Reso 0879-06/1990 RESOLUTION NO. 879
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT
ADOPTING AMENDMENTS TO THE
JOINT POWERS BASIC AGREEMENT PROVIDING
FOR INTERIM UNIT I OWNERSHIPS
DURING PHASE IV EXPANSION
WHEREAS, the Vallecitos Water District is a party to the Encina
Joint Powers Basic Agreement entered into on July 13, 1961, for the
acquisition, construction, ownership, operation, and maintenance of the
Encina Joint Sewer System; and
WHEREAS, the Thirty-Ninth Supplement to the Encina Basic
Agreement, executed December 13, 1988, provides for the allocation of
capacity (ownerships) and costs of Phase IV expansion upon completion of
said phase; and
WHEREAS, the Twenty-Seventh Supplement to the Basic Agreement,
executed July 16, 1985, provides for member agency sharing of Unit I
operation and maintenance costs based on ownership and usage; and
WHEREAS, the Board of Directors of the Vallecitos Water District
desires to amend the Thirty-Ninth Supplement to provide an interim
ownership and capacity allocation of Unit I during Phase IV construction;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Vallecitos Water District as follows:
SECTION 1: The Thirty-Ninth Supplement to the Basic Agreement
is to be amended as follows:
A new SECTION 10 is to 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:
LIQUID SOLIDS
AGENCY CAPACITY (MGD) % OWNERSHIP CAPACITY (MGD) % OWNERSHIP
VISTA 6.39 26.18 7.14 25.59
CAR[SBAD 6.23 25.53 6.94 24.86
BUENA 1.33 5.44 1.93 6.92
VALLECITOS 4.72 19.36 5.25 18.81
LEUCADIA 4.44 18.21 5.21 18.67
ENCINITAS 1.29 5.28 1.44 5.15
TOTAL 24.40 100.00 27.91 100.00
Resolution No. 879
Page Two
Upon completion of Phase IV, the ownerships and capacities will be
allocated according to Section 4 of the Thirty-Ninth Supplement to the Basic
Agreement."
SECTION 2: During the period of interim Unit I ownership and
capacity allocations prior to Phase IV completion, as described above, the
member agencies agree that when any member agency's Unit I flows exceed its
interim capacity allocation for the treatment of solids, liquids, or both,
for any continuous three-month average, such member agency shall lease
capacity equal to such excess from all of the member agencies with such
unused capacity rights on a pro rata basis. Such flows shall be based on
measured (ADS) flows, to the maximum extent feasible. The use of capacity
on a temporary basis shall be paid based upon the HYA Associates August,
1988, report calculation allocating 50 percent of the value of the available
capacity to the treatment of solids and 50 percent to the treatment of
liquids, for a total value of $72,500 per mgd per year.
SECTION 3: A new SECTION 11 will be added to said supplement to
read:
"SECTION 11: DEFINITION OF PHASE IV COMPLETION. For purposes 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
Summit/TIC construction contract."
SECTION 4: Existing SECTIONS 10 and 11 are to be renumbered 12
and 13, respectively.
SECTION 5: These amendments to the Basic Agreement shall become
effective on the day of adoption of a resolution approving the amendments
by the last of the governing bodies of the member agencies to so act.
SECTION 6: Following adoption of these amendments, the EAA
shall issue a revised copy of the amended portions of the Basic Agreement
and its supplements.
PASSED AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a regular meeting held on this 18th day of June, 1990, by
the following roll call vote:
AYES: Blalock, Burton, Ferguson, Mason, Newport
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Dale Mason, President William W. Rucker, Secretary
Board of Directors Board of Directors
Vallecitos Water District Vallecitos Water District