Loading...
HomeMy WebLinkAbout1987-05-12; City Council; Resolution 9057.I 1 2 3 4 5 6 7 8 9 1c 13 12 12 2-4 1: 1E 17 I€ 1: 2c 21 2; 2: 24 2: 2t 27 2€ 0 RESOLUTION NO. 9057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE THIRTY-THIRD SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT TO CHANGE THE SEWER SERVICE AREA AND TO DELETE PROHIBITION AGAINST PUMPING BETWEEN BASINS. WHEREAS, this City is a party to the Encina Joint Powers Basic Agreement for the construction, operation and maintenance of the Encina Water Pollution Control Facility; and WHEREAS, said Basic Agreement provides, among other things, for a designated geographical area to be served by the Joint Sewer System, which area was designated by an Exhibit IIA" attached to the Basic Agreement; and WHEREAS, a provision of the Basic Agreement also prohibited pumping between the specific drainage basins that were designated in said agreement; and WHEREAS, by virtue of changes in the geographic boundaries of each member of the Encina Joint Powers and changes in the population projections for said members since creation of the Joint Powers, a need has arisen, and presently exists, to change the service areas to be served by the Encina Water Pollution Control Facility, and, to eliminate the prohibition against pumping between drainage basins; and WHEREAS, the Thirty-Third Supplement to the Basic Agreement provides for a change in the service areas and the elimination against pumping between drainage basins; and WHEREAS, the Joint Advisory Committee has considered and unanimously approved the Thirty-Third Supplement attached hereto and made a part hereof; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, it is in the best interests of this City to autho- execution of said Thirty-Third Supplement to the Basic Agree- rize ment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor of this City be, and is hereby, autho- rized to execute the Thirty-Third Supplement to the Encina Joint Powers Basic Agreement, which provides for a new service area to be served by the Encina Water Pollution Control Facility, and eliminates any prohibition against pumping between drainage basins. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of May , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES : None ABSENT: None ATTEST: (SEAL) 2 THIRTY-THIRD SUPPLEMENT TO BASIC AGREEMENT OF 'UiE ENCINA JOINT POWERS AMENDING THE BASIC AGREEMENT TO CHANGE THE SEWER SERVICE AREA AND TO DELETE THE PROHIBITION AGAINST PUMPING BETWEEN BASINS This Thirty-Third Supplement is made and entered into this day of , 1987, by and between the CITY OF CARLSBAD, a Municipal Corporation (hereafter "CARLSBAD"), CITY OF VISTA, a Municipal Corporation (hereafter "VISTA"), BUENA SANITATION DISTRICT, a County Sanitation District (hereafter "BUENA") , SAN MARCOS COUNTY WATER DISTRICT, a County Water District (hereafter "SAN MARCOS" 1, LEUCADIA COUNTY WATER DISTRICT, a County Water District (hereafter "LEUCADIA"), and ENCINITAS SANITARY DISTRICT, a Sanitary District (hereafter "ENCINITAS" . RECITALS A. VISTA, CARLSBAD, BUENA, ENCINITAS, LEUCADIA, and SAN MARCOS own and operate a joint sewer sytem commonly known as the ENCINA WATER POLLUTION CONTROL! FACILITY (hereinafter "EWPCF"). B. The Encina Joint Powers Agreement was entered into on 1961, at which time there was attached and incorporated July 13, therein as Exhibit A which depicted the area to be served by the EWPCF. C. That by virtue of changes in the geographic boundaries of each member of the Encina Joint Powers and changes in population projections for said members since creation of the * Encina Joint Powers, a need has arisen to change areas to be served by the EWPCF and tq eliminate the existing prohibition against pumping between drainage basins. D. An Amendment to the Basic Agreement is for the best I interests of the Encina Joint Powers and is necessary in order to make relevant population projeccions and develop a facilities 1; plan. I E. At a regular meeting on January 28, 1987, of the Joint Advisory Committee to the Encina Joint Powers, the proposed service areas, as depicted on Eyhibit A hereto, were unanimously approved. I I I F. This Thirty-Third Supplement to the Basic Agreement is made pursuant to the provision of Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California, commencing with Section 6500 relating to the exercise of powers common to all public agencies, each of which is authorized to contract with others pursuant thereto. NOW, THEREFORE, the parties hereto agree as follows: 1. That Exhibit "A" attached to this Thirty-Third Supplement be, and is, hereby substituted as Exhibit "A" to the Basic Agreement in place and instead of the Exhibit "A" provided for in subparagraph (a) of Section 3 of the Basic Agreement. 2. Section 4 of the Basic Agreement is hereby deleted, and a new Section 4 is hereby added to said Basic Agreement which shall read as follows: "Section 4. PUMPING BETWEEN DRAINAGE BASINS AND SERVICE AREAS. Notwithstanding anything to the contrary in this agreement, pumping between drainage basins and service areas shall be permitted in order to provide cost effective collection and treatment of wastewater. Such permitted pumping shall be at the discretion of each member of the Encina Joint Powers who deems pumping necessary or desirable." 3. This Supplement may be executed in counterparts, and upon execution thereof by all the parties set forth on Page 1 hereof, each such counter part shall be deemed to be an original. 7 ¶ * e IN WITNESS each party hereto has caused this Thirty-Third Supplement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution No. on , 1987. Approved by Resolution - NO, 9057 on May 12, , 1987. Approved by Resolution No. on CITY OF VISTA, ! BY: ! I i Mayor I CITY OF CARLSBAD, BY: LEUCADIA COUNTY WATER DISTRICT, BY: Pres iden t BY: Secretary Approved by Resolution No. on 1987. Approved by Resolution ' No. on 1987. SAN MARCOS COUNTY WATER DISTRICT, BY: President BY: Secretary BUENA SANITATION DISTRICT, BY: President BY: Secretary Approved b Resol ition No. on , 1987. ENCINITAS SANITARY DISTRICT, 1: I, BY: President BY: I Secretary 4