HomeMy WebLinkAbout1984-02-21; City Council; Resolution 7512II -.. _. .'
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RESOLUTION NO. 7512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A FOURTH SUPPLEMENT
TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT FOR THE TRANSFER OF EQUIPMENT AND VEHICLES FROM THE CITY TO THE DISTRICT
IHEREAS, the City of Carlsbad and Costa Real Municipal Wat District
have reached an agreement regarding Supplement No. 4 to the Water Service
Agreement which provides for the "cooperative use or transfer of equipment
and vehicles".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. The Fourth Supplement between the City of Carlsbad and Costa Real
Municipal Water District for the transfer of equipment and vehicles 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
held on the 21st day of F*ruarY , 1984, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
ATTEST:
(SEAL)
SUPPLEMENT NO. 4 TO
WATER SERVICE AGREEMENT BETWEEN
CITY OF CARLSRAD AND
COSTA REAL MUNICIPAL WATER DISTRICT
IN REFERENCE TO TRANSFER OF CERTAIN
ITEMS OF EOUIPMENT AND VEHICLES
FROM CITY OF CARSLRAD TO
COSTA REAL MUNICIPAL WATER DISTRICT
This agreement made and entered into by and between CITY OF
CARLSBAD ( "CITY" ) and COSTA REAL MUNICIPAL WATER DISTRICT ( "DISTRICT" ) .
Rec it a1 s :
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
ref erred to as "AGREEMENT".
2. The AGREEMENT provides in various sections for implementa-
t ion of the AGREEMENT.
3. Section 3 of the AGREEMENT provides, in part, that "The
cooperative use or transfer of personnel, certain items of equipment,
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. . . vehicles, . . . will be determined by the City Manager and Dis-
trict General Manager."
4. Selected CITY employees, equipment and vehicles have been
assigned to work under the supervision of the DISTRICT since July 25,
1983.
5. SUPPLEMENT NO. 3 to the AGREEMENT has determined the terms
and conditions in reference to employment of specified employees of
CITY by DISTRICT.
6. Both parties now wish to establish a written procedure for
transfer of certain equipment and vehicles of CITY to DISTQICT.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, CITY and DISTRICT agree as follows:
1. CITY transfers to DISTRICT the equipment and vehicles
identified and set forth on Exhibit "A" attached hereto and incorpora-
ted by reference.
2. The said equipment and vehicles set forth on Exhibit "A"
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shall be utilized by DISTRICT, in its sole discretion, in performing
its functions of Operation and Maintenance of the water system under
the AGREEMENT.
3. The effective date of this transfer shall be February 7,
1984.
4. After the effective date of the transfer, DISTRICT shall
be responsible for the equipment and vehicles set forth on Exhibit "A",
including but not limited to, repair, maintenance, insurance, replace-
ment and disposition.
This agreement is executed on the day of I
1984.
CITY OF CARLSRAD
BY MARY H. CASLER Mayor
ATTEST :
ALETHA L. RAUTENKRANZ
City Clerk
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APPROVED AS TO FORM:
VINCENT F. RIONDO, JR.
City Attorney
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
CITY
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