Resolution 2010-58
RESOLUTION NO. 2010 - 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY 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, City of Gilroy (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $614,000 in funding from
the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality
Improvement (CMAQ) program for the City of Gilroy Road Resurfacing Project (herein referred to
as PROJECT) for the MTC Resolution, No. 3925, New Federal Surface Transportation Act (FY
2009-10. FY 2010-11 and FY 2011-12) Cycle 1 STP/CMAQ Program: Proiect Selection Criteria.
Policy. Procedures and Programming (herein referred to as PROGRAM); and
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Vsers (SAFETEA) (Public Law 109-59, August 10,2005) continued the Surface
Transportation Program (23 V.S.C. ~ 133) and the Congestion Mitigation and Air Quality
Improvement Program (CMAQ) (23 V.S.C. ~ 149) through September 30,2009; and
WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be
subsequently extended pending enactment of successor legislation for continued funding; 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
RESOLUTION NO. 2010 - 58
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 of the 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 the
PROGRAM.
NOW, THEREFORE, BE IT RESOLVED that the CITY OF GILROY is authorized to
execute and file an application for funding for the PROJECT under the Surface Transportation
Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of
SAFE TEA, any extensions of SAFETEA or any successor legislation for continued funding; and be
it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT will provide ($153,000) 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
RESOLUTION NO. 2010 - 58
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
program; and therefore be it further
RESOLVED that APPLICANT is an eligible sponsor of STP/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 Executive Director, General Manager, 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 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 include the PROJECT, if approved, in MTC's TIP.
RESOLUTION NO. 2010 - 58
PASSED AND ADOPTED this 1st day of November 2010 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
~-
be Pinheiro, Mayor
RESOLUTION NO. 2010 - 58
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-58 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 November, 2010, 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 2nd day of November, 2010.
awna Freels,
City Clerk of the City of Gilroy
(Seal)