HomeMy WebLinkAbout1979-03-06; City Council; 5776; Apportionment of Liability Eight Supplemento
CITY OF CARLSBAD
AGENDA BILL MO. ^77$
DATE: March 6. 1979
DEPARTMENT; Encina Water Pollution Control Facility
Subject:EIGHTH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE FOR APPORTIONMENT
_ OF LIABILITY
Statement of the Matter
Concern has been raised by City staff concerning the equal apportionment of
liability in conjunction with the operations of the Encina Water Pollution
Control Facility. The Joint Advisory Committee, in response to questions,
indicated that it was their intent that all agencies share liability on the
basis of ownership. They also agreed that clarification of this point was
necessary. They instructed the JAC attorney to prepare the necessary revi-
sions and, after review and approval, forwarded the Eighth Supplement for
action by individual member agencies.
To date, the Eighth Supplement has been approved by the San Marcos and
the Leucadia County Water Districts.
Exhibits
1. Resolution No. ^"7o<^ approving the Eighth Supplement to Basic Agreement
and authorizing the Mayor to execute on behalf of the City.
Recommendation
If Council concurs, adopt Resolution No.<^2^2yaPProv1'n9 the Eighth Supplement
to the Basic Agreement to provide for apportionment of liability and authorizing
the Mayor to execute on behalf of the City.
Council Action:
3-6-79 Council adopted Resolution 5704, approving the Eighth Supplement
to the Basic Agreement to provide for apportionment of liability
and authorizing Mayor to execute same.
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RESOLUTION NO. 5704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AND AGREEING TO THE EIGHTH SUPPLEMENT
TO BASIC AGREEMENT TO PROVIDE FOR APPORTIONMENT OF LIABILITY
BETWEEN THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT,
BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT,
AND AUTHORIZING THE MAYOR TO EXEUCTE SAID SUPPLEMENT ON BE-
HALF OF THE CITY OF CARLSBAD
BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. That the City of Carlsbad does hereby approve and agree to the Eighth
Supplement to Basic Agreement to Provide for Apportionment of Liability, a copy
of which is attached hereto and incorporated by reference herein.
2. That the Mayor of the City of Carlsbad is hereby authorized and di-
rected to execute on behalf of the City of Carlsbad the Eighth Supplement to
Basic Agreement to Provide for Apportionment of Liability.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
at a regular meeting held the 6th day of March , 1979, by the fol-
lowing vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSENT: None
RONALD C. PACKARD, MAYOR
ATTEST:
X^
ALETHA L . RAUTENKRANZ , CITY CLERK
(SEAL)
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EIGHTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR APPORTIONMENT OF
LIABILITY
This Eighth Supplement to Basic Agreement is made and
entered into as of the day of __, 1978,
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
water district;
LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water
district; and
ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary
district.
RECITALS
A. Vista, Carlsbad, Buena, San Marcos, Leucadia and
Encinitas own and operate a Joint Sewer System and Ocean Outfall
(and related facilities) pursuant to the following agreements:
DATE TITLE
July 13, 1961
*****
*****
Basic Agreement Between Vista
Sanitation District and the City
of Carlsbad for Acquisition and
Construction of a Joint Sewer
System (Basic Agreement)
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DATE
(2) March 25, 1963
(3) January 6, 1964
(4) January 6, 1964
(5) ' September 14, 1964
(6) March 8, 1965
(7) March 22, 1965
(8) August 3, 1965
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* * * * *
*****
*****
*****
*****
TITLE
First- Supplement to Basic Agree-
ment, Authorizing Vista to Apply
for Federal Grants
Second Supplement to Basic
Agreement Between Vista Sani-
tation District and the City of
Carlsbad for Acquisition and
Construction of the Joint Sewer
Systtem
Supplemental Agreement (No. 1)
to Basic Agreement Between Vista
Sanitation District and City of
Carlsbad for Acquisition and
Construction of Joint System,
for Purpose of Allocating Funds
Received from Federal Government
First Amendment to Basic Agree-
ment Between Vista Sanitation
District and the City of
Carlsbad for Acquisition and
Construction of a Joint Sewer
System
Second Amendment to Basic
'Agreement Between Vista Sani-
tation District and the City of
Carlsbad for Acquisition and
Construction of a Joint Sewer
System
Third Supplement to Basic
Agreement Between Vista
Sanitation District and the City
of Carlsbad for Acquisition and
Construction of a Joint Sewer
System (Third Supplement)
Agreement between County of
San Diego and City of Carlsbad,
Vista Sanitation District and
Buena Sanitation District for
•the Operation of the Joint
System
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DATE
(9) June 20, -1966
(10) June 19, 1967
(11) January 1, 1970
(12) July 7, 1970
(13) December 1, 1970
(14) February 16, 1971
(15) August 17, 1971
(16) August 17, 1971
*****
TITLE
Agreement between Buena Sani-
tation District and City of
Carlsbad for Lease by Carlsbad
of Capacity in the Encina
Outfall of the Buena Sanitation
District, for Lease by Buena
to Carlsbad of Designated
Capacity in the Encina Outfall
•
Agreement between Buena
Sanitation District and San
Marcos County Water District for
Lease by San Marcos of Capacity
in Buena Sanitation District'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 Enlargement to the Encina
Water Pollution Control
Facilities of the Joint System,
Authorizing Vi^sta to Apply for
and 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
Fifth Supplement to Basic
Agreement to Provide for Part-
icipation by Leucadia County
Water District and Encinitas
Sanitary District (Fifth
Supplement)
third Amendment to Basic Agreement
between Vista Sanitation District and
City of Carlsbad for Acquisition
and Construction of Joint Sewer
System
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DATE
(17) July 5, 1972
(18) May 1, 1973
(19) ' October 2, 1973
(20) October 3, 1973
(21) January 21, 1974
(22) May 1, 1974
(23) January 1, 1975
(24) July 16, 1974
(25) -May 7, 1975
(26) May 28, 1975
(2.7) September 3, 1975
TITLE
Agreement for Temporary
Connection by City of Oceanside
Agreement between the City of
Carlsbad, Vista Sanitation
District, Buena Sanitation
District, and San Marcos County
Water District for Legal
Services
Second Supplement to Agreement
for Interim Connection by
Leucadia County Water District
Sixth Supplement to Basic
Agreement to Provide for
Interim Expansion of Encina
Water Pollution Control Facility
(Sixth Supplement)
Third Supplement to Agreement
for Interim Connection by
Leucadia County Water District
Seventh Supplement to Basic
Agreement ta-»Provide for Phase
III Enlargement of Encina
Water Pollution Control
Facility, Ownership Rights,
Distribution of Buy-In Monies,
and Participation in the Joint
Advisory Committee
Agreement for Connection To and
Discharge into the Joint Sewer
System by Leucadia and
Encinitas
First Supplement to Agreement
for Temporary Connection by
City of Oceanside
Second Supplement to Agreement
for Tempc.vary Connection by
Ci'ty of Oceanside
Fourth Supplement to Agreement
for Interim Connection by
Leucadia County Water District
Second Supplemental Agreement
between the Vista Sanitation
District and the City of
Carlsbad for the Enlargement of
and Addition to those Joint
Facilities known as the Buena
Vista Pumping Station, the
Buena Vista Force Main and the
Agua Hedionda Pumping Station
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B. A review of the agreements and supplements to
agreements set forth above in Recital "A" reflect a need for
an additional supplement wherein it contains definitive
provisions regarding apportionment of any liability that may
arise out of or in connection with the Encina Water Pollution
Control Facilities. *
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS
FOLLOWS: .
1. Any liability incurred by the members hereof, which
liability arises out of or in connection with the operation and/
or maintenance of the Encina Water Pollution Control Facilities,
except for costs of improvements to such facilities and operating
and maintenance costs, shall be discharged by payment by each
member hereof in proportion to their respective ownership in
the facilities at the time:of the incident which results in any
such liability. In the event any liability arises out of the
operation and/or maintenance of a portion of the facilities
in which less than all the parties hereto have an ownership
interest, then, and in that event, Miy such liability shall be
shared by those members having such an ownership interest in
proportion to their respective ownership in the facilities out
of which the liability arises. The apportionment of improvement
costs,-operating and maintenance costs shall be governed by
the provisions of the Basic Agreement, amendments thereto and
supplements thereto as have been heretofore adopted.
2. This agreement may be executed in counterparts, and
upon execution thereon' by all of the parties set forth in
paragraph 1 hereof, each counterpart shall be deemed an original.
IN WITNESS WHEREOF, each party hereto has caused this Eighth Supp-
lement to Basic Agreement to be signed by its respective officials hereto-
fore duly authorized by the legislative bodies thereof.
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VISTA SANITATION DISTRICT
By:_
CITY OF CARLSBAD
By:
BUENA SANITATION DISTRICT
By:_
SAN MARCOS COUNTY WATER DISTRICT
By:
^^/^/
LEUCADIA COUNTY WATER DISTRICT
By:
ENCINITAS SANITARY DISTRICT
By: