Reso 0544-06/1980 RESOLUTION NO. 544
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING
EXECUTION OF THE FIFTEENTH SUPPLEMENT TO THE
BASIC AGREEMENT FOR ENCINA JOINT SEWER SYSTEM
TO APPROVE RERATING'FROM 13.75 MGD TO 16.0 MGD
AND FOR APPORTIONMENT OF INCREASED CAPACITY,
AND FOR THE JOINT SYSTEM TO BECOME A REGIONAL
SOLIDS HANDLING FACILITY.
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 Agree-
ment, ("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, from 1965 to present the design capacity of the joint
sewer system has been increased from 3.75 MGD ADF; and
WHEREAS, the system is currently providing primary treatment for
12.3 MGD prior to discharge in the ocean outfall; and
WHEREAS, the joint sewer system has a capacity to treat 16 MGD ADF
and the peak wet weather capacity of said system is 34.8 MGD; and
WHEREAS, the demands for disposal and treatment of wastewater have
so increased since inception of the joint system as to require that the total
capacity be rerated from 13.75 to 16.00 MGD and that the increased capacity
of 2.75 be apportioned among the members of the joint powers; and
WHEREAS, the best interests of the inhabitants of this District
will be served by increasing such capacity; and
WHEREAS, all members of the joint powers agreement for operation
of said sewer system have determined that the health, safety and welfare of
the inhabitants within the jurisdiction of each member of the joint powers
will be better served by having the sewer system presently become a Regional
Solids Handling Facility; and
WHEREAS, there has been presented to the Board of Directors of this
District a proposed Fifteenth Supplement to the Basic Agreement which would
increase the capacity of said EWPCF and cause said system to promptly become
a Regional Solids Handling Facility; and
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Resolution No 544
WHEREAS, the Joint Advisory Committee to all the parties to the
Basic Agreement has unanimously approved the proposed Fifteenth Supplement
to the Basic Agreement; and
WHEREAS, it is the best interest of this District to execute said
Fifteenth Supplement; and
WHEREAS, a copy of the Fifteenth Supplement to the Basic Agreement
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 1: That the Board of Directors of this District
be, and is, hereby authorized to execute the
Fifteenth Supplement to the Basic Agreement
for the Encina Joint Sewer System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Board
of Directors on the 2nd day of June, 1980, by the following roll call vote:
AYES: Directors: Holm, Mason, Waller, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
ATTEST:
FIFTEENTH SUPPLEMENT TO BASIC
AGREEMENT PROVIDING FOR RERATING
OF ENCINA WATER POLLUTION CONTROL
FACILITIES FROM 13.75 MGD to 16.0 MGD
AND FOR APPORTIONMENT OF INCREASED
CAPACITY; AND FOR EWPCF TO BECOME A
REGIONAL SOLIDS HANDLING FACILITY
This Fifteenth Supplement is made and entered into this .. day
of , 1980, by and among: VISTA SANITATION DISTRICT (VISTA),
a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law
City; 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, LEUCADIA and ENCINITAS own
and operate the Encina Water Pollution Control Facility and
Ocean Outfall (and related facilities); hereafter referred to
as "EWPCF".
B. By agreement dated July 13, 1961, VISTA and CARLSBAD entered
into the "BASIC AGREEMENT" for the acquisition, construction
and operation of the EWPCF. The other parties hereto became
parties to said BASIC AGREEMENT by virtue of Supplements thereto.
C. At the time said BASIC AGREEMENT was entered into, the EWPCF was
designed to have a minimum capacity to receive and treat and
dispose of three and one-half (3.5) million gallons average daily
flow of sewage, and upon commencement of operation in September,
1965, provided primary treatment for ADWT capacity of 4.50 MGD.
D. The EWPCF is presently capable of treating an average daily
wastewater flow of 16.0 MGD, as well as treating solids from
20.9 MGD of wastewater flow. The peak wet weather flow capacity
of said facility is 34.8 MGD.
E. Approximately 12.3 MGD of wastewater is presently provided
primary treatment at the EWPCF prior to discharge through the
Ocean Outfall.
F. The present design rating of the EWPCF is 13.75 MGD, and it is
contemplated by the parties hereto that upon completion of Phase III
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Upgrading and Enlargement, which is now in progress, that the
EWPCF will have a rated capacity of 18.0 MGD.
