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HomeMy WebLinkAbout1981-08-14; City Council; Resolution 66511 2 3 4 5 6 7 e 9 1c 11 1: 1: 14 If 1E 1'; 1t 15 2( 21 2: 2; 2L 2: 2t 2': 2t RESOLUTION NO. 6651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSB4D AND THE LEUCADIA COUNTY WATER D I STRl CT FOR RE I MBURSEMENT FOR WASTEWATER TREATMENT AND DISPOSAL FOR CARLSBAD TRACT NO. 71-29 THE CITY COUNCIL of the City of CarTsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and the Leucadia County Water District for reimbursement for wastewater treatment and disposal for Carlsbad Tract No. 73-29, a copy of which is attached hereto and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of AWt vote, to wit: , 1981, by the following AYES: NOES: ??One Council Menibers Packard, Casler, Anear, Lewis. ABSENT : Comcil Wer Kulchin RONALD C. PACKARD, Mayor ATTEST : ( s EAL) 4 REIMBURSEMENT AGREEMENT FOR WASTEWATER TREXTMENT AND DISPOSAL FOR CARLSBAD TRACT NO. 73-29 CARRILLO ESTATES UNIT NO. 2 -_ This Agreement is made and entered into in the County of San Diego, State of California, by and between the LEUCADIA COUNTY WATER DISTRICT (hereinafter "DISTRICT") and the CITY OF CARLSBAD (hereinafter "CITY") with refer- ence to the following facts: RECITALS - A. P~I~I)E~SA H@ES (hereinafter "PONDEROSA"] is the owner of that certain real property located in the City of Carlsbad, County of San. Diego, State of California, known as Tract No. 73-29, Carrillo Estates Unit No. 2 (hereinafter the "Subject Tract") I said tract to consist of 111 dwelling units. B. DISTRICT is a public entity organized and func- tioning pursuant to the County Water District Law, Cali- fornia Water Code section 30000. C. City is a general Law City (Gov. Code, section 34102), organized and functioning pursuant to the pro- visions of the California Constitution, Art. XI, section 2(a) and Government Code section 36501 et seq. from CITY and filed improvement plans, tract map and grading plans with CITY for the development of the Subject Tract. I PONDEROSA desires to develop Subject Tract and proceed with the construction of the 111 dwelling units contained therein, but has been unable to continue with development and construction due to the present lack of wastewater conveyance and treatment facilities in the area. from Subject Tract to the Encina Water Pollution Control Facility (hereinafter the "Encina WPCF") and is willing to provide PONDEROSA with interim transportation of wastewater to the Encina WPCF through its conveyance facilities until such time that Subject Tract is served by other facilities. D. PONDEROSA has received tentative map approval E. I F. DISTRICT has wastewater conveyance facilities d V -4 4.. i. I 0 e G. CITY contemplates that other wastewater trans- mission or treatment facilities will be constructed to serve the area in which the Subject Tract is located. Until such time, CITY desires to compensate DISTRICT for the costs of conveyance and treatment of wastewater generated from the Subject Tract. NOW THEREFORE, it is agreed by and between the parties as follows: AGREEMENT Section 1. DISTRICT agrees that for the term of this Agreement, as defined in Section 2, it will convey wastewater from all 111 units of Su,bject Tract to the Encina WPCF. * Section 2. This Agreement shall expire when both of the following have occurred: (1) wastewater trans- mission or treatment facilities serving the Subject Tract have been constructed and accepted by City and (2) the sewage collection system serving the Subject Tract has been connected to said facilities. charge the owners of all or any part of the Subject Tract its usual and customary charges for sewer services. Section 3. CITY shall have the right and duty to Section 4. To compensate DISTRICT for costs of operation and maintenance of the wastewater conveyance facilities servicing the Subject Tract and costs of treatment of sewage from the Subject Tract at the Encina WCPF, CITY shall pay DISTRICT quarterly, for the term of this Agreement, a sum equal to 75 percent of the CITY's charges to owners of the Subject Tract for sewer service. The remaining percentaqe of said charges generally repre- sent the CITY's costs of billing and collection. "E.D.U.") of capacity, per dwelling unit, to a maximum of 111 E.D.U.s, shall be transferred from DISTRICT TO CITY on the monthly flow and E.D.U. reportlfor Encina WPCF until such time as wastewater transmission through DISTRICT'S sanitary sewer facilities is discontinued. shall be made six months after the~issuance of a building permit on any dwelling unit on the Subject Tract. aforementioned transfer shall be for purposes of allocating capacity between DISTRICT and CITY only and shall not affect billing for sewage treatment. one E.D.U. shall equal1 238 gallons per day. Section 6. No party to this Agreement shall be entitied to assign all or any portion of its rights or obligations contained herein without obtaining the prior written consent of the other parties; such consent shall not be unreasonably withheld. * Section 5. One Equivalent Dwelling Unit (hereinafter Said transfer The Forlpurposes of this Agreement Section 7. This Agreement shall inure to the bene- fit and be binding upon all of the parties hereto and their respective successors, heirs and assigns. Section 8. This Agreement and any disputes relat- ing to this Agreement shall be construed under the laws of the State of California. The terms, conditions and covenants of this Agreement should be construed wherever possible, consistent with applicable laws and regulations. To the extent that any provision of this Agreement violates any applicable law or regulation considering an interpreta- tion of this Agreement consistent with that law or regu- lation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. Section 10. The effective date of this Agreement, executed in duplicate and to be performed in the County of San Diego, State of California, consisting of three pages, is , 1981. IN WITNESS WHEREOF, the respective parties have caused this instrument to be executed by their respective officials and this instrument shall be sealed by the Leucadia County Water District and the City of Carlsbad pursuant to resolutions duly adopted by the government bodies oT said public entities. Section 9. Dated: (Seal) Dated: - (seal) LEUCADIA COUNTY WATER DISTRICT President BY BY ~ Secretary CITY OF CARLSEAD