HomeMy WebLinkAbout1975-01-21; City Council; 3278; Joint Sewer system Encinitas and LeucadiaTHE CITY OF CARLSBAD, CALIFORNIA
'jfgen<ta Bill Mo. C. D?* > pate Jan. 21, 1975
Referred To:
Subject : Submitted By:
Agreement for connection to and discharge into Public Works
Joint Sewer system by Encinitas Sanitary District Administrator
and Leupadia County Water District
Statement of. the Matter
Due to non-availability of manufactured parts, the estimated completion
of Phase II and IIA of the Encina Water Pollution Control Facility will
not be until some time in March, 1975. This has imposed a hardship on
Encinitas Sanitary District and Leucadia County Water District, who
have no legal capacity in the facility until the completion of the _
construction. However, portions of the completed facility are avail-
able for use.
The Joint Advisory Committee has recommended that an amendment be made
to the existing agreements to allow Leucadia and Encinitas to tie-in to
the completed portions of Phases II and IIA prior to completion of the
entire project.
Exhibit
1. Staff report to City Manager from Public Works Admin, dated Jan. 9, 1975
2. Agreement f'o'r connection to and discharge into joint sewer system.
3. Resolution No*3$10approving agreement.
Staff Recommendations
It is staff's recommendation that the City Council authorize execution
of this agreement, approve the agreement and adopt Resolution N
AB NO.Pate: Jan. 21, 1975'
City Manager's Recommendation
Concur with staff recommendation.
Council Action . .
7-21-75'- Resolution #3578 was adopted, approving agreement for connection
to and discharge into Joint Sewer System by Encinitas Sanitary
District and Leucadia County Water District.
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REPORT
January 9, 1975
TO: City Manager
FROM: Public Works Administrator
SUBJECT: Agreement for connection to and discharge into
joint sewer system
Attached is a copy of the referenced agreement. Upon action
of the Joint Advisory Committee, the district's general counsel
has been authorized to prepare this agreement and send it to
the member agencies for their ratification.
The reason for the agreement at this time is due to the fact
that Encinitas Sanitary District and Leucadia County Water
District have no legal capacity in the Encina facility until
completion of Phase II and/or IIA. Delay in completion is
due to non-availability of manufactured parts. Current
estimates indicate that the total completed facility will
be on-line some time in March. In the meantime, portions
of the constructed facility are available for use and we
are advised by our operator, the County Sanitation District,
that such operation will not have any detrimental affect.
It is, therefore, the Joint Advisory Committee's recommendation
that we amend the existing agreements to allow Leucadia and
Encinitas to tie-in to those completed portions of Phases II
and IIA prior to completion of the entire project.
It is staff's recommendation that the City Council authorize
execution of this agreement.
Ronald A. Beckman
RAB/de
attach.
VISTA SANITATION DISTRICT PHONE 726.13*0
P. O. BOX 188 • 200 W. BROADWAY • VISTA. CALIFORNIA 92O83
January 6, 1975.
Re: Agreement for Connection and Discharge by Leucadia
and Encinitas
We have revised the AGREEMENT FOR CONNECTION TO AND DIS-
CHARGE INTO JOINT SEWER SYSTEM previously sent to you on
December 30, 1974, and enclose a copy herewith. The changes
which have been made reflect the fact that the Encinitas
Sanitary District is not participating in the Phase IIA
enlargement. That results in the position of that District
and the Leucadia County Water District being different.
We believe that the agreement is now in such form that
it may be forwarded to your respective boards and councils
for consideration and action thereon. If any participant is
disinclined to approve the agreement, please advise Chuck
Oldsen or the undersigned immediately in order that unneces-
sary action by other boards and councils may b:- avoided.
Thank for your co-operation.
Very truly yours,
PBP/jd PAUL B. PRESSMAN
General Counsel
att.
