HomeMy WebLinkAbout1974-05-07; City Council; 2237-1; Seventh Supplement to Basic Joint Sewer Agreement"7l"\ .. • -^ r\ '^7-
T H S ' C I T Y\^ OF CARLSBAD C .A L • I F' 0 R X I A
Agenda Bill No. 2237 Supplement No. 1 Date: May 7" 1974
deferred To:
Subject: Submitted By:
Seventh Supplement to the Basic . .
Joint Sewer Agreement Public Works Administrator
Statement of the Jfatter
A draft agreement was approved on Tuesday, April 30, 1974,
by the Joint Advisory Committee with a recommendation that
it be executed by each of the owner agencies.
Generally, the Seventh Supplement provides for the completion
of Phase II and IIA and the preliminary engineering study
'of Phase III, and authorizes Vista.to act as administrator
of the joint project to contract with Brown and Caldwell,
Consulting Engineers, for engineering services.
This also brings Leucadia and Encinitas Districts in as
full voting members of the Joint Advisory Committee and
owners^of the system.
Exhibit
Seventh Supplement to Basic Joint Sewer Agreement
Staff Recommendations to the City Manager
See City Manager recommendations.
c z
2237 Supplement No. 1 Date: MaY 1'' 1974
City Manager's Recommendation
Approve by minute action and refer to the staff for preparation
of the necessary resolution.
Councilman Chase will give an oral report concerning
negotiations leading up to the Advisory Committee
Agreement of the supplement.
Council Action
-7- 7/ CONTINUE TO
5-9-74 The Seventh supplement to the Basic Joint Sewer Agreement was accepted
and referred to the staff for preparation of documents authorizing
execution of the agreement.
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SEVENTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR (1) PHASE III ENLARGEMENT
OF ENCINA WATER POLLUTION CONTROL FACILITY,
(2) OWNERSHIP RIGHTS, (3) DISTRIBUTION OF
BUY-IN MONIES, AND (4) PARTICIPATION IN
THE JOINT ADVISORY COMMITTEE
This.Seventh Supplement to Basic Agreement is made and
entered into as of the 1st day of May, 1974, by and among:
VISTA SANITATION DISTRICT ("Vista"), a county sanitation
district, whose governing board is the City Council of the
City of Vista;
CITY OF CARLSBAD ("Carlsbad"), a municipal corporation; '
BUENA SANITATION DISTRICT ("Buena"), a county sanitation
district whose governing board is the Board of Supervisors
of San Diego County;
SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county
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water district;
LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water
district; and
ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary
district.
RECITALS.
A. Vista, Carlsbad, Buena and San Marcos own and operate
a Joint Sewer System, including the Encina Water Pollution
Control Facility and Ocean Outfall (and related facilities)
pursuant to the following agreements:
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F:':i rs-i; P;!1;?~3leinent to J3a.s-i.c Agrtlc~!1<?11 t ,
At~-l:hc):-f r::i 1, Vi.s ta to App1.y for Fc:dc:~-sl
(;.rail t s . I
S<:c,ond S~;py:l.enlent to l3asS.c Agl-t"e!nr.l-iJc
13e-Lv.loc:n \Ili.st.a f3a11i-ta.ti.on D:',str:ic-:, :I:-td
t;hc Ci.ty oi' Ca~'l~sba.6 for hcquli.:;j j j.i,ll
2 j~i"LC:~)ii st.ruct ion of the Joinl; Sc:vv(!?: , Systelil. I
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Suppl.c~en.I;al Agreement (Xo. I.) 'LC) !
U:rs:i.c: Jgr.ec!nenl; Between Vista Sa!li.-- !
tation Dir.;ti-j ct; and City of Carl.,c;l~ad
f 01. iiccjul.si t ton alirZ ('o~istruct i.ou o:I: :
Joj !~t Sys twn, for Purpose of All-o-
cat i.ng I?:i~~cls Rec,eivcd f roil1 Federal
Goverrl~ren t . I
First fiinc-:n clment to Jhsic flgreeme~i t
netivcen Vri s-ta Sa11it;xt ion Ili strict x.nci
the City of Carlsbxd for Acquisition
~.nd Co1-t~-trr!ci;j.m. of a Joi~lt Se%,~el- I Sys-tan. I I
1 Second Ainendinen'i l;o Basic Agreemen-t I
L3e"ivecli Vi t:tn S:t.n.it;\i;ion Distrri.ct u~lti ;
the Cj.1.)~ 07:' C'R~.'IS~~.C$ for i?cqui.:?< .ti On
alicl COI.~.C;~;~UC~ io!~ of a Jo:i.rlt Seae:.
Sys t c.:!? . I
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~~~~~~d Sugpl exen t to Basic Agi.eeir:ilni
Ect~vc-el; TJ i stn Sznil;;tt-io~~ 1)i s'i"t-ic:t ::11d
the Cj.1 y of Carl sl32d for .Qcclui :>i 1 ion I
and Colt:; ~?'uct,Xon o l :t Joi 11 t, :jci~;cr I
Sysicm ( "Th ird Sup1)lcrnent" ) . 1
ki~;i~c:en~cl:i?l, 13~L~<ccil Cot?il-l;y of S::I> l):i.tfp;(>,
and C1i.i; y o.C Ca~:lsbacl , Vista SLL~I j 1;:l.l. ior;
Distri.ci. a.r;ci Eucns S;:11ita.i.i01l 1)j:;l;ri~::
for the' 0pcr:tt ion of the Joirl-l; Sy::1;(!rn.,
I figrc?c1[1e:12. 13ct\vcci1 13iac11 a Snnit:~t ion
l)ist,rict anti City of Carlsbad for. I
1,e:~sc by Carl sl~~~d ol Capac.i ty in 1,llo
E:i~ci 11:; (!ui i 1 o F t.hc1 J3uc.na Sulli t ;i t ion
l)j s1.j-i c t , l or 1,c:i sc bj' Uuck11:i Lo C:I I I :,--
h:~d 01 I)c, i ::n;~Lcd Ci11~:lcity j IJ Lllc
11:nc:j 11% Oii"l,rl':il 1 .
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DATE
(10) June 19, 1967
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(11) January 1, 1970
i (12) July 7, 1970
(13) December 1, 1970
I (14) February 16, 1971
|| (15) August 17, 1971
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! (16) August 17, 1971
| (17) July 5, 1972
(18) May 1, 1973
(19) October 2, 1973
(20) October 3, 1973
TITLE
Agreement Between Buena Sanitation
District and San Marcos County Water
District for Lease by San Marcos of
Capacity in Buena Sanitation Dis-
trict's Encina Outfall Sewer Line.
Fourth Supplement to Basic Agreement
Between Vista Sanitation District,
City of Carlsbad, Buena Sanitation
District and San Marcos County Water
District re Construction of an Enlarge:-
ment to the Encina Water Pollution
Control Facilities of the Joint System,
Authorizing Vista to Apply for and i
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. I
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Fifth Supplement to Basic Agreement j
to Provide for Participation by j
Leucadia County Water District and !
Encinitas Sanitary District ("Fifth j
Supplement"). . |
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Third Amendment to Basic Agreement
Between Vista Sanitation District and
City of Carlsbad for Acquisition and
Construction of Joint Sewer System.
Agreement for Temporary Connection by
City of Oceanside.
Agreement Between the City of Carls-
bad, Vista Sanitation District, Buenaj
Sanitation District, and San Marcos ;
County Water- District for Legal j
(Services. j
Second Supplement to Agreement for |
Interim Connection by Leucadia County\
Water District.- j
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Sixth "Supplement to Basic Agreement j
to Provide for Interim Expansion of ;
Encina Water Pollution Control
Facility ("Sixth Supplement").
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B. An enlargement of the Encina Water Pollution Control
Facility (Unit I) and an extension of the Ocean Outfall (Unit J),
known as Phase II, is currently under construction providing for
an increase in the capacity of such Unit I of 3 MOD, from 6.75
MGD to 9.75 MGD, and a further expansion of Unit I, known as
Phase IIA, of an additional 4 MGD from 9.75 MGD to 13.75 MGD is
also currently under construction.
C. A further enlargement of Unit I, known as Phase III,
planned to be commenced in 1975, is necessary to meet further
flowage demands of the parties hereto, and environmental pro-
tection requirements of applicable regulatory bodies.
D. It is necessary to contract for engineering services to
plan and design the Phase III Enlargement.
E. It is desirable to include Leucadia and Encinitas as
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full participants in the ownership and operation of the Joint,
Sewer System.
F. It is desirable to provide for settlement of a dispute
relating to distribution of excess buy-in monies arising out of
the Fifth Supplement and the Phase II Expansion.
G. It is desirable to include Leucadia and Encinitas as
full participants and members of the Joint Advisory Committee.
II. This Seventh Supplement to Basic Agreement i~s made pur-
suant 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 the joint exercise of
powers common to all public agencies; in this case being Vista,
Carlsbad, Buena, San Marcos, Leucadia and Encinitas, each of
which is authorized to contract with the others pursuant thereto.
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NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO
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3 ij AGREE AS FOLLOWS:
4 i Section 1. Phase III Enlargement of Unit I
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5|i The Enc.ina Water Pollution Control Facility shall be enlargedIj . '
61| and improved to meet future flowage demands of the parties hereto,
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| and environmental) protection requirements of applicable regulatory'
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jj bodies, and such shall hereafter be referred to as the Phase III
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^ |i Enlargement.
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1°|| Section 2. Joint Project
. . i! The Phase III Enlargement shall be a joint project of Vista,i
'Carlsbad, Buena, San Marcos, Leucadia and Encinitas. Vista is
Thereby appointed as the administrator of the joint project and is
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!hereby authorized to contract with Brown and Caldwell, Consulting
15 ij Engineers, for engineering services as hereinafter provided, and
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|to prepare and file on behalf of the parties appropriate applica-
17||tions and other documents for approval of the joint project and
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12 ipossible grants in aid under state and federal laws and regulationsiIVista shall also cause to be prepared by such contract for |
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engineering, services, the environmental impact report for the
^ JJ Phase III Enlargement as the lead agency, pursuant to the pro-
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22 jj visions of Section 21165 of the Public Resources Code of the
23 iState of California.
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24 Section 3. Engineering Services
25 i The engineering services to be furnished by Brown and
26 Caldwell pursuant to the contract authorized hereunder shall
27 |; include the following:
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^ .(1) Preliminary engineering;
(2) Preparation of a project report, including sewer
system infiltration and inflow analysis;
4!J (3) Preparation of an environmental impact report, inclxiding I
5 I public hearing and any supplemental reports as may be
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G|| required;
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(4) Development of a revenue program and financial plan;
and if the former are approved by the parties hereto,
then, in addition:
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specifications and office engineering during construc-
tion;
(6) Preparation of operation and maintenance manuals; and
(.7) Miscellaneous engineering services.
15 ij Section 4. Payment for Cost of Engineering Services
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The parties hereto shall advance to Vista the costs of such
engineering services contracted for by Vista as provided herein,
in the following proportions: Vista, 29.46%; Carlsbad, 24.95%;
Buena, 4.51%; San Marcos, 17.45%; Leucadia, 16.36%; and Encinitas,
7.27%. However, the ultimate liability of each of the parties
hereto for the costs of such engineering services shall be equal
to the total cost of such engineering services multiplied by the
respective percentages of capacity each will be entitled to in
Unit I at the conclusion of the Phase III Enlargement as deter-
mined by the approval of all parties hereto of the reports and
plans to be provided pursuant to paragraphs (1) through (4) of
I Section 3 of this Agreement. The parties hereto shall advance to
I Vista forthwith, as administrator,' for the engineering services
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c1 1 i described in paragraphs (1) through (4) of Section 3 of this
Agreement, a total of Fifty-five Thousand Dollars ($55,000.00)
'in the respective proportions set forth in the first sentence
of this Section 4. Thereafter, each party hereto shall pay Vista,
5jjas administrator, for the engineering services described in para-
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Gj! graphs (5) through (7) of Section 3 of this Agreement, upon
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written demands forwarded to them by Vista. Such demands will be
forwarded and such payments s.hall be made at such times as will
enable Vista to pay for the costs of such services in accordance
with the contract with .Brown and Caldwell. Vista shall be
strictly accountable to all the parties hereto for all funds
121| received by it pursuant to this Agreement, and sha.ll maintain
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adequate records of all receipts and disbursements pursuant hereto:i
Section 5. S t_atu s o f Louc ad i a a'ri d E n c i n i t as, and Ownership
Rights |i
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As provided in Section 1 of the Fifth Supplement, Leucadia j
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and Encinitas have become parties to the agreements described in I
recitals paragraphs A(l), (3), (5), (6), (7), (8), (12), (13),
(14), (17), (18) and (19) of this Agreement, shall be bound
i thereby, and shall have all the benefits thereof, and notwith-
standing the provisions of Section 9 of the Fifth Supplement, upon
completion of the Unit I Enlargement and the Unit J Extension
23 j| provided for by the Fifth Supplement, arid the Phase IIA ExpansionI
24 j! provided for by the Sixth Supplement, and the payment by all
25 j parties hereto of the amounts required to be paid by the provi-
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26 j sions of both such supplements, each party hereto shall have
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27 j capacity rights in Unit I to the extent, set forth in the Sixth
28 Supplement, and capacity rights in Unit"J to the extent set
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forth in the Fifth Suppl
shall own and hold title
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^eiaent , and in addition thereto, each
to those units
provided for by the Basic Agreement as
by the agreements set forth in Recital
portions that they have•capacity rightsi
ownership and capacity, rights in Unit I
PARTY
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Vista
Carlsbad
Euena
i San Marcos
Leucadia
Encinitas
TOTAL :
and in Unit J, shall be
Vista
Carlsbad
Buena
San Marcos
Leucadia
Encinitas
TOTAL :
Page two of Exhibit
hereby rescinded to the
table.
