Reso 0867-12/1989 RESOLUTION NO. 867
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT
ADOPTING AMENDMENTS TO THE
ENCINA JOINT POWERS BASIC AGREEMENT
GRANTING THE ENCINA ADMINISTRATIVE AGENCY
POWERS TO ACQUIRE PROPERTY
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 acquisition of a parcel of land upon which to
construct sludge composting facilities for use in connection with
management of sludge from the Encina Water Pollution Control Facility
is desired and necessary; and
WHEREAS, in connection with the acquisition of such a site,
it may be necessary to exercise powers of condemnation; and
WHEREAS, the Thirty-Seventh Supplement to the Basic
Agreement, executed August 1, 1988, created the Encina Administrative
Agency (EAA) to administer, manage, operate and maintain the Joint
Sewer System but did not grant the EAA condemnation powers and did not
explicitly empower the EAA to acquire property; and
WHEREAS, the Board of Directors of the Vallecitos Water
District has the ability and desires to grant to the said
Operator/Administrator the power to condemn property for the
acquisition of a site for use as a sludge composting facility and other
future purposes; and
WHEREAS, site may be located either within or outside the
boundaries of the Encina service area.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VALLECITOS
WATER DISTRICT DETERMINES AND ORDERS AS FOLLOWS:
ITEM 1: That Section 5 of the Basic Agreement is amended
as follows:
SECTION 5: RIGHTS OF WAY AND LAND ACQUISITION - EXPENSES
For the purpose of facilitating the purchase of land and
rights of way for the Joint System and the payment of the cost of
acquiring, constructing, maintaining and operating the Joint System,
the Operator/Administrator, or any other party hereto as agreed upon by
all parties hereto, shall act on its own behalf and on behalf of the
other parties hereto, in acquiring lands and rights of way necessary
for the Joint System for the ownership, operation, maintenance and use
of the Joint System and in paying all costs and expenses incurred by or
Resolution No. 867
Page Two
to be paid in connection therewith, and each of the other parties
hereto shall pay or cause to be paid into the funds of said
Operator/Administrator said party's proportionate share of said costs
and expenses in accordance with the terms of a separate agreement
approved unanimously by the member agencies.
ITEM 2: That the Joint Powers Agreement for the creation
of the EAA approved and adopted by the 37th Supplement to the Basic
Agreement be amended by adding Section 3.3.14 to read as follows:
3.3.14 The power and authority to purchase, lease or
condemn real property upon such terms and conditions as approved
unanimously by the member agencies.
ITEM 3: 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.
ITEM 4: Following adoption of these amendments, the EAA
shall issue a revised copy of the amended portions of the Basic
Agreement and its Supplements.
PASSED, APPROVED AND ADOPTED this 4th day of December, 1989,
by the following roll call vote:
AYES: Directors: Blalock, Burton, Ferguson, Mason, Newport
NOES: Directors:
ABSTAIN: Directors:
ABSENT: Directors:
Board of Directors
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District