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AGREEMENT FOR CONNECTION TO AND
This Agreement made and entered into as of the 1st day of
January, 1975, by'and among the VISTA SANITATION DISTRICT, a
county sanitation district, the CITY OF CARLSBAD, a municipal
corporation, BUENA SANITATION DISTRICT, a county sanitation dis-
trict, the SAN MARCOS COUNTY WATER DISTRICT, a county water dis-
trict, LEUCADIA COUNTY WATER DISTRICT, a county water district,
and ENCINITAS SANITARY DISTRICT, a sanitary district, hereinafter
collectively referred to as "the parties".
RECITALS
14 A. The parties are parties to a Basic Agreement for con-
15 struction and operation of a Joint Sewer System, as amended, sup-
16 plemented and modified (hereinafter referred to as "Basic Agree-
17 ment").
18 B. The parties have heretofore entered into the Fifth
19 Supplement to the Basic Agreement to provide for participation by
20 LEUCADIA COUNTY WATER DISTRICT and ENCINITAS SANITARY DISTRICT,
21 and providing for the enlargement of Unit I and the extension of
22 Unit J, designated Phase II.
23 c. The parties subsequently entered into the Sixth Supple-
24 ment to the Basic Agreement to provide for interim expansion of
25 Encina Water Pollution Control Facility, providing for a further
26 enlargement of Unit I, designated Phase IIA, and affecting certain
27 provisions of the Third Supplement to the Basic Agreement between
28 VISTA SANITATION DISTRICT and the CITY OF CARLSBAD for Acquisition
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and Construction of a Joint Sewer System, and said Fifth Supplement.
D. The parties subsequently entered into the Seventh Supple-
ment 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, which, among other things, amends, modi-
fies and rescinds portions of said Fifth and Sixth Supplements.
E. Pursuant to said Basic Agreement, the LEUCADIA COUNTY
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WATER DISTRICT and the ENCINITAS SANITARY DISTRICT are each
entitled to capacity rights in the Encina Water Pollution Control
Facility only upon completion of Phase II, and the LEUCADIA COUNTY
WATER DISTRICT is entitled to further capacity rights therein only
upon the completion of Phase IIA.
F. Completion of a portion of Phases II and IIA has been
delayed by a temporary unavailability of certain equipment.
G. Units I and J have the capability, according to the
system's engineer, to accommodate sewage flow from the LEUCADIA
COUNTY WATER DISTRICT and the ENCINITAS SANITARY DISTRICT prior
to the completion of Phases II and IIA.
H. The LEUCADIA COUNTY WATER DISTRICT and the ENCINITAS
SANITARY DISTRICT have immediate need to discharge sewage into the
Encina Water Pollution Control Facility up to the amounts of their
respective capacities as they will exist after the completion of
Phases II and IIA.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO
AGREE AS FOLLOWS:
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Section 1. Notwithstanding any provisions in the Basic Agree--
ment to the contrary, the LEUCADIA COUNTY WATER DISTRICT and the
ENCINITAS SANITARY DISTRICT may each forthwith connect to the
Joint Sewer System and discharge sewage into the Encina Water
Pollution Control Facility up to an average daily flow, as follows:
LEUCADIA COUNTY WATER DISTRICT
ENCINITAS SANITARY DISTRICT
2.25 MGD
1.00 MGD
Section 2. The LEUCADIA COUNTY WATER DISTRICT and the
ENCINITAS SANITARY DISTRICT shall each forthwith, upon commence-
ment of discharge of sewage provided for by this Agreement, pay
their share of operating and maintenance expenses for the first
quarter of 1975 in the manner and amount determined by the pro-
visions of Section 17.3 of the Basic Agreement between VISTA
SANITATION DISTRICT and the CITY OF CARLSBAD for Acquisition and
Construction of a Joint Sewer System, dated July 13, 1961.
Section 3. The LEUCADIA COUNTY WATER DISTRICT and the
ENCINITAS SANITARY DISTRICT each hereby agree to maintain their
existing sewage treatment facilities in operable condition until
the completion of Phase II, and LEUCADIA COUNTY WATER DISTRICT
further so agrees until the completion of Phase IIA. They each
further agree that upon demand of any of the remaining parties
hereto at any time while so obligated to maintain their existing
sewage treatment facilities in operable condition, they shall
forthwith discontinue the discharge of sewage into the Joint
Sewer System in excess of the amount stated in such demand.
