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HomeMy WebLinkAboutCC RESO 10,042RESOLUTION NO.' ' ?_0,042 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute a Cooperative Agreement Between the County of San Diego and the City of National City for the design and cons- truction of a flood control channel known as the Sweet- water River Flood Control Channel, according to the.at- tached agreement. PASSED AND ADOPTED this I7th day of February, 1970. 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 February, 1970, 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, hereinafter referred to as DISTRICT is made pursuant to authority of Chapter 5, Article 1, of the California Government Code (Joint Powers Agreement). WITNESS E T H: WHEREAS, pursuant 1969 Statutes Chapter 1245 (Assembly Bill No. 720) the County will enter 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 advancements totalling as much as $4,300,000 from the State Highway Fund for the aforesaid purposes and has agreed to pay interest on the funds advanced at the rate of 4 percent per annum, WHEREAS, County is obligated to repay the total amount of its advancements from the State together with all accumulated interest not later than June 30, 1975, 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; -2- NOW, THEREFORE, IT IS AGREED AS FOLLCWS: 1. Pursuant to said Statute and agreement County shall pay the State on August 1, 1970, the interestaccrued on any advancements made by the State to the County prior to that date and thereafter quarterly on each succeeding November 1, February 1, May 1 and August 1 until said sums are repaid by the County to the State. 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 30.0% 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 accordance with the foregoing shall be made on August 1, 1970, for interest on advancements made prior to that date, and thereafter quarterly on each succeeding November 1, February 1, May 1, and August 1 until said advance- ments are repaid by the County to the State. 6. A11 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 become annexed to the District the obligation 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. Warren A. Barney, Director Department of Special District Services County of San Diego 5555 Overland Avenue San Diego, California 92123 TO N4TI0aAL CITY: Mr. Cleo Osburn, City Manager City of National City 1243 National Avenue Nationai City, California 92050 -3- Attest: Clerk r'' -iOVED AS TO FORM: ERTRAM McLEES, JR. County Counsel lasves TO CHULA VISTA: Mr. Gordon E. Thorn, City Manager City of Chula Vista 276 Guava Chula Vista, California 92010 TO DISTRICT: Mr. Warren A. Barney, Director Department of Special District Services County of San Diego 5555 Overland Avenue San Diego, California 92123 8. This agreement'shall be for a term commencing on February , 1970, and ending on June 30, 1975. 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 NATIONAL CITY County of San Diego City of National City By By Chairman, Board of Supervisors Attest: Attest: Clerk of the Board of Supervisors Clerk CHULA VISTA DISTRICT City of Chula Vista San Diego County Flood Control District By By Chairman, Board of Directors Attest: Clerk of the Board of Directors