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Resolution 2006-21RESOLUTION NO. 2006 -21 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 PAVEMENT REHABILITATION 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 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109 -59, August 10, 2005) continues the Surface Transportation Program (STP) (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149); and WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE programming until a SAFETEA bill is authorized; and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive Surface Transportation Program or Congestion Mitigation and Air Quality Improvement 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 (MTC) is the MPO for the San Francisco Bay region; and WHEREAS, the City of Gilroy is an eligible project sponsor for Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and WHEREAS, the City of Gilroy wishes to submit an application to MTC for funds from the Surface Transportation Program Improvement Program in fiscal years 2006 -07, 2007 -08, and 2008 -09 for the following project: Forest Street Pavement Rehabilitation (pavement overlay; repair severely damaged curb and gutter; and adjust utility covers, survey monuments, manholes, etc., where necessary) WHEREAS, MTC requires, as part of the application, a resolution stating the following: 1) The commitment of necessary local matching funds of at least 11.47 %; 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 RESOLUTION NO. 2006 -21 -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 certified pavement management system (PMS). 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 SAFETEA in the amount of $285,779 for Forest Street Pavement Rehabilitation; 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 $43,000 in non - federal matching funds; and 2) The City of Gilroy understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the project is fixed at $285,779, 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 or Congestion Mitigation and Air Quality Improvement Program funds; and 3) Forest Street Pavement Rehabilitation 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 and Forest Street Pavement Rehabilitation; and BE IT FURTHER RESOLVED that there is no legal impediment to the City of Gilroy making applications for Local Streets and Roads Shortfall 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 RESOLUTION NO. 2006-21 -2- BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the tiling of the application; and BE IT FURTHER RESOLVED that 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 3rd day of April, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Albert Pinheiro, Mayor ATT T: Rhonda Pellin, City Clerk RESOLUTION NO. 2006 -21 -3- I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006 -21 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 3rd day of April, 2006, 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 4th day of April, 2006. City Clerk of the City of Gilroy (Seal)