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HomeMy WebLinkAboutCC Resolution 11616 (Fourth St. Rehabilitation)RESOLUTION NO. 11616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR "FOURTH STREET REHABILITATION" AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT AND STATING TIIE ASSURANCE OF THE CITY OF SAN RAFAEL TO COMPLETE THE PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL APPLICATIONS AND AGREEMENTS. WHEREAS, the City of San Rafael (City) under Article Ell of its charter has power to enter into contracts and to provide for the constriction and repair of public streets; and WHEREAS, the Transportation Equity Act for the 21" 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 (STP) (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149); and WHEREAS, the TEA 21 legislation will guide STP, CMAQ, and TE progranuning until a 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 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 is the MPO for the San Francisco Bay region; and ORIGINAL 1 �\0 %1\ b WHEREAS, the City is an eligible project sponsor for Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program finds; and WHEREAS, the City wishes to submit an application to MTC for finds from the Surface Transportation Program Improvement Program in fiscal year 2005-06 and 2006-07 for the following project: following: Fourth Street Rehabilitation WHEREAS, MTC requires, as part of the application, a resolution stating the 1) the commitment of necessary local matching finds of at least 11.47%; and 2) that the sponsor understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program finding 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 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 finds 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 Council of the City of San Rafael that the Public Works Director is authorized to execute and file an application and be the signatory for funding under the Surface Transportation Program of TEA 21 Reauthorization in the amount of $637,000.00 for the Fourth Street Rehabilitation; and 2 BE IT FURTHER RESOLVED that the Council by adopting this Resolution, does hereby state that: 1) the City will provide $82,530.00 (11.47%) in non-federal matching funds; and 2) the City understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the project is fixed at $637,000.00 and that any cost increases must be funded by the City from local matching funds, and that City does not expect any cost increases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3) Fourth Street 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 is an eligible sponsor of projects in the Surface Transportation Program; and BE IT FURTHER RESOLVED that the City is authorized to submit an application for Surface Transportation Program funds for Fourth Street Rehabilitation; and BE IT FURTHER RESOLVED that there is no legal impediment to the City snaking applications for Local Streets and Roads Shortfall Program funds; and 3 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 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 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. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2nd day of August, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phi 11 i ps and Mayor Boro NOES: COUNCILMEMBERS: (done ABSENT: COUNCILMEMBERS: None JEAN04E M. LEONCINI, City Clerk File No.: 01.11.54.03.04 4