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HomeMy WebLinkAboutRES NO 030-09RESOLUTION NO. 0 3 0 O 9 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING FILING OF APPLICATION, VERIFYING THAT SUFFICIENT FUNDS ARE AVAILABLE, AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE CONTRACT FOR THE GRADE SEPARATION ON MOHAWK STREET AT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY TRACKS HAVE BEEN UNDERTAKEN. WHEREAS, Section 2456 of the Streets and Highways Code of the State of California requires that local agencies requesting allocations for railroad grade separation projects furnish evidence that sufficient funds from the local agency are available and that all other matters prerequisite to awarding the construction contract within a period of two years have been or can be taken care of within that time; and WHEREAS, the City of Bakersfield's Capital Improvement Program will provide for the City's cash flow requirements and the City's share of the cost of the grade separation structure on Mohawk Street, P.U.C. No. 2-890.1; and WHEREAS, the City of Bakersfield has obtained all necessary orders from the Public Utilities Commission of the State of California, executed all necessary agreements with the Burlington Northern and Santa Fe Railway (BNSF), acquired all necessary rights- of-way, and accomplished all other requirements prerequisite to awarding the contract for the construction of the grade separation structure on Mohawk Street at the BNSF Railway's track (Public Utilities Crossing No. 2-890.1) in Bakersfield. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield: 1. The sufficient funds will be available in the City's Capital Improvement Program; and 2. That the City of Bakersfield intends to award the contract for the construction of said grade separation structure on Mohawk Street at the Burlington Northern and Santa Fe Railway's track no later than two years after the date that the California Transportation Commission and the Department of Transportation of the State of California have made an allocation of funds to said construction project; and 3. That Raul M. Rojas, Director of Public Works, as agent of the City, is authorized to conduct all negotiations, execute and submit all documents including but not limited to Applications, agreements with the Burlington Northern and Santa Fe Railway Company or others, amendments, payment requests, etc., which may be necessary for completion of the aforementioned project. 000---------- a``gAKF~,~ m v ~ ORIGINAL - Paqe 1 of 2 Paqes - HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 1 1 2009 , by the following vote: AYE COUNCIL MEMBER CARSON, B4AA, WEIR COUCH, HANSON, SULLIVAN, SCRI NV ER SS: COUNCIL MEMBER iA.t7V-L- ABSTAIN: COUNCIL MEMBER PZl-Q- ABSENT: COUNCIL MEMBER1 hn ,yam CITY CLERK and Ex Officio rk of the Council of the City of Bakers ' Id APPROVED MAR 1 1 2009 By HARVEY L. HALL Mayor of the City of Bake APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RT M. SHERFY B4eputy City Attorney mps GAGR0UPDAT\ADMINRPT\2009\03-11\Resolution Mohawk.doc o``~AxF9~ v a ORIGINAL - Paqe 2 of 2 Paqes -