HomeMy WebLinkAbout1983-12-20; City Council; 7521-1; Water Service Agreement- _ . P . . 75071---llc I k-C OF CARLSBAD - AOEND681LL
AB# 7624 -&A TITLE:
MT& 12/20/83 SUPPLEMENT NO. 2 TO BASIC WATER SERVICE
DEPT. UTL AGREEMENT
RECOMMENDED ACTION:
Council adopt Resolution7f/L/O approving Supplement #2 to the Basic Water
Service Agreement.
ITEM EXPLANATION:
The Basic Water Service Agreement indicated a problem resolution procedure
would be established. However, it was not specific as to how this was to
be accomplished. Costa Real Municipal Water District has recommended the
following protocol for dealing with problems.
FISCAL IMPACT:
There will be no fiscal impact.
EXHIBITS:
1. Resolution No.7q40
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RESOLUTION NO. 7440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING ASECQNDSUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT IN~TOFXU~E~LISH~~P~IJ FOR-% P~&~~~wI~~~SEmncE~
WHEREAS, the City of Carlsbad and Costa Real Municipal Water District
have reach agreement regarding supplement number 2 to the water service
agreement which provides for the collection by the City of the District's
major facilities fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the second supplement to the basic agreement between the City
of Carlsbad and Costa Real Municipal Water District establishing a protocol
for the resolution of issues relating to the agreement marked Exhibit A
attached hereto 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 20th day of Dece.&er ,
1983 by the following vote, to wit:
AYES: Council&&ers Casler,Iewis,Kulchin,~ick andprescott
NOES: None
ABSENT: None
MARY H. ~SLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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SUPPLEMENT NO. 2 TO WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT IN REFERENCE TO ESTABLISHING PROTOCOL FOR IMPLEMENTING PROCEDURES CONNECTED WITH THE WATER SERVICE AGREEMENT
This agreement made and entered into by and between CITY OF
CARLSBAD ("CITY") and COSTA REAL MUNICIPAL WATER DISTRICT ("DISTRICT").
Recitals:
1. CITY and DISTRICT have previously entered into a Water
Service Agreement, executed on May 25, 1983, providing for the alloca-
tion of functional responsibilities for the provision of water serv-
ice within the DISTRICT, said Agreement for convenience hereinafter
referred to as "AGREEMENT".
2. The AGREEMENT provides in various sections for implementa-
tion of the AGREEMENT and parties designated to resolve disputes and
to undertake such other activities as may promote the sound management
of water service for the area.
3. Section 12 of the AGREEMENT specifically provides for the
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formation of a Joint Committee, composed of parallel and equal member-
ship from the City and District.
4. Both parties wish to establish a protocol for implement-
ing procedures connected with the AGREEMENT.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, CITY and DISTRICT agree as follows:
1. The Joint Committee, as set forth in Section 12 of the
AGREEMENT, shall be composed of two members, as follows:
1. Mayor of the CITY
2. President of the Board of Directors of DISTRICT
2. In undertaking activities to promote sound management of
water service for the area, the activities shall first be considered
by the following parties:
a. OPERATIONS
1. .CITY - Utilities Superintendent
2. DISTRICT - Superintendent of Operations
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b.
C.
d.
3. In
ENGINEERING
1. CITY - City Engineer
2. DISTRICT - District Engineer
FINANCE
1. CITY - Director of Finance
2. DISTRICT - Controller
PERSONNEL
1. CITY - Director of Personnel
2. DISTRICT - Controller
the event of disputes that cannot be settled by the
parties designated in "2" above, the following parties shall attempt
to resolve the dispute:
CITY - City Manager
DISTRICT - District Manager
4. In the event of disputes that cannot be settled by the
parties designated in "3" above, the matters shall be referred to
the Joint Committee to resolve the dispute.
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5. This Agreement may be amended at any time by the mutual
agreement of the parties and such amendment shall become effective
only when reduced to writing and signed by the parties.
This agreement is executed on the day of I
1983.
CITY OF CARLSBAD
BY MARY Hd CASLER Mayor
ATTEST:
ALETHA L'. RAUBENKRANZ City Clerk
APPROVED AS TO FORM:
City Attorn&+
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COSTA REAL MUNICIPAL WATER DISTRICT
BY N. M. ALMACK President
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ATTEST:
FRED W. MAERKLE Secretary
APPROVED AS TO FORM:
PAUL S. SWIRSKY General Legal Counsel
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