HomeMy WebLinkAbout1977-09-20; City Council; Resolution 520811
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RESOLUTION NO. 5208
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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
THE MAYOR TO EXECUTE SAID AGREEMENT
DISPOSAL OF SEWAGE AND WASTEWATER AND AUTHORIZING
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.
2.
That the above recitations are true and correct;
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
NOES : None and Councilwoman Casler
ABSENT : None
ATTEST:
(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.
RE C I TAL S:
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.
this Agreement that said enlargement will be completed within
sixty (60) months.
It is contenplsted.by the parties to
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 38, 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:
(1) Enoinitas 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 the period from October 1, 1977 to September 30, 1982, except
that this lease shall automatically terminate upon the completion
of the current enlargement program now taking place at Encina
known as Phase 111, if said program is completed before September
30, 1982.
(2) Carlsbad agrees to pay Encinitas Sixteen Thousand Two
Hundred. Fifty ($16,250.00) Doliars per year for said leased capacity
rights.-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.
I (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 P. 0. Box 99 1200 Elm Street
Encinitas, CA 92024 Carlsbad, CA 92008
City of Carlsbad
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
-. - ENC~V~TAS SANI~~Y DISTRICT