Facility
(Unit I) and of Ocean Outfall (Unit J), known as Phase II Expansion,
is currently under construction providing for an increase in the
capacity of such Unit I of 3 MGD, from 6.75 MGD to 9.75 MGD. A
further expansion of Unit I (Phase III) is in the initial planning
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stages and is not contemplated cd be in service until 1976-77.
2 C. An interim expansion of Unit I, known as Phase IIA, of an
3 additional 4 MGD from 9.75 MGD to 13.75 MGD is technically and
4 economically feasible and can be effected as an interim means of
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meeting flowage demands of the parties hereto. If constructed by
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the Phase II contractor, it is estimated that such expansion can
7 be completed sometime' in mid 1974.
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D. Vista, Carlsbad, San Marcos, and Leucadia have determined
they have need of capacity in addition to that provided by the
Phase II expansion pending completion of the Phase III expansion,
and therefore desire to undertake the Phase IIA expansion immediatejly,
E. Disputed questions have arisen regarding the last para-
graph of Section 6 of the Third Supplement to Basic Agreement be-
tween Vista Sanitation District and the City of Carlsbad for
Acquisition and Construction of a Joint Sewer System and Section
4(F) of the Fifth Supplement to Basic Agreement to Provide for Par-
ticipation by Leucadia County Water District and Encinitas Sanitary
District.
F. This Sixth Supplement to Basic Agreement is made pursuant
to the provisions 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 joint exercise of powers common to
public agencies; in this case being Vista, Carlsbad, Buena, San
Marcos, Leucadia and Encinitas, each of which is authorized to con-
tract with the others pursuant thereto.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE
AS FOLLOWS:
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Sect'ion 1. Phase IIA Expansion of Unit I. The capacity of
the Encina Water Pollution Co.ntrol Facility, shall be expanded by
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|4 MGD by the addition to such facility of the following improvements
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Type of Improvement Additional Units Required
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1. Primary Sedimentation Tank 1
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2. Air Operated Primary Sludge Valve 1
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3. Primary Scum Pump & System 1
4. Digester Boiler 1
5. Mechanically Cleaned Bar Screen 1
(20 MGD Capacity);
Selection of actual equipment and verification of details as to
location and conformance with existing processes to be made prior
to final design.
Section 2. Joint Project. The Phase IIA expansion of Unit I
shall be a joint project by Vista, Carlsbad, San Marcos and Leucadia
San Marcos is hereby appointed as the administrator of the joint
project and is' hereby authorized to cause final plans and specifi-
ations to be prepared, to prepare and file on behalf of the parties
appropriate applications and other documents for approval of the
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joint project and possible grants in aid under state and federal
laws and regulations, and be the contracting agent of the parties
for the construction of the Phase IIA expansion. San Marcos shall
also prepare, or cause to be prepared by contract, the environmental
impact report for the Phase IIA expansion as the lead agency, pur-
suant to the provisions of Section 21165 of the Public Resources
Code of the State of California. In acting as administrator and
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agent, San Marcos shall exercise the powers conferred upon it by
this Agreement in the manner prescribed for it by all laws and regu
lations, federal, state and district, which govern it in the exer-
cise of the powers conferred upon it as a county water district by
law.
Section 3. Plans, Specifications, Construction. The plans
and specifications of the Phase IIA expansion that San Marcos will
cause to be prepared as administrator of the joint, project shall
not become effective nor be executed until they are approved by
Brown and Caldwell, consulting engineers for the Joint Advisory
Committee and for the Phase II expansion. The construction con-
tract for the Phase IIA expansion shall not become effective nor
be executed until approved by Vista, Carlsbad, San Marcos and
Leucadia, and in the event such approval can not be secured, this
Agreement shall terminate and the Phase IIA expansion shall only
proceed upon execution of a new agreement therefor; provided, how-
ever, that all engineering costs incurred up to the time of such
termination shall be paid for by such participating parties in pro-
portion to each such party's respective share of the Phase IIA cost
set forth in Table I of Exhibit "1", which said exhibit is attached
hereto and by this reference incorporated herein as if set forth
in full.
San Marcos shall, as contracting agent pursuant to Section 2
hereof, contract with Brown and Caldwell for its services in review
ing and approving the plans and specifications, and the costs
thereof shall be deemed to be engineering costs for the purposes
of allocation to the parties hereto.
C .
The County of San Diego, by and through the Public Works Agency
operator of Unit I, shall administer the construction contracts and
provide construction coordination, and shall inspect the work as it
progresses to insure completion of such contracts in accordance
5 with their terms and this Agreement.
Q The Manager of the San Marcos County Water District, with -the
7 approval of said Public Works Agency, may approve individual change
8 orders of $5,000.00 or less, up to an aggregate of ten (10%) per-
9 cent of the construction contract, without Joint Advisory Committee
10 approval. All other change orders must be approved by the Joint
Advisory Committee.
12 Section 4. Construction of Phase IIA Expansion.
13 (A) The capacity of Unit I shall be expanded by 4 MGD, which,
14 when added to the capacity added by the Phase II expansion, shall
15 total 13.75 MGD. The capacity rights of each party in Unit I afte
16 completion of Phase II and Phase IIA and each party's share of the
17 costs of the Phase IIA expansion shall be as set forth in Table I
IS of Exhibit "1".
19 (B) San Marcos and Leucadia shall pay to the other parties fo
20 capacity rights as such rights will exist after the construction of
21 the Phase II and Phase IIA expansions, the respective amounts set
22 forth in Table II of Exhibit "1".
23 (C) The amounts provided in subsection (B) to be paid to
24 Carlsbad, Vista, San Marcos and Leucadia shall be paid to San Marco
25 upon the effective date of this Agreement to be held by it in trust
26 to the credit of such parties, and shall be applied .to the payment
27 of each such party's respective, share of the costs of the Phase IIA
28 expansion as they become due. To the extent such amounts are not
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sufficient to pay the share of any party, each such part}' shall pay
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iSan Marcos sufficient monies which, when added to the amounts
credited to it pursuant to subsection (B), will equal its full
4 share of Phase IIA expansion costs. Such payments shall be made
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upon demand of San Marcos at such times as will enable San Marcos to
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(pay all Phase IIA expansion costs as they become due. In the event
7 that San Marcos is required to borrow any monies in order to pay
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such costs as they become due because of delay in required payments
9 by any of the parties hereto, the costs of such borrowing
shall be paid by the party or parties causing such delay in pro-
portion to the amount of their respective obligations and the amount
of delay caused by each such party. San Marcos shall invest all
deposits made with it pursuant to this Agreement until needed for
payment of Phase IIA expansion costs., and all earnings thereon shall
inure to the parties hereto in proportion to the respective amounts
credited to them.
(D) San. Marcos shall be strictly accountable to all parties
hereto for all funds received by it pursuant to this Agreement, and
shall maintain adequate records of all receipts and disbursements
pursuant thereto.
Section 5. Maintenance and Operation. The Phase IIA expansion
shall become part of the Encina Water Pollution Control Facility and
shall be operated and maintained as part thereof in accordance with
the terms of the July 13, 1961 Basic Agreement. The cost of such
administration, maintenance and operation (including overhead) shall
be paid by the parties to this Agreement in accordance with Section
17.3 of the Basic Agreement.
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• Section 6. Clarification of the Provisions of theThird
[supplement to Basic Agreement and Partial Use and S e11inc, Aside of
iCertain Excess Buy-In Monies During Phase II. . . • •
(A) The last paragraph of Section 6 of the Third Supplement
to Basic Agreement between Vista Sanitation District and the City of
Carlsbad for Acquisition and Construction of a Joint Sewer System
is hereby amended to read as follows:
"At such time as construction of additions or improvements to
the treatment plant shall have increased the effective capacity of-
said treatment plant to at least a 6.75 m.g.d./ as determined by
Carlsbad, Vista, Buena.and San Marcos, any portion of the monies
paid by, San Marcos pursuant to Section 3 of this Agreement (plus any
interest accruing thereon) in excess of the amount required to pay
for constructing (including engineering and incidental expenses)
such additions or improvements shall be credited to Carlsbad, Vista,
San Marcos and Buena/ in proportion to their respective capacity
rights in Unit I after such construction, to-wit: Carlsbad: 33.5%;
Vista: 39.5%; Buena: 9.2%; and San Marcos: 17.8%; and shall be
held in trust by Vista in a capital improvement fund to be used for
future additions and improvements to.Units I or J. Such credits
shall be applied to the payment of each such respective party's
share of the costs of future additions and improvements to Units I
or J, until exhausted."
(B) Notwithstanding the provisions of Section 4(F) of the
Fifth Supplement to -Basic Agreement' to Provide for Participation by
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Leucadia County Water District and Encinitas Sanitary District to
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the contrary, before completion of the Phase II expansion provided .
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for in such Supplement and during the progress of the Phase IIA
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i expansion , those portions of the buy- in monies payable by Leucadia
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land Encinitas pursuant to such Supplement to Vista, Carlsbad and
San Marcos in excess of the amount required to pay their respective
shares of the cost of constructing (including engineering and design
fees and inspection) the Phase II expansion may be utilized by each
of them, as payments are actually received, from Leucadia and
Encinitas, to pay for their respective shares of the cost of con-
structing the Phase IIA expansion. Solely for the purposes of this
provision, such excess shall be calculated on the basis of the
amount of the construction contracts for the Phase II expansion,
plus thirty (30%) percent thereof for engineering, incidentals, and
contingencies. The maximum amount that may be so utilized by each
of such parties shall be equal to the following respective per-
centages of the total excess, as so calculated: Vista: 31.28%;
Carlsbad: 24.92%; and San Marcos: 4.78%, and such amounts are
presently estimated to equal the following: Vista: $160,000;
Carlsbad: $127,500; San Marcos: $24,600.
The following percentages of the excess of the buy-in monies
paid by Leucadia and Encinitas pursuant to Section 5 of such Supple-
ment over the construction costs of the Phase II expansion, and
claimed as follows: San Marcos: 9.58%; Buena: 4 . 43% i Leucadia :
12.82%; Encinitas: 10.26%, are in dispute and shall be set aside
and not expended until an agreement for the Phase III expansion
settling such dispute is approved by all parties hereto. Such amoun
are presently estimated to equal the following: San Marcos: $49,900
Buena: $22,720; Leucadia: $65,700; Encinitas: $52,500.
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Section 7. Monetary Credits to be Utilized. Excess buy-in
monies credited to any of the parties hereto or permitted to be
utilized pursuant to the provisions of Section 6 above, shall be
utilized to satisfy, to the extent of such monies, their respective
monetary obligations imposed by Section 4 hereof, and Vista.is direc
to make the appropriate disbursements thereof to San Marcos in order
to comply with the provisions of this section.
Section 8. Substitution of New Unit.I Schedule of Exhibit "C"
Upon completion of Phase IIA expansion, there shall be substituted
in the place of the Unit I schedule of Exhibit "C" attached to the
Agreements dated July 13, 1961, January 6, 1964, March 22, 1965,
and August 16, 1971, a new Unit I schedule, a copy of which is at-
tached hereto as Exhibit "2" and made a part hereof.
Section 9. Effect of Sixth Supplement. The July 13, 1961
Basic Agreement shall continue in full force and effect as modified
and supplemented by the other Agreements listed in Recitals Para-
graph A and by this Agreement.
Section 10. Termination. Any party hereto may terminate this
Agreement upon ninety (90) days' written notice to the other parties
if construction of the joint project has not commenced-by January 1,
1974.
Section 11. Counterparts,. This Agreement may be executed in
counterparts, and upon execution thereof by all of the parties set
forth on Page 1 hereof, each such counterpart shall be deemed to be
an original.
IN WITNESS WHEREOF, each party hereto has caused this Sixth
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Supplement to Basic Agreement to be signed by its respective offi-
cials heretofore duly authorized by the legislative bodies thereof,
Approved by Resolution No.
on ,
1973.
