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HomeMy WebLinkAbout1972-06-20; City Council; 784; Bueno Colorado Municipal Water District AgreementTHE . CITY’ Agenda Bill No. w. CARLSBAD, CALrS'OHNIA Date: June 20, 1972 --deferred To: . Subject: SUE;0 COLORADO MUNICIPAL WATER D-IST. AGREEMENT. (East Carlsbad Annexation #2.12-LaCosta) e Submitted By: City Clerk . . . Statement of the Matter -, A portion of East Carlsbad Annexation #2.12 is within the above named district. It is necessary as part of the annexation proceedings to . authorilze the execution of the attached agreement. _ . . .- i Exhibit Bueno Colorado Municipal Water District Agreement Staff Recommendations Authorize execution of Agreement. :. . . . - ’ . . , . -- -- AB No. . Date: . . . . City Manager's Recommendation . . . .’ i . . . 6-20-72 Council approved and authorized the e;(ecution of the Agreement tiith Bueno Colorado Municipal.,Water District in regard to East Carlsbad Annexation 2.12 (LaCosta). . . . . t. . . . . . . .: . . . . . . * - . -2- -- -- PRESIDENT CHARLES C. HAUSLADEN SEC’Y. . TRE*S. WELLS W. MILLER A5s.T. SEC’Y, . TREAS. ALICE E. MADDEN BU ENO COLORADO MUNICIPAL WATER DISTRICT P.O. BOX 1137 VISTA, CALIFORNIA 92083 PHONE: 724.1535 DIRECTORS B: “,CE PRESIDENTS THOMAS J. ADAMS HANS H. DOE CHARLES C. HAUSLADEN GEORGE 0. PIERCEY WELLS W. MILLER June 8, 1972 City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Re: La Costa Annexation Gentlemen: The Board of Directors of the Bueno Colorado Municipal Water District, at their meeting held on June 6, 1972, authorized the execution of the enclosed agreements. After execution by the City of Carlsbad, please return three copies. You may retain the fourth copy for your files. We in turn will forward a copy to San Marcos County Water District and the Local Agency Formation Commission and retain one for our files. Thank you. Very truly yours, Frances E. Deer Assistant Secretary BUENO COLORADO MUNICIPAL WATER DISTRICT FED/s encs. -- .- d AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBAD (herein called CITY) and BUENO COLORADO MUNICIPAL WATER DISTRICT (herein called DISTRICT) in view of the following facts: '(a) There is a proposed annexation (THE ANNEXATION) to CITY, identified as EAST CARLSBAD ANNEXATION 2.12 (LA COSTA) which has been approved by the Local Agency Formation Commission of San Diego County (the Commission). (b) A portion of THE ANNEXATION is located within the boundaries of DISTRICT. (c) DISTRICT has no existing water pipelines or facilities for the collection of or treatment of sewage. (d) SAN MARCOS COUNTY WATER DISTRICT located within the boundaries of DISTRICT has existing water pipelines and existing facilities for the collection and treatment . . of sewage and has entered into an agreement with CITY, executed in March 1972, which agreement is of similar import to this agreement. (e) The parties directly affected by the LA COSTA ANNEXATION, CITY and DISTRICT, desire that THE ANNEXATION be completed so as to allow the-property to be thereby annexed to CITY to be developed as planned as soon as possible and have assured DISTRICT and SAN MARCOS COUNTY WATER DISTRICT that they, respectively, are to retain the paramount rights to provide water and sewer service within the area of the LA COSTA ANNEXATION, which is also included r . -- -- within COUNTY exist. the boundaries of DISTRICT and SAN MARCOS WATER DISTRICT, as they now or may hereafter (f) The parties to this agreement desire to settle any possible conflicts on water and sewer service for the area of THE ANNEXATION in relation to the primary service areas of DISTRICT and SAN MARCOS COUNTY WATER DISTRICT. NOW, THEREFORE, IT+IS AGREED as follows: 1. LA COSTA areas of adjusted CITY agrees that water service and sewer service to the ANNEXATION, within the water service and sewer service l DISTRICT and SAN MARCOS COUNTY WATER DISTRICT, as from time to time, shall at all times be supplied through DISTRICT from the water system and sewer service facilities of SAN MARCOS COUNTY WATER DISTRICT or DISTRICT. . 2, DISTRICT agrees to use its'best efforts to facilitate ' the undertakings of SAN MARCOS COUNTY WATER DISTRICT in the agreement with the CITY which is above referred to, that such services will be provided on a non-discriminatory basis according to the policies of SAN MARCOS COUNTY WATER DISTRICT and its rules and regulations which may be adopted by it from time to time. 3. CITY agrees to supply any and all municipal services to the area of THE ANNEXATION not otherwise available. 4. CITY shall not levy any tax for water service or,facilities or sewer service or facilities or for general obligation bonds of -2- . . ) +-- ,. ,. a -- 4- theiCITY relating to water service facilit.es or sewer service facilities on the property within the area served by DISTRICT and shall affirmatively exclude such area from all such taxation. 5. The terms 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. 6. Each party to this agreement shall take any other necessary action to carry out this agreement. 7. The effective date of this agreement is June 6 I 1972. IN WITNESS WHEREOF, each this agreement to be executed theretofore duly authorized. Date of Execution: . Date of Execution: June 6. 1972 of the parties hereto has caused by their respective officers David MI Dunne, Mayor BUENO COLORADO MUNICIPAL WATER DISTRICT LikL , BY &,I ‘. l?AA Chas. C. Hausladen, President -3-