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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." PWD RAN G:kAGENDA\EWA_BILL.DOC 8/4/983:38 PM "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 PWD RAN G:~AGENDA\EWA_BILL.DOC 8/41983:38 PM