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HomeMy WebLinkAboutReso 1966-4060t Form No. 342 RESOLUTION NO. 4060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the State of California, Department of Public Works, Division of Highways for expenditure of Collier- Unruh funds on state highways dated the j' ~~j day of f~~ !'' ! ~ 19 ~ ~ a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Presented by -r, Lane-Cole, City Engi eer Approved as to form by George D. indberg, Ci y Attorn ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this26thday of April 19.66 by the following vote, to-wit: AYES: COUNCILMEN Anderson, McAllister, McCorquodale, Sparling, Sylvester NAYES: COUNCILMEN None ABSENT: COUNCILMEN None / -~ , Mayor of the City of Chula Vista ATTEST City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of - and that the same has not been amended or repealed. DATED: City Clerk CC 652 ~- ~~ C OOPERA`~'I~TE AGREEMENT THIS AGREEMENT between the CITY OF~Ht}~,A, '~~'=S"~A. hereinafter referred to as "City," and the State of California, Department of Public Y7orks, Division of Highways, hereinafter referred to as "Department," WITNESSETH: WHEREAS, Streets and Highways Code Section 186.3 provides that funds allocated and apportioned pursuant to Section 186.1 shall be expended exclusively for acquisition of rights of way and for construction of routes on the Select System; and WHEREAS, Streets and Highways Code Section 186.5 provides that during each fiscal year for which apportionments are expended pursuant to Section 186.3 of said Code, the recipient of apportioned funds shall expend for construction and rights of way on its Select System an additional amount, which additional amount shall be derived from sources other than Federal highway funds or the State Highway Users Tax Fund or the State Highway Fund, the additional amounts required being referred to as "matching funds;" and WHEREAS, Streets and Highways Code Section 186.7 provides that the value of work performed, the value of right of way, and the funds expended on the Select System of a county or city by public agencies other than ecunties and cities or by persons, as defined in the Streets and Highways Code, sha17. to the extent that the other criteria for matching funds prescribed in Sections 186.5 and 186.8 of said Code are met, be deemed to~be expenditures made by the county or city; and L v' ~~- ~~. ~ ,`~.. uo'AO WHEREAS, Streets and Highways Code Section 186.4 provides that routes in the State highway system may be included in Select Systems for the purpose of providing for contributions to and processing of projects pursuant to cooperative agreements with Department; and WHEREAS, State highways within the jurisdiction of City have been included in its Select System for the above purpose; and WHEREAS, City desires at its option to use funds apportioned to it under Streets and Highways Code Section 186.1 in financing eligible work performed by it on State Highways within its jurisdiction under encroachment permits issued by the Department or performed under other cooperative agreements with the Department; and WHEREAS,. City desires also to receive matching credit for eligible work performed with eligible matching funds on the State highways within its jurisdiction; NOW, THEREFORE, City and the Department agree as follows: 1. Improvements to State highways within the jurisdiction of City, which are under and by virtue of agreements with, or en- croachment permits issued by, Department and executed or issued sub- sequent to the execution of this agreement shall qualify to meet the requirements of Streets and Highways Code Section 186.3 for the ex- penditure of funds apportioned under Section 186.1, or when financed with eligible matching funds shall qualify to meet the matching ob- ligations of City specified in Streets and Highways Code Section 186.5, provided however, that - 2 - ~- yt~~b (a) the improvement qualifies as construction or right of way within the meaning of Streets and Highways Code Sections 186.3 and 186.x+ and conforms to the engineering standards, or approved deviations therefrom, established or approved pursuant to Section 186.8 of said Code; (b) the improvement will constitute a benefit to traffic on the State highway; and (c) City reports the expenditure to Department, and when necessary, furnishes satisfactory plans, specifications, and estimate of cost of the improvement, on or before the first day of October following the end of the fiscal year during which City funds were expended or during which the final cost of an improve- ment financed by others was available to City. 2. Where a project will constitute a benefit to traffic on a State highway only in part, only that part of such project will be considered to qualify as above. . 3. Department shall be the sole fudge of whether the im- provement conforms to the standards or deviations therefrom established or approved pursuant to Section 186.8, when plans, specifications, and an estimate of cost are necessary,. whether said plans, specifications, and estimate of cost are satisfactory, and whether and to what extent the improvement will constitute a benefit to traffic on the State highway. -3- a2- u r,G,r, IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated. CITY OF ~H1~~. VIS~'A B ~° Date : .-!pri 1 26 , , 1966 Titl e r•iayor. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF AYS Bf Date: APR 29 1966 Title D~ trict Engineer ATTACH CERTIFIED COPY OF CITY COUNCIL RESOLUTION OR MINUTE ORDER AUTHORIZING EXECUTION. ~-46~