HomeMy WebLinkAbout1983-12-20; City Council; Resolution 7440'
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RESOLUTION NO. 7440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING ASECONI) SUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT IN FBEEREXCX TO ESTAEGISHING PIioTocOL FOR IMF-NG
PRocEDURZS CONIECTFD WITH THE WATER SEl?S7ICE AGREm
WHEREAS, the City of Carlsbad and Costa Real Municipal Water District
lave reach agreement regarding supplement number 2 to the water service
igreement which provides for the collection by the City of the District's
najor facilities fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Zarlsbad as follows:
1. That the second supplement to the basic agreement between the City
of Carlsbad and Costa Real Municipal Water DistLict 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 December 9
1983 by the following vote, to wit:
AYES: Council bknibers Casler, Lewis, Kulchin, Chick and Prescott
NOES: ~ne
ABSENT: Fane
ATTEST :
MARY H. dSLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk d
DRAFT
SUPPLEMENT NO. 2 TO
WATER SERVICE AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND
COSTA REAL MUNICIPAL WATER DISTRICT
IN REFERENCE TO ESTABLISHING PROTOCOL
THE WATER SERVICE AGREEMENT
FOR IMPLEMENTING PROCEDURES CONNECTED WITH
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.
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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
Bv - I MARY HB CASLER
Mayor
ATTEST:
ALETHA L. RAUlT!3NKRANZ 1 v- City Clerk
APPROVED AS TO FORM:
City Attorney
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COSTA REAL MUNICIPAL WATER DISTRICT
BY N. M. ALMACK
President
ATTEST:
FRED W. MAERKLE
Secretary
APPROVED AS TO FORM:
PAUL S. SWIRSKY
General Legal Counsel
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