Approved by Resolution No.
on
1973.
Approved by Resolution No. '
on
1973.
Approved by Resolution No.
on
1973.
Approved by Resolution No.
on
1973.
Approved by Resolution No.
on ,
1973.
VISTA SANITATION DISTRICT
By:Chairman
CITY OF CARLSBAD
By:Mayor
BUENA SANITATION DISTRICT
By: Clerk, Board of Supervisors
SAN MARCOS COUNTY WATER DISTRICT
By:President
By:Secretary
LEUCADIA COUNTY WATER DISTRICT
By:President
By:Secretary
ENCINITAS SANITARY DISTRICT
By:
By:
President
Secretary
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!
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Party
Vista
Carlsbad
Buena
San Marcos
Leucadia
Encinitas
/•ox*
w
Capacity
. Exhibit "1"
TABLE I
Rights and Cost Sharing
Share • of
Capacity Rights Capacity Rights • Phase IIA
After Phase II After Phase IIA Increase Costs
3.05
2.43
0.62'
1.40
1.25
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4.05 1.00
3.43 1.00
0.62 -0-
2.40 1.00
2.25 1.00
1.00 -0-
9.75 MGD . ' 13.75 MG.D 4.00
Party
Receiving
Payment
Vista
Carlsbad
Buena
San Marcos
Leucadia
Encinitas
Total:
Payment and
To Be
Paid By
Carlsbad
$ 185
-0-
188
-0-
-0-
304
$677
TABLE II .
Allocation of Buy-In Monies
To Be To Be
Paid -By Paid By
San Marcos Leucadia
$19,059 $ 21,834
-0- -0-
19,372 22,194
-0- -0-
-0- . -0-
31,304 35,863
$69,735 $79,891
Exhibit "1"
25%
. 25%
- -0-
25%
25%
-o-
MGD 100.00%
Total
$ 41,078
-0-
41,754
-0-
-0-
67,471
$150,303
1
2
5
4
5
6
V
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
•24
25
26
27
28
X**
'w
'
(
(
ENCINA
!
|
Party
Design Capacity of
Unit I. in MGD
Vista
Carlsbad
Buena
San Marcos
Leucadia
Encinitas
•,.,,/
Exhibit "2"
UNIT I
WATER POLLUTION CONTROL FACILITY
Capacity Rights Capacity Rights
After After
Phase II Expansion Phase IIA Expansion
9.75 MGD ' 13.75 MGD
3.05 4.05
'2-. 43 3.43
0.62 0.62
1.40 2.40
1.25 2.25
1.00 1.00
Percent Capacity in
Unit I
Vista
Carlsbad
Buena
San Marcos
Leucadia
Encinitas
31.28% 29.46%
24.92% 24.95%
6.36% 4.51%
14.36% 17.45%
12.82% 16.36%
10.26% 7.27%
100.00% 100.00%
Exhibit "2"
Q<ea
O u. %5° iio > > o2 i- $ u.
""si»• •
It
O
cr<o
3
41
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RESOLUTION NO. 3224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
MAYOR TO EXECUTE THE SIXTH SUPPLEMENT TO THE
BASIC AGREEMENT FOR THE ENCINA JOINT SEWER
SYSTEM TO PROVIDE FOR AN INTERIM EXPANSION
OF SAID SYSTEM
Tha City Council of the City of Carlsbad does hereby
resolve as follows:
That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute on behalf of
the City that certain Agreement entitled the, "Sixth
Supplement to Basic Agreement to Provide for Interim
Expansion of Encina Water Pollution Control Facility."
Said Agreement in a form on file in the office of the
City Clerk and incorporated by reference herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held
the 18th day of September 1973, by the following vote,
to wit:
AYES: Councilmen Dunne, Lewis and Chase
NOES: None
ABSENT: Councilmen McComas and Frazee
DUiYNE, Mayor
ATTEST:
MflRGAR^T E. ADAMS y Clerk
i(seal)