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HomeMy WebLinkAbout1984-04-24; City Council; Resolution 7534A 1 2 3 4 5 E 7 E s 1c 11 1: 12 11 If 1( 1: 1t 1: 2( 2: 2: 2: 21 21 2( 2' 21 1 RESOLUTION NO. 7534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT TO SUPPLY WATER AND SEWER TO THE WOOLLEY ANNEXATION. WHEREAS, the City of Carlsbad and the Leucadia County dater District have reached an agreement regarding sewer and uater service to the Woolley Annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That an agreement between the City of Carlsbad and Leucadia County Water District for the allocation of respon- sibilities for the provision of water and sewer service marked Exhibit A 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 City Council of the City of Carlsbad, California, held on the 24th day of April , 1984, by the following vote, to wit: AYES: Council Menbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST : 3 AGREEMENT BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARD1 NG THE WOOLLEY ANNEXATION AGREEMENT This agreement is made by and between the CITY OF CARLSBAD ("City"), a California municipal corporation, and the LEUCADIA COUNTY WATER DISTRICT ("LCWD"). RECITALS 1. WHEREAS, there is a proposed annexation ("The Annexation") to the City of Carlsbad, identified as the Woolley Annexation; and 2. WHEREAS, the major portion of the annexation is located within the sewer service area of LCWD and the remaining small portion is within LCWD's draft Sphere of Influence; and .3. WHEREAS, with some additions to be supplied by the developer of the annexation, LCWD has existing transmission facilities in the area of the annexa- tion; and 4. WHEREAS, LCWD has ,existing facilities for the collection and treat- ment of sewage from the annexation area; and 5. WHEREAS, the parties to the annexation proceedings at LAFCO desire that the annexation be approved by the LAFCO commission as soon as possible; and 6. WHEREAS, the parties to this agreement desire to settle any possible conflicts on sewer service to the annexation. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. City agrees that sewer service to the annexation within the LCWD sewer service area as shown on the map attached hereto marked Exhibit "A" and incorporated herein by this reference, shall be supplied by LCWD. -1- c 2. LCWD agrees to provide such services on a nondiscriminatory basis according to LCWD policies, ordinances, rules and regulations adopted by LCWD from time to time. 3. City shall not levy any tax for sewer service or facilities or for general obligation bonds of the City relating to sewer service facilities on the property within the area served by LCWD as shown on Exhibit "A" and shall affir- matively exclude such area from all such taxation. 4. The commission be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexation. 5. Each party to this agreement agrees to take any and all other necessary action to carry out the intent of this agreement. 6. The effective date of this agreement is 1984. IN WITNESS WHEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers theretofore duly authorized. CITY OF CARLSBAD AUTHORIZE0 BY RESOLUTION No. 7534 DULY ADOPTED ON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD qril 24, 1r LEUCADIA COUNTY WATER DISTRICT I LOIS HUMPHREYS, President JOAN GEISELHART,Secretary-Manager AUTHORIZED BY RESOLUTION NO. OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY ITS BOARD OF DIRECTORS ON . -2- EXHIBIT A