RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR PAVEMENT REHABILITATION OF SUNNYVALE’S MAJOR STREETS AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECTS AND STATING THE ASSURANCE OF THE CITY OF SUNNYVALE TO COMPLETE THE PROJECTS

WHEREAS, the Transportation Equity Act for the 21^st 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; and

          WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the San Francisco Bay region; and

          WHEREAS, the City of Sunnyvale is an eligible project sponsor for Surface Transportation Programs and wishes to submit an application to MTC for funds from the Surface Transportation Program in fiscal years 2005-06 and 2006-07 for the following projects:  pavement rehabilitation of Sunnyvale’s major streets – asphalt concrete overlay of segments of Mary Avenue, Fair Oaks Avenue, Kifer Road, and Hollenbeck Road; and

          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%; (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; (3) the assurance of the sponsor to complete the project as described in the application and, if approved, as programmed in MTC’s TIP; (4) that the sponsor understands that the 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT the City of Sunnyvale is authorized to execute and file an application for funding under the Surface Transportation Program of TEA-21 Reauthorization in the amount of $1,185,184 for pavement rehabilitation of Sunnyvale’s major streets; and

BE IT FURTHER RESOLVED THAT the City Council, by adopting this resolution does hereby state that:

1.     The City of Sunnyvale will provide $154,007 in non-federal matching funds; and

2.     The City of Sunnyvale understands that the Surface Transportation Program funding for the project is fixed at $1,185,184, and that any cost increases must be funded by the City of Sunnyvale from local matching funds, and that the City of Sunnyvale does not expect any cost increases to be funded with Surface Transportation Program funds; and

3.     Pavement rehabilitation of  Sunnyvale’s major streets 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 the City of Sunnyvale is an eligible sponsor of projects in the Surface Transportation Program and is authorized to submit an application for Surface Transportation Program funds for pavement rehabilitation of Sunnyvale’s major streets; that there is no legal impediment to the City of Sunnyvale making application for Federal STP Road Rehabilitation Program funds; and 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 Sunnyvale to deliver such projects.

          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 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.

Adopted by the City Council at a regular meeting held on August 10, 2004, by the following vote: