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RES-2007-185RESOLUTION NO. 2007- 185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING APPLICATION FOR FUND FOR THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION ACT LEGACY FOR USERS FOR THE FRONTERA STREET /SR 91 SOUNDWALL LANDSCAPE PROJECT WHEREAS, the United States Congress enacted the Safe, Accountable, Flexible, Efficient, Transportation Equity Act Legacy for Users August 2005, replacing the Transportation Equity Act for the 21 Century which makes 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 of Anaheim possesses authority to nominate transportation enhancement activities and to finance, acquire, and construct the proposed project; and WHEREAS, by formal action the City Council authorizes the nomination of the Frontera Street/SR 91 Soundwall Landscape Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Department of Public Works of the City of Anaheim (the "Department to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the Department will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity; and WHEREAS, with the approval of the California Department of Transportation (Caltrans) and OCTA, the City of Anaheim or its successors in interest in the property may transfer the responsibility to maintain and operate the property; and WHEREAS, the City of Anaheim 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 Anaheim 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 Anaheim will comply where applicable with provisions of the California Environmental Quality Act, the American 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 Anaheim, hereby authorizes the person identified as the official representative of the Department of Public Works of the City of Anaheim to apply for the Transportation Enhancement Activities Program under the Safe, Accountable, Flexible, Efficient, Transportation Equity Act Legacy for Users for the Frontera Street /SR 91 Soundwall Landscape Project. BE IT FURTHER RESOLVED, that the City of Anaheim, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd Day of October 2007, by the following roll call vote: AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE 66801 Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring CITY O' AHEIM R OF THE CIT 6' F A AHEIM 4 A L CI Y CLE OF THE r OF ANAHEIM