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2004-090-Authorizing The Filing Of An Application For Federal Surface Transportation Funding For The North Los Gatos Street Resurfacing Project And Committing The Necessary Non Federal Match For TheRESOLUTION 2004-90 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS .AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL. SURFACE TRANSPORTATION FUNDING FOR THE NORTH LOS GATOS 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 Transportation Equity Act for the .21St Century (TEA 21) (Public Law 105- 17$, June 9, 1998) and the TEA 21 Restoration Act (Public Law 105-206, July 22, 1998) continue the Surface Transportation Program (23 U.S.C. - 133); and WHEREAS, the TEA-211egislation will guide the Surface Transportation Program until the TEA-21 Reauthorzationhll is authorized; and WIIEREAS,pursuant toTEA 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 planning organization (MPO) for review .and consideration in the MPO's Transportation Improvement Program (TII'); and WHEREAS', the Metropolitan'Transportation Commission is the MPO for the S an Francisco Bay region; and WHEREAS,. the Town of Los Gatos is an .eligible project sponsor for the Surface Transportation Program; and WHEREAS, the Town of Los Gatos 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: NORTH LOS GATOS STREET RESURFACING .PROJECT WHEREAS, MTC requires 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 maybe removed from the program; and 5) that the sponsor has a MTC 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 TEA - 21 Reathorization in the .amount of ($ 138,752) for the North Los Gatos 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 ($ 20,000) in local matching funds; :and 2) theTown of Los Gatos understands Ghat the SurfaceTransportation Program funding. for the project is fixed at ($ 138,752) and that any cost increases must be funded by the Town of Los Gatos from local matching funds, and that theTown of Los Gatos does not expect any cost increases to be funded with Surface Transportation Program funds; and 3) the North Los Gatos Street Resurfacing Project will be built as described in this resolution and a submitted :application, .and if approved .for-the amount shown in the Nletropolitan'TransportatonCommission (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 of prof ects in the Surface Transportation Program; and BE IT FURTHER RESOLVED that the Town of Los Gatos is authorized to submit an application for Surface Transportation Program funds for the North Los Gatos Street Resurfacing; and BE IT FURTHER RESOLVED that there is no legal impediment to the Town of Los Gatos 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 Town of Los Gatos to deliver such project.; and BE IT FURTHERRESOLVED 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 1VITC 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 21st day of June, 2004 by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS; None .ABSENT: None ABSTAIN:. None SIGNED; /~~ ~" ~--~--- - MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~'~~~ -. CLERK OF I'H~E TOWN OF L GATO LOS GATOS, CALIFORNIA