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82-036 Local Option Highway Gas Tax ORIGINAL AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND CERTAIN CITIES PURSUANT TO SB 215 (CHAPTER 541 81-82 SESSION) FOR LOCAL OPTION MOTOR VEHICLE FUEL TAX ALLOCATION JUN 21 1982 This is an agreement executed as of 1982, by and between the COUNTY OF SANTA CLARA, a political subdivision of the .State of California ( "County") and the Cities of CAMPBELL, CUPERTINO, GILROY, LOS ALTOS, LOS ALTOS HILLS , LOS GATOS , MILPITAS , MONTE SERENO, MORGAN HILL, MOUNTAIN VIEW, PALO ALTO, SAN JOSE, SANTA CLARA, SARATOGA and SUNNYVALE ( "Cities" hereinafter) relating to the imposition and allocation of a local option motor vehicle fuel tax. RECITALS WHEREAS , there has been a demonstrated requirement for additional revenues to meet local highway needs and regional highway capital needs ; and WHEREAS , the Board of Supervisors of the County of Santa Clara and the City Councils of the Cities named herein have determined to submit to the electorate of the County a measure to increase the motor vehicle fuel tax by five cents per gallon to provide funds for construction and maintenance for such highway needs, all as provided for in SB 215 (Chapter 541) of the 81-82 session of the State Legislature ; and WHEREAS , a local option motor vehicle fuel tax may be imposed by a County on a countywide basis in accordance with part 4 , (commencing with Section 9501) of Division 2 of the California Revenue and Taxation Code; and -1- WHEREAS , Section 9502 (a) of the Revenue and Taxation Code Specifies that prior to imposition and collection of any tax under Part 4, a proposition granting authority, to the County to impose the tax shall be submitted to and approved by the voters at an election; and WHEREAS , Section 9502 (b) of the Revenue and Taxation Code specifies that a -proposition may be submitted to the voters only if it is approved by the Board of Supervisors of the County, and a majority of the City Councils of the Cities having a majority of the population in the incorporated areas of the County; and WHEREAS , Section 9502 (b) further specifies that the County and the Cities within the County must have a written agreement with respect to, allocation of the revenues between the County and Cities; and WHEREAS , this Agreement specifies the allocation of local option motor vehicle fuel taxes between County and Cities in accordance with Section 9502 (h) of the Revenue and Taxation Code, NOW, THEREFORE, the County and the Cities HEREBY AGREE to the following local option motor vehicle fuel tax allocation formula and related conditions and approve the submission of said proposition to the voters. 1. SPECIAL FUND A special fund shall be created by the County's Auditor-Controller for that portion of the local motor vehicle fuel tax which is received by the County. Interest earned on these funds shall accrue to the fund. Any donations or other • _2- funds designated for the purpose of accomplishing the projects that are a part of this agreement shall become a part of the special fund. These funds shall be expended for highway use only. 2. REGIONAL/LOCAL FUND SPLIT From the levy of five (5) cents per gallon, three (3) cents may be used with or without Federal funds for the construction of Regional Capital Highway Projects that are further identified in this agreement. Two (2) cents shall be apportioned between the Cities and County for local street and highway capital, improvement or-maintenance purposes. After the designated regional projects specified in Section 4 are funded, there will be a reevaluation of the 3 cts./2 cts. split for subsequent years. This reevaluation will be done in accordance with Section 5 herein. 3. ALLOCATION OF TWO (2) CENTS TO CITIES AND COUNTY From the total levy of five (5) cents 'per gallon, two (2) cents shall be distributed to all of the. Cities within the County and to the County for purposes of local street and highway capital improvement or maintenance purposes. The amount received by the County and each of the Cities within the County existing as of July 1 each year shall be the revenue derived from multiplying one (1) cent per gallon times each entity's population divided by the combined population of all the cities in the County and the unincorporated area of the County plus the revenue derived from multiplying one (1) cent per gallon times each entity's maintained miles divided by the total maintained -3- miles of all the Cities in the County and the unincorporated area of the County. This amount shall be adjusted annually, effective as of July 1 each year to reflect changes in population and maintained miles. 4 . REGIONAL CAPITAL HIGHWAY PROJECTS; ORDER OF LISTING NOT NECESSARILY INDICATIVE OF PRIORITY The funds made available from three (3) cents of the five (5) cents local gas tax shall be used to complete the following Regional Capital Highway Projects. The County may seek to place these projects in the State Transportation Improvement Plan so they may qualify for maximum State and Federal participation. a. State Route 85 - Purchase right-of-way for the entire corridor from Route 87 to Saratoga- Sunnyvale Road. b. State Route 101 - Widen from four to six lanes in the vicinity of Alum Rock interchange. c. State Route 17 - Widen by adding one lane in • each direction from State Route 101 to the Alameda County line. The exclusive use of these lanes for buses and carpools during peak hours shall be considered. d. State Route 101 - Widen by adding one lane in each direction between the Guadalupe Parkway (State Route 87) and Lawrence Expressway. , The exclusive use of these lanes for buses and carpools during peak hours shall be considered. -4- e. State Route 85 - Make operational improvements • in Cupertino and San Jose, including and extending the improvements beyond . its current terminus to Saratoga-Sunnyvale Road. • f. State Route 237 - Construct a full freeway between State 'Route 85 in Mountain View and State Route 17 . g.. State Route 152 - Safety improvements from 0. 9 mile east of Bell Station to--Route 156. 5. REEVALUATION OF REGIONAL/LOCAL SPLIT AND ADOPTION OF ADDITIONAL REGIONAL CAPITAL HIGHWAY PROJECTS When funding for the Regional Capital Highway Projects has been identified and guaranteed, there shall be a major reevaluation of the Regional/Local Split of the 5 cts. gas tax revenues and the identification and adoption of additional Regional Capital Highway Projects. However , the minimum amount to be allocated for local street and highway capital or maintenance purposes shall not be less than Two Cents. The County Executive shall submit a proposal covering the Regional/Local split and the list of additional Regional Capital Highway Projects to the Board of Supervisors. This proposal, or an amended proposal, must be for highway projects. Such proposal or amended proposal may be adopted as an amendment to this agreement only upon approval by the Board of Supervisors and a majority of the Cities, providing that those Cities contain a majority of the population in the incorporated areas of the County. -5- If such proposal is not approved when the Regional Capital Highway Projects identified in Section 4 are completed, the 2 cts. will continue to be distributed, to the Cities and County for local street and highway capital or maintenance purposes under the provisions of Section 3 , and the 3 cts. will be retained in the special fund (restricted for use on approved Regional Capital Highway Projects) until such time as a proposal is adopted in accordance with this section. An adopted proposal under this section will supersede Sections 2 and 4 and will remain in effect until funding for additional Regional Highway Projects is identified and guaranteed. Additional reevaluations must be pursued under the provisions of this section. 6. DEFINITIONS The definitions shown here are a part of this resolution. a. "Construction" shall include: (1) Acquisition of rights of way and material sites and the payment of damage or relocation costs; (2) Engineering ; (3) Construction; . Rev. 6/21/82 -6- (4) Reconstruction ; (5) Replacement; (6) Any improvement excepting maintenance ; • (7) Such improvements, without being limited thereto, may include, where capital outlay is required, provision for special safety conveniences and devices, and such illumin- ation of streets, roads, highways, and bridges as in the judgment of the body authorized to expend such funds is required for the safety of persons using the same. b. "Maintenance" shall include: (1) The preservation and keeping of rights of way , and each type of roadway, structure, safety convenience or device, illumination equipment and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include recon- struction or other improvement ; (2) Operation of special safety conveniences and devices, and illuminating equipment; (3) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway structure or facility. The degree and type of • maintenance for each highway, or portion thereof, -7- 1 structure or facility. The degree and type of maintenance for each highway, or portion thereof, shall be determined in the discretion of the authorities charged with the maintenance thereof, taking into consideration traffic requirements and moneys available therefor. c . "Regional Capital Highway Projects" - Highway projects that are specified herein or added according .to the pro- visions of this policy for purposes of construction. s d. "Maintained Miles" - Center line miles of all streets and highways for which a jurisdiction has a maintenance responsibility. 7. This agreement may be signed in counterparts, each of which so executed shall be deemed an original, and said counterparts together shall constitute one and the same instrument. 8 . This agreement shall remain in effect for the duration of the tax and may not be modified, amended or otherwise changed unless by an amendment approved and executed by the parties as provided for herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. • COUNTY)?? SANTA CLARA- BY � t /�1.�� �r� r i�` AT S DONAL . RAINS , C erk - Chairperson $usnnne soli Board o Super iso s Board of Supervisors a.L4 -8- ' ATTEST: CITY OF CAMPBELL _q By ATTES CITY SF CUPERTINO O O- w�., . i.ca . i_ �-- , BY ..�. �� Dorothy Cornelius � ei �o�. t fl C- City Clerk r ITY OF I LROY We ---z 3t ' �, CITY OF _LOS LTOS is Cittj of Cupertino _ s , City Hall .y Clerk ane B. Reed, Mayor 10300 Torre Avenue OF LOS ALTOS HILLS Cupertino,CA 95014 (408) zszasos By w -9_4 i \-4—S.1"V---- J . re._ , Wot-444m l''entitiws, HAyec si pins SAND A.JTOWN OF LOS GATOS EXteorea tory. 7'...1../ By 26379 FREMONT ROAD LOS ALTOS HILLS,415/941-7222 94022 CI OF MILPITAS� Office: 415/941.727222 , ^ - /, III By "� y— James sP. Connolly, C ' Clerk CI JOames RodgersTE _SEREayor TEST: t By ATTEST: CITY OF MORGAN HILL By ATTEST: CITY OF MOUNTAIN VIEW By CITY OF PALO AST TO , v PAS 415/329-2226 1� • By 191. ,` !,,7y cCE2/C Bet _jechtel Vice Mayor ANN J. TANNER 1 0 1982 CITY OF SAN JOSE CITY CLERK / By •iGll /Ad ,AJ Lr a/• 4 )//f{ releases''ehri ity Clerk Ja Q Gray Hayes' Mayor PVIC CENTER Pve Gut'- COP / LO ALTO,CA 94301 Lehe.n Cetf kk -9- 9 • ; • ATTEST: , CITY OF SANTA/NTCLLARRAA �� iLI.0-/ �J/' • .r�✓cJ By AGC.�u2rn / i' • Y GGQ / ATTEST: CITY OF SARATOGA By ATTEST: • CITY OF SUNNYVALE • By • APPROVE AS . TQ FORM: 2.,e.,‘?�DeyCounty Counsel Datg'd': June 17 , 1982 • DJB:bc 0607L -10-