Reso 0789-06/1987 RESOLUTION NO. 789
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING
EXECUTION OF THE THIRTY-FIFTH SUPPLEMENT TO THE
ENCINA JOINT POWERS BASIC AGREEMENT APPROVING
AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY
OF VISTA AND THE CITY OF OCEANSIDE FOR TEMPORARY
EXCHANGE OF FLOWS BETWEEN AGENCIES.
WHEREAS, this District is a party to the Encina
Joint Powers Basic Agreement for the construction, operation,
and maintenance of the Encina Water Pollution Control Facility;
and
WHEREAS, Section 4 of the Basic Agreement restricts
service between drainage basins and service areas, and further
provides in Section 13, that no party to the Basic Agreement
shall, in any way, grant, encumber, limit, or restrict its
interest in any part of said joint sewer system without the
prior consent of the other parties to the Basic Agreement.
WHEREAS, pursuant to the requirements of the Basic
Agreement, Vista requested that the Encina Joint Powers approve
of its said Agreement with Oceanside, and, pursuant to said
request the parties hereto adopted the Thirty-First Supplement
to the Basic Agreement during the month of December, 1985,
which approved said agreement for exchange of flows and
provided that it must be terminated no later than October 24,
1986.
WHEREAS, the time period has expired during which
said agreement was agreed to remain in force and effect, and,
the Cities of Oceanside and Vista have requested that the
Encina Joint Powers approve of an extension of said agreement
to June 30, 1988.
WHEREAS, approval of said extension by the Encina
Joint Powers is in the best interest of the public health,
welfare and safety of the residents of certain portions of
North San Diego County.
WHEREAS, the Thirty-Fifth Supplement has been
submitted to, and approved by, the Joint Advisory Committee
constituted by representatives of each party hereto.
WHEREAS, the Joint Advisory Committee has considered
and unanimously approved the Thirty-Fifth Supplement attached
hereto and made a part hereof; and
NOW, THEREFORE, BE IT RESOLVED by the Board of
Directors of the SAN MARCOS COUNTY WATER DISTRICT as follows:
Resolution No. 789
Page 2
Section 1: The President of this District be,
and is hereby, authorized to execute the Thirty-Fifth
Supplement to the Encina Joint Powers Basic Agreement, which
provides for approval of an extension of an agreement between
the Cities of Vista and Oceanside for temporary exchange of
sewage between Agencies.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the Board of Directors held this 15th day of June, 1987 by the
following roll call vote:
AYES: Directors: Ferguson, Mason, Newport
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Mahr, Rutherford
Board of Directors
San Marcos County Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District