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Resolution 2001-30 RESOLUTION NO. 2001-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURF ACE TRANSPORTATION PROGRAM FUNDING FOR MONTEREY STREET STREETS CAPE IMPROVEMENTS, SIXTH STREET TO SEVENTH STREET AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT WHEREAS, the Transportation Equity Act for the 21 st Century (TEA 21) (Public Law 105-178, June 9, 1998) and the TEA 21 Restoration Act (Public Law 105-206, July 22, 1998) continue the Surface Transportation Program (23 U.S.C. ~ 133); and WHEREAS, pursuant to TEA 21, and the regulations promulgated thereunder, eligible project sponsors wishing to receive Surface Transportation Program grants for a project shall submit an application first with the appropriate metropolitan transportation planning organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission is the MPO for the San Francisco Bay region; and WHEREAS, the City of Gilroy is an eligible project sponsor for Surface Transportation Program funds; and WHEREAS, the City of Gilroy wishes to submit a grant application to MTC for funds from the Surface Transportation Program in fiscal year 2001-2002 for the following project: Monterey Street Streetscape Improvements, Sixth Street to Seventh Street WHEREAS, MTC requires, as part of the application, a resolution stating the following: 1) the commitment of necessary local matching funds of at least 11.5%; and 2) that the sponsor understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3) the assurance of the sponsor to complete the project as described in the application, and if approved, as programmed in MTC's TIP; and 4) that the sponsor understands that funds must be obligated by September 30, 2003, or the project may be removed from the program and the funds revert to MTC. RESOLUTION NO. 2001-30 -1- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that the City of Gilroy is authorized to execute and file an application for funding under the Surface Transportation Program of TEA 21 in the amount of$1,665,959 for Monterey Street Streetscape Improvements, Sixth Street to Seventh Street; and BE IT FURTHER RESOLVED that the City Council of the City of Gilroy, by adopting this resolution, does hereby state that: 1) The City of Gilroy will provide $192,000 in local matching funds; and 2) The City of Gilroy understands that the Surface Transportation Program and funding for the project is fixed at $1,665,959, and that any cost increases must be funded by the City of Gilroy from local matching funds, and that the City of Gilroy does not expect any cost increases to be funded with Surface Transportation Program funds; and 3) Monterey Street Streetscape Improvements, Sixth Street to Seventh Street will be built as described in this resolution and, if approved, for the amount shown in the Metropolitan Transportation Commission (MTC) Transportation Improvement Program (TIP) with obligation occurring within the timeframe established below; and 4) The program funds are expected to be obligated by September 30, 2003. 5) The City of Gilroy understands and consents to the VTA Board of Director's August 3, 2000 "Use-it-or-Lose-it" policy for all federally funded projects, whereby if a project sponsor causes funds to be lost to the countywide pool as a result of not delivering a project, that project sponsor would be penalized in an equal amount from the next "guarantee" grant allocation made to that entity. BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and BE IT FURTHER RESOLVED that the MTC is requested to support the application for the project described in the resolution and to program the project, if approved, in MTC's TIP. PASSED AND ADOPTED this 18th day of June, 2001 by the following vote: A YES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO and SPRINGER NOES COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SUDOL and VELASCO RESOLUTION NO 2001-30 -2- ATT~/ / ~~C~ Rhonaa Pellin, City Clerk RESOLUTION NO. 2001-30 APPROVED: ~ ~ Thomas W. Springer, Mayor -3- erk of the City of Gilroy I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-30 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day ofJune, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day ofJune, 2001. (Seal)