Loading...
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. V '"''•• • • 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. 1 2 3 DISCHARGE INTO JOINT SEWER SYSTEM 4 5 6 7 8 9 10 11 12 13 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 - 1 - 1 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 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /*•*•• ,-*•*., 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: - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~ J "* 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 4 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 '• ! 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. 8 Q 10 11 I2 13 14 15 16 17 18 19 20 21 22 ^23 Vs 24 25 26 27 28 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 _ 4 _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEUCADIA COUNTY WATER DISTRICT Approved by Resolution No.on By Approved by Resolution No.on ENCINITAS SANITARY DISTRICT By By - 5 - CO3*<->o Ou.Q O o £ CO_lcc 1 2 3 4 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. 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 '• ^ 1 (SEAL) jf'