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CC Resolution 10377 RESOLUTION NO. 10377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR BASCOM A VENUE IMPROVEMENTS AND COMMITTING THE NECESSARY NON- FEDERAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF CAMPBELL TO COMPLETE THE PROJECT WHEREAS, the Transportation Equity Act for the 21st 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 US.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 plaìming 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 Campbell is an eligible project sponsor for Surface Transportation Program; and WHEREAS, the City of Campbell wishes to submit an application to MTC for funds from the Surface Transportation Program in fiscal year 2005-06 and 2006-07 for the following project: Rehabilitation of A.c. pavement, including removal and replacement of failed A.c. sections, 2" A.c. overlay with pavement fabric, and replacement of pavement markings on the southbound lanes of South Bascom A venue from 302 feet south of Shelley A venue to 50 feet south of White Oaks Road at the City limits. 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 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 City Council of the City of Campbell that the City of Campbell is authorized to execute and file an application for funding under the Surface Transportation Program of TEA -21 Reauthorization in the amount of $303,000 for Bascom A venue Improvements; and BE IT FURTHER RESOLVED that (governing board) by adopting this resolution does hereby state that: 1) The City of Campbell will provide $154,000 in non-federal matching funds; and 2) The City of Campbell understands that the Surface Transportation Program funding for the project is fixed at $303,000, and that any cost increases must be funded by the the City of Campbell from local matching funds, and that the City of Campbell does not expect any cost increases to be funded with Surface Transportation Program funds; and 3) The Bascom Avenie Improvements 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 Campbell is an eligible sponsor of projects in the Surface Transportation Program; and BE IT FURTHER RESOLVED that the City of Campbell is authorized to submit an application for Surface Transportation Program funds for Bascom A venue Improvements; and BE IT FURTHER RESOLVED that there is no legal impediment to the City of Campbell making applications for Federal STP Road Rehabilitation 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 Campbell 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. PASSED AND ADOPTED this 3rd day of August, 2004, by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ¿ -~Q ~~~ Donald R. Burr, Mayor A~~) / .L^-- A ne Bybee, City Clerk