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1995-108 Second Amendment to FY 95-96 Encina Wastewater Budget for Land Acquisition RESOLUTION NO. 95-108 SECOND AMENDMENT TO THE FISCAL YEAR 1995/96 ENCINA WASTEWATER AUTHORITY CAPITAL BUDGET TO INCLUDE FUNDING FOR LAND ACQUISITION WHEREAS, the City of Encinitas is a party to the Encina Joint Powers Basic Agreement entered into on July 13, 1961, for the acquisition, construction ownership, operation and maintenance of the Encina Joint Sewer System; and WHEREAS, the Encina Basic Agreement, requires approval of the budget of the Encina Wastewater Authority (EWA) by the Member Agencies following the recommendation of the Joint Advisory Committee (JAC); and WHEREAS, the JAC thereafter approved the fiscal year 1995/96 budget of the EWA on May 24, 1995 and subsequently recommended that the budget be amended to include an additional $4.1 Million for the acquisition of land; WHEREAS, on June 14, 1995, the Board of Directors of the Encinitas Sanitary District (ESD) adopted ESD Resolution No. 95-01 approving the fiscal year 1995/96 EWA budget; and WHEREAS, on June 14, 1995, the Board of Directors of the Encinitas Sanitary District adopted ESD Resolution No. 95-06 amending the EWA Fiscal Year 1995/96 Budget to allow for land acquisition and approved an agreement authorizing EWA to acquire land on behalf of the Encina member agencies. On June 28, 1995 the land acquisition agreement with EWA was modified and was again approved by ESD; WHEREAS, ESD has subsequently been dissolved and is now administered by the City of Encinitas; WHEREAS, the City Council of the City of Encinitas desires to approve said second amended budget to include an additional $386,450 for a total of $4,456,450 for the acquisition of land, and provide for payment of its share of such expenses in accordance with the allocation provided in the Agreement authorizing the EWA to acquire land; and WHEREAS, Encina Wastewater Authority endeavors to acquire land for the benefit of the member agencies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas, that the fiscal year 1995/96 EWA budget is to be approved as follows: Section 1. That the fiscal year 1995/96 operating budget of the EWA, as approved by the JAC on May 24, 1995 in the amount of eight million, eight hundred eighty-eight thousand, two hundred and fifty-two dollars ($8,888,252) is hereby approved. Section 2. That the fiscal year 1995/96 capital budget of the EWA, as approved by the JAC on May 24, 1995, in the amount of five million, forty-two thousand, and eight hundred and fifty dollars ($5,042,850) is hereby approved (see Exhibit A attached). Section 3. The City Manager is hereby authorized to make payments on behalf of this agency to the EWA in accordance with the budget, as approved by JAC, and in accordance with the Encina Basic Agreement. Section 4. This resolution shall be forwarded to the EWA immediately upon its execution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Board held on 8th of November ,1995, by the following vote to wit: AYES: Aspell' B°nd' ~~i~ ~,~5 DuVivier ano NAYS: None ABSENT: Davis ABSTAIN: None . ' Chuck Du Vivier Mayor ATTEST: Deborah Cervone, Clerk of the Bo'&d