Reso 0519-05/1979 RESOLUTION NO. 519
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT APPROVING
AGREEMENT TERMINATING SERVICES OF THE COUNTY
OF SAN DIEGO AS OPERATOR OF THE ENCINA WATER
POLLUTION CONTROL FACILITY EFFECTIVE JULY 1,
1979.
This Resolution approves the Agreement made and entered into as of
the 15th day of May, 1979, by and among the County of San Diego and Vista Sani-
tation District ("VISTA"), a County Sanitation District; City of Carlsbad
("CARLSBAD"), a Municipal Corporation; Buena Sanitation District ("BUENA"), a
County Sanitation District; San Marcos County Water District ("SAN MARCOS"), a
County Water District; Leucadia County Water District ("LEUCADIA"), a County
Water District; and Encinitas Sanitary District ("ENCINITAS") a Sanitary District.
RECITALS
A. VISTA, CARLSBAD, BUENA, SAN MARCOS, ENCINITAS and LEUCADIA
own and operate a Joint Sewer System, including the Encina Water Pollution Control
Facility and Ocean Outfall and related facilities pursuant to a Basic Agreement
dated July 13, 1961 between VISTA and CARLSBAD as amended and supplemented by
subsequent agreements to which VISTA, CARLSBAD, BUENA, SAN MARCOS, ENCINITAS and
LEUCADIA became parties thereto.
B. The aforesaid Basic Agreement Section 17, required in part,
that the joint system be maintained and operated by an independent contractor for
the period of two (2) years after commencement of the Joint System. That such an
independent contractor would be the County of San Diego.
C. The aforesaid Basic Agreement, Section 17, and the Third
Supplement to said Agreement, Section 12, provides that endorsement of each of
said Agreements by the County of San Diego acknowledges its consent to enter into
an agreement to operate and maintain the Joint System and charge for such service.
The County did endorse its consent upon said Agreements.
D. On August 3, 1965, the County of San Diego entered into a
written agreement with the other parties hereto wherein and whereby the County
of San Diego agreed to become the operator of the Joint System and would operate
and maintain said system for a period of two years from and after commencement of
the operation thereof.
Resolution No. 519
E. More than two (2) years have passed since the Joint System
commenced operation, but the County of San Diego, by mutual consent of all parties,
has continued to be and now is the operator of said Joint System.
F. It is in the best interests of all parties hereto that the
County of San Diego cease to be operator of the Joint System effective as of
July 1, 1979.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Commencing July 1, 1979, the County of San Diego shall
cease to be operator of the Joint Sewer System commonly known as
the ENCINA WATER POLLUTION CONTROL FACILITIES, and shall have no
further responsibility for the maintenance and/or operation of said
system or any part thereof, from and after 12:01 a.m. on July 1,
1979.
2. This agreement may be executed in counterparts, and
upon execution therof by all parties set forth on Page 1 hereof,
each such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, each party hereto has caused this agreement to
be signed by its respective officials heretofore duly authorized by the legis-
lative bodies thereof.
Approved by Resolution VISTA SANITATION DISTRICT
NO. ON BY:
Approved by Resolution CITY OF CARLSBAD
NO. ON BY:
Approved by Resolution BUENA SANITATION DISTRICT
NO. ON BY:
Approved by Resolution SAN MARCOS COUNTY WATER DISTRICT
NO. 519 ON 5-21-79 BY: ~ ~5~/~x~_~
BY: ~-,: ~
Approved by Resolution ~A~TER D~STR~CT
NO. ON BY:
BY:
Approved by Resolution ENCINITAS SANITARY DISTRICT
NO. ON BY:
BY:
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Resolution No. 519
PASSED, APPROVED AND ADOPTED this 21st day of May, 1979, by the
following roll call vote:
AYES: Directors: Keebaugh, Smith, Ferguson, Mahr, Blanchard
NOES: Di rectors: None
ABSTAIN: Di rectors: None
ABSENT: Di rectors: None
ATTEST:
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