//
OWNERSHIP AND
AFTER PHASE
MGD
4.05
3.43
0.62
2.40
2.25
1.00
13.75
as follows:
6.34
10.89
4.94
6.33
6.33.
3.17
38.00
of the Joint Sewer System
supplemented, and amended
A above, in the same pro-
in such units, i.e.
shall be as follows:
CAPACITY RIGHTS
IIA EXPANSION
Percentage
29.46%
24.95%
4.51%
17.45%
16.36%
7.27%
100.00%
f
16.67%
28 . 66%
13.00%
16.67%
16.67%
8 . 33%
100.00%
"B" attached to the Fifth Supplement is
extent it is in
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conflict with the above
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Section 6 . Set tie me nt_ojL.']2i s Pi1 \*L
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There are disputed questions of law and fact with regard to
the proper interpretation of the language of Section 4(F) of the
Fifth Supplement as acknowledged in Section 6(B) of the Sixth
Supplement, and the parties hereto, in order to avoid the time,
6! expense and risks of litigating or arbitrating said dispute, have
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i settled, same among themselves. As a result of such settlement,
8 s the parties hereto hereby agree that Section 4(F) of the Fifth
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3 i Supplement is hereby amended to read as follows:
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10 I "(F) Upon completion of construction of the Unit I
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11 Enlargement and the Unit J Extension, it. is estimated that
12 the portion of the buy-in monies pai'd by Leucadia and
13 | Encinitas pursuant to this Agreement (the Fifth Supplement)
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14 j in excess of the amount required to pay the other parties'
15 j shares for constructing (including engineering design fees
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16 ] and inspection) the Unit I Enlargement and the Unit Ji
17 Extension, will aggregate approximately $513,600, of which
18 | $323,000 is owned by and shall be credited respectively to
19 Vista, Carlsbad, Buena, and San Marcos, as follows:
20 Vista $160,000
21j Carlsbad 128,000
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22 Buena 10,000
23 i San Marcos 25,000, j
24 and may be utilized by each of-them, as payments are actually
or '^J received from Leucadia and Encinitas, to pay for their res- j
I ' • '26 j pective shares of the cost of construction of expansions
27 | (after Phase II) of Unit I.
28 The balance of such estimated.excess, $190,600, is
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owned by and shall be credited respectively to each of the
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parties hereto in the amounts and in accordance with the
percentages thereof •,
Vista
Carlsbad
Buena
.San Marcos
Leucadia
Encinitas
TOTAL
and shall be held in
fund to be used for
to Unit I or Unit J
as follows :
Amount Percentage
$ 56,000 29.46%
47,600 ' 24.95%
8,600 4.51%
33,300 17.45%
31,200 16.36%'
13,900 7.27%
: $190,600 . 100.00%;
trust by Vista in a capital improvement
enlargements or improvements, or both,
after Phase II. If, after actual corn-
pletion of the construction of the Unit I Enlargement and
the Unit J Extension
ance of such excess
, it is determined that the actual bal-
of buy-in monies paid by Leucadia and
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Encinitas is in an amount other than said sum of $190,600, i
then the actual bala
$323, 000 is owned by
each of such parties
sum of $190,600, and
purposes . "
As a further result
nee of such excess over said sum of ;i
and shall be credited respectively to
in the same proportions as was said
similarly held in trust for such
of such settlement, Section 6(B) of the
Sixth Supplement is hereby rescinded to the extent that it is i
in conflict with Section
amended hereby.