G. The Joint Advisory Committee to the herein Joint Powers has
unanimously approved the capacity of each party in the EWPCF so
that the total capacity of all members in the facility will be
16.0 MGD, average daily flow, upon execution of this agreement
by all parties.
H. The increased capacity from 13.75 MGD to 16.0 MGD, average daily
flow, will be apportioned among the parties in the same percen-
tage that each party's percentage of ownership in the facility
bears to the total ownership of all parties hereto.
I. The demands for disposal and treatment of wastewater within the
jurisdiction of each party hereto have increased so as to re-
quire for the best interest of the inhabitants therein that the
rerating agreed to herein be accomplished forthwith.
J. The best interest of all parties hereto and the inhabitants of
the geographical areas over which the respective parties hereto
exercise control require that the EWPCF become a Regional Solids
Handling Facility, and the Joint Advisory Committee to the herein
Joint Powers have unanimously approved that concept.
K. This Fifteenth Supplement to the Basic Agreement is made pursuant
to the provisions of Article 1, Chapter 5, Division 7, Title I of
the Government Code of the State of California (commencing with
Section 6500), relating to the joint exercise of powers common to
all public agencies, in this case being VISTA, CARLSBAD, BUENA,
SAN MARCOS, LEUCADIA and ENCINITAS, each of which is authorized
to contract with the others pursuant thereto.
NOW, THEREFORE, in consideration of the promises, covenants, and
agreements herein contained, the parties hereto agree as follows:
SECTION 1. This agreement shall be a supplement to, and form a part
of, the Basic Agreement, as amended and supplemented.
SECTION 2. The rated capacity of the EWPCF shall be increased from
13.75 MGD ADF to 16.0 MGD ADF pending completion of
Phase III Upgrading and Enlargement, and further modifi-
cation of the Basic Agreement.
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SECTION 3. The capacity of each of the parties hereto for discharge
of wastewater into the EWPCF shall forthwith be increased
by the following million gallons per day (MGD):
CITY OF CARLSBAD: 0.562
VISTA: 0.664
BUENA: 0.102
SAN MARCOS: 0.392
LEUCADIA: 0.368
ENCINITAS: 0.163
SECTION 4. The table set forth below is a true and accurate state-
ment of the following:
(a) Percentage of ownership of each party in the EWPCF;
(b) The capacity of each party in the EWPCF based on
13.75 MGD.
(c) The capacity of each party in the EWPCF in MGD ADF
based on 16.0 MGD ADF.
(d) The increase in MGD ADF of each party by reason of
rerating from 13.75 MGD ADF to 16.0 MGD ADF.:
AGENCY % OWNERSHIP 13.75 MGD ADF 16 MGD ADF CAPACITY
CAPACITY CAPACITY INCREASE
CARLSBAD 24.95 3.430 3.992 0.562
VISTA 29.46 4.050 4.714 0.664
BUENA 4.51 0.620 0.722 0.102
SAN MARCOS 17.45 2.400 2.792 0.392
LEUCADIA 16.36 2.250 2.618 0.368
ENCINITAS 7.27 1.000 1.163 0.163
SECTION 5. The EWPCF shall become a Regional Solids Handling
Facility, and each party hereto shall cooperate in the
development and execution of an agreement for the
apportionment of costs for the operation and maintenance
of the facility by reason of such solids handling.
Provided, however, pending further amendment of the
Basic Agreement, the agreements heretofore entered into
among the parties hereto regarding apportionment of cost
for the operation of the facility shall remain in force
and effect.
SECTION 6. Each party shall, insofar as legally permissible, execute
and deliver any documents necessary to obtain any permit
from the State, Federal, County or local agency having
regulatory powers over the EWPCF or any part thereof,
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which results from the rerafing described herein and/or
the operation of said facility as a Regional Solids
Handling Facility.
SECTION 7. This agreement may be executed in couterparts, and upon
execution thereof by all of the parties named on page
one hereof, each such counterpart shall be deemed to be
an original.
IN WITNESS WHEREOF, each party hereto has caused this Fifteenth
Supplement to the Basic Agreement to be signed by its respective officials
heretofore duly authorized by the legislative bodies thereof.
Approved by resolution VISTA SANITATION DISTRICT
No on
BY:
No on CITY OF CARLSBAD
BY:
No on BUENA SANITATION DISTRICT
BY:
No 544 on SAN MARCOS COUNTY WATER DISTRICT
:
No on LEUCADIA COUNTY WATER DISTRICT
BY:
No on ENCINITAS SANITARY DISTRICT
BY:
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