Loading...
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 -2-