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HomeMy WebLinkAbout5567ORDINANCE NO. 5 5 6 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING TRANSPORTATION IMPROVEMENT BOARD GRANT FUNDS AS PROVIDED IN THE DESIGN PHASE PROJECT AGREEMENT FOR PROJECT NO. C1006, 3RD STREET SE/CROSS STREET PROJECT. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby -1 » approves the appropriation and expenditure of Transportation Improvement Board (TIB) funds in the amount of $1,336,000 for the 3'd Street SE/Cross Street Project. The Mayor and City Clerk are hereby authorized to execute the Design Phase Project Agreement to obligate the amount of $416,000 for the design phase of the project, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. The Mayor and City Clerk are also authorized to approve and execute any future supplemental agreements thereto required for obligation of the remainder of the $1,336,000 and completion of phases of the project including but not limited to design, right-of-way acquisition, and construction. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5567 July 2, 2001 Page 1 Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: July 16, 2001 PASSED: July 16, 2001 ....• MTI ATTEST: APPROVED AS TO FORM: Michael J. Veynolds, City Attorney PUBLISHED: Ordinance No. 5567 July 2, 2001 Page 2 CHARLES A. BOOTH MAYOR ATTEST: APPROVED AS TO FORM: Michael J. Veynolds, City Attorney PUBLISHED: Ordinance No. 5567 July 2, 2001 Page 2 Arterial Improvement Program (AIP) Design Phase Project Agreement Lead Agency City of Auburn Project Number 8-1-105(030)-1 Project Title & Description 3rd St SE/Cross St S Division to Auburn Way S Total Amount Authorized Authorization to Proceed Effective From $416,000 June 18, 2001 In consideration of the allocation by the Transportation Improvement Board of TIB funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIB 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 DESIGN PROSPECTUS, acknowledges that funds hereby authorized are for the development of the design proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIB 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 TIB funds and not otherwise, for its reimbursable costs not to exceed the amount specified. Such obligation to reimburse TIB funds extends only to project costs Incurred after the date of the board's allocation of funds and authorization to proceed with the project. CITY OF AUBURN TRANSPORTATION IMPROVEMENT BOARD Com. a A -A Ag17-001 � 19 Zoo 1 *Ric-el enncy Design Date Executive Director Date Reynolds Date' City Attorney Ord 5567 Exhibit "A"