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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 -1- 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 -1- 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. -2- 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, -3- 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: -4-