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HomeMy WebLinkAboutLeucadia County Water District; 1984-05-10;RESOLUTION No. 777 A RESOLUTION OF THE BOARD OF DIRECTORS OF LEUCADIA COUNTY WATER DISTRICT APPROVING AN AGREEMENT WITH THE CITY OF CARLSBAD TO PROVIDE SEWER SERVICE TO THE WOOLLEY ANNEXATION WHEREAS, the Leucadia County Water District and the City of Carlsbad have reached an agreement regarding sewer service to the Woolley Annexation; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF LEUCADIA COUNTY WATER DISTRICT AS FOLLOWS: 1. That an agreement between the Leucadia County Water District and the City of Carlsbad for the allocation of responsibilities for the provision of sewer service mar-ked Exhibit A and made a part hereof, is hereby approved. 2. That the President and Secretary of the Leucadia County Water District are authorized and directed to execute said agreement for and on behalf of the Leucadia County Water District. PASSED AND ADOPTED by the Board of Directors of Leucadia County Water District this 10th day of May, 1983, by the following vote: AYES: Directors Humphreys, McDaniel, Omsted, and Clemens NOES: None ABSENT: Director Hanson ABSTAIN: None ATTEST: y (SEAL) AGREEMENT BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING 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. NDW, 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. 4 .- 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 cormrission be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexation. 5. Each party to this aqreement aqrees to take any and all other necessary action to-carry out the inlent of thi> agreement. - 6. The effective date of this 1984. agreement is IN WITNESS WHEREOF, each of agreement to be executed by their authorized. the parties hereto has caused this respective officers theretofore duly CITY OF CARLSBAD AUTHORIZED BY RESOLUTION ND. 7534 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DULY ADOPTED ON April 24, lr . LEUCADIA COUNTY WATER DISTRICT LOIS HUMPHREYS, President JOAN GEISELHART,Secretary-Manager AUTHORIZED BY RESOLUTION NO. OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY ITS BOARD OF DIRECT- . -2- b . WOOc1,Ev ANNEXATYON r EXHIBIT A 6 i - 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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 Water District have reached an agreement regarding sewer and water 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 I 1984, by the following vote, to wit: AYES: Council MerrJ3ers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT:None 7a+atMzJk MARY H. ~ASLER, Mayor ATTEST: L?/hhLLdP& ALETHA L. RAUTENKRANZ, City Cljzrk (SE=) 3 WRITE IT-DOlr T SAY IT INTER-DEPARTMNT MEMORANDUM c --,I TO File A. M. DATE 4-26 IS 84 P. M. Re: Agreement for Water & Sewer Service to Woolley Annex. Representative from LCWD to pick up both original agreement this date. As soon as fully executed, they to return one to this office. (Per Lee) K. REPLY ON THIS SHEET FROM WlLMER -sER”ICE- lpr ST*ND*RD INTER DEPT. MEMO FORM 1 I--24--PO - .- AGREEMENT BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING 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. -l- 4 .- 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 Mav 10, 1984 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 Do% ft 67h ALETHA L. RAUTENKRANZ, City ClerkJ AUTHORIZED BY RESOLUTION ND. 7534 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DULY ADOPTED ON Amil 24, 1984 . LEUCADIA COUNTY WATER DISTRICT AUTHORIZED BY RESOLUTION NO. 777 OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY ITS BOARD OF DIRECTORS ON May 10, 1984 . -2- 5' t :. :: 1 2. .’ 5 1 CAT. NO. NNO0737 TO 21946 CA (l-83) (Corporation) a TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF . Can rhogo > s!x On May 10, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared I o i s F . m hrevs personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the . . . President, and . Jou R. Gel-hat OFFICIAL SEAL- personally known to me or proved to me on the basis of satisfactory evidence to be EDNf:!IE L. SAVILL P:07-&R‘:’ Pt,!‘:!T-Ct\LIrO:<NIA the person who executed the within instrument as the District Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. FRINC!P?\L 01-f :CE IN SAN DIEM CCUWiY Mv Corrtmisckm Exoircs kor. 25. 1986 and official seal. (Thii are8 for official notuid scau , ’ ,I i \ .’ A ’ \ 7 * .\ : 1 LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 . LEUCADIA. CALIFORNIA 92024-0954 . (6lDI 753.OlS5 May 11, 1984 The City Of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ATTN: Mayor Casler RE: Woolley Annexation Dear Mayor Casler: Enclosed is the District's resolution approving the agreement with the City regarding sewer service to the Woolley property. Thank you for your attention to this matter. Yours very truly, LEUCADIA COUNTY WATER DISTRICT V Joan R. Geiselhart Secretary-Manager JRG/ecd DISTRICT OFFICE: I960 LA COSTA AVENUE . CARLSBAD. CALIFORNIA