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Home My WebLink About1995-07-18; City Council; 13249; APPROVAL OF REVISED ENCINA AUTHORIZATION AGREEMENT FOR LAND ACQUISITION4- ‘I Approval of Revised Encina Authorization ‘, Adopt Resolution N0.?5*A1& approving the revised Agreement Authorizing the Encina Wastewater Authority to Acquire Land on Behalf of the Encina Member Agencies. ITEM EXPLANATION: On June 13, 1995, the City Council approved Resolution No. 95-165 which authorized Encina Wastewater Authority’s acquisition of property on behalf of the Encina member of which the City of Carlsbad is one. The revised agreement replaces “City of Carlsbad’ “Parties” in two places, section 2, Uses of Site, and section 3, Reclaimed Water Treatmi Facility. What these changes do is allow any one of Encina’s member agencies to purch lease a portion of the property for a reclaimed water treatment facility. Staff is not opposed to the revisions and recommends approval of the agreement. FISCAL IMPACT: There is no fiscal impact as a result of the changes to the agreement. 1. Agreement Authorizing the Encina Wastewater Authority to Acquire Land on E the Encina Member Agencies. Resolution No. qS -&/a Wastewater Authority to Acquire Land on Behalf of the Encina Member Agenc 2. approving the revised Agreement Authorizing the a heJJ f$. z 0 0 F a i z 3 0 0 e 0 EXHIBIT 1 June 28, 1995 AGREEMENT AUTHORIZING THE ENCINA WASTEWATER AUTHORITY TO ACQUIRE LAND ON BEHALF OF THE ENCINA MEMBER AGENCIES Ref: This Agreement entered into on this day of 195 and among the CITY OF CARLSBAD, a general law city, the CIT VISTA, a general law city, the LEUCADIA COUNTY WATER DISTRIC county water district, the VALLECITOS WATER DISTRICT, a cc water district, the ENCINITAS SANITARY DISTRICT, a county san. district, and the BUENA SANITATION DISTRICT, a county saniti district, all hereinafter referred to as the PARTIES, and Encina Wastewater Authority, hereinafter referred to as the I RECITALS : WHEREAS, the PARTIES own and operate the Encina Joint System pursuant to a Joint Powers Agreement, commonly referr as the "REVISED BASIC AGREEMENT" , as supplemented and amended WHEREAS, the PARTIES are desirous of acquiring a parcc land for the purpose of planning possible limited addit facilities for use in connection with the Encina Water Poll Control Facility (WPCF) as well as providing a possible site reclaimed water treatment facility; and WHEREAS, the parcel of land (APN 214-05-101) is IC adjacent to the Encina WPCF southerly boundary and consis approximately 37 acres of vacant undeveloped land; and WHEREAS, the Encina Wastewater Authority (EWA) has beer created by the PARTIES as the Operator/Administrator of the E, e 0 June 28, 1995 Ref: 2 Joint Sewer System; and WHEREAS, the PARTIES have granted the EWA powers to acquire lands including condemnation powers; and WHEREAS, the PARTIES desire said Operator/Administrator acquire the property on behalf of the PARTIES subject to the t and conditions specified herein; and WHEREAS, in the event land is acquired, subsequent agreei would be executed and/or budgets would be approved for planning, design, construction, operation, and maintenance o additional facilities by the PARTIES; and WHEREAS, in the event land is acquired, subsequent agreei would be executed by the PARTIES conveying a portion of the la the City of Carlsbad, if requested, for a reclaimed water trea plant: NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. I__ Authorization to Act on Behalf of PARTIES: For the purpose of facilitating the purchase of lands and rights of wa the planning purposes and the payment of all cost and exp incurred by or to be paid in connection with acquiring the site, the EWA shall act on its own behalf and the behalf o PARTIES in acquiring lands and rights of way. 2. Uses of Site: The possible wastewater related uses of t acre site are contemplated to be buffer zone, administi facilities, equalization reservoir for Encina effluent treat secondary level, and, if requested by one of the PART1 reclaimed water treatment facility. Any portion of the site tl 0 0 June 28, 1995 Ref: 2 ultimately not needed for public purposes may be made available sale or lease in the future. 3. - Reclaimed Water Treatment Facilitv: Upon the request of on the PARTIES a portion of the 37 acre site will be made avail for a reclaimed water treatment facility under the terms o agreement unanimously approved by the PARTIES. 4. -- Budggted Funds: As a condition precedent to the EWA acqui property, funds for the purchase price and associated cost acquire the property must have been approved for such purposc the unanimous vote of the PARTIES. 