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HomeMy WebLinkAboutCC RESO 9116RESOLUTION NO. 9116 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT 'WITH STATE DIVISION OF HIGHWAYS BE IT RESOLVED by the City Council of the City of National City that the City Manager be authorized to execute that certain Cooperative Agreement between the City of Nation- al City and the State Division of Highways, a copy of which is attached. PASSED AND ADOPTED this 19th day of April, 1966. ATTEST: c1l COOPERATIVE AGREEMENT THIS AGREEMENT between the CITY OF NATIONAL CITY hereinafter referred to as "City," and the State of California, Department of Public Works, 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 an.oun.ts 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 counties and cities or by persons, as defined in the Streets and Highways Code, shall 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 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 apper ;ioned to it under Streets and Highways Code Section 186.1 in financing eligible work performed by it on State Highways within :_ts 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 Ztate 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 (a) the improvement qualifies as construction or right of way within the meaning of Streets and Highways Code Sections 186.3 and 186.4 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 abenefit 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 judge 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, andestimate of cost are satisfactory, and whether and to what extent the improvement will constitute a benefit to traffic on the State highway. 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated. CITY OF NATIONAL CITY By Date: , 1966 Title Date: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS By , 1966 Title District Engineer ATTACH CERTIFIED COPY OF CITY COUNCIL RESOLUTION OR MINUTE ORDER AUTHORIZING EXECUTION.