HomeMy WebLinkAboutCC RES 97-073RESOLUTION NO. 97-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ARE COMMITTED TO
THE TRANSIT CAPITAL IMPROVEMENT PROGRAM
FOR THE PALM DESERT TOWN CENTER
WHEREAS, the California Transportation Commission (Commission) has adopted an
annual Transit Capital Improvement (TCI) Program for mass transportation capital purposes; and
WHEREAS, the PALM DESERT INTERMODAL FACILITY (the Project), as
component phases or in its entirety, appears on the necessary State capital projects funding list(s)
and is entitled to participate in this allocation; and
WHEREAS, the CITY OF PALM DESERT (the Recipient) is committed to providing any
required local matching funds and to fully fund implementation of the Project in compliance with
grant or bond funding requirements or, if Recipient meets that criteria, in compliance with the
conditions of Commission Resolution G-92-14, "Guidelines for the Deferral of the Commission's
Proportional Expenditure of State Funds Policy;" and
WHEREAS, the Commission has established a "Hazardous Waste Identification and
Clean-up Policy" (Resolution G-91-92) which requires the Recipient(s) to perform, with diligence,
the process of identification and remediation of any hazardous waste in the right-of-way,
easements and properties.
NOW THEREFORE BE IT RESOLVED, that a total of $42,370 in
TRANSPORTATION PLANNING & DEVELOPMENT (TP&D) ACCOUNT funds
programmed in the FY 1994-1995 TRANSIT CAPITAL IMPROVEMENT (TCI) PROGRAM
be allocated to the Recipient for the Project; and
BE IT FURTHER RESOLVED, that the transfer of funds for the Project shall be
governed by a fund transfer agreement, and subsequent amendments to the same if required,
executed between the Recipient and the Department of Transportation (Department); and
BE IT FURTHER RESOLVED, that the Recipient shall provide the Department with
an updated expenditure plan on a quarterly basis by category including any proposed changes for
the balance of all funded Project allocations commencing with the first quarter; and
BE IT FURTHER RESOLVED, that this Commission shall be entitled to a then present
value refund, or credit, at State's option, equivalent to the proportionate funding participation by
the State towards the Project in the event that Recipient fail or cease to utilize the Project property
for the intended public passenger rail purposes or sells or transfer title to the Project. The credit
due the Commission in rail purposes or sells or transfer title to the Project. The credit due the
Commission in each instance, will be measured by the ratio of State and other public funding to
that provided from Recipient. That ratio will be applied to the fair market value of the Project
property; and
Resolution No. 97-73
BE IT FURTHER RESOLVED, that an allocation for the Project is subject to the
following conditions and assurances:
A. Reimbursements of eligible costs are subject to the terms and conditions of the execute
fund transfer agreement; and
B. Pursuant to the Commission's Financial Guidelines, the grant recipient must complete the
work to be reimbursed and the actual reimbursement by June 30. 1999, unless the
Commission authorizes a waiver that extends, if permitted by statute, the period of
availability of the funds.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, this 28th
day of August , 1997, by the following vote:
AYES: BENSON, CRITES, SNYDER, SPIEGEL and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RICAARD S. KELLY
City of Palm Desert, California
ST:
SHEILA ' . ' ILLIG
CITY CLERK
City of Palm Dese ; ifornia