HomeMy WebLinkAbout1975-05-06; City Council; Resolution 36391
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RESOLUTION NO. 3639
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE COUNTY OF SAN DIEGO RELATING TO SEWER SERVICE AT THE PALOMAR AIRPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does
iereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
md the County of San Diego relating to sewer service at the
lalomar Airport, a copy of which is attached hereto as Exhibit A
md incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorize
and directed to execute said agreement for and on behalf of the
Zity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 6th
day of May , 1975, by the following vote, to wit:
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES : None
ABSENT: None
ATTEST :
ROBERT C. FRAZEE, Mayo@
1'. . '
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AGREEMENT BETWEEN THE COUNTY OF
SAN DIEGO AND THE CITY OF CARLSBAD
lU3LATING TO SEWER SEXVICE AT THE
PALOMAR AIRPORT
.. This Agreement, made and entered into this 6th day of
May ~ , 19 - 75, by and between the County of San Diego,
a political subdivision of the State of California (hereinafter
S0l"timeS referred to as "County") and the City of Car-sbad, a
municipal corporation (hereinafter sometimes referred to as "Carlsbad),
w I T N E S S E T €3:
WHEREAS, Carlsbad and the Vista Sanitation District entered
into an agreement for the construction and ownership of a Joint
Sewer System including a'treatment plant and ocean. outfall, said
agreement being .. entitled "Basic Agreement Between Vista Sanitation
District and the City of Carlsbad for the Acquisition and Construction
of a Joint Sewer System", dated July 13, 1961, and bearing County of
San Diego Contract No. 1858-21293; and
WHEREAS, that "Basic Agreement" ha5 been amended and supplemented
by several agreements including the agreement entitled "Second Supple-
ment to Basic Agreement Between Vista Sanitation District and the City *
of Carlsbad for the Acquisition and Construction of the Joint Sewer
System", dated January 6, 1964, by which the Buena Sanitation District
(hereinafter sometimes referred to as "Buena") became a party to said
"Basic Agreement", said "Basic Agreement" as so amended and supplemented
being hereinafter sometimes referred to as "Basic Agreementw; and
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WHEREAS, pursuant to Section 6 of the Second SuppZement to the
"Basic Agreement, Buena was auchorized TD construct, reconstruct,
maintain, repair and opexate a transmission system known as the
Buena Sewer, which 'was desigfiated "Encinas Outfall Sewer" on Exhibit
..
E to the "Basic Agreement"; and
WHERE-!S, pursuant to Section 6 of the Second Supplement to the
"Basic Agreement", Buena agreed to sell to Carlsbad capacity in the
"Encinas Outfall Sewer" to facilitate service to the populations in
"Area 'A'" and "Area 'B'" in the Carlsbad Service Area; as shown on
said Exhibit E; and
WHEREAS, in accordance with the terms and provisions of said
Section 6, Buena leased to Carlsbad, with option to purchase, capacity
in said Encinas Outfall Sewer, under the terms and conditions set out
in the agreement entitled "Agreement Between the Buena Sanitation
'District and City of Car.lsbad for the Lease by CarLsbad of Capacity
in the Encinas Outfall of the Buena Sanitation District", dated July
.. 20, 1966,-and bearing County of San Diego Contract No. 3405-2103-R;
and
WHEREAS, the Palomar Airport, owned and operated by County, is
within the Carlsbad Service Area and is included within the area
served by the Encinas Outfall Sewer; and
WEREAS, County, through operations on the Palomar Airport
property, has made use of the aforementioned sewer system and the
trunk sewer, treatment plant and ocean outfall since December. 13,
1966 without making any payment therefor; and
WHEREAS, Carlsbad has iAdicated that County 'should pay Carlsbad
for County's past and future use of the sewer system, and the County
desires to make payment to Carlsbad for such use in order to settle
or compromise any and all past, present or future claims which
Carlsbad may have against the County for such use.
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3014 TIEREFORE, the parties hereto agrce as follows:
Section 1. Provision of Sewer Service. I Carisbad agrees to
provide Colclnty Seiqti?r service for Paloinar Airpcrt cnder the terns and
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conditions set out below.
Section 2. -- Past Use. In order to settle or compromise any
claims which Carlsbad may have now or in the future against the
County €or County’s past list3 of the sewer system, County shall pay
Carlsbad within 30 days of the effective date of this Agreement the
sum of $695.00 for the following uses:
’ a. January 1, 1967 to December 31, 1968: $53.00
(based on ’a flow ‘of 1,720 ga.llons per day) or. two years
*at 87,500 cubic feet per year at $.03 per 100 cubic feet.
b. January 1, 1969 to June 30, 1971: $162.00
(based on a flow of 4,400 gallons per day) or two and
one-half years at 216,000 cubic feet per year at $.03
per 100 cubic feet.
c. July 1, 1971 to June 30, 1975: $480.00
(based on a flow of 4,100 gallons per day) or 4 years
at 200,000 cubic feet per year at $.06 per 100 cubic
feet .)
Section 3. Sewer Connection Charge- County sha.11 pay to -
Carlsbad within 30 days of the effective date of this Agreement,
a one-time sewer connection charge in the amount of $1,000,00 for
County’s use of the trunk sewer, the treatment plant and the ocean
outfall.
on the airport site as of the date this agreement is approved by
the Carlsbad City Council shall be considered as having paid the
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Upon payment of this fee, all equivalent units existing
sewer connection fee required by the City of Carlsbad. All equiva-
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lent units constructed or added on the airport site afcer the date
this agreement is approved shall be required to obtain a sewer
connection permit from the City and pay all fees which may be
required by current City ordinafice.
Section 4'. Annual Sewer Service Charge, County shall pay to
Carlsbad 'an annual sewer service charge to be calculated as follows:
For the year ending December 31, 1975, the rate shall be $.OS per
100 cubic feet and thereafter, on or before December 1 of the year
prior to the calendar year for which the sewer system is ta be used
by County, Carlsbad shall advise Coimty of the rate to be charged.
Said rate shall in. no event be grea,ter than that to be charged by
Carlsbad to other commercial and industrial users, not within the
City limits, during that year.
each'year, determine .. from the records of the Carlsbad Municipal .."
Water Distri.ct, the amount of water usage by each user on the
Palomar Airport'property and shall so advise Carlsbad not later
than February 1 of the following year.
the sewer service charge due and shall submit to County a statement
County shall, after December 31 of
Carlsbad shall calculate
of that amount due. County shall remit to
within 60 days of receipt of the statement
Section 5. Maintenance and Repairs.
responsible for any additional payment for
tenance to the sewer system.
c
Carlsbad the amount due
from Carlsbad.
County shall not be
any repairs or for main-
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Section 7. Termination. Either party may terminate this
Agreement upon ninety (90) days' written notice to the other party;
provided, however, either party may terminate this Agreement at any
time if the other party fails to meet or fulfill its obligations or
violate any of the covenants, agreem-ents, or skipulations as set
forth in this Agreement. In the event of termination by either
party, County's liability hereunder will be limited to the pro
rata share of the annual amount due for the sewer service used
prior to the effective date of termination.
Section 8. Administration of - Agreement, The Public Works
Administrator,.?ounty of San 'Diego, or his designated representative
'shall represent County in all matters pertaining to this Agreement
and shall administer this Agreement on behalf of County. The City
.. Manager, or nis designated representative, shall 'represent--Carlsbad
in all matters pertaining to this Agreement and shall administer this
Agreement on behalf of Carlsbad.
Section 9. Notices. All notices frbm one party to the othex
under this Agreement shall be mailed to the following addresses:
a. To County in care of Public Works Administrator,
County of San Diego, at County Operations Center,-5555
Overland Avenue, San Diego, California 92123.
b. To Carlsbad in care of City Manager, City of
Carlsbad, at City hall, 1200 Elm Avenue, Carlsbad,
..
California 92008,
Section 10. Inspection ,- of Records- . Garlsbad shall maintain
accurate books and accounting records relative to this Agreement,
Such books and/or records shall be open at.any reasonable time for
inspection and/or copying by' the Public Works Administrator of the
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County of San Dieyo, the Auditor of the County cf San Diego or their
designated representative.
Section 11. Indemnification. . .
a. County, its agents, officers and employees, shall not
be held liable for any claims, liabilities, penalties, fines or
for damage tu any goods, properties or effects of any person
whatsoever, nor for personal injuries to or death of them, or
any of them, caused by or resulting from any negligent acts or
omissions of Carlsbad, or its agents, employees, or representa-
tives, not including liability by reason of acts or omission
caused by .County, its agents or employees. Carlsbad further
.agrees to indemnify, and save free and harmless County and its
authorized agents, officnrs and employees against any of the
foregoing liabilities, not including liability by reason of
acts or omissions caused by County, its agents or empfoyees, and
any cost and expenses incurred by County on account of any claim
...
therefor:
b. Carlsbad, its agents, officers, and employees, shall.
not be held liable for any claims, liabilities, penalties, fines
or fo; any damages to persons or property caused by'or resulting
from any negligent acts or omissions or' County, its agents, =
employees, or representatives. County agrees to indemnify and
save free and harmless Carlsbad and its authorized agents, officers
or employees against an; and all the foregoing liabilities and any
costs incurred on account.of any claim therefor.
Section 12. Modification, This Agreement may be modified at
' any time by mutual written consent of.the parties.
In the event of annexation of the airport site to the City of
Carfsbad, Section 4 of this Agreement shall be deemed to be modified
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. to provide for a rate established on the same basis as for other
commercial and industrial users within the City limits,
Section 13. Integrated Document. This document fully expresses
all understandings of the parties concerning the matters covered "Ie'rein.
No addition to or alteration'of the terms of this Agreement and no
verbal understanding of the parties, and.officers, agents or em21oyees
shall be valid unless made in the form of a written amendment to this
Agreement and duly approved and executed by the parties' authorized
representatives.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the date first above written.
JUN 1 0 1975 . -7
Approved as to form:
* City Attorney
City of Carlsbad
\
COUNTYAF SAN .DIEGO
. Clerk bf tho Board or" SunervTsors
CITY OF CPF$LSBAD .