CC Resolution No. 05-117
RESOLUTION NO. 05-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM FUNDING FOR THE STELLING ROAD,
MCCLELLAN ROAD, AND T ANT AU AVENUE PAVEMENT REHABILITATION
PROJECT AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR
THE PROJECT AND STATING THE ASSURANCE OF THE 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-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 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 for the following project;
Stelling Road, McClellan Road, and Tantau Avenue Pavement Rehabilitation Project
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 progranuned 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 progranuned in MTC's TIP; and
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4) that the sponsor understands that funds must be obligated by June 30 of
the year that the project is progranuned 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
Cupertino that the City of Cupertino is authorized to execute and file an application for
funding under the Surface Transportation Program of TEA-21 Authorization in the
amount of $137,940 for the Stelling Road, McClellan Road, and Tantau Avenue
Pavement Rehabilitation Project; and
BE IT FURTHER RESOLVED that the City of Cupertino by adopting this
resolution does hereby state that:
1) City of Cupertino will provide $17,872.00 in non-federal matching funds;
and
2) City of Cupertino understands that the Surface Transportation Program
funding for the project is fixed at $137,940.00 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 Surface Transportation Program funds; and
3) Stelling Road, McClellan Road, and Tantau Avenue 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 progranuned 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 Stelling Road, McClellan Road, and
Tantau Avenue Pavement Rehabilitation Project; and
BE IT FURTHER RESOLVED that there is no legal impediment to City of Cupertino
making applications for Federal STP Road Rehabilitation Program funds; and
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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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of July, 2005, by the following vote:
Vote Members ofthe Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
City~'¡ ~
ATTEST: