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Home My WebLink About1972-03-21; City Council; 690; Special Districts AgreementsC )cz I' I . I. T Ii E C~TY OF . Agenda Fill No. C A R L S B A D, .. .I Ck L 3'F'OH N IA March 21, 1972 Da te: -Ref erred To : Subject: Submitted By: Sppe'cial Districts Agreements . Clerk Statement of the :tatter Agreements between the City of Carlsbad and the special districts se.rvicing the areas known as proposed "East Carlsbad Annexation #2.11) (Carrillo Rancho) and "East Carlsbad Annexation #2.12" (La Costa) are attache.d for the Council's approval. Exhibit 1. . Agreement between City and San Marcos County Water District. 2. Agreement between City and @livenhain Municipal Water District. 3. Agreement between City and Carlsbad Municipal Water District. Staff Recommenda tlons .. . AB No. Date: City Afanager's Recommendation Council. Action the City and The San Marcos County Water District, the Olivenhain Municipal . Water District, and the Carlsbad Municipal Water District. These agreements are in connection with proposed annexations known as East Carlsbad Annex- ations 2.11 and 2.12. - was given . 3-21-72 Approval and authorization/for execution of agreements between -2- TIIIS AGREE>IKKT is nade by and between the CITY OF Ch:~.LS!!hI~ [CIT':'] , and QI,IVl:Xi-IAI?i MUNICIPAL !$XTER DISTRICT [DISTRICT], in view of the following facts. W I T N E S S E T M 1. There is a proposed annexation [THE ANNEX- ATIOX] to CITY, identified as EAST CARLSRAD AXNEXATION 2 . 12 [LA COSTA], pending before the Local Agency Formation Commission, San Diego County (CONMISSIOX] ; and 2. A PORTION OF THE AVNEXATION 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 AXEXATION; and 4. By virtue of existing Fiunicipal Water District law, DISTRICT has the latent power to provide sewer service within the area comprising the DISTRICT. 5. LA COSTA and CITY, +l?2 parties to THE ANNEXA- TION, desire that T€iE ANNEXATION be qqroved by CQbMISSIOX to allow the property involved to be developed as planned as soon as possible and have assured DISTRICT that DISTRICT is to rotain the paranount rights to provide water and sewer service within DISTRICT'S respective water service area and sewer servicc arc,?, as prcscntly constituted and as mny be adjusted in the future by npprovcd agrczxcni: between DISTRICT and contipails SPECIAL DISTRICTS ; and 6. The parties to this agreement desire to settle my poszible crriflicts on i;ator service md on sewer service to PIE ANXEXATION in relation to primary service areas of DISTPICT; NOK, TI-IEEFOFZE, rT rs AGREED AS FOLLOWS: 7. CITY zgrees that water service to "€E AVBEXA- 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 fron the water systern facilities of DISTRICT; 8. CITY agrees that sewer service to THE ANNEXA- TIQN within the DISTRICT latent sewer service area, as adjusted 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 A?:NEXATION not otherwise available; 11. CITY shall not levy any tax for water service or facilities or sewer service or facilities or for general 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 affimatively exclude such ares from all such taxation; 12. The terns of this agreenent shall be incorporated in TiiE AVNEXATION request and COMFIISSION shall be requested to make the salient terms of this agreerixnt the conditions of zpproval of TIiE L'~?:EXATION by CO~'19IISS~ ON : 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 # 1972. IN I'JITXESS TXEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers thereto- fore duly authorized. CITY OF CARLSBAD- -SEAL OLIVENHAIN b.WICIPAL WATER DISTRICT--5EAL Date of Execution: Date of Execution: , 1972 , 1972 -3- AGREE MEN T ... . 0' h This agreement, made this 11th day of February, 1972, between CITY OF CARLSBAD, hereinafter for conven- ience referred to as "CITY", and CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter for convenience referred to as WITNESSETH: WHEREAS, the Board of adopted Ordinance No. 26 of the and ---I------ Directors of the DISTRICT DISTRICT on May 15, 1968; WHEREAS, said Ordinance No. 26 provides in part that whole sale connections shall be granted to serve a municipal corporation, which is prepared to serve water to a11 potential customers within a primary distribution area as established in the master water distribution sys- tem of the DISTRICT; and WHEREAS, investigation had revealed that the CITY as successor to Carlsbad Mutual Water Company and Terramar Water Company had never submitted a primary distribution area for the CITY for its whole sale ser- vice of water from the DISTRICT; and WHEREAS, it was deemed to be to the best in- terests