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HomeMy WebLinkAboutCC RESO 11,830RESOLUTION NO. 11,830 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT AMONG THE COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY, CITY OF CHULA VISTA AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT BE IT RESOLVED by the City Council of the City of National City, California as follows: That the City Manager is authorized and directed to execute that certain Cooperative Agreement among the County of San Diego, City of National City, City of Chula Vista and the San Diego County Flood Control District for the acquisition of rights -of -way and the relocation of utilities preparatory to the construction by the U. S. Army Corps of Engineers of the Sweetwater River Flood Control project. PASSED AND ADOPTED this l2th day of August, 1975. ATTEST: COOPERATIVE AGREEMENT AMONG THE COUNTY•OF SAN DIEGO CITY OF NATIONAL CITY CITY OF CHULA VISTA AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT THIS AGREEMENT, entered into this day of 1975, by and among the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, the CITY OF NATIONAL CITY, hereinafter referred to as NATIONAL CITY, the CITY OF CHULA VISTA, hereinafter referred to as CHULA VISTA, and the SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, herein- after referred to as DISTRICT is made pursuant to authority of Chapter. 5, Article 1, of the California Government Ccac (Joint Powers Agreement). WITNESSETH WHEREAS, pursuant to 1969 Statutes Chapter 1245 (Assembly Bill No. 873) the County has entered into an agreement entitled "Cooperative Agreement between the County of San Diego and the State of California" for the acquisition of rights -of -way and the relocation of utilities preparatory to the construction by the U. S. Army Corps of Engineers of the Sweetwater River Flood Control project, and pursuant to said statute and agreement the County will receive from the State advancements from money in the State Highway Fund to pay the State for said acquisition and costs, WHEREAS,' pursuant to said statute and agreement the County, over the next several years, may receive ad- vancements totaling as much as $4,800,000 from the State Highway Fund for the aforesaid purposes and has agreed to pay interest on the funds advanced at the annual rate being earned by the State's "Pooled Money Investment Fund" on the date of execution of this agreement, WHEREAS, County is obligated to repay the total amount of its advancements from the State together -with all accumulated interests not later than June 30, 1980, WHEREAS, said Sweetwater Flood Control project is located partly in Chula Vista, partly in National City, and partly in Zone 3 of the San Diego County Flood Control District and will be of primary benefit to property owners in these jurisdictions; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to said statute and agreement County shall pay the State on November 1, 1975, the interest accrued on any advancements made by the State to the County prior to that date and thereafter quarterly on each succeeding February 1, May 1, and August 1 until said sums are repaid by the County to the State. -2- 2. National City will,pay to the County an amount equal to 30.7% of the amount paid by the County to the State for said interest. 3. Chula Vista will pay to the County an amount equal to 30% of the amount paid by the County to the State for said interest. 4. District (Zone 3) will pay to the County 39.3% of the amount paid to the State for said interest 5. Charges by the County to National City, Chula Vista, and the District for reimbursement of interest in accor- dance with the foregoing shall be made on November 1, 1975, for interest on advancements made prior to that date, and thereafter quarterly on each succeeding February 1, May 1, and August 1 until said advancements are repaid by the County to the State. 6. All parties agree that: a. In the event the entire incorporated territory of National City lying within the boundaries of Zone 3 of the District should be annexed to the District the obliga- tion of National City under Paragraph 2 of this agreement shall cease with the payment made on May 1 next preceding District's first collection of taxes levied by the District upon said incorporated territory so annexed and shall be assumed by the District. b. In the event the entire incorporated territory of Chula Vista lying within the boundaries of Zone 3 of the District should become annexed to the District the obligation of Chula Vista under Paragraph 3 of this agreement shall cease with the payment made on May 1 next preceding District's first collection of taxes levied by the District upon said incorporated territory so annexed and shall be assumed by the District. 7. All charges, notices, or other communications to any of the parties by any of the other parties shall be deemed given when made in writing and deposited in the United States Post Office, addressed as follows: TO COUNTY: Mr. B. V. Elkins, Acting Director Department of Sanitation & Flood Control County of San Diego 5555 Overland Avenue San Diego, California 92123 TO NATIONAL CITY: Mr. Robert S. Bourcier', City Manager City of National City 1243 National Avenue National City, California 92050 TO CHULA VISTA: Mr. Lane Cole, City Manager City of Chula Vista 276 Guava Street Chula Vista, California 92010 TO DISTRICT: Mr. B. V. Elkins, Acting Director Department of Sanitation & Flood Control County of San Diego 5555 Overland Avenue San Diego, California 92123 8. This agreement shall be for a term commencing on 1975, and ending on June 30, 1980. -4- 9. This agreement may be amended or cancelled by mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first written. COUNTY County of San Dieg" By Chairman, Board of Supervisors Attest: Clerk of the Board of Supervisors CHULA VISTA NATIONAL CITY City of National City Attest: DISTRICT Clerk City of Chula Vista San Diego County Flood Control District By Attest: By Chairman, Board of Directors Attest: Clerk Clerk of the Board of Directors