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Reso 0828-10/1988 RESOLUTION NO. 828 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT APPROVING EXECUTION OF THE 39th SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT PROVIDING FOR APPORTIONMENT OF COSTS AND CAPACITY RIGHTS IN THE ENCINA WATER POLLUTION CONTROL FACILITY BY REASON OF THE PHASE IV EXPANSION WHEREAS, the San Marcos County Water District is a party to the Encina Joint Powers Basic Agreement providing for the ownership, operation and maintenance of the Encina Joint Sewer System; and WHEREAS, all parties to said Basic Agreement have agreed that a Phase IV expansion of Encina Water Pollution Control Facility is necessary; and WHEREAS, it is necessary to allocate and apportion the cost of said Phase IV Expansion and to adjust the capacity rights of the parties to the Basic Agreement in order to balance the capacity rights of the Parties in and to Unit "I" (treatment plant) and Unit "J" (outfall). The 39th Supplement provides for such apportionment and allocation; and WHEREAS, the Joint Advisory Committee to the Encina Joint Powers has unanimously approved the said 39th Supplement to the Basic Agreement; and WHEREAS, it is for the best interests of the San Marcos County Water District that said 39th Supplement to the Basic Agreement be executed by this District. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1: That the President of the Board of Directors of the San Marcos County Water District be, and is hereby authorized and directed to execute the 39th Supplement to the Encina Joint Powers Basic Agreement. -1- PASSED AND ADOPTED at a regular meeting of the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT held on the 3rd day of October, 1988, by the following roll call vote: AYES: DIRECTORS: Mason, Newport, Rutherford, Ferguson NOES: DIRECTORS: Mahr ABSTAIN: DIRECTORS: ABSENT: DIRECTORS: San Marcos County Water District ATTEST: WILL~ W. RUCKER, Secretary Board of Directors San Marcos County Water District -2-