During any such periods of ordered discontinuance of discharge,
no payment of their respective•shares of operating and maintenance
expenses shall be required.
Section 4. The provisions of this Agreement shall not
affect the rights and liabilities, if any, of the parties hereto
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pursuant to that certain AGREEMENT FOR INTERIM CONNECTION BY
LEUCADIA COUNTY WATER DISTRICT, dated July 7, 1970, and all Supple
ments thereto; it being the intention of the parties hereto that
all rights and liabilities created by this Agreement are over and
above and separate and distinct from those created by said prior
AGREEMENT FOR INTERIM CONNECTION BY LEUCADIA COUNTY WATER DISTRICT
Section 5. 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 AGREE-
MENT FOR CONNECTION TO AND DISCHARGE INTO THE JOINT SEWER SYSTEM
to be signed by its respective officials heretofore duly author-
ized by the legislative bodies thereof.
. VISTA SANITATION DISTRICT
Approved by Resolution
No. on By
Approved by Resolution
No. on
CITY OF CARLSBAD
By
Approved by Resolution
No. on
Approved by Roll Call Vote
on
BUENA SANITATION DISTRICT
By
SAN MARCOS COUNTY WATER DISTRICT
By
By
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I pursuant. ^l'.hat certain AGREEMENT v .INTERIM CONNECTION
3pLEUCADIA COUNTY WATER DISTRICT, dated July 7, 1970, and all Supple-
4|iments thereto; it being the intention of the parties hereto that j
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BJUll rights and--liabilities created by .this Agreement are over and ;.
ji
6 ,j above and separate and distinct from those created by said prior
'AGREEMENT FOR INTERIM CONNECTION BY .LEUCADIA COUNTY WATER DISTRICT1
Section,5. 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 AGREE-
MENT FOR CONNECTION TO AND DISCHARGE INTO THE JOINT SEWER SYSTEM
to be signed by its respective officials heretofore duly author-
|ized by the legislative bodies thereof.
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Approved by Resolution
No. on .
VISTA SANITATION DISTRICT
By ; '_
Approved by Resolution
No. 3578 on 1/21/75 •
Approved by Resolution
No. on ,
Approved by Roll Call Vote
on . ,
BDENA SANITATION- DISTRICT
By • . •
SAN MARCOS COUNTY WATER DISTRICT j
By
By
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LEUCADIA COUNTY WATER DISTRICT
Approved by Resolution
No.on
By
Approved by Resolution
No.on
ENCINITAS SANITARY DISTRICT
By
By
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CO_lcc
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RESOLUTION NO. 3578
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT AMONG VISTA SANITATION DISTRICT,
CITY OF CARLSBAD, BUENA SANITATION DISTRICT,
SAN MARCOS COUNTY WATER DISTRICT, LEUCADIA
COUNTY WATER DISTRICT, ENCINITAS SANITARY
DISTRICT FOR CONNECTION TO AND DISCHARGE
INTO JOINT SEWER SYSTEM BY ENCINITAS
SANITARY DISTRICT AND LEUCADIA COUNTY WATER
DISTRICT AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That that certain agreement among Vista Sanitation
District, City of Carlsbad, Buena Sanitation District, San Marcos
County Water District, Leucadia County Water District, and Encin-
itas Sanitary District for connection to and discharge into Joint
Sewer System by Encinitas Sanitary District and Leucadia County
Water District, a copy of which is attached hereto as Exhibit A
and incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
21st day of January , 1975, by the following vote, to wit:
AYES: Councilmen Frazee, Chase and Lewis
NOES: Councilman Skotnicki
ABSENT: None •1
ROBERT C. FRAZEE, /Mayor'
ATTEST :
MARGARET E. ADAMS ,f City Clerk
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(SEAL)
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