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2005-074 - Authorizing The Filing Of An Application For Federal Surface Transportation Funding For The Main Street Resurfacing Project And Committing The Necessary Non - Federal Match For The Project(S) And Stating The Assurance Of The Town Of Los Gatos TRESOLUTION 2005 - 74 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDING FOR THE MAIN 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 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 (23 U.S.C. - 133); and WHEREAS, the TEA -21 legislation will guide the 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 planning organization (MPO) for review and consideration 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; 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 for the following project: MAIN 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 may be 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 ($115,710) for the Main 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 ($117,000) in local matching funds; and 2) The Town of Los Gatos understands that the Surface Transportation Program funding for the project is fixed at ($115,710) 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 funds; and 3) The Main Street Resurfacing Project will be built as described in this resolution and a submitted application, 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 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 Main Street Resurfacing Project; 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 FURTHERRESOLVED 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 20 day of June, 2005 by the following vote: COUNCIL MEMBERS: AYES: Steve Glick -man, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Mike Wasserman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA