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2013-29 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: April 22, 2013 RESOLUTION NO: 2013 -29 MOTION BY: McDonald SECONDED BY: Laufenburger A RESOLUTION FOR ADVANCEMENT OF MSAS FUNDS FOR THE HIGHWAY 101 (LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT NO. 12 -06 WHEREAS, the City of Chanhassen is planning to implement Municipal State Aid Street Project 194 - 010 -011 in 2013 that will require State Aid funds in excess of those available in its State Aid Construction Account, and in the Flexible Highway Account (Municipal Turnback Account); and WHEREAS, City of Chanhassen is prepared to proceed with the construction of Project 194 -010 -011 through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and in the Flexible Highway Account (Municipal Turnback Account); and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date 10/30/12 $ 1,500,000 Total Estimated Disbursements (194 -010 -011) $ Advance Amount (amount in excess of acct balance) $ WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b; and WHEREAS, City of Chanhassen acknowledges advance funds are released on a first - come- first -serve basis and this resolution does not guarantee the availability of funds; and WHEREAS, based on current statutes, appropriation practices, and funding levels, Municipal Turnback Account funds are expected to be available in 2016 to repay an advance from Municipal State Aid Street Fund; and WHEREAS, Minnesota Department of Transportation's Metropolitan District has agreed, by the attached letter from Scott McBride, MNDOT Metropolitan District Engineer, to Julie Skallman, State Aid Engineer, dated October 10, 2012, to repay the advance with district funds if the Municipal Turnback Account does not receive appropriations sufficient to repay the advance. WHEREAS, MNDOT Agreement No. 03649 provides $1,500,000. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that the Commissioner of Transportation is hereby requested to approve this advance for financing approved City of Chanhassen Municipal State Aid Street Project 194- 010 -011 in an amount up to $1,500,000.00. The Commissioner of Transportation hereby authorizes repayments from subsequent accruals to Chanhassen's Municipal State Aid Street Construction Account from future year allocations until fully repaid should the Minnesota Department of Transportation fail to make the payment established by MNDOT Agreement No. 03649. Passed and adopted by the Chanhassen City Council this 22 day of April, 2013. ATTEST: � l ik. (4."...,--s..._ T d G erhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Furlong None None Ernst McDonald Laufenburger Tj ornhom