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HomeMy WebLinkAbout1983-10-11; City Council; Resolution 7368RESOLUTION NO. 7368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE ' TWENTY-FIFTH SUPPLEMENT TO THE BASIC AGREE- MENT FOR THE ENCINA JOINT SEWER SYSTEM TO SUBSTITUTE THE CITY OF VISTA IN PLACE OF THE THE VISTA SANITATION DISTRICT WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District and Encinitas Sanitary District are parties to a Joint Powers Agreement which provides for the opera- tion and maintenance of a joint sewer system commonly known as the Encina Water Pollution Control Facility; and WHEREAS, there is in progress construction of improvements to the joint sewer system known as Phase I11 Upgrading and Enlargement; and WHEREAS, the parties to the Basic Agreement have by written agreement designated the Vista Sanitation District to be the Administrator of said Phase I11 Upgrading and Enlargement; and WHEREAS, the Vista Sanitation District has been dissolved and the functions theretofore performed by said District have been assumed by the City of Vista; and WHEREAS, it is necessary that the City of Vista become a party to the Basic Agreement, and it is in the best interest of all parties to said Basic Agreement that the City of Vista be appointed as the Administrator of Phase 111 Upgrading and Enlargement; and WHEREAS, the Joint Advisory Committee to all parties to the Basic Agreement has unanimously approved the proposed Twenty- Fifth Supplement; and .. r WHEREAS, a counterpart of said Twenty-Fifth Supplement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: Section 1. That the Mayor of this City be and is hereby authorized to execute the Twenty-Fifth Supple- ment to the Basic Agreement relating to the Encina Joint Sewer System. adjoumed PASSED, APPROVED, AND ADOPTED at a/regular meeting of the City Council on the 11th day of October , 1983, by the following vote, to wit: AYES: 5 NOES: 0 ABSENT: o I ATTEST: I. . **. . : \. i -L *. . .. .. . This 0 TWENTY-FIFTH SUPPLEMENT TO BASIC AGREEMENT TO PROVIDE FOR SUBSTITUTING THE CITY OF VISTA AS A PARTY TO THE BASIC AGREEMENT FOR OWNERSHIP AND OPERATION OF EWPCF IN PLACE OF VISTA SANITATION DISTKICT, AND TO AUTHORIZE SAID CITY TO ACT AS ADMINISTRATOR FOR PHASE I11 UPGRADING AND ENLARGEMENT Twenty-Fifth Supplement is made and entered into this - day of , 1983, by and among: THE CITY OF VISTA, (VISTA), a .General Law City; CITY OF. CARLSBAD (CARLSBAD),,. a General Law City; SAN MAKCOS COUNTY WATER DISTRICT (SAN MARCOS), a County Water District; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; ENCINITAS SANITARY DISTRICT (ENCINI- TAS), a Sanitary Dist'rict; and LEUCADIA COUNTY WATER DISTRICT . (LEUCADIA), a County Water District. Rec i t a 1,s - A. On or about July 13, 1961, the CITY OF CARLSBAD, a general law city,'. and the VISTA SANITATION DISTRICT entered into 1 .a written Joint Powers Agreement for the acquisition, construc- tion, ownership, and operation of a joint sewer system, commonly known as the Encina Water Pollution Control Facility (EWPCF); said joint powers agreement is commonly known as the "Basic . Agreement .'* . B. The aforesaid Basic Agreement has been modified and supplemented from time to time by written agreements sLgned by the parties to said Basic Agreement. C. BUENA became a party to the Basic Agreement by virtue of the Second Supplement thereto dated January 6, 1964. D. SAN MARCOS became a party to the Basic Agreement by virtue of the Third Supplement thereto dated March 22, 1965. .. -0 -, .. s. ; E. LEUCADIA and ENC1NI;'AS became pakties ' to the 'Basic Agreement .. by virtue of the Fifth Supplement thereto dated September 17, 1971. I. . F. At all times since July 13, 1961, the Basic Agreement, ' as. modified and supplement, has been and still is in full force and effect. . C. On or about September 14, 1983, the VISTA SANITATION DISTRICT was dissolved and the functions theretofore performed by said District was assumed by the CITY OF VISTA. H. That the 'CITY OF VISTA, as the successor in interest to the VISTA SANITATION DISTRICT, desires to immediately become a party to the Basic Agrekment as modified and supplemented, with the same rights, duties, and obligations, and upon the same terms and conditions of the Basic Agreement, as provided therein for the VISTA SANITATION DISTRICT. a I. It is for the best interests of the CITY OF VISTA, and all parties hereto, that the CITY OF VISTA become a party to the Basic Agreement in that it is necessary for the CITY OF VISTA, to utilize the facilit2es of the joint sewer system in serving its inhabitants. J. The CITY OF VISTA and all other parties hereto have the and power to enter into this agreement pursuant to Section 6500, et. seq., of the California Government Code which authorizes the parties by agreement to jointly exercise any power or powers common to them; and this Twenty-Fifth Supplement . right is entered .into pursuant to said provisions of the Government Code . / 2 .. <: K. At the time of its dissolution, 'the VISTA SANITATION DlSTRICT was the administrator on behalf of the Encina Joint Powers for Phase 111 Upgrading and Enlargement of the EWPCF, and it the CITY OF VISTA, as successor in interest to said district, is essential to the best interests of all parties hereto that' also, .be appointed by the parties hereto to act as said administrator pending completion of said Phase 111. I NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, the parties agree as follows: * 1, The CITY OF V'ISTA shall become, and is hereby made, a party to the Basic Agreement, as heretofore modified and supple- mented,. in lieu and in place of the VISTA SANITATION DISTRICT, and is subject to, and assumes and agrees to perform all the - s rights, duties, obligations, conditions, and covenants therein to which the VISTA SANITATION DISTRICT was bound at the time of its dissolution. .. - .. 2, The CITY OF VISTA shall be, and is, the administrator for the.Encina Joint Powers for Phase I11 Upgrading and Enlarge- ment of the EWPCF, and is hereby authorized to do all acts necessary to substitute itself as such administrator in place of the VISTA SANITATION DISTRICT, and'to do all acts as such-admini- strator that VISTA SANITATION DISTRICT was heretofore empowered to do in relation to Phase 111 Upgrading and Enlargement by virtue of its written agreement with the parties hereto and by virtue of its agreements entered into with the State of Cali- fornia and the United States Environmental Protection Agency. a . : 16 3. The Basic Agreement as heretofore'modified and supple- mented. shall continue in full force and effect until further modified or supplemented in writing signed by all parties hereto. ' IN WITNESS WHEREOF, each party hereto has caused this Twenty- Fifth. Supplement to the "Basic Agreement" to be signed by its respective officials heretofore duly authorized by the legisla- tive body thereof. *. .. Approved by Resolution No on CITY OF VISTA, 31 ' .. .. .. CITY OF CARLSBAD, Approved by Resolution - s .. .. No. on 91 Approved by Resolution . No. on LEUCADIA COUNTY WATER DISTRICT 9 19 .. .. .BY Approved by Resolution No 0 on DISTRICT, SAN MARCOS COUNTY WATER 9 l383- BY 7 . : .. '. ; Approved by Resolution NO., on BUENA SANITATION DISTRICT, 5 1983, ' BY c . .I -. .. .. ., -. .. .. . .. . Approved by Resolution No. on ENCINITAS SANITARY DISTRICT, ..