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HomeMy WebLinkAboutMINUTES - 08101993 - 1.14 1 CONTRA COSTA COUNTY BOARD OF SUPERVISORS Adopted this Resolution on August 10, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson Resolution to Adhere to NOES: None CTC Requirements for Use of Prop. 116 Funds for ABSENT: None the Delta De Anza Trail RESOLUTION NO. 93/ 493 SUBJECT: In the Matter of Fulfilling California Transportation Commission's (CTC) Requirements for Receiving Clean Air and Transportation Act of 1990 (Proposition 116) Funding for The Delta De Anza Trail. Project No. 0676-6P1044 The Board of Supervisors of Contra Costa County RESOLVES that: On August 13, 1991,the Board of Supervisors APPROVED the submittal of an application for$1,000,000 from Proposition 116 for a Bicycle Path on the Delta De Anza Trail from Concord to Brentwood; that application having been subsequently revised to request $300,000 for a reduced project from Concord BART Station to the Pittsburg-Antioch city limit line (Project). The $300,000 of Proposition 116 funds have been awarded for the Project and have been approved for allocation. The execution of the Fund Transfer Agreement is expected to be executed by September 1993. The County, and all agencies entering into a cooperative agreement with the County, to utilize the funds to construct, operate, or maintain those segments of the trail described with in the Project application will adhere to the following CTC requirements set forth in CTC Resolution No. BFP-92-28, Section 2.7: will not adopt new or increased development taxes, fees, exactions or permit fees for the purpose of providing local matching funds if the matching funds are required or for Project operation budgets; have exercised all due diligence in the discovery of hazardous wastes on properties to be acquired for the Project; will enter into enforceable agreement(s)with.any and all owners of to-be-acquired properties for clean-up of hazardous wastes; will indemnify, defend, and hold harmless State, Department of Transportation, and CTC from clean-up liability or damage, both present and future; will not request additional State funds for clean-up, damages, or liability associated with hazardous waste on or below the acquired property; - will not use other capital funds previously programmed, planned or approved for bicycle projects for other purposes; - will not use other State funding sources to complete the Project if the Project costs exceed those identified in the approved application. The County or any agency entering into a cooperative agreement with the County, to operate and maintain the segments of the Project described in the above mentioned Application has/have the financial and institutional ability to accept the legal liabilities associated with this project. I hereby certify that this Is a true and oorrect copy of an action taken and entered on the minutes of the 3oard of Supervisors on the date Shown. ATTESTED: August- i PHIL BATCHELOR,Clerk of the Board of Supervisors and Cou Administrator MB:mb:eh By G' r ,Deputy c:BR10.t8 Orig. Dept Public Works Department Contact: Mark Boucher, 313-2277 cc County Administrator Auditor-Controller Accounting EBRPD RESOLUTION NO. 93/ 493