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Resolution No. 6062 • 042 RESOLUTION NO. 6062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY ACT—A LEGACY FOR USERS FOR THE MOODY STREET BEAUTIFICATION PROJECT WHEREAS, the United States Congress enacted the Safe, Accountable, Flexible, Efficient, Transportation Equity Act — a Legacy for Users August 2005, replacing the Transportation Equity Act for the 21st Century which make funds available to the Orange County Transportation Authority (OCTA) for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, the City Council of the City of Cypress possesses authority to nominate transportation enhancement activities and to finance, acquire, and construct the proposed project; and WHEREAS, by formal action the City Council of the City of Cypress authorizes the nomination of the Moody Street Beautification Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Cypress to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City Council of the City of Cypress will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facilities or activity; and WHEREAS, with the approval of the California Department of Transportation (Caltrans) and OCTA, the City of Cypress or its successors in interest in the property may transfer the responsibility to maintain and operate the property; and WHEREAS, the City of Cypress will give the Caltrans and OCTA's representatives access to and the right to examine all records, books, papers, or documents related to the transportation enhancement activity; and WHEREAS, the City of Cypress will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of Cypress will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules, and/or regulations; NOW, THEREFORE, BE IT RESOLVED that the City of Cypress, hereby authorizes the Public Works Director or his designee as the official representative of the City of Cypress to apply for the Transportation Equity Act — a Legacy for Users for the Moody Street Beautification Project. BE IT FURTHER RESOLVED, that the City of Cypress, agrees to fund its share of the project costs and any additional costs over the identified programmed amount. This action is in conformance with the OCTA TEA guidelines and does not exceed seventy-five (75) percent of the total eligible costs. 043 PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular meeting held on the 22nd day of October, 2007. MAYOR OF THE CITY OF CYPRESS ATTEST: ot,,,, CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 22nd day of October, 2007, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS