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Resolution 2007-74 "'i/'/ RESOLUTION NO. 2007-74 AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, the City of Gilroy (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $458,500 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the Sixth Street Streetscape West project (herein referred as PROJECT) for the MTC Third Cycle STP / CMAQ Project Selection Criteria and Programming Policy, Resolution 3723 (herein referred as PROGRAM); and 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 (23 U.S.C. ~ 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. ~ 149); and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit an application first with the appropriate Metropolitan 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 nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of STP/CMAQ funds; and WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1) the commitment of necessary local matching funds of at least 11.47%; and 2) that the sponsor understands that the STP/CMAQ funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and 3) that the project will comply with the procedures specified in Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4) the assurance ofthe sponsor to complete the project as described in the application, and if approved, as included in MTC's TIP; and 5) that the project will comply with all the project-specific requirements as set forth in Third Cycle STP / CMAQ Project Selection Criteria and Programming Policy. - 1 - ~j,iV" 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 (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA for Sixth Street Streetscape West project; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide $196,500 in non-federal matching funds; and 2. APPLICANT understands that the STP/CMAQ funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional STP/CMAQ funding; and 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No.3606, as revised); and 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 5. APPLICANT and the PROJECT will comply with the requirements as set forth in the Third Cycle STP / CMAQ Project Selection Criteria and Programming Policy; and therefore be it further RESOLVED that APPLICANT is an eligible sponsor ofSTP/CMAQ funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for STP/CMAQ funds for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its City Administrator or designee to execute and file an application with MTC for STP/CMAQ funding for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy ofthis 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 include the PROJECT, if approved, in MTC's TIP. - 2 - ",",-, <-,;;,,,,y,;#' PASSED AND ADOPTED this 1 ST day of October, 2007, by the following vote: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, GARTMAN, PINHEIRO, VALIQUETTE and VELASCO NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CORREA APPROVED: ATTEST: - 3 - '--~_"i,~, '''""",* I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-74 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 1 st day of October, 2007, 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 October, 2007. (Seal)