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Reso 1221-06/2004RESOLUTION NO. 1221 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT PROVIDING CONSENT FOR USE OF EXCESS CAPACITY PENDING COMPLETION OF PHASE V EXPANSION WHEREAS, the Encina Wastewater Authority ("EWA") is proceeding with design and construction of an expansion of the Encina Water Pollution Control Facility in order to increase the capacity of the Joint System, known as Phase V; and, WHEREAS, pending completion of Phase V it may be necessary for one or more of the member agencies to utilize excess capacity in the Joint System, including unused capacity of another member agency; and, WHEREAS, section 6 of the "Revised Basic Agreement for Ownership, Operation and Maintenance of a Joint Sewage System" ("RBA") allows the member agencies to grant prior written consent of the use of a greater percentage of the Joint System than allocated to a member agency; and, WHEREAS, absent such consent, any member agency may ask EWA to enforce the capacity allocation provisions of section 9 of the RBA against an infringing member agency, including by initiating legal actions for injunctive relief and penalties; WHEREAS, it is in the best interests of EWA and its member agencies that enforcement of capacity allocations be suspended pending the completion of Phase V, and until such time as the capacity rights set forth in section 9 of the RBA can be restated to reflect the planned changes in capacity rights of the member agencies; and WHEREAS, the Board of Directors of Encina Wastewater Authority unanimously adopted EWA's Resolution No. 2004-15 suspending said enforcement; NOW, THEREFORE, BE IT RESOLVED: 1. The Board of the Vallecitos Water District approves this resolution. 2. In approving this resolution, Vallecitos Water District allows the other EWA member agencies to utilize any available unused capacity rights in the Joint System without penalty, until the later of the completion and acceptance of Phase V by EWA or the amendment of the RBA to reflect the changes in capacity rights in the Joint System, on the terms and conditions set forth below. 3. Pursuant to Encina Wastewater Authority's Resolution No. 2004-15, EWA shall: a. Notify all member agencies that unanimous approval has occurred, and transmit copies of all written approvals. b. Report monthly to the EWA Board of Directors on the amount of Resolution No. 1221 Page 2 excess usage, if any, by member agency. c. Continue to charge each member agency its fair share of operations and maintenance costs based upon actual usage and ownership of the Joint System in accordance with Section 16 of the RBA, current policies, practices and formulae. d. Refrain from enforcement of the provisions of sections 9.2.3, 9.2.5 and 9.2.6 of the RBA regarding use of capacity by a member agency. 4. Any member agency may withdraw its consent to use of unused capacity in the Joint System by giving written notice to EWA at such time as another member agency's usage is exceeding its projected capacity rights upon the completion of the Phase V facilities. In that event, EWA shall enforce the provisions of section 9 of the RBA at the request of any member agency. 5. A certified copy of this resolution shall be forwarded to EWA immediately upon its approval. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on the 16TH day of June, 2004 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CRUZ, DAVY, HANNAN, FERGUSON William W. Rucker, Secretary Board of Directors Vallecitos Water District MargarE. Ferguson, Pf sident Board of Directors Vallecitos Water District