Reso 0441-08/1976 RESOLUTION NO. 441
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT RE-
CITING THE CONSIDERATION FOR THE BOARD
OF DIRECTORS ADOPTING RESOLUTION NO. 435
APPROVING MODIFICATIONS IN THE PHASE III
ENLARGEMENT AND UPGRADING OF THE ENCINA
WATER POLLUTION CONTROL FACILITIES PROJECT
WHEREAS, on August 2, 1976, at a regular meeting of the
Board of Directors, Resolution No. 435 was adopted approving modi-
fications in the Phase III enlargement and upgrading of the Encina
Water Pollution Control Facilities [PROJECT]; and
WHEREAS, the Basic Agreement concerning the Encina
facility provides in the second Recital (second paragraph) on
page 2 of that Agreement that the facility "... will be enlarged
and expanded from time to time as the needs of the parties require;
"- and
WHEREAS, section 15 of the basic agreement provides that
any party requiring additional capacity in excess of the proportionate
capacity allocated under the Agreement may rent or purchase from
another party such additional capacity as may be transferred without
detriment to the needs of such other party and in the discretion of
the governing body of said other party [having excess capacity] pur-
suant to rental or purchase terms as agreed upon between the acquiring
party and the releasing party; and
WHEREAS, in the past the Encina facility has accommodated
the City of Oceanside, not a party to the system or the Agreement, by
allowing the City of Oceanside to utilize the Encina plant on an interim
basis; and
WHEREAS, Section 23 of the basic agreement provides that a
party may at its sole cost and expense enlarge the facility and that
no other party shall unreasonably withhold consent to such enlargement;
and
WHEREAS, pursuant to Section 23, the SAN MARCOS COUNTY WATER
DISTRICT acted to enlarge the facilities of the plant in Phase IIA and
in the spirit of cooperation with the other participating agencies,
agreed to share the enlargement project of Phase IIA with other parti-
cipating agencies; and
Resolution No. 441
WHEREAS, Section 37 of the basic agreement (at pages 26 and 27)
provides for the purchase at a reasonable price of any available excess
capacity; and
WHEREAS, Section 35 provides for the settlement of any con-
troversies by means of arbitration; and
WHEREAS, grant funds have been utilized in the enlargement
of the Encina facility and insofar as Federal and State grant fund
authorities are concerned the system is a regional system and the grant
regulations require that the facility be operated on a regional basis,
in a fair and equitable manner and to provide for the existing and
foreseeable needs of the participating agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY
WATER DISTRICT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1: In reliance on the provisions of the basic agree-
ment, in part referred to above, and in reliance upon the provisions
of the grant regulations governing the operation of a regional sewer
system, and with the expectation of mutual cooperation between all
participating agencies, the SAN MARCOS COUNTY WATER DISTRICT adopted
Resolution No. 435 in form and content as requested by the other parti-
cipating agencies and as recommended by the Joint Advisory Committee.
Section 2: The Secretary of the SAN MARCOS COUNTY WATER
DISTRICT is hereby authorized and directed to transmit a certified copy
of this Resolution to each of the participating agencies.
PASSED, ADOPTED AND APPROVED by the Board of Directors of
SAN MARCOS COUNTY WATER DISTRICT at a regular meeting of the Board of
Directors on August 16, 1976, by the following roll call vote:
AYES: Directors: Michel, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
~'~ ABSENT: Directors: None
Presi~en of the Board of Dir/e~tors
of San~~rcos County Water District
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