HomeMy WebLinkAbout1991-08-06; City Council; Resolution 91-246',.*
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0 RESOLUTION NO. 91-246
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING THE REVISED ESTABLISHMENT DOCUMENT FOR
THE ENCINA ADMINISTRATIVE AGENCY RESTRICTING THE EXERCISE OF
POWERS TO THE MANNER OF ONE OF ITS MEMBERS
WHEREAS, the City of Carlsbad is a party to the Revised Establishment Docu
(RED) entered into on December 17, 1990 creating a public agency known as the Et
Administrative Agency (€44) to serve as the operator and administrator of the Encina
System, as described in the December 17, 1990 "Revised Basic Agreement For Ownet
Operation and Maintenance of a Joint Sewer System"; and
WHEREAS, Government Code Section 6509 provides that the powers exercised
joint powers authority shall be subject to the restrictions upon the manner of exercisin
powers of one of the contracting parties, which party shall be designated by the agreer
and
WHEREAS, the Board of Directors of the Encina Administrative Agency and the
Advisory Committee have recommended to the contracting parties modification of the
to identify Leucadia County Water District as the party to be designated; and
WHEREAS such modification does not change the powers, duties or purposes (
RED or of the Encina Administrative Agency, or the rights or obligations of the contrz
parties; and
WHEREAS, the City Council of the City of Carlsbad, California desires to approve
designation;
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. That the above recitations are true and correct
2. That the Revised Established Document of December 17, 1990 shall be am€
by adding Section 2.3.16, to read:
"2.3.1 6 The powers enumerated herein shall be exercised
subject to the restrictions upon the manner of exercising the
powers of the Leucadia County Water District pursuant to the
County Water District Law (Water Code 30000 et seq.)."
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3. This amendment shall be effective as of the date it is executed by all the me1
agencies.
4. This resolution shall be forwarded to the EAA immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Co
held on the 6th day of August, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Council Mem
ATTEST:
R. R& ALETHA L. RAUTENKRANZ, City Clerk )
(SEAL)