1998-067 Encina Wastewater Resolution No. 98-67
A Resolution of the City Council, City of Encinitas
Approving Amendments to the Encina Wastewater Authority
Revised Basic Agreement For Ownership, Operation and
Maintenance of A Joint Sewage System,
Sections 13.1.3 and 13.1.7
WHEREAS, the City of Encinitas (then Encinitas Sanitary District) became a member of the
Encina Wastewater Authority on August 17, 1971 and acquired certain interests and capacity
rights in the Joint System, and
WHEREAS, it is the desire of the City and other members of the Encina Wastewater Authority
to (a) continue functioning through a joint powers authority and (b) modify the enabling legal
documents for the joint powers authority by amending the Revised Basic Agreement, Section
13.1.3, O & M Contributions, and 13.1.7, Capital Contributions, to provide for billing and
payment of actual costs in arrears,
NOW THEREFORE, BE IT RESOLVED, that pursuant to Article 1, Chapter 5, Division 7, Title
1 of Califomia Government Code, the City Council, City of Encinitas, approves the amendment
of the Encina Wastewater Authority Revised Basic Agreement, as follows:
A: Section 13.1.3 to read as follows:
"13.1.30&Mcontributions. Each member agency shall pay its estimated portion ofthe
budgeted operation, maintenance, and administration costs and shall pay its actual portion
of the costs as determined pursuant to Section 16 of this Revised Basic Agreement.
Quarterly on October 15, January 15, April 15 and July 15, the Operator/Administrator
shall bill the member agencies and the member agencies shall deposit with the
Op.erator/Administrator approximately one fourth of the annual cost of operation,
maintenance and administration for the preceding quarter as described herein. Provided,
however, that each invoice shall be increased or decreased to adjust the estimated amount
payable based upon the estimated total expenses incurred in the preceding quarter and the
estimated total amount ant strength of wastewater received from each member agency
during the preceding quarter. In the event that at the end of any fiscal year the amount
paid by a member agency exceeds the amount that should have been charged, the excess
shall be credited to the member agency the following fiscal year. In case of an
underpayment, the member agency shall be assess the amount that should have been
charged in the following fiscal year."
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"Each member agency shall make quarterly contribution payments to the
Operator/Administrator promptly at the time they become due."
B. Section 13.1.7 to read as follows:
"13.1.7 Capital Contributions. Each member agency shall pay its actual portion of the
capital costs except as noted in Section 18 of this Revised Basic Agreement. Quarterly
on October 15, January 15, April 15 and July 15, the Operator/Administrator shall bill the
member agencies and the member agencies shall deposit with the Operator/Administrator
approximately one fourth of the actual estimated capital costs incurred in the preceding
quarter, except as otherwise specified in Section 18. Any capital funds remain/rig at the
end of the fiscal year shall be retained and credited toward the member agencies for the
following fiscal year. Any capital expenses unfunded at the end of the fiscal year shall be
debited and charged to the member agencies in the following year."
"Each member agency shall make quarterly contribution payments to the
Operator/Administrator promptly at the time they become due."
ADOPTED ON AUGUST 12, 1998
ADOPTED by the following vote:
AYES: Aspell, Bond, Davis, DuVivier
NAYS: No n e.
ABSENT/ABSTAIN: Cameron
ATTEST: ~U A~P~L'~IaTj --
DEBORA~ CER¥ONE, City Clerk
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