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
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Subject:
SUE;0 COLORADO MUNICIPAL WATER D-IST. AGREEMENT.
(East Carlsbad Annexation #2.12-LaCosta)
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Submitted By:
City Clerk
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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.
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Exhibit
Bueno Colorado Municipal Water District Agreement
Staff Recommendations
Authorize execution of Agreement.
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AB No. . Date:
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. . City Manager's Recommendation
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. 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).
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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.
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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
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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
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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
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