5. Condemnation: In the event condemnation is required to acquire the property, the EWA is hereby authorized to proceed condemnation only upon the unanimous approval of the EWA Boaj Directors. In the event unanimous approval of the EWA Board i given the authorization may be requested from the PARTIE accordance with the provisions of the Revised Establis Document. 6. Pavment of Funds: The PARTIES shall pay or cause to be paid to the EWA the PARTY'S proportionate share of said apF budget upon demand by the EWA. Funds shall be provided b PARTIES in the same percentage as the PARTY'S percentage of Ownership as of June 30, 1994 in Unit III" of the Joint System percentages of ownerships are attached as Exhibit A. 7. Authoritv to Hold Title: In the event that such si acqiiilcd r1s permitted herein, title to any such real property be taken in the name of the CITY OF CARLSBAD, which title shi 0 0 June 28, 1995 Ref: 2 held in trust for the PARTIES, until such time as the PAF unanimously agree that said title shall be conveyed to any or the other PARTIES or some other entity or public Joint PC hereafter created by the PARTIES or their respective successoi interest. 8. --- Beneficial Interests of the PARTIES: The beneficial interest of each of the PARTIES in any real property acquired : be in the same percentage as the PARTY'S percentage of ownersh Unit I! I I' (Plant) of the Joint System as shown in the June 30, EWA Financial Information and Audit Report and restated in Ex1 A. 9. Execution in Countemarts: This Agreement may be execut Counterparts, and when so executed by all PARTIES, all counterparts shall be deemed to constitute a single agreement the PARTIES. 10. -- Authoritv for this Aqreement: This agreement is made pur to the powers granted to Joint Powers by the provisions of Se 6500 et seq. of the California Government Code. e e June 28, 1995 Dated: July 19, 1995 CITY OF VISTA Dated: BY: LEUCADIA COUNTY WATER DISTRICT Dated: BY: VALLECITOS WATER DISTRICT Dated: BY: ENCINITAS SANITARY DISTRICT Dated: BY: BUENA SANITATION DISTRICT Dated: BY: ENCINA WASTEWATER AUTHORITY Dated: BY: GAIL HANO, Chair EWA Board of Directors e 0 June 28, 1995 Ref: 2 EXHIBIT A PERCENTAGE OWNERSHIP IN UNIT aI1l The Ownership of the acquired land shall be allocated to the Membe: in the same percentages as their Ownership of the Joint System Unit as presented in the June 30, 1994 EWA Financial Information and Auc on the Schedule of Ownership of Property, Plant and Equipment and r follows : UNIT I Cost, $ % _--I_ AGENCY VISTA 23,047,832 21.61 24.81 CARLSBAD 26,460,745 LCWD 21,693,331 20.34 VALLECITOS 21,586,678 20.24 8.16 BUENA 8,702 , 929 5,162,033 4.84 KNC IN ITAS 'I'OTATI 106,653,548 100.00 -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 EXHIBIT 2 e 0 RESOLUTION NO. 95-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING T€ REVISED ENCINA AUTHORIZATION AGREEMENT I LAND ACOUISITION WHEREAS, the City of Carlsbad is a member agency to the Encina Agreement entered into on July 13, 1961, for the acquisition, for the acquisitior ownership, operation and maintenance of the Encina Joint Sewer System; and WHEREAS, the Encina Agreement requires approval for budget amer Encina Wastewater Authority (EWA) by the Member Agencies following the re of the Joint Advisory Committee (JAC); and WHEREAS, the Encina Wastewater Authority (EWA) and the Encina Committee (JAC) have recommended the City of Carlsbad be authorized to a behalf of the Member Agencies; and WHEREAS, Encina Planning studies have identified possible needs for ad( flow equalization, and administrative facilities as well as a buffer zone; and WHEREAS, the Encina wastewater Authority (EWA) will provide a por to be made available to any Encina member agency for a water reclamation fa future agreement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the C as follows: 1. That the Agreement dated June 28,1995, authorizing the Encina Waste to acquire land on behalf of the Encina Member Agencies be approved. Ill 111 b 1 2 3 4 5 ' 7 8 9 10 11 12 I.3 14 15 I.6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the City Manager be authorized to execute a letter agreement T Wastewater Authority to allow the City of Carlsbad to provide services to acquirf of the Encina Member Agencies. 3. This resolution shall be forwarded to the EWA immediately upon its PASSED, APPROVED AND ADOPTED at a regular meeting of the Council held on the 18th day of JULY , 1995, by the following vote to AYES: Council Members Lewis, Nygaard, Kulchin, Finni NOES: None ABSENT No , ATTEST: 2. *L*Mum-&k (SEAL)