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2004/06/08 City Council Resolution (26)Resolution No. 2004- 161 AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR ROHNERT PARK EXPRESSWAY REHABILITATION AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF ROHNERT PARK TO COMPLETE THE PROJECT. WHEREAS, the Transportation Equity Act —A Legacy for Users (TEA -LU), the Transportation Equity Act for the 21St Century (TEA21) (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. Section 133 and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. Section 149); and WHEREAS, pursuant to TEA 21, and the regulations promulgated there under, 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 City of Rohnert Park is an eligible project sponsor for Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and WHEREAS, the City of Rohnert Park 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: Rehabilitation of Rohnert Park Expressway - various segments from westerly city limit near Rancho Verde Circle to easterly city limit near Jasmine Circle. WHEREAS, MTC requires as part of the application a resolution stating the following: 1) The commitment of necessary local matching funds of at least 11.47 %; and 2) That the sponsor understands 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 Reso. No. 2004 -161 (Page 2 of 3) 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 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, by the City Council of Rohnert Park that the City of Rohnert Park 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 -LU in the amount of $850,000 for Rohnert Park Expressway Rehabilitation, and be it further Resolved, that the City of Rohnert Park is an eligible sponsor of projects in the STP and CMAQ and TEA Second Cycle Program, and be it further Resolved, that City of Rohnert Park is authorized to submit an application for STP, CMAQ or TEA Second cycle Program funds for Rohnert Park Expressway Rehabilitation, and be it further Resolved, that there is no legal impediment to the City of Rohnert Park making applications for STP or CMAQ 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 City of Rohnert Park to deliver such project, and be it further RESOLVED that City Council of Rohnert Park by approving this resolution does hereby state that: 1. The City of Rohnert Park will provide at least $110,127 in local matching funds; and 2. The City of Rohnert Park understands that the Surface Transportation Program and Congestion Mitigation and Air Quality improvement Program funding for the project is fixed at $850,000, and that any cost increases must be funded by the City of Rohnert Park from local matching funds, and that the City of Rohnert Park does not expect any cost increases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3. Rohnert Park Expressway Rehabilitation will be built as described in this resolution and in the application provided, and if approved for the amount shown in the MTC Transportation Improvement Program (TIP) with obligation occurring within the timeframe established below; and 4. The program funds will be obligated by September 30 of the year the project is programmed for in the TIP. Reso. No. 2004 -161 (Page 3 of 3) 5. Project is consistent with the Regional Transportation Plan, the Countywide Transportation Plan, the Short Range Transit plan of the relevant transit operators and the Air Quality Management Plan. 6. Total funding effort for the road maintenance function using local funds will not decrease as a result of receipt of these federal funds. 7. Project is well defined and results in a usable segment or service. 8. The City of Rohnert Park has a certified Pavement Management System in effect and operation. 9. The project is on the Metropolitan Transportation System and if not, the project is fully justified for use of limited federal transportation funding. DULY AND REGULARLY ADOPTED this 8t" day of June 2004. CITY OF ROHNERT P Nordin ATTEST: FLORES: AYE MACKENZIE: AYE SPRADLIN: AYE VIDAK MARTINEZ: AYE NORDIN: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)