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Resolution 12187CITY OF ALAMEDA RESOLUTION NO. 12187 ALLOCATING PROPOSITION 116 FERRY FUNDS FOR CITY OF ALAMEDA FERRY PROJECTS; ACCEPTING RESPONSIBILITY FOR OPERATING AND MAINTAINING FERRY VESSEL; ACCEPTING LEGAL LIABILITY AND AGREEING TO FUND OVERAGES FROM NON-STATE FUNDS WHEREAS, by Resolution No. 12098, at the April 16, 1991 City Council meeting, City Council authorized staff to apply for Proposition 116 Funds for Alameda Gateway Ferry Terminal upgrades and Alameda Municipal Ferry Vessel purchase; and WHEREAS, at the December 3, 1991 California Transportation Commission (CTC) meeting, CTC approved the City of Alameda's Gateway Ferry Terminal upgrade project and Alameda/Oakland Ferry Vessel Purchase subject to the City's obligation to: o Operate and maintain the ferry vessel; o 73 Indicate that the City has the financial and 73 institutional ability to accept legal liability for the Alameda Gateway Ferry Terminal enhancements and the ferry a) vessel purchase; o D) Pay any cost overages from local, federal or private (1) sources; NOW, THEREFORE, BE IT RESOLVED that the City Council of 0 the City of Alameda accepts the responsibility for operating and maintaining the ferry vessel; indicates that it has the financial and institutional ability to accept all legal liabilities associated with the terminal enhancements and vessel acquisition project, subject to the Port of Oakland Joint Powers Agreement and any contractor's agreements; and agrees to use local, federal, private or other Non-State funds to complete the project if the cost exceeds that stated in the Proposition 116 application. BE IT FURTHER RESOLVED that it is the intent of the City to contract with a private operator for the maintenance and operation of the vessel once it is procured. BE IT FURTHER RESOLVED that the City Manager of the City of Alameda, or his designee, is hereby authorized and empowered to execute in the name of the City of Alameda all necessary application, contracts, and agreements to implement and carry out the purposes specified in this resolution; BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to transmit a copy of this Resolution to the California Transportation Commission. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the seventh of January, 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this eighth day of January, 1992. Vq,c V1,f le) / Diane'B. FelSch, City Clerk City of Alameda