CC Resolution No. 418b
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CITY y (.
UN
W-'Z ?'3 ALT II3:C,'-f'wIAY FUND TO Cr. ISZ
- -ecinca it with the .State Department
, of Public DivIz :::1 :f Hlt,h:rays, for the budgeting and
t;;e= °;ate highway fund
A citic:, to - he city council for con-
sydeVati�...: a:
:i✓:.r:, tt ;e city cr, �ncl l hay heard read said agreement
and 1J with t:::' ;:intents thereof;
::� . :.:_.:, to it Uy tl:e ci ;y •ncil of the City
of
that said agreement be and
t e -*6 ,.•2i and t'rie mayor and the city clerk
a.�` dii•ccte :� rir.,n Lire : P. e on behalf or said City, said
a.- s-ee. -ert t�: to t�irldirf., �r cn the City Ripon its execution by
t';e autho. -Ize .' )ffici.a =s of the State,
ADOFTLED this '31 day of 1-� �., ,, � .f 19 t .
' Xayor of tT ` of Curertano _
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wr w�..ww�....r wrr..•..r...rr�
ty'Zle c` o ' h V.i4 '" r.. - -g.rt fro
i hereby certify 'tht:t the foregoing resolution was duly and
:xeg,tl.larly passed by Me city counoil of the City of Cttn t; no
at a regular r eeting Wiz:reof' held F'A ��1�.�•..� ti , " L�
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-OA rltvleycre or
Ity
MA STER A'{FMElhrttT
KID 'T11u* DUDGEX1? AVID EXPE'NDTTURR
TV 1~`UUM AUCC".'I'ED FRO'l THE STATE 11101WAY FUND TO DI'T0.5
Lnt. �•ri:il into by and between the City of
hereinafter Werred to
am th clt.- : r,:; th S;;ate Depa of P u blic Works,
Divialon of ?w- ►yu, a: , minarter referred to as the
do.1,*artment,
W!'"?RE. S, Sy : ? and 2107 of the Streeta a nd
provIde "or allocation and ex1- ^nditure within
al iez of anountu �.ran:.Xerzed to the State Highway Fund
Zror: the L;; ; r. ;ay UL ar. w sx Fund; and
WHEREAS, Section J-95 of the Streets and Highways Code
Providea t':ac at least three of the money allocated
under the P ovi.v ions of Section 194 shall be expended for
the constra. of streets St cluded in the system of
cza city; ..Teets +oi,thin eac: city, and the balance for
traint;cnance; ;and
WHEREAS, in accordance with the requirements of Section
196 or the Streets and highways Code, the city has set up by
e Special .. 3 "ax �'tr� �� � I.^pisoveme�ht Aind in which ahiill be
deposlted all amounvs allocated pursuant to Section 194 and
received b;' the city; and
NOW, :� REFORE, in consideration of the premises and of
the several rrO. to be faithfully performed by each as
hereinafter set north, the city and the department do hereby
twitually agree as Follows:
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ARTICLE. I. BIJI)GISM PROVISION3
A 'budget shop. %rin ; th►: c tamated expenditure of' rundn, to
be allocated Lc t;t:�, c.tty by the State, e, shall be �aubmitted
anrnsa'lly by th �. 3 ;.' c,f.Uroval, try, the department as ;iro-
vlde:d for ur del .. ±r_;Z I'Ji of this Cade:.
A budget npr ival h;t the department t;hall conals, t of an
n+ckno:vl.cd�-,m�xnt c: A' of a budget by the city*, a
tstateri :nt of t!::: uva Lluble f or b expenditures,
a atatv,.wnt of expenditures by projects, and the
signatuitte of the officer appi the budget for the
depart m -cixt.
The amount b for a project may be revised, or
other projects added, by uubmin3ion by the city of a supple-
mental budget for approval by the department..
The annual revenue and the arkounts provided for the
projects listed In an approved budget are estimated amount.-,.
Ir► the event that" the actual revenue or the actual cost of
the protects dif'f'er from estimated amourt;3, the approved
budget mny be a- mended only by a uupplemental. budget.
Vt`ben a budget proposes expenditure of otlser funds for a
project In conjunction with the expenditure of state allocated
funds, the project statement shall show the amounts and names
of the cooperative funds including city funds, if any. It Is
agreed that the cooperative agencies, including the city,
need not approve or budget such Cooperative f unda before the
city submits its budget for approval of + department.
When a project, Included in a budget submitted by the
city and approved by the department, is proposed to be ,jointly
financed with State allocated funds, other cooperative funds,
If any, and with an allocation of State highway funds by the
California Highway Corrmission, it is agreed that the obligntionz
r.f both the city and the department under this agreement are
contj..ik;ent upon the allocation of the necessary funds for the
project; by the California Highway Comrrtssion and upon the
budgeting of the necessary cooperative funds by the city or
by the ether cooperative agcnn'los.
In the event the cooperative funds are not allocated or
budgeted, the i .-it:y may submit a supplemental budl;et to- thn
department for approval for rebudgeting the state allo(,a od
funds.
Upon approval by thy: department, the budgpet an submitted
by the legial.ati.ve body of the city abal.l become a part of
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r WD agreemenL and all work and expenditureaa of the allocated
funds are to be made In accordance: with the terns of the
approved bud etu, and of this agreement and any supplements
thereor.
ARTICt.E 11. a�: :.FGATIO11 OF EXPENDITURE
The dn; .: t;m2rit: ►.:.reby delegates to the city the ex)�end�
ltur. a of i'�:J: c, c : ^ r the cost o£ the work deacril�ed in
the approve , . - I )� :capt fox those pzvjects noted in such
budget to be aoeompl�:.7ed by the department in behalf of the
city.
ARTICLE Ill. Iio1INTSUANCE
Unless otherwise author lad in wrltin6 by the department,
all streets w117, be nalntal ed by or under the direct super..
vision of ttee elty. i'aIntenance shall be as defined in Section
27 of the Streets and iiighwaya Code, an nodified b set tion
195 of thcl :ode. t in - enance �;or. shall be cd::c ua t:e to
,preserve and IXOP the rnadway, :structures, and .facilities
in t ))c cafe z,nd ur. abl a condition to vol ch they have been
l ;.p: avc3 or �onstmac ad.
ARTICLE IV. RIME OF WAY
Expenditures for rights of :.ay may include the cost of
the acquisit.icn of 1 &nd and intetsests therein for projects
Included :n :� app budget; re.-�ov411f;, denoll.shing, novSng,
re3attin and faltering obstructing buildings, structures,
utility installations and other 4 ,,Mpr-ovc: _1cnts; the payment of
any and gall. datzges to property a: isin j by reason of the
project ; court costs; and all other expense nc,cessary or
Incidental to providing a right of way clear and free of all
obstructions or encumbrances.
The right of way will be acquired by elther the city or
the departx.ant as noted on the approved budget.
ARTICLS V. SURVEYS AND . PLANS
The necessary surveys and plans for the work as desig-
nwted on the approved bu ftet will be ivaide by than city or
the department rya noted on the approved budget.
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ARTICLE 'VI. Cc.iS'I'RLtmo won By rrfy
Construction shall be as defined in See -on' 29 of the
Streets and Hig,hway3 CGde, as modified by 36ction 195 of
the Code.
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The city will construct or cause to be constructed by
ethers, in accordance :1t'h approved plans,, specifications
and estimates 1.c, be :4 ,::�ltted there3for, the lziprovement3
described its the approved budget.
Any significant changes made in the approved plans or
speolfications will require department approval, either
prior to raking such changros, or at the time the flna,l
report is submitted in those cant's where advance approval
cannot be obtained without: costly delay to the work .., or
where through Inadvertence advance approval has not been
obtained. The depart. t.nt; r to approval, before or after changes
are made, will establish the eligibility of ouch changes,
for financing with allocated funds.
The construction iiork described in an approved budget
shall be performed by contract unless the performance thereof
by day la'tov is approved by the departr.^nt.
The work shall be done to the sati3faction of the depart -
jmvnt and Is subject at all times to inspection and approval
by the authorized representative:; of the department.
,ARTICLE VII. CONSTRUCTION WORK BY DEPARTMENT
a
Corstnuation shall be as defined in Section 29 of the
Streets and Highways Code, as nodified by Section 195 of
the Code.
The department will construct or cause to be constructed
the improvements des3eribed in an approved budget as work by
department in accordance with approved plans, zpeelfications
and est I ates therefor.
Anpr minor changes in the approved plans and specifications
chie to unforeseen contingencies or made desirable by conditions
developUg during the progress of the work may to made by the
department.
The Nark will be per.'ormed by contraot or by State forces
as may be, in the opinion of the department, for the beat
Interests of the city and the department.
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Indirect for +_:nginecrine, o%rerhead +rill be
aaceased In accoed :mcc it,�, Division of 4 s
practices :or an.y : or c1 3ne by �tt,t:c: f orces.
I►Git SC �.,. '4 7 1 1. _ `J Zi (i ULAEt YAi3KL1.ti
It In a �`I" ! f:'r:" * lri e.ccov(kan -1 a w ith th provisions
of Section Coda, the city will pert it
parallel the limits of each of Out
construct t;;c�, U:, df_:; cribed In a approved budgat, It
is agreed that t i ;%.: ov,iu1vny of th -� Vehicle Code perial.tting
ancla par',,i�,, t;;; o JInance are not applicable within tilit
li.Mits of the :rork. It is further Ag "ed
Mit if a c1*.r ,.'Lve o permits angle park-
IS4 within the lir „ito of ;;uch works the ordinance shall be
r�ipmaled and cer t: 1` ,7 1e s G {i;i? F #:; of Lhis action shall be
tr' lrmitta: with i:hc f1na2 raport.
ARTICLE I.K. FUNDS
Funds .o defray the c: of !,he :rcri: described in an
approved buld;;et .,i;l be Tzald quart:-:z•1,y vavenues foi;
expenditure in ;!tics are: receivedi in ti Sf ate Highway Pund.
Payn.ent of these funds to the city will be based upon
an approt;oc : nnual tiuGt; Such };.•::,Grit 1.0 the city will
be reducers ry any amount, rc ^ainAr- 'unp�:pended in the city's
Special Gas sax Str cet 1_- :.; r av ment Fund attributable to
completed ara4ect., covcr•ct l the f':rds, or for work to
be perfo:r:.ed by t %t^ dcr::. °: nt, or for cap l Ingeney projects,
as shown on the approved bUd-et.
The construction Best, includin ecnstruction enginQer-
Ing, of the traffic signals and safety 11ghting to be installed
at an Interjection of a major city titreat .-Fith a State highway
will be fln_ =need Jointly c;. the cl cnd ttie cyepartment in
the same ra - o as the nu.^::;er of Intersecting roads under each
jurisdiction bears to the total nun-bar or roads entering the
i.nterzsection. Unless other° ?ise arreed to in writing, the
agency designated in the approved budget ;o prepare the plans,
specifications and estimate will bear the entire cost; or ouch
preparation.
All revenue received from rentals or sales of real
property or equipment purchased with gas tctx fund:;, and all
interest earned 1 rem Inve-- tImenrs oa' mcnies in the city's
Special Gas Tax 4treet Improvement Fund shall be cradited to
the city s Special Gas Tax Street: Improvement Fund.
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The anount: prOv' 10 .. the projeats 1lsted in an
v ;. y appt•oved budt,et: must . �.•xcoccled, and no mon.les mby be
expended by +:itC city f•: `'.. ;special Gan T a x Street
ltt.prov�mr.•rlt }'��ti�l e.•, � ; : % projects listen 1h the budget
wit! _,, s , �� .. of u ;upplrment�tl budget.
t All fund r the provinlons of Sciztion
21.07 of vno Sl,rc: ;r:. *. :s�y�i Code in excess of tsutQh
funds: will accumulaite for future
ARTICLE Z. "'`:ItL REPORTS
t> ± ,.hltt ninety d:._ .. _ :... expiration of each fiaeal
year, t!:e city shall the department; an annual
repot c: I c;xpendlt .: .. :: cans the Sp`cial Gua Tax Street
Ir: t: t ., I V 1'11nd for n. _. once.
y ;ithln the time L . I f i : -d in yect:io 201 of the Streets
and It. !.; , :, Code, the :: -_• .-hall submit a final report of
c:xpcnci± tu; ;,s nsde from :,pocial Gas Tax Street Improvement
Fond :'o;• :ionui: Ition of of vay or for construction.
i'i:•.
shall, = ` - t;r.c time specified, Submit a
the c ponditur�!s mmd by the dopart-
nent: in ra. ' of the c:
"nn reports of expenditures. and final
rc:�:or s expenditurez; :.: rights of way and construction,
shal "e ..adc on fonts z: ecified by the department.
* RT TCT:E XI. S J:: _" - -E STS TO AG REEMNT
Sup laments to this a Y : eement may be executed to provide
fo- other -ztters no'c cc - . , =_:_d herein.
ARTICLE XII. OTHER S:r I HIGHWAY FUNDS ALLOCATED TO CI'T'IES
It is agreed that th:i z :Waster agreemeno covers the budget-
ing and exzenditure or funds for construction that may
be ti ~ansferred to and al.l : Gated from the State Highway Fund to
cities, provided such fu.- -Js are required by statutes to be
expended in accordance nw.:: the provisiona of Sections 194 to
202, inclusive, of the S wr-eets and Highways Code.
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IN WITNESS W)iEREOF, the pp. -tiez hereunto have affixed
their tignatui -Ca and officl.al seals, the City on the
a day of . _ , 19 , and the departmen£'
on the ...,.�c u i' ._.._. _ 1 9
.0'
. Approval recorn :acmded: oily OF
By
„w
Yf '
neer oy an �.."
Cit;; C2�•
Cooperative Frojeets
STATE OF CALIFORNIA
Approv,cd as to form DEPINRTMENT OF PUBLIC UOc
and procedure.* DIVISION OF HIGHWAYS
B
Attorney, Department or Assistant State flighway
Public Works Engineer
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