HomeMy WebLinkAbout090-04RESOLUTION NO. 90-2004
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR
QUALITY IMPROVEMENT PROGRAM FUNDING
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 (STP) (23 U.S.C. § 133) and the Congestion
Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149); and
WHEREAS, pursuant to TEA 21, 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 Danville is an eligible project sponsor for Surface Transportation
Program or Congestion Mitigation and Air Quality Improvement Program funds; and
WHEREAS, the Town of Danville wishes to submit a grant application to MTC for funds
from the Surface Transportation Program or Congestion Mitigation and Air Quality
Improvement Program in fiscal year 2005-06 and 2006-07 for the following project:
DIABLO ROAD STREET REPAIR EAST
WHEREAS, MTC requires, as part of the application, a resolution stating the following:
1)
2)
3)
4)
the commitment of necessary local matching funds of at least 11.47%; and
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
the assurance of the sponsor to complete the project as described in the application,
and if approved, as programmed in MTC's TIP; and
that the sponsor understands that funds must be obligated by September 30 of the
year that the project is programmed for in the TIP, or the project may be removed
from the program; now, therefore be it
RESOLVED, that the Town of Danville is an eligible sponsor of projects in the STP,
CMAQ, and TEA Second Cycle Program; and, be it further
RESOLVED, that the Town of Danville is authorized to submit an application for STP,
CMAQ, and TEA Second Cycle Program funds for Diablo Road Street Repair East; and, be
it further
RESOLVED, that there is no legal impediment to the Town of Danville making
applications for STP, CMAQ and TEA Second Cycle 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 Danville to deliver such
project; and, be it further
RESOLVED, by the Danville Town Council that the Town Manager is authorized to
execute and file an application for funding under the Surface Transportation Program or
the Congestion Mitigation and Air Quality Improvement Program of TEA 21 in the amount
of $532,784 for Diablo Road Street Repair East; and, be it further
RESOLVED, that the Danville Town Council by adopting this resolution does hereby state
that:
1)
2)
3)
4)
the Town of Danville will provide $69,029 in local matching funds; and
the Town of Danville understands that the Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding for the
project is fixed at $532,784, and that any cost increases must be funded by the Town
of Danville from local matching funds, and that the Town of Danville does not
expect any cost increases to be funded with Surface Transportation Program or
Congestion Mitigation and Air Quality Improvement Program funds; and
Diablo Road Street Repair East 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
the program funds are expected to be obligated by September 30 of the year the
project is programmed for in the TIP, 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.
PAGE 2 OF RESOLUTION NO. 90-2004
APPROVED by the Danville Town Council at a regular meeting on August 3, 2004, by the
following vote:
AYES: Arnerich, Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Andersen,
Shimansky, Stepper
MAY(~ .... t -
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST: C}
CITY CLERK
PAGE 3 OF RESOLUTION NO. 90-2004