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HomeMy WebLinkAboutReso 1961-2583Resolution No. 2583 ..\. ~ -~------- RESOL~rION NO. 2583 . - RESOLUTION OF T~E CITY COUNCIL OF 8""'" .lnL CITY OF GIY.!L!'. VISTA APPROVING MASTER AGREE~ffiNT FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES vrnEREAS, a proposed agreement with the State, Department of Public Works, Division of Highways, for the budgeting and expenditure of funds allocated 'from the State highway fund to cities has been presented. to the city council for con- sideration; and WHEREAS, the city council has heard read sa1d agreement" . and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Ch..l~ Vista ,that said agreement be and the same is hereby approved and the mayor and the city' clerk are directed to 'sigh the same on behalf of said,City, said agreement to be binding upon the City upon its execution"by the authorized officials of the State. ADOPTED this .. 2,"~ CCh . ,lQ61. ,.-Jr"~ t/f llL:-r- , _ ltJ",,-<. /,' {:{r;tk",tA. y' 0 the Cft of Chulll Vlsta Attest: ~~ ..dda.;/~# Ci.ty' k,of the Cit of Cl:ula '!ista' I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of Ch'ila Vista at a regular meeting thereof held March 21, ", 19 61. :-;I~,.- ~M~ ' Cler f the City 0 eh;;],!! Vista ~ " , RESOLlffrON NO. 2583 RESOLUTION OF THE CITY COUNCIL OP ..,.~- ,-.... l"r...c.. CITY OF CEUU. VISTA APPROVING MASTERAGREE~iliNT FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES HHEREAS, 11 proposed agreement with >the State Department of Public Works, Division >of Highways, for the budgeting and expenditure of funds allocated from the State highway fund to cities has been presented to the city council for con- sideration; and WHEREAS, the city council has heard read sa>id agreement> and is familiar with the contents thereof; ,THEREFORE, be it resolved by the city council of the City of Ch'....J.a Vista that said agreement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said,City, said agreement to behinding upon, the City upon its execution by > the authorized officials of the State. ADOPTED this 21~ ~'b . ;;9 '~~ ~=;1d; ?1, 2JJ' f~h~~~~sta 61. Attest: Ci~;k~; ~~~;1~ Vista I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City ofChUla Vista, at a regular >meeting thereof held > March 21, , 1961 7 ~4:J..~,~dtd Clerk f" the Ci y of tmla Vis ta MASTER AGREEMENT FOR THE BUDGETING AND EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND ~O CITIES This agreement entered into by and between the City of Chula Vista , hereinafter referred to as the,city, and the State Department of Public Works, Division of, Highways, hereinafter referred to as the department,' WITNESSETH WHEREAS, Sections 194 and 2107of,the Streets and Highways Code provide for allocation and expenditure within cities of ,amounts transferre'd to' the State Highway, ,Fund from the Highway Users Tax Fund; and , ' WHEREAS, Section 195'of the Streets and Highways Code provides that at least three-fifths of the money allocated under the 'provisions of Section 194 ,shall be expended for" the, construction of streets included in the system of' .' major city streets within each city, and the balance for maintenance; and WHEREAS, in accordance with the requirements of' Section 196of,the Streets and,HighwaysCode, the city has set up by .', ,Ordinance No. 248 ,',,' " , a Special Gas Tax Street Improvement Fund in which shall be ,deposited all amounts allocated pursuant to' Section 194 and . received by the city; and ' " NOW, THEREFORE, in consideratfon of the:premise's and of the several promises to be faithfully performed by each as, hereinafter sect forth, the city and the department do hereby mutually agree as follows: - 1 - - ...". , (l() 0/- OJ~' ARTICLE I. ' BUDGET PROVISIONS A budget showing the 'estimated expenditure of funds, ,to be allocated to the city by the State, shall be submitted annually by the city for approval by the department as pro~ vided for under 'Section 197 Of this Code. ' ' , ' ' , , , , , , A budget approval by the' department shall 'consist of' an acknowledgment' of the submittal of a budget by the city, a' , 'statement of the funds available for budgeted expenditures" '.. a statement of estimated expenditures by,projects, and the'. signature of the officer approving ,the budget ~or the department. ' The amount budgeted for a project may be revised, or other projects added, by submission by the city,of a supple- mental budget for approval by the' department. , The' annual revenue and the amounts provided for the projects listed in an approved budget are estimated amounts. 'In the event'thatthe actual revenue or the actual cost of the projects differ from ,estimated amounts, the approved budget ,may be 'amended only by a supplemental budget. When a budget proposes expenditure of other funds for a project in conjunction with the expenditure of state allocate,d funds, the project statement shall show the amountsandhames of the cooperative funds including city fUhds~ if ariy. It is agreed that the cooperative agencies, including ~he' city, need' not' approve' or budget, such cooperative funds ,before the 'city 5ubmits.,its',budgetfor approval of the' department. . . ... . . When' a projec~, included inca budget submitted by the city and approved by ,the department, is proposed ~obe jointly ,Tinancedwith State allocated funds, other cooperative funds, ':if any, and with an allocation of State highway' funds bithe California Highway Commission, it is agreed that the obligations of both the city arid the,'department ,under this agreement are contingent,upon the' allocation of the necessary funds for ,the ,project 'by the California H1ghway'Comrtiission and upon' the budgetiilg :of the necessary cooperative funds by the city,or, by the 'other cooperative 'agencies. - . . . , ' , ' , , , , ' In the event the cooperative funds are, not allocated or budgeted, ,the city may submit a supplemental budget to the depaJ;'tment for 'approval for,rebudgeting 'the state allocated funds. ' ' ',Upon apprOval by the departmEmt, the budget as "submitted , by the legislative body of the city shall become ,a part of - 2 -",' :-.'-\' this agreement and all work and expenditures of the allocated funds are to be made in accordance with the terms of the 'approved budgets, and of this agreement and any supplements thereof.' , , , ARTICLE II. 'DELEGATION OF EXPENDITURE Thectepartment hereby delegates to the city the expend- iture of furtds:to defray the, cost of the work described in the approved budget, except for those projects noted in such budget ',to be' accomplished by the department in behalf of the city. ' ARTICLE III. ,MAINTENANCE Unless otherwise, authorized in writing by 'the department, all streets will be maintained by or under the direct super- vision of the city. Maintenance shall be as defined'in Section' 27 of the ,Streets and Highways Code"as modified by Section 195 of the Code. Maintenance work shall be adequate to preserveand'keep the roadway, 'structures, and facilities in the safe and usable condition 'to which they have been ' 'improved or constructed. ' ARTICLE IV. RIGHT OF WAY '. , , Expenditures for rights ,of way, may'include the cost' of " the acquisition of, land and interests'therein for projects '.., included in an approved budget; ,removing, demolishing, mOVing, resettirig; and altering obstructing buildings, structures, utility installations and other improvements; the payment of any and all da!i1ages to property arising by reason of 'the project ; court costs; and all other expense necessary or ,incidental to providing a,_right of way clear and free of ,all obstructions or encumbrances. The, right, of way wIll be acquired by either the city or :the department as noted on the approved budget. / ARTICLE V~ SURVEYS AND PLANS, The necessary surveys and plans for the work as desig- nated on the approved budget will ,be made 'by 'the city or . the department as nO,ted on ,the ,approved budget,. - - ..~. - 3- , " ARTICLE VI. CONSTRUCTION WORK BY CITY " Construction shall be as defined in Section 29 of the Streets and Highways Code, as modified by Section 195" of the Code. The city will construct or cause to be constructed by others, in accordance with approved plans, specifications and estimates to be submitted therefor, the improvements described in"the approved budget. Any significant changes made in the approved plans or specifications will require department approval, either prior to making such changes, or at the time the final report is submitted in those cases where advance approval cannot be obtained without costly delay to the work, or where through inadvertence"advance approva~ has not been obtained. The department's approval, before or after changes are made, will establish the eligibility of such changes for financing with allocated funds. The construction work described in an approved budget shall be performed by contract unless the performance thereof by day labor is approved by the department. The work shall be done to the satisfaction of the depart- ment and is subject at all times to inspection and approval by the authorized representatives of the department. " ARTICLE VII. CONSTRUCTION WORK BY DEPARTMENT Construction shall be as defined in Section 29 of the Streets and Highways Code, as modified by Section 195 of the Code. The department will construct or cause to be constructed the improvements described in an approved budget as work by department in accordance with approved plans, specifications and estimates therefor. Any minor changes in the approved plans and speCifications due to unforeseen contingencies or made desirable by conditions developing during the progress of the work may be made by the department. The work will be performed by contract or by State forces as may be, in the opinion of the department, for the best interests of the city and the department. - 4 - Indirect charges for engineering overhead will be assessed in accordance with Division of Highway~1 standard practices for any work done by State forces. . . ARTICLE VIII. VEHICULAR PARKING It is agreed. that in accordance with the provisions of Section 22502 of the Vehicle Code, the city;.will permit parallel parking only, within the limits of ea~h of.the construction projects described in an approved budget. . It . . is agreed that the provisions of the Vehicle Code permitting angle parking by ordinance are not applicable within the limits of the aforementioned work. It is further agreed that if a currently effective ordinance.permits angle park- ing within the limits of such work, the ordinance.shall be repealed and certified copies of this action shall be transmitted with the final report. ARTICLE IX. FUNDS Funds to defray the cost of the work described in an approved budget will be paid quarterly as revenues for expenditure in cities are received in the State Highway Fund.' Payment of .these"funds to the city wiil be based upon an approved annual budget. .Such payment to the city will be reduced by any amounts remaining unexpended iri the city's Special Gas Tax Street Improvement Fund attributable to completed projects covered by these funds, or for work to be performed by the department, or for contingency projects as shown on the approved budget. The construction cost, including construction engineer- ing, of the traffic signals and safety lighting 'to be installed at an intersection of a major city street with a State highway will be financed jointly by the city and the department in the same ratio as the number of intersecting roads under each jurisdiction bears to the total number of roads entering the intersection. Unless othe~.ise agreed to in writing, the agency designated in the approved budget to prepare the plans, specifications and estL~ate will bear the entire cost of such preparation. All revenue received.from rentals or sales of real property or equipment purchased with gas tax funds, and all interest earned from investments of monies in the city's Special Gas Tax Street Improvement Fund shall be credited to the city's Special Gas Tax Street Improvement Fund. - 5 - The amount provided for the projects listed in an approved budget must not be exceeded, and no monies may be expended by the city from the Special Gas Tax Street Improvement_Fund except for the projects listed in the budget without submission and approval of a supplemental -budget. All funds allocated under the provisions of Section 2107 of the Streets and Highways Code in excess of such funds budgeted for expenditure will accumulate for future budgeting and expenditure. ARTICLE X. FINAL REPORTS ~ithin ninety days after expiration of each fiscal _ year, the city shall submit to the department an annual report of all expenditures from the Special Gas Tax Street Improvement Fund for maintenance. - Within the time specified in Section 201 of the Streets and Highways Code, the city shall submit a final report of expenditures made from the Speciel Gas Tax Street Improvement Fund for acquisition of rights of way or for construction. The department shall, within the time specified, submit a .final report to the city of expenditures made by the depart- ment in behalf of the _City. Annual reports of maintenance expenditures, and final reports of expenditures for -rights of way and construction, shall be made on forms as specified by the department. ARTICLE XI. SUPPLEMENTS TO AGREEMENT_ Supplements to this agreement may be executed to provide for other matters not covered -herein. ARTICLE XII. OTHER STATE HIGHWAY FUNDS ALLOCATED TO CITIES- It is agreed that this master agreement covers the budget- ing and expenditure of other funds for construction that may be transferred to and allocated from the State Highway Fund to cities, prOVided such funds are required-by statutes to be expended in accordance with the provisions-of Sections 194-to 202, inclusive, of the Streets and Highways Code. - - 6 - IN WITNESS WHEREOF, the parties hereunto have affixed their signatures.and official seals, the city on the ?l~t day of A Mar"h ~ ,. ~' and the department on the 3d day of {f; :f-J ,19~.' Approval recommended: CITY OF CHeLA VISTA \, ~~\VN\A- District Engineer . ?-{,~~ Engineer of City and' Cooperative Projects .~.~ . ( ~ () ---r ~fff'/f;;l;; By vt:trA ", .' . ---;/ v .... -....; .--;if;-- .~,- ~~" .~/~ vity Cler), 2~>fuAkuM-5 ~ Attorney, partment of Public Works STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS fDIVI~ON OF HIGHWAYS / , /j . t. ~/ BY' (7~~~- r Assistant St~e Highway EngineeiV .' Approved as to form and procedure: - 7 - ~ID;(U.Jt~ I\:,-l'':> '10,(1->, I II ~'\_. : _ 1M' "u'~"C"'- c:. \I) A-tWR )')