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HomeMy WebLinkAbout2009-08-18; Municipal Water District; Resolution 13711 RESOLUTION NO. 1371 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD) APPROVING THE RATIFICATION OF AGREEMENT WITH TECHBILT 4 CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF OVERSIZED POTABLE 5 WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH CARLSBAD TRACT CT 97-13, PROJECT NO. 3622, 3912, 6 5017. AND 5028. 7 WHEREAS, the developer of Carlsbad Tract 97-13 ("Project") was conditioned to g construct Tract CT 97-13, and requires the developer to install a 12-inch diameter potable water 9 pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive to meet 10 the needs of the Commercial and Industrial areas to be built within the Project (the "Project 11 Requirements"); and 12 WHEREAS, the District requested the developer to oversize the potable water pipeline, 13 from 12-inch diameter to a 16-inch diameter potable water pipeline and appurtenances in El 14 Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive; and 15 WHEREAS, the Planning Commission of the City of Carlsbad adopted a series of 16 resolutions on August 21, 2002 approving the Project, Carlsbad Tract Number CT 97-13 with 17 the oversizing of the potable water pipelines; and 18 WHEREAS, sufficient water connection fee funds are appropriated for the potable water 19 pipelines and are available to pay this reimbursement; and 20 WHEREAS, Ordinance No. 45, Article VI authorized reimbursement agreements 21 for oversizing pipelines to provide service to areas outside of the development. 22 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 23 Water District (CMWD) of the City of Carlsbad, California, as follows: 24 1. That the above recitations are true and correct. 25 2. That the President is authorized to execute the Ratification of Reimbursement 26 Agreement with Techbilt Construction Corporation, for reimbursement of costs to construct 27 oversized potable water pipeline improvements, Project No. 3622, 3912, 5017, and 5028. 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 18th day of August 2009, by the following vote, to wit: AYES: NOES: ABSENT: Board Members Lewis, Kulchin, Hall, Packard, Blackburn None None CLAUDE A. LEWIS, PRESIDENT ATTEST: LOR'RAlfoE MWQOD, SgjRETARY Karen R. Kundtz, AssistanfSecretary (SEAL) J-K>:o