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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2011 - RESOLUTION 2011-111 AUTHORIZING THE FILING OF APPLDATE: December 20, 2011 STAFF: Kurt Ravenschlag Karl Gannon AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT Resolution 2011-111 Authorizing the Filing of Application with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53, Title 23 United States Code and Other Federal Statutes Administered by the Federal Transit Administration. EXECUTIVE SUMMARY The City of Fort Collins receives approximately $2.7million annually (five year average) in federal assistance from the Federal Transit Administration (FTA) for mass transportation projects. One requirement to receive this federal assistance is that the City retains on file with the FTA, an Authorizing Resolution from City Council that authorizes the City Manager or his/her designee on behalf of the City of Fort Collins to: (a) execute and file application for federal assistance with the FTA (b) execute federal assistance awards (grants) and cooperative agreements with the FTA (c) execute and file the annual certifications and assurances and other documents that are required by the FTA before federal assistance is awarded. The FTA has requested that the City of Fort Collins update the current Authorizing Resolution it has on file for the City, dated November 1990. BACKGROUND / DISCUSSION In preparation for the City's triennial federal review in 2012, the Federal Transit Administration (FTA) has requested that the City update the required documentation and forms on file with the FTA, in order to become current with its filing requirements. Both the Authorizing Resolution and Opinion of Counsel documents that are on file with the FTA are in excess of 10 years old. Complying with federal requirements is essential to receiving annual federal transit assistance and the remittance of updated documentation to the FTA will ensure the City's participation in future federal assistance awards. In addition to updating the Authorizing Resolution, the FTA has requested that the City provide an updated "Opinion of Counsel" as the version it currently has on file is dated February 1991. Please see Attachment 1 for an updated version of the Opinion of Counsel that staff will remit to the FTA along with the Authorizing Resolution. FINANCIAL / ECONOMIC IMPACTS Failure to provide the requested documentation to the FTA could lead to the City not being allowed to participate in future mass transportation federal assistance awards. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. ATTACHMENTS 1. Opinion of Counsel RESOLUTION 2011-111 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE FILING OF APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon applicants, and may require the City of Fort Collins, as the “Applicant” for Mass Transportation Assistance Grants (the “Projects”) to provide the local share of the project cost; and WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, IN SUPPORT OF THE PROJECTS, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager or his/her designee is authorized to execute and file application for Federal assistance on behalf of the City of Fort Collins, Colorado, with the Federal Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. Section 2. That the City Manager or his/her designee is authorized to execute and file with its application the annual certification and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement. Section 3. That the City Manager or his/her designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Fort Collins, Colorado. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of December A.D. 2011. Mayor ATTEST: City Clerk