Reso 0675-10/1983 RESOLUTION NO. 675
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
AUTHORIZING EXECUTION OF THE TWENTY-FIFTH SUPPLEMENT
TO THE BASIC AGREEMENT FOR THE ENCINA JOINT SEWER
SYSTEM TO SUBSTITUTE THE CITY OF VISTA IN PLACE OF
THE VISTA SANITATION DISTRICT
WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia
County Water District, San Marcos County Water District, Buena Sanitation
District and Encinitas Sanitary District are parties to a Joint Powers
Agreement which provides for the operation and maintenance of a joint sewer
system commonly known as the Encina Water Pollution Control Facility; and
WHEREAS, there is in progress construction of improvements to the
joint sewer system known as Phase III Upgrading and Enlargement; and
WHEREAS, the parties to the Basic Agreement have by written
agreement designated the Vista Sanitation District to be the Administrator of
said Phase III Upgrading and Enlargement; and
WHEREAS, the Vista Sanitation District has been dissolved and the
functions theretofore performed by said District have been assumed by the City
of Vista; and
WHEREAS, it is necessary that the City of Vista become a party to
the Basic Agreement, and it is in the best interest of all parties to said
Basic Agreement that the City of Vista be appointed as the Administrator of
Phase III Upgrading and Enlargement; and
WHEREAS, the Joint Advisory Committee to all parties to the Basic
Agreement has unanimously approved the proposed Twenty-Fifth Supplement; and
WHEREAS, a counterpart of said Twenty-Fifth Supplement is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the San
Marcos County Water District as follows:
Section l: That the Board of Directors be and are hereby
authorized to execute the Twenty-Fifth Supplement to
the Basic Agreement relating to the Encina Joint
Sewer System.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors on the 17th day of October, 1983, by the following roll call vote:
AYES: Directors: Newport, Mason, Ferguson, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Holm
San Marcos County Water District
ATTEST
TWENTY-FIFTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR SUBSTITUTING THE CITY OF
VISTA AS A PARTY TO THE BASIC AGREEMENT
FOR OWNERSHIP AND OPERATION OF EWPCF IN
PLACE OF VISTA SANITATION DISTRICT, AND TO
AUTHORIZE SAID CITY TO ACT AS ADMINISTRATOR
FOR PHASE III UPGRADING AND ENLARGEMENT
· This Twenty-Fifth Supplement is made and entered into this
day of , 1983, by and among: THE CITY OF VISTA,
{VISTA}, a General Law City; CITY OF CARLSBAD (CARLSBAD}, a
General Law City; SAN MARCOS COUNTY WATER DISTRICT {SAN MARCOS},
a CoUnty Water District; BUENA SANITATION DISTRICT {BUENA}, a
County Sanitation District; ENCINITAS SANITARY DISTRICT {ENCINI-
TAS}, a Sanitary District; and LEUCADIA COUNTY WATER DISTRICT
{LEUCADIA}, a County Water District.
Recitals
A. On or about July 13, 1961, the CITY OF CARLSBAD,
general law city, and the VISTA SANITATION DISTRICT entered into
a written Joint Powers Agreement for the acquisition, construc-
tion, ownership, and operation of a joint sewer system, commonly
known as the Encina Water Pollution Control Facility {EWPCF};
said joint powers agreement is commonly known as the "Basic
Agreement."
B. The aforesaid Basic Agreement has been modified and
supplemented from time to time by written agreements signed by
the parties to said Basic Agreement.
C. BUENA became a party to the Basic Agreement by virtue
of the Second Supplement thereto dated January 6, 1964.
D. SAN MARCOS became a party to the Basic Agreement by
virtue of the Third Supplement thereto dated March 22, 1965.
E. LEUCADIA and ENCINITAS became parties to the Basic
Agreement by virtue of the Fifth Supplement thereto dated
September 17, 1971.
F. At all times since July 13, 1961, the BaSic Agreement,
as modified and supplement, has been and still is in full force
and effect.
G. On or about September 14, 1983, the VISTA SANITATION
DISTRICT was dissolved and the functions theretofore performed by
said District was assumed by the CITY OF VISTA.
H. That the CITY OF VISTA, as the successor in interest to
the VISTA SANITATION DISTRICT, desires to immediately become a
party to the Basic Agreement as modified and supplemented, with
the same rights, duties, and obligations, and upon the same terms
and conditions of the Basic Agreement, as provided therein for
the VISTA SANITATION DISTRICT.
I. It is for the best interests of the CITY OF VISTA, and
all parties hereto, that the CITY OF VISTA become a party to the
BaSic Agreement in that it is necessary for the CITY OF VISTA to
utilize the facilities of the joint sewer system in serving its
inhabitants.
'J. The CITY OF VISTA and all other parties hereto have the
right and power to enter into this agreement pursuant to Section
6500, et. seq., 'of the California Government Code which
authorizes the parties by agreement to Jointly exercise any
power or powers common to them; and this Twenty-Fifth Supplement
is entered into pursuant to said provisions of the Government
Code.
K. At the time of its dissolution, the VISTA SANITATION
DISTRICT was the administrator on behalf of the Encina Joint
Powers for Phase III Upgrading and Enlargement of the'EWPCF, and
it is essential to the best interests of all parties hereto that
the CITY OF VISTA, as successor in interest to said district,
also '1. be appointed by the parties hereto to act as said
administrator pending completion of said Phase III.
NOW, THEREFORE, in consideration of the promises and mutual
covenants and agreements herein contained, the parties agree as
follows:
1. The CITY OF VISTA shall become, and is hereby made, a
party to the Basic Agreement, as heretofore modified and supple-
mented, in lieu and in place of the VISTA SANITATION DISTRICT,
and is subject to, and assumes and agrees to perform all the
rights, duties, obligations, conditions, and covenants therein to
which the VISTA SANITATION DISTRICT was bound at the time of its
dissolution.
2. The CITY OF VISTA shall be, and is, the administrator
for the Encina Joint Powers for Phase III Upgrading and Enlarge-
ment of the EWPCF, and is hereby authorized to do all acts
necessary to substitute itself as such administrator in place of
the VISTA SANITATION DISTRICT, and'to do all acts as such admini-
strator that VISTA SANITATION DISTRICT was heretofore empowered
to do in relation ~o Phase III Upgrading and Enlargement by
virtue of its written agreement with the parties hereto and by
virtue of its agreements entered into with the State of Cali-
fornia and the United States Environmenta~'-Protection Agency.
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Approved by Resolution BUENA SANITATION DISTRICT,
No. on
, 19~3. -'
By
App~oved by Resolution ENCINITAS SANITARY DISTRICT,
No. o~
, 1983.
By
3. The Basic Agreement as heretofore modified and supple-
mented shall continue in full force and effect until further
· modified or supplemented in writing signed by all parties hereto.
IN WITNESS WHEREOF, each par~y hereto has caused this Twenty-
Fifth Supplement Co the "Basic Agreement" to be signed by its
respective officials heretofore duly authorized by the legisla-
tive body thereof.
Appr ed by Resolution CITY OF VISTA,
No. on
, 1983.
By
, Mayor
Approved by Resolution CITY OF CARLSBAD,
No. on
, 1983.
By
, Mayor
ApprOved by Re'solution LEUCADIA COUNTY WATER DISTRICT
No. on
, 19~3.
By
Approved by Resolution SAN MARCOS COUNTY WATER
No. 675 on DISTRICT,
Oct. 17 , 1983. ? . ~.~_..
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