RES 1701 12/10/2024"City of Choice"
RESOLUTION NO. 1701
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ADVANCED FUNDING AGREEMENT BETWEEN THE CITY OF
CIBOLO AND THE STATE OF TEXAS; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; FINDING THAT THE MEETING AT
WHICH THIS RESOLUTION IS ADOPTED WAS CONDUCTED IN
ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo is a Texas Home Rule
Municipality as that term is defined by law; and
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Texas Transportation Code, Section 222.052 authorizes the Texas Transportation Commission
to accept contributions from political subdivisions for development and construction of public
roads and the state highway system within political subdivisions; and
WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and
Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for
urbanized areas of Texas; and
WHEREAS, Federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-
15.56 that describe federal, state, and local responsibilities for cost participation in highway
improvement and other transportation projects; and
WHEREAS, the rules and procedures for the Transportation Alternatives Set -Aside
Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part
1, Chapter 11, Subchapter G, §§11.400 —11.418; and
WHEREAS, the City of Cibolo prepared and submitted to the State or MPO a project
nomination package for TASA funding consideration, which is briefly described as Town Creek
Trail (Project); and
WHEREAS, the Texas Transportation Commission passed Minute Order Number
116752 (MO) dated October 23, 2023 awarding funding for TASA projects in the TASA
Program Call of the San Antonio-Bexar County MPO, including the Project; and
WHEREAS, the City Council finds that this AFA is made between the State of Texas,
acting through the Texas Department of Transportation and the City of Cibolo, acting through
its duly authorized officials.
NOW, THEREFORE, BE IT RESOLVED BY TFIE CITY COUNCIL OF THE CITY OF
CIBOLO THAT:
Section 1. The above recitals are found to be true and correct and are hereby adopted
verbatim as if recited herein.
Section 2. The City Council hereby authorizes an Advanced Funding Agreement with
the State of Texas for a Transportation Alternatives Set -Aside (TASA) Program Project (MPO -
Selected Off System).
Section 3. The City Manager is authorized to execute all documents necessary to
complete this transaction.
Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
DULY PASSED AND APPROVED this %0 day of Dcsce,4 2024.
ATTEST:
Peggy Cimics, TRMC
City Secretary
CITY OF CIBOLO, TEXAS
Mark Allen