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Home My WebLink About1984-09-04; City Council; 7866; Water Service Agreement with Olivenhain4 SB#-, MTG. 9/4/84 DEPT. CM Ch ?5/J5' /i;l DEPT. HD.* TAlB CITY M G R. ,-2& TITLE. ' WATER SERVICE AGREEMENT WITH OLIVENHAIN MUNICIPAL WATER DISTRICT CITY A CITV IF CARLSBAD - AGENDA JILL PY RECOMMENDED ACTION: Adopt Resolution No. 773/ approving water service agreement with Olivenhain for proposed Hunt Annexation. ITEM EXPLANATION: LAFCO will be considering the Hunt Annexation in November. The attached water service agreement has been prepared to clarify how water service will be provided to territory that is presently within the Olivenhain Municipal Water District and proposed for annexation to the City. The agreement provides that the District will continue to provide water to the annexed territory. The agreement is, in essence, the same agreement approved by the Carlsbad City Council and the Olivenhain Board of Directors covering the Woolley Annexation. FISCAL IMPACT: No direct fiscal impact in the City. EXHIBIT: Resolution No. the Olivenhain 773/ approving an Agrl-ement with Municipal Water District :- .;a, I . .. : '5 , ,I .. 1 i 5 4 F c t r 1 E s 1C 13 12 12 14 15 I€ ' 17 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH OLIVENHAIN MUNICIPAL WATER DISTRICT TO SUPPLY WATER SERVICE TO THE HUNT ANNEXATION. WHEREAS,.the City of Carlsbad and the Olivenhain Municipal Water District have reached an agreement regarding water service to the Hunt 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 3livenhain Municipal Water District for the allocation of responsibilities for the provision of water 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 arid on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Zity Council of the City of Carlsbad, California, held on the 4th dit: day of -r , 1984, by the following vote, to AYES: NOES: - None bmcil Mnbers Casler, I;ewis, Kulchin, Chick and Prescott ABSENT: Nom 9- J &r,, MARY H. CPSLER, Mayor 4TTEST : - EXHIB A to Resolution No. 7731 AGREEMENT BETWEEN - ~ -~~ THE OLIVENHAIN MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING PROPOSED "HPI REORGANIZATION" (CITY OF CARLSBAD) (R084-8) THIS AGREEMENT is entered into by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT (hereinafter "THE DISTRICT"), a municipal water district created and operating pursuant to 171000 et seq. of the State of California Water Code, and the CITY OF CARLSBAD, a general law City (hereinafter "THE CITY"). R-E-C-I-T-A-L-S 1. THE DISTRICT is a municipal water district which provides potable water to a portion of Northern San Diego County. water service jurisdiction overlaps territory of THE CITY. A portion of THE DISTRICT'S 2. There is a proposed annexation to THE CITY identified as: Proposed "HPI Reorganization" (City of Carlsbad) (R084-8), (hereinafter "HPI REORGANIZATION"), pending before the Local Agency Formation Commission of San Diego County (hereinafter "L.A.F.C.O."). -., '. 3. The HPI REORGANIZATION proposes the annexation of 293 acres of property presently in the County of San Diego to THE CITY. The annexation area is generally located south,of La Costa Avenue and west of El Camino Real. 4. THE DISTRICT has gone on record as opposing the HPI REORGANIZATION. 5. In consideration for THE DISTRICT'S agreement to support the HPI REORGANIZATION, THE CITY has agreed to enter into this Water Service Agreement. - 6. By executing this Agreement, it is the express intention of the parties that THE DISTRICT shall be the sole supplier of all water service to the HPI REORGANIZATION area so long as the HPI REORGANIZATION area remains part of the water service jurisdiction of THE DISTRICT or any successor entity. -1- 7. It is the further intention of the parties.by executing this Agreement, to confirm the terms of a March 30, 1972 agreement between THE DISTRICT and THE CITY which assures THE DISTRICT that water service within THE DISTRICT'S water service area shall be supplied solely by THE DISTRICT. C-0-V-E-N-A-N-T-S 1. THE DISTRICT to Supply all Water to HPI REORGANIZATION. The parties agree that all water service for the HPI REORGANIZATION area shall be supplied exclusively by THE DISTRICT so long as the proposed HPI REORGANIZATION area remains part of the water service jurisdiction of THE DISTRICT or any successor entity. 2. THE DISTRICT to Supply Water Subject to its Rules and Regulations. THE DISTRICT agrees to provide water service to the HPI REORGANIZATION area on a non-discriminatory basis according to policies, rules, and regulations adopted by THE DISTRICT from time to time. It is understood that improvements required to supply water service to the HPI REORGANIZATION area, the manner in which this water, service will be provided, and the rates for such water service, shall be left to the sole discretion of THE DISTRICT. 3. Acknowledgement pf Exclusive Water Service by THE DISTRICT. THE CITY acknowledges that THE DISTRICT has bonded indebtedness in the HPI REORGANIZA- TION area. THE CITY further acknowledges that it has no desire or intention to provide water service to the HPI REORGANIZATION area. 4. Consideration of Agreement by L.A.F.C.O. L.A.F.C.O. shall be requested to consxder this Agreement as one of the salient facts bearing on their consideration of the HPI REORGANIZATION. . 5. Mutual Cooperation and Reliance. Each of the parties to this Agreement expressly agrees to cooperate in executing all documents and taking all steps, at the earliest possible time, which are necessary to consummate and -2- continue the terms of this Agreement. Each party understands and acknowledges, that the other party to this Agreement is specifically relying upon the enforceability of this Agreement and the willingness of the other party to honor this Agreement in carrying out their respective responsibilities as defined in this Agreement. 6. Attorney's Fees. In the event of a dispute relating in any way to this Agreement, the prevailing party shall be entitled to reasonable costs and attorney's fees in addition to such other relief afforded by law. 7. Unenforceable Provisions. This Agreement shall be interpreted, wherever possible, consistent with all applicable laws and regulations. To the extent that any term, covenant or condition of this Agreement, as so interpreted, is rendered unenforceable, the remaining provisions shall be carried into full force and effect. 8. Effective Date of Agreement. This Agreement is executed and to be ' . performed fn the North County Judicial District, County of San Diego, State of Califurnfa, and may be executed in counterparts and is effective on CITY OF CARLSBAD OLIVENHAIN MUNICIPAL WATER DISTRICT Mary H. Casler, Mayor Harley L. Denk, President Board of Directors ATTEST : - ATTEST : City Clerk Thelma M. Miller, Secretary Board of Directors Date : Date: - 3-