HomeMy WebLinkAboutContracts & Agreements_12-1989_CCv0001.pdf AM--PREL-ANN-EX,AT-1-0-N-AG-RBLE-t4Z-N-T
This Memorandum of Understanding is executed hereinbelow between
the City of Redlands, hereinafter "City" , and the San Bernardino Valley
Water Conservation District, hereinafter "District" , to evidence the
mutual understanding and concerns of the parties with reference to
proceedings to annex certain property located in the unincorporated
area of the County of San Bernardino to the City of Redlands.
MCIMA15
A. The Ci-L-I-v desires to annex certain property located in the
unincorporated area of the County of San Bernardino which annexation
has been designated Number 69. Said area contains extensive land owned
by the District and by the United States Government.
B. The District is a water conservation district formed for the
purpose of conserving the waters of the Santa Ana River and Mill Creek.
For many years the District, and its immediate predecessor, 41--he Water
Conservation Association, has pursued a vigorous program of water
conservation whereby available natural waters are percolated into the
underground basin so as to be available to meet the water requirements
of the entire San Bernardino Valley.
In addition, the District has pursued an active water conservation
role upon the lands owned by the United States Government, all in
accord with the pertinent Congressional Act of 1909 which dedicated
such lands to water conservation purposes.
The water conservation effort has been accomplished by the use of
spreading ponds, settling basins, storage facilities, conduits and
works related thereto.
C. Over the passage of many years, the District has entered into
numerous leases of its owned lands for the purpose of enhancing its
water conservation capability by development of facilities directly
capable of storing, preserving and processing such natural waters as
may be available in the state of nature. Such facilities have also
been required to prepare for accormmodation and to accommodate such
waters as may in recent years have become available by way of
importation from sources outside the San Bernardino Valley and supplied
other than by natural process. Such leases have likewise been de-signed
to permit the District sufficient funds to carry out its conservation
mandate without burdening the taxpaying public of the area.
D. The land area subject to this annexation and including the
lands owned by the District have heretofore been zoned as Flood Plain
by the County of San Bernardino.
E. The District has requested the City to consider entering into
a Memorandum of Understanding whereby the parties mutually acknowledge
the water conservation function and commitment of the District and its
lands, to the exclusion of other and lesser uses, public and otherwise,
which may from time to time be urged. The District desires that the
City annex such proposed area as includes the District lands but only
upon agreement to the fundamental sovereignty of the District with
respect to the use and control of its lands and assets in furtherance
of its conum. fitment to the purpose of water conservation.
A!G_RUNB.NT_6
NOVI, THEREFORE the Parties agree:
Z. Annexa D: City has initiated proceedings for the
annexation of certain lands lying generally north of the City of:
Redlands and in the unincor',00rated territory of the County of San
Bernardino. The District wi-11 support and cooperate in any manner
reasonably required to insure completion of the annexation in a timely
manner.
2 . ire-zDjLjDg: Upon execution of this agreement, the City shall
commence Proceedings to pre-zone the land involved in the prospective
annexation to Flood Plain Zone to become effective at the same time
that the anneXation by City becomes effective.
.Lve.
3 . Ackm_oy2ed_agnLeD_t : The City acknowledges that the District,
forrued pursuant to applicable provisions of the Water Code of the State
of California, as a water conservation district, has performed and
shall continue to perform its water conservation function and pursuant
thereto shall own, operate, manage, use and maintain its lands solely
for the purpose and in the interest of water conservation as that
purpose shall appear to the District and its duly authorized governing
body.
IN WITNESS WHEREOpt the undersigned have executed this agreement on
this 21st day of February 1989 at Redlands CalifoMia.
ATTEST: City of Redlands
C :it , 0
Clerk, of Redlands Carole Beswick, Mayor
San Bernardino Valley Water
Conservation District by
!�resident
an '43jernarbino Vatliev WaterTans-cruatijan District
DIRECTORS TELEPHONE 793-2503 WILLIAM J.HILTGEN
ROBERT T, PAINE,PRESIDENT AREA CODE 714 SECRETARY
J.WILLIAM HAGER,VICE-PRESIDENT 303 BROOK IDE AVENUE
BERT MARCUM JR, DAviD C.HORNAL R EDLANDS,CALIFORNIA 92373 PETER J. RUSHER
ARNOLD I_.WRIGHT STANLEY C_BERGER MANAGER
DON J. DA-NIELS
RICHARD A.MULLIGAN
ATTORNEY
March 21, 1989
'X
f 'Lr1 �
John Holmes J� ' MA22 =b,
City Manager {
City of Redlands MP 'S i
P. Q_ Box 2090
� ���I=� r t,
Redlands, CA 92373
Dear ,john:
Enclosed is a fully executed copy of the Memorandum of Understanding
and Preannexation Agreement between. the City of Redlands and the San
Bernardino Valley water Conservation District.
Sincerely,
e_"
Peter J. Rusher
Manager
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Encl.