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HomeMy WebLinkAbout1984-04-24; City Council; 7667-1; Woolley Annexation- c_ CII OF CARLSBAD .- AGENDh BILL m I DEPT. CoM* lcin MGR RECOMMENDED ACTION: That Council adopt Resolution 7a-3 authorizing Mayor to sign agreement with Leucadia County Water District relative to Woolley Annexation. BACKGROUND On April 2, LAFCO disapproved the Woolley annexation because of objections raised by water, sewer and fire districts. LAFCO indicated that the annexation could be reconsidered if the city and the district reached agreement. Leucadia staff has proposed an agreement. The wording of the agreement appears acceptable. The agreement provides that Leucadia County Water District will provide sewer service to the Woolley property (475 acres). ATTACHMENTS: A. Letter from Leucadia County Water District dated 4/16/84. B. Resolution No. 7534 C. Agreement between Leucadia County Water District and City of Carlsbad. I LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 LEUCADIA. CALIFORNIA 92024-0954 I6191 753-0155 April 16, 1984 The City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Woolley Annexation ATTN: Frank Aleshire, City Manager Dear Frank , Enclosed is a draft agreement for the proposed annexation to the city of Carlsbad. As you know, we had not reached a consensus of the draft prior to the LAFCO hearing. We did not receive an opinion from County Counsel regarding Section 4 until just prior to the hearing. He stated that although LAFCO has authority to impose the condition he advises against it. We are, therefore, resubmitting the attached agreement for consideration by the Council. The Leucadia Board will meet again on Thursday, April 26. Yours very truly, LEUCADIA COUNTY WATER DISTRICT an R. Geiselhart Secretary-Man ager JRG/ecd enc. DISTRICT OFFICE: 1960 LA COSTA AVENUE * CARLSBAD. CALIFORNIA 1 4 E E s 1c 11 12 12 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7534 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT TO SUPPLY WATER AND SEWER TO THE WOOLLEY ANNEXATION. WHEREAS, the City of Carlsbad and the Leucadia County Water District have reached an agreement regarding sewer and water service to the Woolley Annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That an agreement between the City of Carlsbad and Leucadia County Water District for the allocation of respon- . sibilities for the provision of water and sewer service marked Exhibit A 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 24th day of April , 1984, by the following vote, to wit: AYES: Council lknbers Casler, Uwis, Kulchin, Chick and Prescott NOES: None ABSENT : None MARY H. gASLER, Mayor ATTEST : L?l&LLd@& ALETHA L. RAUTENKRANZ, City Cprk t AGREEMENT BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARD1 NG THE WOOLLEY ANNEXATION AGREEMENT This agreement is made by and between the CITY OF CARLSBAD ("City"), a California municipal corporation, and the LEUCADIA COUNTY WATER DISTRICT ( BILCWD") - RECITALS 1. WHEREAS, there is a proposed annexation ("The Annexation") to the City of Carlsbad, identified as the Woolley Annexation; and 2. WHEREAS, the major portion of the annexation is located within the sewer service area of LCWD and the remaining small portion is within LCWD's draft Sphere of Influence; and 3. WHEREAS, with some additions to be supplied by the developer of the annexation, LCWD has existing transmission facilities in the area of the annexa- tion; and 4. WHEREAS, LCWD has ,existing facilities for the collection and treat- ment of sewage from the annexation area; and 5. WEREAS, the parties to the annexation proceedings at LAFCO desire that the annexation be approved by the LAFCO comission as soon as possible; and 6. WHEREAS, the parties to this agreement desire to settle any NOW, THEREFORE, IT IS AGREED AS FOLLOWS: possible conflicts on sewer service to the annexation. 1. City agrees that sewer service to the annexation within the LCWD sewer service area as shown on the map attached hereto marked Exhibit "A" and incorporated herein by this reference, shall be supplied by LCWD. -1 - 4 , 2. LCWD agrees to provide such services on a nondiscriminatory basis according to LCWD policies, ordinances, rules and regulations adopted by LCWD from time to time. 3. City shall not levy any tax for sewer service or facilities or for general obligation bonds of the City relating to sewer service facilities on the property within the area served by LCWD as shown on Exhibit "A" and shall affir- matively exclude such area from all such taxation. 4. The comnission be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexation. 5. Each party to this agreement agrees to take any and all other 6. The effectlve date of this agreement is IN WITNESS WHEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers theretofore duly authorized. necessary action to carry out the intent of this agreement. 1984. - CITY OF CARLSBAD Ir MARY H. CA$JER, Mayor AUTHORIZED BY RESOLUTION NO. 7534 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DULY ADOPTED ON April 24, 1- . LEUCADIA COUNTY WATER DISTRICT LOIS HUMPHREYS, President JOAN GEISELHART,Secretary-Manager AUTHORIZED BY RESOLUTION NO. OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY ITS BOARD OF DIRECTm -2- c - 1 WOOLLEY ANNEXA I ION EXHIBIT A