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HomeMy WebLinkAbout1982-07-06; City Council; Resolution 69411 2 3 4 5 6 7 e 9 LC 11 12 12 14 1E 1E 3.7 1E 15 2( 21 2; 2; 24 2: 2( 2: 2t RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY TIONS WITH COSTA REAL MUNICIPAL WATER DISTRICT b 9 4 I OF CARLSBAD, CALIFORNIA, AUTHORIZING NEGOTIA- WHEREAS, a dispute exists between City of Carlsbad and losta Real Municipal Water District (CRMWD) relative to retail rater service and, WHEREAS, said dispute has resulted in a moratorium on innexations and water service to new developments and, WHEREAS, a lawsuit is pending between CRMWD and the City ind , WHEREAS, the City Council desires to explore solutions to :he dispute outside of court: NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad that: 1. The City Council recognizes the right of the CRMWD to 2ontinue to exist as an independent local water agency within :he City limits. 2. The City Council hereby declares its intention to seek 3n interim settlement with CRMWD which will allow annexations ;o be processed and approved and new developments to be served vith water. 3. The City Council hereby authorizes a negotiating team to enter into discussions with representatives of CRMWD for the ?urpose of arriving at an interim written agreement which will assign retail service territory to each agency or will otherwise neet the interim objective. I// /// /// /// c c 1 2 1 G 4 F 7 € 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Said interim agreement shall also include provisions for discontinuance of the current legal proceedings, and withdrawal of restraints on annexations. 5. The City representatives on the negotiating team are: Mayor Casler, Council Member Chick, City Manager Aleshire, City Attorney Biondo, Utilities Director Greer and Special Counsel Lit tlewor th . 6. The negotiating committee is also authorized to negotiate a long term solution to the basic jurisdictional dispute. The negotiating team is empowered to consider various solutkons, including but not limited to: territorial division, functional separation or consolidation, Joint Powers Agreement, interagency contracts, cooperative arrangements. PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Carlsbad, held on the 13th day of July, 1982, by the following vote, to wit: AYES : Council Members Casler, Lewis, Kulchin, Chick, Anear NOES : None ABSENT: None ATTEST : k (SEAL)