HomeMy WebLinkAbout1987-06-09; City Council; Resolution 9112c
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RESOLUTION NO. 9112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND THE COSTA REAL MUNICIPAL WATER DISTRICT TO
PROVIDE EXTRA-TERRITORIAL WATER SERVICE FOR IRRIGATION
PURPOSES-FOR THE CITY'S LA COSTA AVENUE CORRIDOR PROJECTS
WHEREAS, the City of Carlsbad requires water service for
the City's La Costa Avenue Corridor projects; and
WHEREAS, the construction area of said projects lies
within the jursidictional boundaries of both the Costa Real
Municipal Water District and the Olivenhain Municipal Water
District; and
WHEREAS, the Olivenhain Municipal Water District currently
has no waterlines in the vicinity of La Costa Avenue which can
feasibly and economically serve said project; and
WHEREAS, the Costa Real Municipal Water District maintains
within the boundaries of said district; and
WHEREAS, the Olivenhain Municipal Water District has
consented to allowing the Costa Real Municipal Water District
to supply water service for the City of Carlsbad's La Costa
Avenue Corridor projects within Olivenhain's boundaries;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad,
California, does hereby approve the attached agreement with the
Costa Real Municipal Water District to provide extra-
territorial water service for the City of Carlsbad's La Costa
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Avenue Corridor projects under the terms
agreement, which is incorporated by re
hereof.
and conditions of said
erence and made a part
3. That the Mayor and City Clerk of the City of Carlsbad,
California, are hereby authorized to execute said agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
9 Carlsbad City Council held on the gth day of June
1987 by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Kulchin, Mamaux, Pettine, Larson
ABSENT: None
ATTEST:
(SEAL)
NT TO PROVIDE
WATER SERVICE FOR IRRIGATION PURPOSES
This agreement is entered into this day of ? 19 , between and among the Costa Real Municipal Water District
("Costa Real"), the City of Carlsbad ("City") and the Olivenhain Municipal Water District ( "Olivenhain" 1, with respect to the following facts:
A. Costa Real maintains a water line at the corner of El Camino Real and La Costa Avenue within the boundaries of the ,District.
B. The City is widening La Costa Avenue, a portion of which lies within the boundaries of Olivenhain and outside
the boundaries of Costa Real. City desires to construct a
water line for landscape irrigation purposes along La Costa Avenue.
C. Olivenhain currently has no water lines in the vicinity
of La Costa Avenue which can feasibly serve the City.
D. The "Water Service Agreement" between Costa Real
and City does not apply to territory outside of Costa Real's boundaries, but within the boundaries of City.
E. City desires to purchase, and Costa Real desires
to sell, up to one afa of surplus water to be used outside
the boundaries of Costa Real for City's use for landscape mainte-
nance purposes only.
NOW, THEREFORE, it is agreed among the parties:
1. Connection; Water Use. City may connect to
the water system of Costa Real at the corner of El Camino Real
and La Costa Avenue a water line solely for landscape irrigation of the City-owned property and slope easements shown on Exhibit
"A" hereto.
2. Surplus Water. City recognizes that Costa Real
has a responsibility to the water users of the Costa Real Munici- pal Water District to attempt to maintain an adequate supply
of water. Therefore, City shall be entitled, under this agree-.
ment, to purchase only such water as is surplus to the needs
of the residents of Costa Real, as determined by its Board
of Directors. In the event Costa Real determines that there is no surplus water available to it, Costa Real may suspend
or terminate water service pursuant to this agreement upon written notice at any time.
3. Water Rates. For the term of this Agreement,
City shall pay District in the same manner as and at the same rates as retail customers of City and District pay for water service.
Conservinq Practices. Q City agrees to
utilize water co ving practices, and to onsider xeriscape
methods and native plant material in the area served pursuant
to this agreement.
5. Consent to Water Service. Olivenhain consents
to the provision of water by Costa Real within the boundaries
of Olivenhain; provided, however, that in the event of a water
shortage during which water supplies from the San Diego County
Water Authority are allocated, service under this contract shall be suspended, or if not suspended, shall not be counted
in such allocation calculation so as to reduce the allocation
of Olivenhain,
6. Construction and Operation of 'Waterline. The City agrees that construction, maintenance, inspection and operation of the water line shall be the City's responsibility. The connection and water line between the connection and the
meter shall be constructed in accordance with the standards and specifications of Costa Real. Costa Real has approved the plans and specifications for the line from the main to
the meter. Water use shall be metered, and the meter shall be read by City staff on the same schedule as other city meters
are read. Neither Costa Real nor Olivenhain shall be required, as a result of this agreement, to incur any costs or expenses
in the provision of water service hereunder.
7. Term of Aqreement. The initial term of this
agreement shall be ten (10) years. This aqreement shall be
automatically renewed for successive lO-yeak periods unless
any party gives six months prior written notice of; termination.
8. Attorneys' Fees. In the event of any claim,
dispute or action arising out of the terms and conditions of this agreement, the prevailing party shall be entitled to reason- able attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this agreement
by their officers therein duly authorized as of the date and year first written above.
Ai'TEST:
ALETHA L. RAUT
(SEAL) COSTA REAL MUNICIPAL WATER DISTRICT
-
OLIVENHAIN MUNICIPAL WATER DISTRICT
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