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Home My WebLink About1988-07-05; City Council; Resolution 88-220t 6. 1 2 3 0 0 RESOLUTION NO. 88-220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING UTILITY CONTRACT WHEREAS, the CITY COUNCIL of the CITY OF CAR CALIFORNIA, has, pursuant to the provisions of the "Mun Improvement Act of 1913", being Division 12 of the Stree. Highways Code of the State of California, by adoption ( Resolution of Intention, declared its intention to ordc construction and installation of certain works of improv together with appurtenances, in a special assessment di known and designated as ASSESSMENT DISTRICT NO. 86-1 (P AIRPORT ROAD) (hereinafter referred to as the "Asse District"); and, WHEREAS, pursuant to Section 10110 of the Streei Highways Code of the State of California, it is require( prior to the time that any works of improvement are c pursuant to said proceedings, the legislative body m, contract, provide that certain works shall be performed by public agencies or regulated public utilities who will ha legal title to the facilities, and further that said improv shall thereafter constitute a part of their system; and, WHEREAS, it is further provided that any such agr shall be made prior to the adoption of the Resolution Or Work under the assessment proceedings; and, WHEREAS, at this time, contracts have been review submitted pursuant to the authorization of Section 10110 c 27 28 Streets and Highways Code. 2 r* 1 2 3 e 0 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all tru 4 IICQ~=G~ r 5 SECTION 2. That the agreement, herewith submitted, I 6 between the City and the COSTA REAL MUNICIPAL WATER DIS 1o control of other public agencies or regulated public uti1 9 ment facilities that will be under the ownership, manageme 8 relating to the construction and installation of certain irn the City Clerk. 11 is hereby approved and authorized €or execution by the May 7 12 13 14 Water District, together with a copy of this Resolution. 15 16 of Carlsbad at its regular meeting held on the 5th 17 July , 1988, by the following vote, to wit: 18 19 20 21 22 23 SECTION 3. That immediately upon execution, a cor copy of said contract shall be transmitted to the offices PASSED, APPROVED AND ADOPTED by the City Council of th AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES : None ABSENT: None ABSTAIN: Council Member Larson ATTEST: 24 I dJ& R P- ,25 ALETHA L. RAUTENKRANZ, Cit3 Clerk 26 27 (SEAL) 28 * " .(. a. 0 . AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS THIS AG%EMENT, made and entered into this 1% day of and between CITY OF CARLSBAD CALIFORNIA (hereinafter calle &*i t REAL MUNICIPAL WATER DISTRICT (hereinafter referred to as "District"). WHE~S, Agency is considering proceedings pursuant to the provisions of the pal Improvement Act of 1913", being Division 12 of the Streets and Highways the State of California, for the construction and installation of certain mente, including utility improvements, within a special assessment district, assess the costs and expenses of such improvements against properties be from said improvements, said special assessment district known and desigr ASSESSEEHT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred tc "Assessment District"); and, WHEREAS, District is a public agency, organized and existing under the lawe State of California, and is authorized and obligated to provide service territorf and property within the boundaries of the proposed Assessment D: and , WHEREAS, the improvements to be constructed under the Assessment District the installation of. certain public improvements, together with utility improy all as vi11 be shown on the plans and specifications as set forth in the En( "Repozt", and the improvements proposed for this Assessment District which under tke ownership, management and control of District are herewith de.scr the construction of certain water improvements to serve and benefit prc within the boundaries of ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD). WHEREAS, Agency and District desire at this time to enter into this A( pursuant to the provisions and authorization of Section 10110 of the Stre Highways Code of the State of California. NOW, THEWFORE, IT IS MUTUALLY AGWED between the parties as follows: RECITALS SECTION I. That the above recitals are all true and correct. PROCEEDINGS SECTION 2. Agency shall continue to conduct proceedings for financj construction of improvements proposed for the above-referenced ment District, including those facilities to be under the owr management and control of District, and for a full and complete c tion of the works of improvement to be under the control, mar and ownership of District, reference is hereby made to the pl specifications, all of which will be incorporated in the Ens "Report" for the above-referenced Assessment District. . I. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. . 0 e PLANS AND SPECIFICATIONS District shall furnish .and supply, and/or approve, all plans, sp~ tions and drawings, as well as provide administration, supervis inspection as necessary and required for the construction and ir tion of the above referenced improvements. IMPROVEMENT FUND Upon the confirmation of an assessment to pay the costs and exE the works of improvement, the Agency shall establish a special ment Fund, into which shall be deposited all payments made assessment, as well as the proceeds from the sale of bonds. I: shall be used exclusively for the payment of the costs and exF the proceedings and to reimburse costs for the the construc installation of all public facilities. PAYMENT All payments required to be made by Agency for the Assessment D shall be made solely and exclusively from the special Improvemen and Agency shall not be obligated to make any such payment f: other funde or monies of said Agency. This Agreement is subject power of the legislative body to abandon the proceedings at a: prior to the effective date of this Agreement. OWNERSHIP OF FACILITIES Upon completion of the installation of the facilities, Distric own, operate .and maintain said improvement facilities, ar continue to provide service to the property owners with boundaries of the Assessment District in accordance with all laws, regulations and ordinances in force. Said facilitier become'part of the system of District and shall thereafter bc operated and maintained as part of said system. AUTHORIZATION This Agreement is made pursuant to the authorization of Sectior of the Streets and Highways Code of the State of California, the cipal Improvement Act of 1913". EFFECTIVE DATE OF AGREEMENT Pursuant to Section 10110 of the Streets and Highways Code, this ment shall become effective after proceedings have been taken ar ordered, pursuant to the "Municipal Improvement Act of 1913" an( are available to carry out all of its terms. In the event the p. ings for the formation of the special .Assessment District st abandoned, enjoined or held by a court of competent jurisdictior illegally or improperly conducted, or if for any reason the procl are not consummated, or if consummated and funds are not suific. available, then this Agreement shall be terminated and any Ag. between the parties shall be.cancelled. -. ~ *,. . *. e 0 NOT1 CE SECTION 9. Any notices authorized .or required by this Agreement shall be de have been given when deposited in the United States mail, prepaid, addressed to the persons below listed: TO AGENCY: CITY OF CARLSBb 1200 ELM AVENUE CARLSBAD, CA 92008 ATTENTION: CITY MANAGER TO DISTRICT: COSTA REAL MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CAIUSBAD, CA 92008 ATTENTION: GENERAL MANAGER SPECIAL TERMS AND CONDITIONS SECTION 10. For any particular terms and conditions as they relate to this ment District and these proceedings, reference is made to Exhi attached hereto and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year first hereinabove written. ATTEST : aJL?Y-&R@y City Clerk "DISTRICT" COSTA REAL MUNICIPAL WATER DISTRICT ATTEST : By : . - .. '. e a q EXHIBIT A SUPPLEMENTAL'TERMS AND CONDITIONS It is further agreed between Agency and District, under thc "Agreement for Installation, Conveyance, Maintenance and Operation of Improvements!! ( "Agreement" ) of bll f , 1988 that : fY Section A-1. Except as provided in the May 27, 1988 contract between the City of Carlsbad and District, entitled "Agreement for Reimbursement To Construction 16" Waterline and Pressure Reducing Station in Palomar Airport Road West (Assessment District No. 86-l), pursuant to Sections 3, 4 and 5 of the Agreement Agency shall pay District for: (1) costs reasonably incurred by District for furnishing, supplying, and/c approving plans and specifications, drawings, or other document; as necessary and required for the construction anci instaiiation of the referenced utility improvements; (2) the reasonable cost; of administering, supervising and inspecting such construction and installation; (3) the costs of any relocations of District facilities required by reason of the construction or installati1 of the referenced utility improvements; (4) major facilities charges based upon the estimated requirements of the area benefited and the charges in effect at the time.the assessment, if any, is confirmed. Section A-2. The Engineer's Report described in Section 2 of the Agreement shall contain estimates of the costs reasonabl: anticipated pursuant to Section A-1 hereof. Section A-3. Agency shall notify District promptly of the confirmation of assessments, letting of construction contracts hereunder, issuance of any bonds for the improvements, and abandonment of the. proceedings. Upon the occurrence of each of these events, Agency shall reimburse District for all costs incurred hereunder prior to the date of notice, notwithstanding any contrary provisions in the Agreement including pravisions f termination of the Agreement. In addition, upon sale .of the bonds, if any, the major facilities charges shall be paid to District. The District shall also be reimbursed for its costs under this Agreement within 30 days of billing by the District for costs incurred after award of construction contracts hereunder. Section A-4. Agency agrees that no property owned by . District, or hereafter acquired for construction of water facilities thereon shall be subject to any assessment by Assessment District No. 86-1. Section A-5. District shall have no obligation to accept, operate or maintain any improvement facilities not constructed accordance with the plans, specifications,-rules or regulations of the District, or other laws or regulations appdicable to SUC facilities at the time of acceptance. (ET31:GMCOST.I)