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