RESOLUTION NO. 1734
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
DELEGATING AUTHORITY TO THE EXECUTIVE MANAGER TO FILE NORTH
COUNTY TRANSIT DISTRICT PERMIT APPLICATIONS AND EXECUTE LICENSE
AGREEMENTS FOR WATER DISTRICT CAPITAL IMPROVEMENT PROGRAM
PROJECTS
WHEREAS, the Carlsbad Municipal Water District, or CMWD, is a subsidiary district of the City of Carlsbad; and
WHEREAS, the North County Transit District, or NCTD, has policies regulating and governing the use of its property and right-of-way; and
WHEREAS, the NCTD requires the issuance of permits and, through its Board Policy 11, amended Oct. 21, 2021, and Administrative Policy and Procedure DSD-D4000, requires license agreements for any public agency requesting incidental use of real property; and WHEREAS, the NCTD considers incidental use of real property to include utility infrastructure such as water, recycled water, and sewer pipelines and appurtenances; and WHEREAS, staff find it necessary to file permit applications and execute NCTD license agreements for such activities in connection with Capital Improvement Program, or CIP, projects and such permit applications and agreements contain indemnities through standard clauses on the application forms or agreements; and
WHEREAS, the CMWD Board's indemnification is a condition precedent to the issuance of permits and execution of agreements by NCTD; and
WHEREAS, the CMWD Board has determined that it is in the public interest to delegate certain powers to the Executive Manager in accordance with Carlsbad Municipal Code Section 2.12.035(L).
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Executive Manager is hereby authorized to file permit applications and execute NCTD license agreements with indemnities limited to water and recycled water CIP projects, when recommended by the District Engineer and when approved as to form by the General Counsel or designee.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the Carlsbad Municipal Water District and the City Council of the City of Carlsbad on the 14th day of May, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH B~JURN, President
SHERRY FREISINGER, Secretary
(SEAL)