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Resolution 2004- 73 RESOLUTION NO. 2004-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR THE ROSSI LANE AND MURRAY AVENUE REHABILITATION PROJECT AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) 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, the TEA-21 legislation will guide Surface Transportation Program until the TEA-21 Reauthorization bill is authorized; and WHEREAS, pursuant to TEA-21, and the regulations promulgated there under, 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; and WHEREAS, The City of Gilroy wishes to submit an application to MTC for funds from the Surface Transportation Program in fiscal year 2005-06 and 2006-07 for the following project: Rossi Lane and Murray Avenue Pavement Rehabilitation Project WHEREAS, MTC requires, as part of the application, a resolution stating the following: 1) the commitment oflocal matching funds of at least 11.47%; and 2) that the sponsor understands that the Surface Transportation Program funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with Surface Transportation 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 Resolution No. 2004-73 -1- 4) that the sponsor understands that funds must be obligated by June 30 of the year that the project is programmed for in the TIP, or the project may be removed from the program; and 5) that the sponsor has a MTC certified pavement management system (PMS). NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Gilroy is authorized to execute and file an application for funding under the Surface Transportation Program of TEA -21 Reauthorization in the amount of $289,000 for Rossi Lane and Murray Avenue Rehabilitation Project; and BE IT FURTHER RESOLVED that the City Council by adopting this resolution does hereby state that: 1) the City of Gilroy will provide $63,000 in non-federal matching funds; and 2) the City of Gilroy understands that the Surface Transportation Program funding for the project is fixed at $289,000; 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) Rossi Lane and Murray Avenue Pavement Rehabilitation Project 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 June 30 of the year the project is programmed for in the TIP. BE IT FURTHER RESOLVED that the City of Gilroy is an eligible sponsor of projects in the Surface Transportation Program; and BE IT FURTHER RESOLVED that the City of Gilroy is authorized to submit an application for Surface Transportation Program funds for Rossi Lane and Murray Avenue Rehabilitation Project; and be it further BE IT FURTHER RESOLVED that there is no legal impediment to the City of Gilroy making applications for Federal STP Road Rehabilitation Program funds; and BE IT FURTHER RESOLVED that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City of Gilroy to deliver such project; and 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 Resolution No. 2004-73 -2- 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 19th day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ~, Resolution No. 2004-73 -3- I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-73 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of July, 2004, 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 21st day of July, 2004. :J - . . / ~(}?~, City Clerk of the City of Gilroy (Seal)