Except as expressly
4(F) of the Fifth Supplement, as
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set forth herein, each of the parties
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'el.eases each of the otheS^arties hereto from any
r.nd all claims each such party may have to buy-in monies paid by
Leucadia or Encinitas pursuant to the provisions of the Fifth
Supplement.
Section 7. Joint Advisory Committee
Section 10 of the Fifth SuppJement is hereby rescinded, and
i! Sect ion 17.2 of the Basic Agreement, as amended by Section 14 of
ji the Third Supplement, is hereby further amended to read as
Ql follows:
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- "Section 17.2. JOINT ADVISORY COMMITTEE
Vista, Carlsbad, Buena, San Marcos, Leucadia and
Encinitas hereby agree that there shall be appointed an
advisory committee consisting of two representatives of
each party to this agreement appointed by the governing
body of such party. Such governing body shall also
appoint an alternate for each such representative who
shall act as a representative of the party in the
temporary absence of the representative. The repre-
sentatives and alternates so appointed may, but need
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not, be members of the governing body of the party they
represent. Said committee shall be known as the 'Joint
Advisory Committee' and its powers, duties and functions
shall be as follows:
1. To review the operation and maintenance of the
or !l Joint System, including the cost thereof, and make
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reports and recommendations to the governing bodies
of the parties to this Agreement and to the Operator.
2. Review and make recommendations to the governing
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S^iK . SHUT '1 i , bodies of the parties to this ^Tgreement with
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2 respect to any proposed expansion, enlargements
3 or modifications of the Joint System or any
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4 i portion thereof.
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5| 3. To adopt rules and regulations for the place, time
6j and conduct of its meetings, to elect one of its
1 \ members chairman and appoint a secretary and to
8i! cause minutes to be kept of each of its meetings
9 including all actions taken by it.
10 i 4. - To render such reports and recommendations and per-i
11 form such other duties relative to the maintenance
12 ' and operation of the Joint System as may be directed
13 j by the governing bodies of the parties to this
14 Agreement from time-to time.
15jj The total vote of all members of the Joint Advisory
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Committee shall be 100%. When voting on a matter involving
17 j the treatment plant (Unit I) or the Ocean Outfall (Unit J)
18 j each member shall have a percentage of vote equal to one-
half of the percentage of capacity o'f the party he represents
in the unit involved. Where a representative of a party to
21 this Agreement is temporarily absent, his alternate shall
221| cast the vote of the absent representative.
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23: The recommendations of the Joint Advisory Committee
24 shall be advisory only.
25 The Administrator shall provide supplies and clerical
26 and secretarial help for the Joint Advisory Committee, and
27 shall pay each representative (or alternate who attends aI
28! meeting by reason of the temporary absence of a representa-
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tive) an attendance fee of Twenty-five Dollars ($25.00) for
each meeting of the Joint Advisory Committee attended, pro-
vided that the maximum payable hereunder to any one person
is Fifty Dollars ($50.00) for each calendar month. The
costs of such supplies and help, and attendance fees, shall
constitute a part of the total expense of maintaining and
operating the Joint System and shall be paid as hereinafter
specified."
Section 8. 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
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Chairman
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Seventh Supplement to Basic Agreement to be signed by its res-
! pective officials heretofore duly authorized by the legislative
bodies thereof.
Approved by Resolution
No. on
VISTA SANITATION DISTRICT
By
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Approved by Resolution
No . on23
CITY OF CARLSBAD
Mayor
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Approved by Resolution
No. on
BUENA SANITATION DISTRICT
By
Clerk, Board of Supervisors
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Approved by Resolution
No. on
Approved by Resolution
No. on
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Approved by Resolution
No. on
SAN MARCOS COUNTY WATER DISTRICT i
By
President
By
Secretary
LEUCADIA COUNTY WATER DISTRICT
President
By
Secretary
ENCINITAS SANITARY DISTRICT
By
President
By
Secretary
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