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HomeMy WebLinkAbout5469 ORDINANCE NO.5 4 6 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCES 5420 AND 4786 BY APPROVING ADDITIONAL WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD GRANT FUNDS TO PREPARE AND IMPLEMENT THE SR 18/C STREET SW RAMP MODIFICATIONS/3RD STREET SW GRADE SEPARATION PROJECT, PR 529. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, Ordinance No. 5420 and 4786, passed July 17, 2000 and September 5, 1995, respectively, approved expenditure and appropriation of $2,212,800 in State Transportation Improvement Board Grant Funds and authorized the Mayor and City Clerk to execute an Urban Design Prospectus Agreement between the City and the Washington State Transportation Improvement Board; and WHEREAS, the Washington State Transportation Improvement Board has authorized additional Grant Funds in the amount of $527,095 for Construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: Auburn City Ordinance No. 5420 and 4786. passed July 17,2000 and September 5, 1995, respectively are hereby ---------------------------- Ordinance No. 5 4 6 9 October 26, 2000 Page 1 amended to reflect acceptance of a total of $2,739,895 in Washington State Transportation Improvement Board funds, and hereby authorizes the Mayor and City Clerk to approve and execute any future supplemental agreements thereto required for completion of phases of the project including but not limited to design, right-of-way, and construction and limited to the total amount of $2,739,895. Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that anyone or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. ---------------------------- Ordinance No.5 4 6 9 October 26, 2000 Page 2 ATTEST: A GlLiL~l(I!Ulh, Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~1S:.~ Michael J. Reynolds, City Attorney PUBLISHED: II/;¡t.// ðD ---------------------------- Ordinance No.5 4 6 9 October 26. 2000 Page 3 INTRODUCED: November 20, 2000 PASSED: November 20, 2000 APPROVED: November 20, 2000 ~áA. [IJ, (áoo-IQ CHARLES A. BOOTH MAYOR .-\.......,./ DEC 1 2 2000 Transportation Improvement Account (TIA) I~, !.i1J Project Agreement for ConstrYGtieR PfepDsaI Lead Agency City of Auburn Project Number Authority Number 9-P-105(002)-1 9335039P Project Title & Description SR 18 Westbound On-Ramp CSt Intersection . -. - Total Amount Authorized Authorization to Proceed Effective From $527,095 June 19, 2000 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD AGENCY ~~ (.), i8ó~tC TRANSPORTATION IMPROVEMENT BOARD Signature of Mayor/Chairman IzL7/(JO Dat~ ~/ E . . -, ¡j~ /, ..' I'; (,' / 'c ~, <-' / ¡bate ~~ ~,/ TIB Form 190-057 Revised 01/97