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2006-014-Authorizing The Filing Of An Application For Federal Surface Transportation Funding For The Hillside Street Resurfacing ProjectRESOLUTION 2006 - 014 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDING FOR THE HILLSIDE STREET RESURFACING PROJECT AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF THE TOWN OF LOS GATOS TO COMPLETE THE PROJECT WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation EquityAct: 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, the SAFETEA legislation will guide the 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 is the MPO for the San Francisco Bay region; and WHEREAS, the Town of Los Gatos is an eligible project sponsor for the Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and WHEREAS, the Town of Los Gatos wishes to submit an application to MTC for funds from the Surface Transportation Program in fiscal year 2007-08 for the following project: COLLEGE AVENUE/KENNEDY ROAD/PROSPECT ROAD/RESERVOIR ROAD RESURFACING PROJECT 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 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 IN RESOLVED by the Town Council that the Town of Los Gatos is authorized to execute and file an application for funding under the Surface Transportation Program of SAFETEA in the amount of ($272,170) for the Hillside Street Resurfacing Project; and BE IT FURTHER RESOLVED that the Town Council by adopting this resolution hereby states that: 1) The Town of Los Gatos will provide ($40,000) in local matching funds; and 2) The Town of Los Gatos understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the project is fixed at ($272,170) and that any cost increases must be funded by the Town of Los Gatos from local matching funds, and that the Town of Los Gatos does not expect any cost increases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; .and 3) The Hillside Street Resurfacing Project 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 time frame established below; and 4) The program funds are expected to be obligated by June 30 of the year the project is programmed for the TIP. BE IT FURTHER RESOLVED that the Town of Los Gatos is an eligible sponsor ofproj ects in the State Surface Transportation Improvement Program; and BE IT FURTHER RESOLVED that the Town of Los Gatos is authorized to submit an application for State Surface Transportation Improvement Program funds for the .Hillside Street Resurfacing Project; and BE IT FURTHER RESOLVED that there is no legal impediment to the Town of Los Gatos making applications for Local Streets and Roads Shortfall Program funds and the Regional Improvement 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 Town of Los Gatos 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 at a regular meeting of the Town Council of the Town of Los Gatos held on the day of 21St day of February, 2006 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /qM~i i1~a1Ur,~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /~ CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA