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HomeMy WebLinkAbout1983-12-20; City Council; Resolution 74411 2 3 4 5 6 7 8 9 10 11 1% 13 14 15 1E 17 1€ 1s 2c 21 22 22 24 2E 2E 27 2E RESOLUTION NO. 7441 A RESOLUTION OF THE CITY OF CARLSBAD AUTHORIZING BASIC AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE ENCINA WATER POLLUTION CONTROL FACILITY EXECUTION OF THE TWENTY-SIXTH SUPPLEMENT TO THE WHEREAS, the City of Vista is a member of the Encina Joint Powers which owns and operates the Encina Water Pollution Control Facility (EWPCF); and WHEREAS, the said EWPCF is comprised of ten (10) different:units, each of which is designated by the alphabetical letters "A" through "J"; and WHEREAS, Unit A and a portion of Unit B of the said EWPCF is no longer needed by the Encina Joint Powers for the operation of said EWPCF; and WHEREAS, it is for the best interests of the Encina Joint Powers that said Unit A and a Portion of said Unit €3 be released to the City of Vista as of January 1, 1984; and WHEREAS. the Joint Advisory Committee to the Encina Joint Powers has unanimously approved the proposed Twenty-Sixth Supplement to the Basic Agreement; and WHEREAS, a counterpart of said Twenty-Sixth 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-Sixth Supple- ment to the Basic Agreement relating to the Encina Joint Sewer System. I// /I/ /I/ /// /I/ 1 2 3 4 5 6 7 E s 1c 13 1: 1: 11 l! I( 1' 11 1 2 2 2 2 2 2 2 2 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 20thday of Decesober, 1983, by the following vote, to wit: AYES: NOES: None Council Menbers Casler, Lewis, Kulchin, Chick and Prescott ABSENT: None ATTEST : MARY H. dSLER, Mayor (SEAL) 2. TWENTY-SIXTH SUPPLEMENT TO BASIC AGREEMENT OF ENCINA JOINT POWERS PROVIDING FOR DELETION OF UNlT A AND POH'rIOIJ OF UN1'1' U OF EWPCF FROM ENCINA JOINT SEWEH SYSTEM, AND PROVIDING THAT OPl-:HATION, CONTHOL, ANI1 MAINTENANCE OF THE VISTA METl*:tl IN(; S'I'A'TTON 13b: SOL,K IIESF'ONSXRII,I'I'Y Ob* V 1 S'I'A 'l'&iis Twenty-Sixth I-jupplerrierit is rriade anti 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 MARCOS COUrJTY WATER DISTRICT (SAN MARCOS), a County Water District; BUENA SANITATION DISTHICT (BUENA), a County Sanitation District; EIWINITAS SANITARY DISTRICT (ENCINI- TAS), a Sanitary District; and LEUCADIA COUNTY WATER DISTRICT - (LEUCADIA), a County Water District. Recitals A. On or about July 13, 1961, the CITY OF CARLSBAD, a general law city, and the VISTA SANITATION DISTHICT entered into a written Joint Powers Agreement for acquisition, construction, ownership, and operation of a joint; sewer system, conimonly known as the Enciria Water Pollution Control Facility (EWPCF) ; said joint powers agreement is cornmonly known as Lhe "Basic Agreement." B. The aforesaid Basic Agreement has been modified and supplemented from time to time by written agreements executed by the parties to said Basic Agreement. C. Subsequent to July 13, 1961, BUENA, LEUCADIA, SAN MAHCOS, and ENCINITAS became parties to the said Basic Agreement. D. At all times since July 13, 1961, the Basic Agreement, as modified and supplement, has been and still is in full force and effect. E. On or about September 14, 1983, the VISTA SANITATION DISTRICT were dissolved and the functions theretofore performed by said District was assumed by the CITY OF VISTA, and the CITY OF VISTA has become a party to the Basic Agreement by virtue of the Twenty-Fifth Supplement. F. At execution of the Basic Agreement between CARLSBAD and VISTA, attached to said Agreement was an Exhibit "Bo which described the various units that constituted the Encina Sewer System. The said units were designated A through J. G. At all times since July 13, 1961, Unit A and Unit B of the Joint Sewer System have been, and still are, described as follows : Unit A: An outfall sewer along Buena Vista Creek between the existing Vista Sanitation District Treatment Plant and the city limits of CARLSBAD. Unit B: An outfall sewer along Buena Vista Creek between the easterly city limits of CARLSBAD and pumping station No. 1 located near the Buena Vista Lagoon. H. By virtue of the Third Amendment to the Basic Agree- ment, it was agreed that VISTA and operation of said Unit A, bear the cost of maintenance accordance