HomeMy WebLinkAbout32328 / 83-11MARCH 17 1983 # 11 RESOLUTION
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PURPOSE: AUTHORIZING THE FILIN6 OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA
FOR A FEDERAL TRANSIT CAPITAL GRANT UNDER THE URBAN MASS
TRANSPORTATION ACT OF 19E4, AS AMENDED
INITIATEO BY: DIRECTOR OF COMMUNITY DEVELOPMENT & TRANSIT DIRECTOR
WHEREAS, the Secretary of Transportation is authorized to make grants
for mass transportation projects, and
WHEREAS, the contract for financial assistance will impose certain
obligations upon the applicant, including the provision by it of the local
share of project costs, and
WHEREAS, it is required by the U.S. Department of Transportation in
accord with the provisions of Title VI of the Civil Rights Act of 1964,
as amended, the applicant give an assurance that it will comply with Title
VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder, and
WHEREAS, it is the goal of the applicant that minority business
enterprise be utilized to the fullest extent possible in connection with
this project, and that definitive procedures shall be established and
administered to ensure that minority businesses shall have the maximum
feasible opportunity to compete for contracts when procuring, construction
contracts, supplies, equipment contracts, or consultant and other services;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh:
l. That the City Manager and appropriate staff be authorized to prepare,
execute and file a Section 5 grant, Section 3 grant, Section 9A grant, or
combined Section 5/Section 3/Section 9A application for 80 percent (800)
Urban Mass Transportation Administration funding on the eligible transit
related elements of the project, to aid in the financing of the Main Street
Transfer Center that will consist of an office complex, parking garage, and
transfer facility.
2. That the City Manager is authorized to execute and file with such
application an assurance or any other document required by the U.S. Department
of Transportation effectuating the purpose of the Title VI of the Civil
Rights Act of 1g64.
3• That the City Manager is authorized to furnish such additional
information as the U.S. Department of Transportation may require in connection
with the application or project.
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MARCH 17 1983 # 11 RESOLUTION (cont'd)
4. That the City Manager is authorized to set forth and execute
affirmative minority business policies in connection with the project's
procurement needs.
5• That the City Manager is authorized to execute grant contract agreements
on behalf of the City of Oshkosh with the U.S. Department of Transportation for
aid in the financing of the capital grant.
6. That the funding request is for the maximum of those project costs
related to transit activities. Project costs have been estimated as follows:
Acquisition, demolition, relocation of businesses
within the entire block bordered by Main Street,
Otter Avenue, State Street and Ceape Avenue
Site preparation
Construction
Private: Office/Retail
Transit
Parking Ramp (S.E. corner of block
bound by Otter, State, Ceape and
Court - Former Oshkosh House Site)
Graphics
A b E Fees
Contingency
$ 840,000
300,000
4,000,000
607,000
1,300,000
15,000
300,000
86,000
$ 7,448,000
7. That additional funds for the project will be sought from an Urban
Development Action Grant, creation of a Tax Increment financing district,
projected parking revenues, and G.O. bonding.
8. That the City Attorney be directed to provide an Opinion of Counsel
similar to the form provided in Attachment 2.
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SUBkITTED BY
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ATTACHMENT 1
RESOLUTIODI # 11
Maln St. �
state
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DI EI F
Proposed Si�e for
Oshkosh , Wisc. Transfier Center
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Scale in teet
O 60 100
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RESOLUTIOt1 # 11
ATTACHMENT 2
(Sample) OPINION OF COUNSEL
City of Oshkosh
P.O. Box 1130
215 Church Avenue
Oshkosh, Wisconsin 54902
Dear U.M.T.A. Official:
This communication will serve as the requisite opinion of counsel
to be filed with the Urban Mass Transportation Administration, United
States Department of Transportation, in connection with application of
the City of Oshkosh for financial assistance pursuant to the provisions
of Section 9A of the Urban Mass Transportation Act of 1964, as amended,
(The "Act"), for capital assistance preject(s). I understand that the
City of Oshkosh has been duly designated as a recipient in accordance
with the provisions of Section 9A of the Act, and that the Urban Mass
Transportation Administration has concurred in/acknowledged that desig-
nation. The legal authority for the City of Oshkosh's ability to carry
out capital assistance projects directly, by lease, contract, or other-
wise is set forth below:
1. The City of Oshkosh is authorized under (City and quote
from legal authority) to provide and assist public
transportation by acquisition, construction and operation
of existing or additional transit facilities. This
assistance may be provided directly by the City of Oshkosh
or by lease arrangements with other parties.
2. The authority of the City of Oshkosh to provide for its
share of project funds is set forth in (cite source and
provide a copy of, for exampte, local ordinance passed
by City Council making local funds available .
3. I have reviewed the pertinent Federal, State and tocal
laws, and I an of the opinior ±hat there is no legal
inpadim°nt tn your ma'�inn a?plicationt fnr Se:tion 9A
assistance. Furthermore, as a result o` rt:y ex�minations,
I find that there is no pending or threatened litigation
or other action which might in any way adversely affect
the proposed project(s), of the ability of the City of
Oshkosh to carry out such project(s).
Sincerely,
CITY OF OSHKOSH
JOHN W. PENCE
City Attorney
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