Resolution 2005-44RESOLUTION NO. 2005 -44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL
SURFACE TRANSPORTATION PROGRAM FUNDING FOR FOREST
STREET OVERLAY 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 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; and
WHEREAS, the City of Gilroy wishes to submit an application to MTC for funds
from the Surface Transportation Program Program in fiscal year 2005 -06 for the
following project:
Digouts and Overlay on Forest Street from IOOF Avenue to Miller Slough Bridge.
WHEREAS, MTC requires, as part of the application, a resolution stating the
following:
1) the commitment of local 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
RESOLUTION NO. 2005 -44 -1-
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 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 Gilroy 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 $106,475
for Digouts and Overlay on Forest Street from IOOF Ave to Miller Slough Bridge; and
BE IT FURTHER RESOLVED that the Gilroy City Council by adopting this
resolution does hereby state that:
1) the City of Gilroy will provide $13,795 in non - federal matching funds; and
2) the City of Gilroy understands that the Surface Transportation Program funding
for the project is fixed at $106,745, and that any cost increases must be funded by
the City of Gilroy from local matching funds, and that City of Gilroy does not
expect any cost increases to be funded with Surface Transportation Program
funds; and
3) Forest Street Overlay 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, the City of Gilroy is authorized to submit
an application for Surface Transportation Program funds for Forest Street Overlay, that
there is no legal impediment to City of Gilroy making applications for Federal STP Road
Rehabilitation Program funds, 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, that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application, and 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.
RESOLUTION NO. 2005 -44 -2-
PASSED AND ADOPTED this 18th day of July, 2005 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
49Pinheiro, Mayor
ATTEST:
Rh nda Pellin, City Clerk
RESOLUTION NO. 2005 -44 -3-
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -44 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
18th day of July, 2005, 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 26th day of July, 2005.
City Clerk of the City of Gilroy
(Seal)