HomeMy WebLinkAbout1977-09-20; City Council; 5201; Encinitas Sanitary District sewer agreementCITY OF CARLSBAD
AGENDA BILL NO. JT2?Q / Initial:
DEPARTMENT :Public Works
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Subject:
ENCINITAS SANITARY DISTRICT SEWER CAPACITY LEASE AGREEMENT
Statement of the Matter
Encinitas Sanitary District has offered to lease excess wastewater
treatment capacity at the Encina Water Pollution Control Facility
in the amount of 300,000 gallons per day on an equal-share basis
to the City, Vista Sanitation District, San Marcos County Water
District and Leucadia County Water District. Lease costs to each
entity are $16,250 per year for a 75,000 gallon per day share
payable quarterly and commencing on October 1, 1977. The period
of the lease is for five years unless terminated by the City be-
cause of the completion of the Phase III Encina construction pro-
gram. The capacity shall be returned to Encinitas at the end of
five years or, if they continue to have excess capacity, a new
contract will be negotiated.
Exhibits
A. Proposed Lease Agreement between the Encinitas Sanitary District
and the City of Carlsbad for Interim Treatment and Disposal of
Sewage and Wastewater.
B. Resolution No.
Recommendation
That City Council adopt Resolution No.^^,^^ approving an Agreement
between the Encinitas Sanitary District and the City of Carlsbad for
Interim Treatment and Disposal of Sewage and Wastewater and authoriz-
ing the Mayor to execute the agreement on behalf of the City.
Council action
9-20-77 Resolution #5208 was adopted, approving an Agreement between
Encinitas Sanitary District and the City for Interim Treatment
' and Disposal of Sewage and Wastewater.
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RESOLUTION NO. 520&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE ENCINITAS SANITARY DISTRICT AND THE
CITY OF CARLSBAD FOR INTERIM TREATMENT AND
DISPOSAL OF SEWAGE AND WASTEWATER AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Carlsbad has received an offer to
lease 75,000 gallons per day of excess wastewater treatment
capacity from the Encinitas Sanitary District at a cost of
$16,250 per year for five years; and
WHEREAS, this offer will provide approximately 270 equiva-
lent dwelling units of treatment capacity to the City which is
currently under a moratorium for additional sewer hookups; and
WHEREAS, it is in the public interest of the citizens of
Carlsbad to provide this wastewater treatment capacity for their
use;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct;
2. That the offer to lease the excess wastewater treat-
*
ment capacity from the Encinitas Sanitary District is accepted;
3. That the Mayor be authorized to execute the Agreement
between the Encinitas Sanitary District and the City of Carlsbad
for Interim Treatment and Disposal of Sewage and Wastewater on
behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held the 20th day of
September , 1977, by the following vote to wit:
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AYES: Councilmen Frazee, Lewis, Packard, Skotnicki
and Counci1 woman Casler
NOES: None
ABSENT: None
ROBERT C. FRAZEE, Mayor
ATTEST:
7//tU4£4s
E. ADAMS,tClty Clerk
(SEAL)
AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT
AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT
AND DISPOSAL OF SEWAGE AND WASTEWATER
This Agreement is made and entered into to be effective October
1, 1977, by and between the ENCINITAS SANITARY DISTRICT ("Encinitas"),
a sanitary district, and the CITY OF CARLSBAD ("Carlsbad"), a
municipal corporation.
RECITALS:
1. Encinitas has wastewater treatment capacity in the Encina
Water Pollution Control Facility ("Encina"). A portion of this
wastewater treatment capacity is temporarily available for lease
by Encinitas•to Carlsbad for a sixty (60) month period, unless
sooner terminated as set forth below in Paragraph (1).
2.. Encina is presently in the process of enlarging its waste-
water treatment facility. It is contemplated•by the parties to
this Agreement that said enlargement will be completed within
sixty (60) months.
3. Carlsbad acknowledges that the future needs of Encinitas
will require that the wastewater treatment capacity leased herein
be returned to Encinitas no later than September 30, 1982. In
the event Carlsbad does not return said wastewater treatment capacity
as herein required, then Carlsbad agrees to provide .075 MGD (75,000
gallons) of alternate wastewater treatment processes, as provided
by law, solely at the cost of Carlsbad.
4. Carlsbad agrees to pay all costs for transportation,
treatment and disposal of wastewaters which are incurred because
of leased capacity rights granted in this Agreement.
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NOW THEREFORE, in consideration of the mutual covenants and
conditions herein contained, the parties agree as follows:
(li) Encinitas hereby leases to Carlsbad, and Carlsbad hereby
leases from Encinitas, a portion of Encinitas's surplus wastewater
treatment capacity in Encina of .075 MGD (75,000 gallons per day)
for thej period from October 1, 1977 to September 30, 1982, except
that tl}is lease shall automatically terminate upon the completion
of the current enlargement program now taking place at Encina
known 4s Phase III, if said program is completed before September
30, 1932.
(2) Carlsbad agrees to pay Encinitas Sixteen Thousand Two
Hundre<$ Fifty ($16,250.00) Dollars per year for said leased capacity
rightsj The amount due shall be paid quarterly, in advance, commencing
with a Four Thousand Sixty Two and 50/100 ($4,062.50) Dollar payment
on October 1, 1977.
(3) Any notice or payment to be given hereunder may be
given by depositing the same in any United States Post Office,
registered or certified, postage prepaid, addressed to:
Encinitas Sanitary District City of Carlsbad
P. 0. Box 99 1200 Elm Street
Encinitas, CA 92024 Carlsbad, CA 92008
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
ENCINITAS SANITA'RY DISTRICT
} President
CITY QF7 CARLSBAD
tyayor