HomeMy WebLinkAboutOlivenhain Municipal Water District; 1972-03-30;A G R E E .^l E N T
TIIIS AGREEMENT is made by and between the CITY
OF CARLSBAD [CITY], and OLIVENHAIi«f MUNICIPAL WATER DISTRICT
[DISTRICT], in view of the following facts.
WITNESSETH
1. There is a proposed annexation [THE ANNEX-
ATION] to CITY, identified as EAST CARLSBAD ANNEXATION 2,12
[LA COSTA], pending before the Local Agency Formation
Commission, San Diego County [COMMISSION]; and
2. A PORTION OF THE ANNEXATION is located within
the distribution and retail WATER service area of DISTRICT;
•
and
3. DISTRICT has existing WATER pipelines and a
distribution system in the area of THE ANNEXATION; and
4. By virtue of existing Municipal Water District
law, DISTRICT has the latent power to provide sewer service within the area comprising the DISTRICT, 5. LA COSTA and CITY, *h5 parties to THE ANNEXA-TION, desire that THE ANNEXATION be approved by COMMISSION to allov,' the property involved to be developed as planned as soon as possible and have assured DISTRICT that DISTRICT is to retain the paramount rights to provide water and sewer service within DISTRICT'S respective water service area
and sewer service area, as presently constituted and as may
be adjusted in the future by approved agreement between
DISTRICT and contiguous SPECIAL DISTRICTS; and
6. The parties to this agreement desire to settle
any possible conflicts on water service and on sewer service
to THE ANNEXATION in relation to primary service areas of
DIST PICT;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
7. CITY agrees that water service to THE ANNEXA-
TION within the DISTRICT water service area, as adjusted from
time to time, at all times now and in the future, shall be
supplied by DISTRICT from the water system facilities of DISTRICT;
8. CITY agrees that sewer service to THE ANNEXA-
TION within the DISTRICT latent sewer service area, as ad'justed
from time to time, at all times now and in the future, shall be
subject to prior approval and agreement by DISTRICT;
9. DISTRICT agrees to provide services on a non-
discriminatory basis according to DISTRICT policy, rules and
regulations adopted by DISTRICT from time to time;
10, Subject to the foregoing exceptions for water
service and sewer service, CITY agrees to supply any and all
municipal services to THE ANNEXATION not otherwise available;
11. CITY shall not levy any tax for water service
or facilities or sewer service or facilities or for general
-2-
obligation bonds of the CITY relating to water service facilities
or sewer service facilities on the property within the area served
by DISTRICT and shall affirmatively exclude such area from all such
taxation;
12. The terras of this agreement shall be incorporated
in THE ANNEXATION request and COMMISSION shall be requested to make
the salient terms of this agreement the conditions of approval of
THE ANNEXATION by COMMISSION:
13. Each party to this agreement shall take any other -
necessary action to carry out this agreement.
14. The effective date of this agreement is
MARCH 30 » 1-972.
IN WITNESS V/HEREOF, each of the parties hereto has caused
this agreement to be executed by their respective officers thereto-
fore duly authorized.
CITY OF CARLSBAD--SEAL
ITAVI6 M. DU.M , May o-r ^..^
1
Date of Ffxecution:
-17 1972
OLIVENHAIN MUNICIPAL WATER DISTRICT--SEA
By JAMHS B. WOUU, President -• -c - -r
By Jy/..^////.'. -i-i //'/ r i/'/.^/ f "i//
\(\LlJf A.^^h^ ' HOLLi.NdViOyra, ^'ecfe tary
Date of Execution: