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HomeMy WebLinkAboutReso 1960-2485 k RESOLUTION NO.2485 RESOLUTION OF THE CITY COUNCIL OF THE , CITY OF CHULA VISTA ADOPTING BUDGET AND APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF ' GAS TAX ALLOCATION FOR MAJOR CITY STREETS. • WHEREAS, a memorandum, of agreement has been presented to be entered into with the State of California in accordance with a project statement submitted by the City of Chula Vista for expenditure of the gas tax allocation to cities for the fiscal year 1960.61 , and . . ' WHEREAS, the 'city council has heard read said agreement in full and is familiar with the contents thereof; THEREFORE,; be it resolved by the city council of the City of Chula Vista r that said project statement be and it is herby adopted as the budget of proposed expenditures of the gas,tax allocation to cities, and 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 be binding upon the City upon its execution by the authorized officials of the State. ADOPTED this 12th day of July , 1960 .• 4IP Pro tem ' : or o e �— y o • Chula Vista. Attest: fir- ► 11' City 1- of the City of Chula 'V ,s I hereby certify that the foregoing res `� tio4i w s tly 1�d regularly passed by the city council of the ly,,4f' cu at a regular meeting thereof held July 12, (4194C ``. L , E 'dr Alt er e y o la Vista RESOLUTION NO. 2485 ~� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MLA VGA ADOPTING BUDGET AND APPROVING MEMORANDUM OF 'AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. WHEREAS, a memorandum of agreement has been presented to be • entered into with the State of California in accordance with a project statement submitted by the City of Chitla WSW for expenditure of the gas tax allocation to cities for the fiscal year 1411 and WHEREAS, the city council has heard read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Chula Vista that said project statement be and it is hereby adopted as the budget of proposed expenditures of the gas tax allocation to cities, and 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 be binding upon the City upon its execution by the authorized officials of the State. ADOPTED this 12th day of July , 19 60 . Pro tem m: Or d0; rie y O ebuia vista Attest: ' . / - - � rya y 0 e y 0 y' 0aula Vista I hereby certify that the foregoing resolutio��� via '°dul z a' d). regularly passed by the city council of the City off-' .. a, at a regular meeting thereof held July 12, ,; 19 ;.. C er of the ty of area V to PROJECT AGREEMENTca„ 1FISCAL YEAR MEMORANDUM OF AGREEMENT entered- into by and between . the City of- u$ `is , hereinafter referred to as the city, and the Department of Public ' . Works of the State of California, hereinafter referred - - . ' to as the department,. + - = WITNESSETH, THAT, WHEREAS,' in accordance 'with the ° provisions of Section 194 and Section 2107 of the Streets and Highways Code, a sum equal to five-eighths of one cent ' " per gallon tax under the Motor Vehicle Fuel License Tax Law shall be transferred to the State Highway Fundror' , expenditure in cities in the proportion that the total . population of each city bears to the total population of , all cities in this State; and , WHEREAS, Section 195 of the Streets and .Highways Code provides `that two-fifths of the money allocated under the provisions, of Section 194 shall 'be expended for the - . .. maintenance of the 'system of major city streets ..and of the ' secondary city streets within such city;. provided that, with the approval of the department, 'a portion of such money so allocated for maintenance may be expended,for , construction of streets included within the „system of major . city streets within such ,city; and ' WHEREAS, in accordance with the requirements of Section 196 of 'the Streets and Highways Code, the city has ' set up by Ordinance No. a Special Gas Tax , Street Improvement Fund in rhich shall be deposited all + amounts allocated pursuant to Section 194 and received by- . the city; . - ' NOW, THEREFORE, in consideration of the ,premises and ' - of the several promises to be faithfully performed by: each as hereinafter set forth, the city and .the department do ' hereby mutually agree as follows: .. . , . C -1- ' 64 f • • ler STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS o�I111 DIVISION OF HIGHWAYS DISTRICT XI 4075 TAYLOR STREET SAW DIEGO.CALIFORNIA July 28, 1960 MAIL ADDRESS PLEASE REFER P.O.Box 390 XI-SD-ChV FILE No. SAN DIEGO 12.CALIF. XI--SD-ChV Major .City St. Funds F. S. Fulwiler, Administrative Officer City of Chula Vista City Hall Chula Vista, California Dear Mr. Fulwiler: • Enclosed herewith is a fully executed counterpart of - " - - Memorandum of Agreement for expendi- ture'of gas tax- funds "in' the City of Chula Vista • for the 1961 fiscal year, ' The-City, by'approval of this agreement and execution of same; does" not receive authority to proceed with any Day-Labor project or contract 'work on this program without first having-submitted- plans , specifications and cost estimates Lot each 'specific improvement under the project or projects listed herein. ,Section 199 "of the Streets and Highways Code makes it' mandatory .that--such data be submitted and be approved by this "Depattment 'before the-City can either advertise for bids or begin work on a Day Labor project. " This re quiremeht is Covered in the Memorandum of Agreement under the caption "Construction". As -in' the` past, I will be pleased to review the necessary data- which must "be submitted by the City in order to provide the information for securing approval above mentioned. • An unexecuted copy of the agreement is also enclosed for the City Engineer. --Very -truly yours, Jo"DEKEMA . .- __ District En ineer e Encle BY R_, J -DATEL " ' " City and County Projects Engineer . PROJECT •AGREEMENT; -x,964-61FISCAL YEAR . MEMORANDUM OF AGREEMENT entered into by and between* the City of Chula Vista . , hereinafter , •• ' referred to as the city, and the Department of Public , y . . • Works of the State of California, hereinafter referred to as the department, - • . . WITNESSETH, THAT, WHEREAS, in accordance with the provisions of Section'194 and Section 2107 of the Streets . and Highways -Code, a sum equal to five-eighths of one cent per gallon tax under the Motor Vehicle 'Fuel License Tax ' Law shall be transferred to the State Highway Fund for expenditure in cities in the proportion that the total . population of each city bears to the- total population of , . all cities in this State; and ` . . WHEREAS,' Section 195' of the` Streets and Highways Code - provides that two-fifths of the' mbny allocated under the ' provisions of Section 194 shall °;be' expended for the , . maintenance of the system of m .jor:city,'streets and of the ' . secondary city streets within such city; ,provided that, , With the approval of the department, 'a 'portion of such . , money so allocated for maintenance may be expended for ' construction of streets included within the system of major . , -city streets within such city; and , WHEREAS, in accordance with the^ requirements 'of Section ` 196 of the Streets and •iighwaysk Code,, the city has set up ° • . by Ordinance No. :248 , . • _ ° ' a Special Gas Tax r Street Improvement Fund in which shall be deposited all . amounts allocated pursuant to Section 194 and ..received by • . the city; , . , , NOW, THEREFORE, in consideration of •tthe premises and . of the several promises to be faithfully. performed by each ' as hereinafter set forth, the city and the department do ' hereby mutually agree as follows: ' . ' s -1... . . I.' o . • • co © O 00 © c0. . ► • • • en 44, M 0 0 00 .0 en a O 00 0 M Ems- M e�C) zf • . © .4 OA 4 4 0 2-..t-.3 .. ig s -- . 14,i sri g 119 . ICI °. 0 >' tQ r :n 0 �§11) • a l to W4'aa ' ' cr..t4 . s pt3,. :9) 0 a(4 E a R lira . .*p 0 . - 0us 0 lI) g .0 .4 2 1 Kt 0 tt- 0} 0 Ft +' 4, 01 • m 2 43. - 4 43 4? N G1 2; o Lei M I . 4 111 43 ort 43 as 43 nzt o ' A 42 A Ved Z 4 .v a :a to ca 0 +1 za . as 0 0 Ft .te .p �+ a �''i -n 47 y43 0 X00 � 14: t0 rt g '.E . a �' m 0<4 a pQp 0 a, €1 � � oIS . og2 0 O cs .i� 0 _re t) C� 0 t4 rf 0 .. f°X m ANA°. t t) g ARTICLE II. MAINTENANCE The streets will be maintained by or under the direct supervision of the city. Maintenance shall be as defined in Section 27 of the Streets and Highways Code which is not in conflict with Section 195 of the Code. Maintenance work shall be adequate to preserve and keep the roadway, structures and facilities in the safe and usable condition to which they have been improved or constructed, and provision shall be made for constantly making needed repairs to preserve a smooth surface. Any city-owned equipment used for the maintenance work may be charged for upon a= rental basis to cover depreciation and repairs in case rental rates already have been established by, the city; otherwise, allowance for depreciation and repairs may be charged for as approved by the department. ARTICLE. III. RIGHT ' OF WAY { The city .will secure the right of way designated in project 42,4 The cost provided for herein includes the cost of the acquisition of land and interests therein; removing, demolishing, moving, resetting and altering obstructing buildings, structures and other improvements; the payment of any and all damages 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. • . e a {r • • r r *a • • • r • a ?t a ARTICLE X, SURVEYS AND PLANS The city will make the necessary surveys and plans for the work designated in Article I. • ARTICLE V, CONSTRUCTION • The city will construct or cause to be constructed by or under its direct supervision, and in accordance with the approved plans, specifications and estimates therefor, the improvements described in Article al. Plans, specifications and' a detailed estimate of cost shall be submitted to the department for approval before . the work is advertised for bids or in case of work approved to be done by day labor before work is started; and no changes may be made in the approved plans or specifications without the prior -approval of the department. , . The construction work described in Article I shall be performed by 'contract -unless the performance thereof by day labor shall be approved by the department. The 'work shall be done to the satisfaction of the depart- ment and shall be subject at all times to inspection and approval by the authorized representatives' of the department. Any city-owned equipment used for the construction work described in Article I may be charged for upon a rental basis to cover depreciation and repairs in case rental rates already have been established by the city; otherwise, allow- ance for depreciation and repairs may be charged for as approved by the department. ARTICLE Irr e PARKING RESTRICTIONS The city will permit parallel parking only within the limits of the construction work described in Article, I. • • The provisions of the Vehicle Code permitting angle parking by ordinance are not applicable within the limits of this work. If an ordinance exists permitting angle parking • ��` within the limits of this work this ordinance shall be repealed and certified copies of this action shall be trans- mitted with the final report. ARTICLE VII. FUNDS Funds to defray the cost of the work described in Article I and payable from revenue accruing under the provisions of Section 2107 of the Streets and Highways Code are available as follows: Reduce project 32 (Right of way)(City) 10,000.00 Unexpended under project 33 City) $ 10,302,63 Unexpended under project 34 City) 7,456.12 Unexpended kinder project 38 State) - 1,664.23 Cancel project 39 (City) 2,864,-00 Acorued'and unbudgeted to June 30, 1960 6,446,82 Estimated to aebrue during .the fiscal year ending .June 30, 2961 127,,70.00 Total $166,303.80 The amount of $ 166,303.8o is budgeted to defray the cost of the "work described in Article I , . The annual revenue and the amount provided for the project listed in Article I are estimated amounts. In " the event- that the actual revenue or the actual cost of the project s differs_ from estimated amounts, the approved budget may, be amended only by supplemental agreement. The department hereby delegates to the city the expend iture of the funds provided herein to defray the cost of the work described in •Art ,ole X, excepting project 43. Quarterly, AS funds become available, the department will pay to the city $134,681,05 from funds allocated under Section 2107 of the Streets and Highways Code, plus amount approved for expenditure=,front contingency project 434 In addition, there is a sum of $30,622.75. available in the city's Special Uas max street Improvement Street Improvement litind. From these funds the projects budgeted herein and delegated to the city will be financed. The amount of $5,000.00 provided for contingencies under ,. ' project 43 is applicable to defray the cost of additional projects of an emergency nature -or unforeseen contingencies which may arise on budgeted projects, and the written consent of the department must be secured before any amount may be expended therefrom. T 5 All revenue received from rentals or sales of real property purchased with gas tax funds for right of way purposes, and all interest earned on gas tax funds in possession of `the city shall be credited to the Special Gas Tax Street Improvement Fund. • The amount provided for the projects listed in Article I must not be exceeded, and no moneys may be expended by the city from the Special Gas Tax Street Improvement Fund except for the projects listed in Article I without amending the budget by supplemental agreement. Such supplemental agreement shall be valid only when executed by the city and- the department. All -funds allocated under the provisions of Section 2107 of the Streets and Highways Code in excess of such funds budgeted herein for expenditure will accumulate for future budgeting and expenditure. • ARTICLE Vim, FINAL REPORTS The city will submit such reports as required by law in such detail as required by the department. The reports shall show in full all expenditures from all other, funds as well as expenditures from the Special Gas Tax Street ' Improvement Fund. Within ninety days after the close of the fiscal year ending June 30, 19 61 , the city shall submit on forms furnished by -the department a statement of expenditures made from the Special Gas Tax Street Improvement Fund during the preceding, year for the maintenance of the' streets described in Article I. Within sixty days after completion of,any item of the budget for Surveys and plans, `acquisitiorvof right of way or construction, the city will submit to the department a final repor`t of expenditures made for,, such work. The reports shall be in the following form: , RIGHT OF WAY: Expenditures shall be segregated by parcels and payment for each parcel analyzed as follows: Value of land taken. Severance damages less benefits. Moving improvements. Damages by change of grade, etc. If excess land is acquired, the proposed disposition thereof shall be shown. Where removing, , re`storing or altering improvements is not included in the payment for the land, the expendi- tures for suchtems 'shall be reported for each parcel or ownership. `. i The report shall also show' expenditures for salary of right of way agent and miscellaneous expenditures such as title reports, automobile operation, etc. PRELIMINARY ENGINEERING: 'The report shall show the ' work accomplished and the cost thereof. CONSTRUCTION: The ,report shall show payments to the contractor detailed by contract items. showing quantity, unit, .item; unit price and amount; and the amount paid for any materials, supplies, labor- or equipment furnished by the city for use on the contract. Expenditures for work' performed by 'day labor shall be detailed 'to show' the quantity for each item of wofik, the unit cost and amount. • • • • • • _ • ARTICLE . Ix, ' MISCELLANEOUS PROVISIONS No State officer or .employee shall be liable for any- thing done or omitted to€be , done by the city in the performance of any work delegated to the city under this agreement. The city shall, in the event any claim is made against any State officer or employee by reason of such work, indemnify and hold harmless such officer or employee from any damage or liability by reason of any such claim. IN WITNESS WHEREOF, the parties hereunto have affixed their signatures and official seas, the city on the 12th day of July , 190 , and the department on the - - day of , 19 60. Approval recommended: CITY OF CHUTA VISTA • i 7 BY .C� s r c neer 'R Cdr Pro Tem 1� u K ng neer, o y an. City e c *:11 { Cooperative Projects . , 61 STATE OF CALIFORNI Approved as to form ' DEPARTMENT OF PUBLIC\WO &;ws ' and procedure: DIVISION OF HIGHWA'S_i q Of . �=• •y, '-par m:10" o Assis t State Highway 'ublic Work E :ineer EGB + ai " 8