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HomeMy WebLinkAbout1983-10-11; City Council; Resolution 7369RESOLUTION NO. 7369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A FIRST SUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT FOR THE COLLECTION By THE CITY OF THE DISTRICT'S - __ ~ MAJOR FACILITIES FEES. WHEREAS, the City of Carlsbad and Costa Real Municipal Water District have reached agreement regarding supplement number 1 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 first supplement to the basic agreement between the City of Carlsbad and Costa Real Municipal Water Distric-t for the collection by the City of the District's major facilities fee 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. adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the City Council of the City of Carlsbad,California, held on the 11th day of octo& , 1983 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchh, Chick and Prescott ABSENT: None ATTEST : n SUPPLEMENT NO. 1 TO WATER SERVICE AGREEMENT BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT TO PROVIDE FOR THE COLLECTION BY THE CITY ON BEHALF OF THE DISTRICT OF THE DISTRICT'S MAJOR FACILITIES CHARGE AND DIRECT CONNECTION SURCHARGE THE CITY OF CARLSBAD AND This agreement made and entered into by and between CITY OF CARLSRAD ( "CITY" ) and COSTA REAL MUNICIPAL WATER DISTRICT ( "DISTRICT" 1. 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. Section 9 of the AGREEMENT provides, in part, that "the DISTRICT will be responsible for the planning, financing and construc- tion of all major capital facilities necessary to provide potable water service within the DISTRICT." 3. Section 9 of the AGREEMENT also provides, in part, that -1- "A capital development fund shall be established, to be administered by the DISTRICT with input from the CITY and to be used for such cap- ital facilities." 4. To carry out the provisions of the AGREEMENT, the DISTRICT established a capital development fund by Resolution No. 439, duly adopted by the Board of Directors of the DISTRICT at a regular meeting of the Board of Directors of the DISTRICT held on July 20, 1983. 5. Section 9 of the AGREEMENT also provides, in part, that connection fees or major facilities charges collected by the CITY on behalf of the DISTRICT shall also be deposited in the capital develop- ment fund. 6. By Resolution No. 439, duly adopted by the Board of Direc- tors of the DISTRICT at a regular meeting of the Board of Directors of the DISTRICT held on July 20, 1983, the DISTRICT established a Major Facilities Charge and a Direct Connection Surcharge to be applied to any new water service or altered water service requirement within the boundaries of the DISTRICT, under terms and conditions set forth in said Resolution No. 439. 7. DISTRICT determined that the most feasible time for col- -2- lecting any Major Facilities Charges or Direct Connection Surcharges would be at the time of issuing a building permit, which is issued by the CITY. 8. As a result of the determination, DISTRICT has requested CITY to collect any Major Facilities Charges or Direct Connection Sur- charges for the DISTRICT at the time that the CITY issues a building permit for a project requiring new water service or altered water ser- vice requirement within the boundaries of the DISTRICT. 9. CITY is willing to collect any Major Facilities Charges or Direct Connection Surcharges for the DISTRICT under certain terms and conditions. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and DISTRICT agree as follows: 1. CITY will use its best efforts to collect on behalf of the DISTRICT the Major Facilities Charge or Direct Connection Surcharge as established by the DISTRICT in accordance with Resolution No. 439 of DISTRICT. However, the CITY shall incur no liability to DISTRICT for CITY'S failure to collect any Major Facilities Charge or Direct Con- -3- nection Surcharge on behalf of the DISTRICT in accordance with the terms and conditions of Resolution No. 439 of the DISTRICT. The charges will be collected by the CITY at the time of issu- ance of a building permit. 2. All charges collected by the CITY pursuant to this Agree-- ment will be held by the CITY in a separate trust account on behalf of the DISTRICT. 3. CITY shall disburse to the DISTRICT, not later than the fifteenth (15th) day of each calendar month, for deposit into the cap- ital development fund of DISTRICT, all charges collected by the CITY on behalf of the DISTRICT for the preceding month. 4. CITY shall have the right to review the records of the capital development fund of the DISTRICT at any time. 5. DISTRICT shall have the right to review the separate trust account of the CITY on behalf of the DISTRICT at any time. 6,. 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. -4- This agreement is executed on the day of I 1983. CITY OF CARLSRAD BY ,fiARY H. CASLER 7 Mayor ATTEST: ka& dgfA ALETHA L. RAmNKRANZ City Clerk / APPROVED AS TO FORM: VINCENT F. RIONDO, JR., City Attorney -5- .. * COSTA REAL MUNICIPAL WATER DISTRICT President ATTEST: A APPROVED AS TO FORM: PAUL S. SWIRSKY General Legal Counsel -6-