Reso 0731-08/1985 RESOLUTION NO. 731
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING EXECUTION
OF THE TWENTY-SEVENTH SUPPLEMENT TO AMEND SECTIONS
17.3(b) & (c) AND SECTION 32 OF THE BASIC AGREEMENT
RELATIVE TO RECLAMATION AND TO APPORTIONMENT OF
CHARGES OF OWNERSHIP AND USE OF EWPCF
WHEREAS, the CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION
DISTRICT, ENCINITAS SANITARY DISTRICT, LEUCADIA COUNTY WATER DISTRICT and SAN
MARCOS COUNTY WATER DISTRICT are parties to a Joint Powers Agreement (Basic
Agreement), which provides for the operation and maintenance of a joint sewer
system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY (EWPCF);
and
WHEREAS, Section 17.3 (b) of said Basic Agreement provides that all
expenses for operation and maintenance of the EWPCF shall be paid by members
of the 3oint Powers based on their respective flows to the EWPCF; and
WHEREAS, Section 17.3 (c) of said Basic Agreement requires the
Administrator of the Joint Powers to annually estimate the budget for EWPCF
based on all sewage originating in each of the jurisdictions, including
reclaimed wastewater; and
WHEREAS, Section 32 of the Basic Agreement requires that each menher
of the 3oint Powers pay a proportionate share of the operation and maintenance
cost of the EWPCF for all wastewater originating within its jurisdiction
without consideration for reclamation; and
WHEREAS, the Encina 3oint Powers obtained a grant from the Federal
Government for enlargement and upgrading of the EWPCF, which project is
commonly known as PHASE III ENLARGEMENT & UPGRADING; and
Resolution No. 731 continued
WHEREAS, Section 17.3 (b) & (c) and Section 32 of the Basic
Agreement are inconsistent with the requirements of the aforesaid Financial
and Revenue Plan; and
WHEREAS, the Twenty-Seventh Supplement will amend Section 17.3(b) &
(c) and Section 32 of the Basic Agreement so as to meet the requirments of the
aforesaid mandated Financial and Revenue Plan, and will provide consideration
for reclamation together with procedures for a review of proposed reclamation
facilities; and
WHEREAS, on May 22, 1985 the proposed Twenty-Seventh Supplement to
the Basic Agreement was considered by the Joint Advisory Committee to the
Joint Powers at a regular meeting thereof, and was unanimously approved by
said Joint Advisory Committee; and
WHEREAS, it is in the best interests of the District that its
representatives be authorized to execute the Twenty-Seventh Supplement to the
Basic Agreement.
NOW, THEREFORE, BE IT RESOLVED by the San Marcos County Water
District as follows:
Section 1: That the Encina representatives of the San marcos
County Water District be, and are hereby authorized to execute the
Twenty-Seventh Supplement, which Supplement amends Section 17.3(b) & (c) and
Section 32 of the Basic Agreement of the Encina Joint Powers.
Resolution No. 731 continued
PASSED, APPROVED AND ADOPTED this 5th day of August, 1985,
by the following roll call vote:
AYES: Directors Rutherford, Newport, Mahr
NOES: Directors Mason
ABSENT: Directors None
ABSTAIN: Directors Ferguson
~RYA~. NE~WP~t
Board of Directors
SAN MARCOS COUNTY WATER DISTRICT
ATTEST:
WILLIAM W. RUCKER,
Secretary
SAN MARCOS COUNTY WATER DISTRICT
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