of the CITY, the DISTRICT and the inhabitants thereof, for such a primary distribution area to be es- tablished; and WHEREAS, after careful investigation and re- view of recommendations the Board of Directors adopted Resolution No. 251 and in said Resolution did fix Wednesday, July 15, 1970, at 2:OO o'clock p.m. as the ! , i I i i time and place for a public hearing for any interested persons to present any evidence for the consideration of the DISTRICT in establishing a primary distribution area for the CITY for its whole sale service of water from the DISTRICT; and WHEREAS, due notice of said hearing was given by publication of notice of hearing and by mailing of said notice to the CITY; and WHEREAS, at the time and place fixed for the said hearing, testimony and evidence were presented for consideration of the Board of Directors of the DISTRICT; and WHEREAS, the Board of Directors of the DISTRICT carefully reviewed and studied all of the testimony and evidence; and WHEREAS, thereafter the DISTRICT adopted Reso- lution No. 256, entitled, "A RESOLUTION OF THE BOARD OF DIFtECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISH- ING A PRIMARY DISTRIBUTION AREA FOR THE CITY OF CARLS- BAD IN ACCORDANCE WITH ORDINANCE NO. 26, CARLSBAD MUNICI- PAL WATER DISTRICT"; and WHEREAS, said Resolution No. 256 in part fixed, determined and set the primary distribution area for the CITY for its service of water from the DISTRICT and determined that the CITY shall be entitled to re- tail water sales within the said primary distribution area; and WHEWAS, the primary distribution area for the CITY for its service of water from the DISTRICT is set forth on the map attached hereto as Exhibit ''A'' and incorporated herein by reference; and WHEREAS, the DISTRICT has existing a pipeline and primary distribution system established in other areas of the DISTRICT other than the designated primary distribution area for the CITY; and WHEREAS, the DISTRICT does provide retail than the said designated primary distribution area for the CITY; and WHEREAS, the parties to this agreement desire to settle any possible conflicts on retail water ser- vice to areas located within the DISTRICT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The CITY shall serve retail water service to the primary distribution area of the CITY as desig- nated on Exhibit "A" attached hereto and incorporated herein by reference. 2. The DISTRICT shall serve retail water ser- vice to all of the areas within the DISTRICT other than the primary distribution area of the CITY as designated on Exhibit "A" attached hereto and incorporated herein by reference. 3. Each party to this agreement shall take any other necessary action to carry out the terms of this agreement. IN WITNESS WHEREOF, each of the parties here- to has caused this agreement to be executed by its re- t i i I , i t i i , ! I I I I spective officers theretofore duly authorized. CITY OF CARLSBAD CARLSBAD MUNICIPAL WATER DISTRICT Date of Execution: Date of Execution: c I t I i A G R E E M E N T 7;' I T N E S S E T i-I to allow thc property involved to be developed as planned as soon as possible and have assurcd DISTRICT that DISTRICT is to retain the paramount rights to provide water and Seiqer service within DISTRICT'S respective water service area and sc:'19~9: service area, as presently constituted and as n~y be adjusted in the future by approved a3r-cment Gc"i:;.cn DISTi?.XCT :tnd contigusus SZ'CCIAL JjISTXCTT; ;cad 7. The parties eo this agsc?ca!xlt desire to scttlc any possible conflicts on water service and OPT sewer service to THE AXXXATIOX in relation to prifnary service areas of D 1 S T R I C?' ; NOW, THEREFORE, IT IS AG?SED AS FOLLOXS: 8, CIn agrees that \cater service and sever service to TIE KfNBXATION within the DISTXCT wator service area and so:ocr service area, as adjusted from time to time,at all ti:ncs now md in the future, sfisll, bc su?~lied by DISTRICT frox the water system and sewer system facilities of DISTRICT; 9, DZSTRIC'F agrees to provide such services on a non-diserininatory basis according to DISTRICT palicy, rules and regulations adopt:od by DISTRICT from tine to time; 10, CITY agrees to supply any and all niinicipal -2- services ts TIE AYNEXATION not otherwise available; 11. CITY shall not Iely any tax for water service or facilities or sewer service or facilities or for general obliga.tion bonds of the CITY relating to water 5er- vice fscilitios or scver service facilities on the property rsvi.thin the a~ea served by DISTRICT and shall sffirnatively other necessary action to carry out t5i.s agreement, 14. Tho effective date of this agreement is B B