with the percentage shall bear the cost of maintenance and that VISTA and CARLSBAD shall and operation of Units B and C in of those units owned by each party as defined in table showing allocation of capacity, which table was attached as Exhibit "C1l to said Third Amendment to the Basic \ Agreement. I. That there is situated within CARLSBAD a metering station commonly known as the Vista Metering Station, which station constitues a portion of Unit B of the Joint Sewer System. -2- J. The parties hereto desire to delete Unit A from the Joint Sewer System and release same to VISTA. K. The parties hereto desire to delete from Unit B of the Joint Sewer System that portion of Unit B described as follows: The Vista Metering Station and that portion of the outfall sewer commencing at the Carlsbad City Boundary and extending to Station 186 + 49.47 as shown on the Engineering Plans for construction of Buena Vista Creek Outfall Sewer, dated September 30, 1983, prepared by Fraser & Associates. L. VISTA and all other parties hereto have the right 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-Sixth Supplement to the Basic Agreement is entered into pursuant to said provision of the Government Code. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, the parties agree as follows : 1. Unit A of the Joint Sewer System described above herein is no longer needed as a part of the said Joint Sewer System, and should be, and is, released to VISTA as of January 1, 1984. 2. That the Vista Metering Station and that portion of Unit B of the Encina Joint Sewer System commencing at the city limits of CARLSBAD and extending to Station No. 186 + 49.47 as shown on Engineering Plans for construction of Buena Vista Creek Outfall Sewer dated September 30, 1983, prepared by Fraser G Associates is no longer needed as a part of the Joint Sewer System, and should be, and is hereby, released to VISTA as of January 1, 1984. -3- 7 3. Commencing as of January 1, 1984, VISTA shall have the sole responsibility for the control, operation, and maintenance of the aforesaid Unit A, the Vista Metering Station, and that portion of Unit B of the Encina Joint Sewer System described above in Paragraph 2 hereof. 4. VISTA agrees to calibrate the meters at the Vista Metering Station and to read the meters therein and to make such reports regarding the calibration of said meters and the flow registered upon such meters in accordance with the written poli- cies therefor established from time to time for all members of the Joint Powers by the duly appointed Administrator for the Encina Joint Powers. 5. After January 1, 1984, there shall be no Unit A of the Encina Joint Sewer System until otherwise agreed by the parties hereto. 6. As of January 1, 1984, the description of Unit B of the Encina Joint Sewer System as contained in the Basic Agreement is hereby modified to read as follows: "An outfall sewer along Buena Vista Creek between the east- erly city limits of CARLSBAD and Pumping Station No. 1 located near the Buena Vista Lagoon. Excepting therefrom the Vista Metering Station and that por- tion of the outfall sewer commencing at the city limits of CARLSBAD and extending to Station 186 + 49.47 as shown on the Engineering Plans for construction of Buena Vista Creek Outfall Sewer dated September 30, 1983, prepared by Fraser G Associates. 7. 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 the parties hereto. -4- 8. The provisions of this Twenty-Sixth Supplement to the and Basic Agreement shall inure to the benefit of the successors assigns of the respective parties hereto. 9. This Supplement may be executed in counterparts, and upon execution thereof by all parties set forth on Page 1 hereof, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this Twenty- Sixth 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 , 1983. Approved by Resolution No. 7441 on December 20 , 1983. Approved by Resolution No. on , 1983. Approved by Resolution NO. on , 1983. CITY OF VISTA, BY , Mayor CITY OF CARLSBAD, I MARY H. R , Mayor LEUCADIA COUNTY WATER DISTRICT SAN MARCOS COUNTY WATER DISTRICT, -5- 9 Approved by Resolution BUENA SANITATION DISTRICT, No. on . 1983. Approved by Resolution No. on , 1983. ENCINITAS SANITARY DISTRICT, -6-