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HomeMy WebLinkAbout1975-03-04; City Council; 3311; Encina water pollution control agreementTHE CITY OF CARLSBAD, CALIFORNIA <*V Agenda Bill No. ^g)// Date March 4, 1975 Referred To: Subject: ' ~ ~ • Submi tted By: Joint Advisory Committee (JAC) Encina Water Public Works Pollution Control Facility - Fourth Supplement Administrator to Agreement for Interim Connection by Leucadia /v County Water District. j_^ ' Statement of the Matter Leucadia County Water District (LCWD> has requested that they be allowed an extension of time on usage of an interim connection from the existing LCWD sewage treatment facility to the Encina outfall trunk sewer until July 1, 1976 or until Phase II-A is completed, whichever is sooner. In addition, the proposed agreement limits LCWD1 S'-maxiiaufii'floW under normal arid extraordinary^conditions. Exhibit VA. Proposed Fpur.th Supplement to Agreement for Interim Connection by Leucadia' County Water District Staff Recommendations The Joint Advisory Committee of the Encina Water Pollution Control Facility recommends that the City Council adopt a motion approving the subject agreement and authorize the Mayor to execute the agreement on behalf, of the City. • ' , AB No.Date: March 4, 1975 City Manager's Recommendation Council Action . . 3-4-75 The Fourth Supplement to the Agreement was approved and the Mayor authorized to execute the same. . . " 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 FOURTH SUPPLEMENT TO AGREEMENT FOR INTERIM CONNECTION BY LEUCADIA COUNTY WATER DISTRICT THIS AGREEMENT is made and entered into as of the 1st day of April, 1975, by and among LEUCADIA COUNTY WATER DISTRICT ("Leucadia") ' and VISTA SANITATION DISTRICT, the CITY OF CARLSBAD, BUENA SANITATION" DISTRICT, SAN MARCOS COUNTY WATER DISTRICT and ENCINITAS SANITARY DISTRICT (collectively: "Owners"). RECITALS Leucadia and the Owners have heretofore entered into an Agreement for Interim Connection by Leucadia County Water District dated July 7, 1970, Supplement to Agreement for Interim Connection by Leucadia County Water District dated February 16, 1971, Second - -? v • Supplement to Agreement for Interim Connection by Leucadia County Water District dated October 2nd, 1973, and Third Supplement to Agreement for Interim Connection by Leucadia County Water District dated January 21st, 1974. The parties wish to amend said Agree- ment as supplemented in the manner hereinafter set forth. NOW, THEREFORE, IT IS AGREED BETWEEN LEUCADIA AND THE OWNERS as follows: Section 1. Subsection (A) of Section 4 of the Agreement for Interim Connection by Leucadia County Water District dated July 7, 1970, as so supplemented, is hereby amended to read as follows: - 1 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Vi 24 25 26 27 28 "(A) Only treated, secondary effluent processed by the Leucadia Sewage Treatment Plant shall be delivered through the temporary connection, but shall not exceed an average flow of 0.25 MOD. In the event that Leucadia is requested to discontinue or reduce its discharge of sewage into the Encina Water Pollution Control Facility pursuant to Section 3 of AGREEMENT FOR CONNECTION TO AND DISCHARGE INTO JOINT SEWER SYSTEM, dated January 1, 1975, it may deliver through the temporary connection treated secondary effluent to the maximum capacity of said Leucadia Sewage Treatment Plant, and mechanically screened raw sewage acceptable to the Operator of the Enciria Water Pollution Control Facility, provided that the maximum flow rate of the treated secondary effluent and screened raw sewage shall not exceed 1.25 MGD." -^ v. Section 2. Section 2 of the Agreement for Interim Connection by Leucadia County Water District, dated July 7, 1970, as so supplemented, is hereby amended to read as follows: "Section 2. Term of Agreement. This Agreement shall terminate on the thirtieth day after recording of: (A) Notice of Completion of the enlargement of Unit I and the extension of Unit J, designated 'Phase II', pursuant to the Fifth Supplement to Basic Agreement;or (B) Notice of Completion of the further enlargement of Unit I, designated 'Phase IIA1, pursuant to the Sixth Supplement to Basic Agreement; whichever occurs later; but in any event, this Agreement - 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 // shall terminate on July 1, 1976. If the Owners agree to an extension of this Agreement beyond its termination date, Leucadia agrees to pay to the Owners the schedule of charges hereinafter set forth and, in addition thereto, a penalty of One Hundred Dollars ($100) a day during the period of such extension." Section 3. Except as expressly amended herein, said Agree- ment for Interim Connection by Leucadia County Water District dated July 7, 1970, as supplemented, remains in full force and effect. Section 4. 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 to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. LEUCADIA COUNTY WATER DISTRICT Approved by Resolution No. on . President By. Approved by Resolution No. on . Secretary VISTA SANITATION DISTRICT By. Approved by Minute Motion on H\a.<-eV» 4- . FRANK MEYER, Chairman CITY OF CARLSBAD Mayor - 3 - 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 Approved by Resolution No. on Approved by Motion on Approved by Resolution No. on V BUENA SANITATION DISTRICT By Clerk, Board of Directors * SAN MARCOS COUNTY WATER DISTRICT By ___ By Secretary ENCINITAS SANITARY DISTRICT President By. By. President Secretary - 4 -