HomeMy WebLinkAbout1979-03-06; City Council; Resolution 5704c
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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 OW 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 Liabi 7 i ty.
F’ASSED, 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
NOES : None Councilwoman Casler
ABSENT : None ...-e 1
RONALD C. PACKARD, MAYOR
ATTEST:
& ALETHA
(SEAL)
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EIGHTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR APPORTIONMENT OF
LIABILITY
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This Eighth Supplement to Basic Agreement is made and
bntered into as of the day of . , 1978,
'y and among:
VISTA SANITATION DISTRICT ("Vista)
district whose governing board is the City Council of fhe
City of Vista;
CITY OF CARLSBAD ("Carlsbad") , a municipal corporation;
a county sanitation
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 ..
district; and
ENCINITAS SANITARY DISTRICT ("Encinitas"), a Sanitary
("Leucadia") , a county water
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district.
RECITALS
A. Vista, Carlsbad, B,uenaf San Marcos, Leucadia and
Encinitas own and operate a Joint Sewer System and Ocean Outfall
(and related facilities) pursuant to the following agreements:
TITLE DATE -
July 13, 1961
*****
*****
Basic Agreement Between Vista
Sanitation District and the Citl of Carlsbad for Acquisition and Construction of a Joint Sewer
System (Basic Agreement)
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DATE
March 25, 1963
January 6, 1964
January 6, 1964
' September 14, 1964
March 8, 1965
March 22, 1965
August 3, 1965
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TITLE -
First Supplement to Basic Agree- ment, Authorizing Vista to Apply
€or 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
System
'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 Aqree- ment Between Vista Sanitation District and the City of .
Carlsbad for Acquisition and . Construction of a Joint Sewer
System
,.., Second Amendsnt 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
June 20 , -1966
June 19, 1967
January 1, 1970
July 7, 1970
December 1, 1970
February 16, 1971
August 17, 1971
August 17, 1971
*****
0
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
Capacity in the Encina Outfall
Agreement between Buena Sanitation District and San
Marcos County Water District fo: Lease by San Marcos of Capacity
in Buena Sanitation District's
Encina Outfall Sewer Line
- to Carlsbad of Designated
b
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 Vista to Apply for
Federal Grant aand Receive and Disburse
Agreement for Interim Connectio by Leucadia County Water Distric
Agreement between County of San Diego and Vista, Carlsbad, Buena and San Marcos for Legal
Services
.,.
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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 ?"nt to Basic Agreawnt betwecii Vista Sanitation District and
City of Carlsbad for Acquisition and Construction of Joint Sewer system
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DATE
July 5, 1972
May 1, 1973
October 2, 1973
October 3, 1973
January 21, 1974
May 1, 1974
January 1, 1975
July 16, 1974.
-May 7, 1975
May 28, 1975
September 3, 1975
TITLE
Agreement for Temporary
Connection by City of Oceanside
Agreement' between the City of
Carlsbad, Vista Sanitation District, Uuena 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 Facilil (Sixth Supplement)
Third Supplement to Agreement for Interim Connection by
Leucadia County Water District
Seventh Supplement to Basic
Agreement ta-,qrovide for Phase
lqater Pollution Control Facility, Ownership Rights, Distribution of Buy-In Monies,
and Participation in the Joint
Agreement fo; Connection To and
Discharge into the Joint Sewer System by Leucadia and Enci ni tas
' 111 Enlargement of Encina
' Advisory Committee
First Supplement to Agreement for Temporary Connection by
City of Oceanside
Second Supplement to AgLeement for Tempc,?'ary Ccnnection by
City of Oceanside
Fourth Suliplenlcnt to Agreement
for Interim Connection by Leucadia County Water DisLrict
Second Supplemental Agreemeni between the Vista Sanitation
District and the City of
Carlsbad for the Enlargement of
and Addition to those Joint Facilities know11 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 Pvllution
Control Facilities. b
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 owrating
and maintenance costs, shall be discharged by payment by each
member hereof in proportion to their respects:? ownership in
the facilities at the time,of ;he 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, E,&IY such liability shall be
c
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 couliterp'rrts, and
upon execution thereon by all of the parties set forth in
paragraph 1 hereof, each counterpart shall be deemed an original.
IN WI?NEsS \.JHERMIF, each party hereto has caused this Eighth Supp
lerrent to Basic Agrement to be signed by its respective officials hereto-
fore duly authorized by the legislative bcdies thereof.
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'JISTA SANITATJON DISTRICT
By:
CITY OF CARLSBAD
BUENA SANITATION DISTRICT
SAN MARCOS COUNTY WATER DISTRICT
LEUCADIA COUNTY WATER DISTRICT
By:
ENCINITAS SANITAnY DISTRICT ..
By:
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: