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HomeMy WebLinkAbout2010-06-22; Municipal Water District; Resolution 1398EXHIBIT 2 RESOLUTION NO. 1398 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD) APPROVING RATIFICATION OF AMENDMENT NO. 1 TO AN REIMBURSEMENT 4 AGREEMENT WITH TECHBILT CONSTRUCTION CORPORATION FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION 5 OF OVERSIZED POTABLE WATER PIPELINE IMPROVEMENTS WITHIN CARLSBAD OAKS NORTH, CARLSBAD TRACT CT 97-13, 6 PROJECT NO. 3622. 3912. 5017. AND 5028. 7 WHEREAS, the developer of Carlsbad Tract 97-13 ("Project") was conditioned to install 8 a 12-inch diameter potable water pipeline in El Fuerte Street, Faraday Avenue, Whiptail Loop, g and South Melrose Drive to meet the needs of the Commercial and Industrial areas to be built 10 within the Project (the "Project Requirements"); and 11 WHEREAS, the District requested the developer oversize the potable water pipeline, 12 from a 12-inch diameter to a 16-inch diameter potable water pipeline and appurtenances in El 13 Fuerte Street, Faraday Avenue, Whiptail Loop, and South Melrose Drive; and 14 WHEREAS, the Planning Commission of the City of Carlsbad adopted a series of 15 resolutions on August 21, 2002 approving the Project, Carlsbad Tract Number CT 97-13 with 16 the oversizing of the potable water pipelines; and 17 WHEREAS, sufficient water connection fee funds are appropriated for the potable water 18 pipelines and are available to pay this Amendment No. 1 to the reimbursement agreement; and 19 WHEREAS, Ordinance No. 45, Article VI authorized reimbursement agreements 20 for oversizing pipelines to provide service to areas outside of the development. 21 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 22 Water District (CMWD) of the City of Carlsbad, California, as follows: 23 1. That the above recitations are true and correct. 24 2. That the President is authorized to execute the Ratification of Amendment No. 1 25 for Reimbursement Agreement with Techbilt Construction Corporation, for reimbursement of 26 costs to construct oversized potable water pipeline improvements, Project No. 3622, 3912, 27 5017, and 5028. 28 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Board Member Packard. ^CLAUDE AttlEWIS, President ATTEST: LORRAINE M.(Vyt>OD, Secretary O - f>,: ,-.o: Vr<;