HomeMy WebLinkAbout2018-02-27; Municipal Water District; Resolution 1592RESOLUTION NO. 1592
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD (CMWD), AUTHORIZING THE
EXECUTIVE MANAGER TO PROVIDE TERMINATION NOTICE TO THE
LEUCADIA WASTEWATER DISTRICT FOR THE EXISTING AGREEMENT TITLED
"AGREEMENT FOR SALE OF RECYLED WATER TO THE CITY OF CARLSBAD BY
THE LEUCADIA WASTEWATER DISTRICT":
EXHIBIT I
WHEREAS, the Carlsbad Municipal Water District (CMWD), provides potable and recycled water
to the customers within its defined service area; and
WHEREAS, the use of recycled water is recommended whenever appropriate, consistent with
health and safety codes, to minimize the demand on limited potable water supplies; and
WHEREAS, CMWD had access to limited supplies of recycled water in the early years of the
development of the Recycled Water Program; and
WHEREAS, on March 25, 1991, CMWD entered into an agreement (Agreement) with the
Leucadia County Water District to purchase recycled water. Leucadia County Water District
subsequently was renamed the Leucadia Wastewater District (LWD); and
WHEREAS, the term of the Agreement was for 20 years, expiring on March 25, 2011. Section 17
of the Agreement provided for the terms to continue on a year to year basis beyond the expiration
date until either party gives one-year written notice of its intention to terminate or renegotiate the
Agreement; and
WHEREAS, on May 22, 2012, the CMWD Board approved Resolution No. 1441 authorizing the
executive manager to provide termination notice to the LWD for the recycled water purchase agreement titled
"Agreement for Sale of Recycled Water to the City of Carlsbad by the Leucadia Wastewater District"; and
WHEREAS, on Sept. 10, 2013, CMWD entered into a five-year term agreement with LWD for
purchase of recycled water. Section 17 of the Agreement provided that either party may give 180 days
written notice of its intention to terminate the Agreement; and
WHEREAS, CMWD would like to terminate the existing Agreement as it was not meant to be
the instrument for a long term agreement, and LWD representatives have expressed interest in having
a long term agreement.
EXHIBIT I
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD Board finds that it is in the best interest of the District to terminate the
existing Agreement, entitled "Agreement for Sale of Recycled Water to the City of
Carlsbad by the Leucadia Wastewater District," with the LWD.
3. That the Board hereby authorizes the executive manager to provide written 180-day
termination notice to the LWD consistent with the terms of the Agreement.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 27th day of February, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)