CC Resolution No. 04-361
RESOLUTION NO. 04-361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM FUNDING FOR WOLFE, STELLING, MCCLELLAN,
AND STEVENS CANYON ROADS PAVEMENT REHABILITATION PROJECT AND
COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) AND
STATING THE ASSURANCE OF CITY OF CUPERTINO 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 U,S,c. § 133); and
WHEREAS, the TEA-2l legislation will guide Surface Transportation Program until the
TEA-2l Reauthorization bill is authorized; and
WHEREAS, pursuant to TEA-2I, 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 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 Cupertino is an eligible project sponsor for Surface
Transportation Program; and
WHEREAS, the City of Cupertino 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:
Wolfe, Stelling, McClellan, and Stevens Canyon Roads Pavem<;)nt R<;)habilitation Proj<;)ct
WHEREAS, MTC requires, as part of the application, a resolution stating the following:
I) the commitment of local matching funds of at least 1 I.4 7%; 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
Resolution No, 04-361
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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 Cupertino
that the City of Cupertino is authorized to execute and file an application for funding under the
Surface Transportation Program of TEA-21 Reauthorization in the amount of $330,926.00 for
the Wolfe, Stelling, McClellan, and Stevens Canyon Roads Pavement Rehabilitation Project; and
BE IT FUTHER RESOLVED that the City Council of the City of Cupertino by adopting
this resolution does hereby state that:
I) City of Cupertino will provide $42,875.00 in non-federal matching funds; and
2) City of Cupertino understands that the Surface Transportation Program funding for
the project is fixed at (STP dollar amount), and that any cost increases must be funded
by the City of Cupertino from local matching funds, and that City of Cupertino does
not expect any cost increases to be funded with the Surface Transportation Program
funds; and
3) The Wolfe, Stelling, McClellan, and Stevens Canyon Roads Pavement Rehabilitation
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 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 City of Cupertino is an eligible sponsor of projects
in the Surface Transportation Program; and
BE IT FURTHER RESOLVED that City of Cupertino is authorized to submit an
application for Surface Transportation Program funds for the Wolfe, Stelling, McClellan, and
Stevens Canyon Roads Pavement Rehabilitation Project;
BE IT FURTHER RESOLVED that there is no legal impediment to City of Cupertino
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 City of Cupertino 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.
Resolution No, 04-361
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of July, 2004, by the following vote:
Vote
Members Qfthe Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
APPROVED:
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