HomeMy WebLinkAbout1979-10-16; City Council; Resolution 5959* -!
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RESOLUTION NO. 5959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT FOR SEWER CAPACITY
The City Council of the City of Carlsbad does hereby resolve as follows:
1. That certain agreement between the City of Carlsbad and Vista Sani-
tation District for lease of capacity in the Encina Water Pollution Control
Facility to Carlsbad and lease of capacity in the Encina Ocean Outfall to Vista,
a copy of which is attached hereto, marked as Exhibit "A", and incorporated
herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and di-
rected to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held the 16th day of October , 1979,
by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis and
NOES: Counc i 1 man Sko tni ck i Counci 1 woman Cas 1 er
ABSENT: None
ATTEST:
.4%!&42H 2zkALam A L. RAUTENKRANeity Clerk
(SEAL)
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EXHIBIT "A"
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AGREEMENT FOR SEWER CAPACITY
THIS AGREEMENT is made and entered into this day of Y
1979, by and between the CITY OF CARLSBAD, hereinafter referred to as CARLSBAD,
and VISTA SANITATION DISTRICT, hereinafter referred to as VSD, in conjunction
with the settlement of that certain Superior Court action entitled "GROVE
APARTMENTS INVESTMENT CO., a partnership, vs. CITY OF CARLSBAD, a Municipal
Corporation, VISTA SANITATION DISTRICT, a public corporation", Civil Action
No. N9052.
In consideration of the terms and agreements as set forth in the settle-
ment documents for such action, the parties hereto agree as follows:
1. VSD agrees to immediately lease to CARLSBAD 56,672 gallons per day of
capacity in the Encina Water Pollution Control Facility, such lease of capacity
to continue until Phase 111 expansion of the Encina Mater Pollution Control
Facility is completed and the additional capacity resulting therefrom is avail-
able, at thich time VSD shall be repaid such amount of capacity. -.
2. In consideration of such grant CARLSBAD shall pay to VSD annually a
sum equal to the amount of sewer service fees collected by CARLSBAD for such
an amount of sewer capacity as such charges may be set by CARLSBAD from time to
time throughout the CARLSBAD sewer district.
3. CARLSBAD hereby agrees to immediately lease to VSD 2.66 million gal-
lons per day of capacity in the Encina Ocean Outfall, which lease shall continue
until the Phase 111 expansion is completed and the additional ocean outfall ca-
paci ty resulting therefrom becomes available, at which time VSD shall return
said capacity to CARLSBAD.
VISTA SANITATION DISTRICT CITY OF CARLSBAD KdJcaJ- v
RONALD C. PACKARD, MAYOR