HomeMy WebLinkAbout1990-06-26; City Council; Resolution 90-209+
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RESOLUTION NO. 90-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTION AMENDMENTS TO THE
ENCINA JOINT POWERS BASIC AGREEMENT PROVIDING FOR
INTERIM UNIT I OWNERSHIP DURING PHASE IV EXPANSION
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WHEREAS, the City is a party to the Encina Joint Powers Basic Agreement enter
on July 13, 1961 for the acquisition, construction,ownership, operation and maintenancc ' /I Encina Joint Sewer System; and
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11 WHEREAS, the Twenty-Seventh Supplement to the Basic Agreement, executed L
12 1985 provides for Member Agency sharing of Unit I operation and maintenance costs
13 on ownership and usage; and
14 WHEREAS, the City Council of the City of Carlsbad desires to amend the Thirt
15 Supplement to provide an interim ownership and capacity allocation of Unit I during Pt
16 construction.
WHEREAS, the Thirty-Ninth Supplement to the Encina Basic Agreement, ex
December 13, 1988, provides of the allocation of capacity (ownerships) and costs of Pt
expansion upon completion of said Phase; and
17 NOW THEREFORE, BE IT RESOLVED by the City Council Board of Directors 01
l8 I/ -as follows:
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Section A. That the Thirty-Ninth Supplement to the Basic Agreement be amen
follows:
A new Section 10 be added to read:
Section 10 ALLOCATION OF INTERIM OWNERSHIP AND CAPACITY IN UNIT I -
The interim Unit I (Liquid and Solids) ownerships as of July 1, 1990 during
construction of Phase IV, based on 50% completion, shall be as follows:
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AGENCY CAPACITY (MGD)/
VISTA 6.39
CARLSBAD 6.23
BUENA 1.33
VALLECITOS 4.72
LEUCADIA 4.44
ENCINITAS 1.29
24.40
OWNERSHIP% CAPACITY OWNERSHIP
26.1 8 7.1 4 25.59
25.53 6.94 24.86
5.44 1.93 6.92
19.36 5.25 18.81
18.21 5.21 18.67
5.28 - 1.44 5.1 5
100 27,90 1 00
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Section 4 of the Thirty-Ninth Supplement to the Basic Agreement. 7
Upon Completion of Phase IV onwerships and capacities will be allocated accorl
8 Section B. During the period of interim Unit I ownership and capacity allocation
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Member Agency's Unit I flows exceed its interim capacity allocation for the treatment of lo
to Phase IV completion, as described above, the Member Agencies agree that whc
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liquids, or both, for any continuous three month average, such Member Agency shall r
capacity equal to such excess from all of the Member Agencies with such unused ci
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rights on a pro rata basis. Such flows shall be based on measured (ADS) flows,
/I maximum extent feasible. The use of capacity on a temporary basis shall be paid basec 15
16 I1 the HYA Associates August 1988 Report calculation allocating 50 percent of the value
lr ll available capacity to the treatment of solids and 50 percent to the treatment of liquids, for
18 value of $72,500 per rngd per year.
19 Section C. A new Section 11 will be added to said supplement to read:
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Section 11 Definition of Phase IV Completion - For purpose of
Phase IV capacity allocated under Section 4., "completion" is
defined as the time when the entire additional treatment train is
available for use in compliance with regulatory permits (NPDES,
APCD, etc.) and the Western SumrnittfllC construction contract.
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Section D. Existing Section 10. and 11. are to be renumbered 12 and 13, respec
Section E. These amendment to the Basic Agreement shall become effective on tt
of adoption of a resolution approving the amendment by the last of the governing bodies
member agencies to so act.
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Section F. Following adoption of these amendments, the EAA shall issue a revise 1 11 of the amended portions of the Basic Agreement and its supplements. 2
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6 NOES: None
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
held on the 26thday of June , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and I
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ABSENT: None
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ATTEST: 10
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12 ALETHA h$R- L. RAUTENKRANZ, City Clerk
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(SEAL)
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