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HomeMy Public PortalAboutLegal Opinion-DOT 12.20.07 December 21, 2007 Georgia Department of Transportation Office Of Planning No. 2 Capitol Square, SW Atlanta, GA 30334 RE: Contracts for Transportation Enhancement Activity Funds Dear Sir/Madame: This communication serves as the official opinion of counsel regarding the above-referenced matter pursuant to the requirements of the Transportation Equity Act for the 21st Century (TEA-21), P.L. 105-178 (1998). The City of Tybee Island, Georgia (hereinafter referred to as “SPONSOR”), has been approved for funding under TEA-21 and that the Federal Highway Administration (FHWA) has occurred in said approval. As such, I certify that SPONSOR is authorized to plan, construct and implement Transportation Enhancement Activity projects for the following reasons: 1. SPONSOR is authorized under the resolution of the Mayor and Council dated December 20, 2007 to plan, construct, implement and maintain Transportation Enhancement Activity projects. These functions may be carried out directly by SPONSOR or by agreements with other parties. 2. SPONSOR is authorized under the resolution of the Mayor and Council dated December 20, 2007 to provide for its share of project funds for the Transportation Enhancement Activity project. See Attached. Further, I certify that contracting for Transportation Enhancement Funds does not violate applicable Federal, State and/or local laws. Moreover, I certify that there is no pending litigation or other pending action that may adversely affect the proposed project in the program or SPONSOR’s ability to perform its duties under the contract. Sincerely, Edward M. Hughes Legal Counsel for the City of Tybee Island, Georgia EMH/bb