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May 1, 2007 <br />Metropolitan Transportation Commission <br />1624 Franklin Street, Suite 1206 <br />Oakland, CA 94612 <br />Ladies and Gentlemen: <br />Subject: Eligibility for Transportation Development Act Funds <br />This communication will serve as the requisite opinion of counsel in connection with the <br />application of the City of Pleasanton for an allocation of Transportation Development Act <br />(TDA) and Measure B Funds. <br />The City of Pleasanton is authorized to provide and assist public transportation by <br />acquisition, construction and operation of existing or additional transit facilities. <br />"Phis assistance may be provided directly or by contractual arrangements with <br />other parties. <br />2. The City of Pleasanton is an eligible claimant for "fDA funds pursuant to PUC <br />Section 99275. <br />2a. "fhe City of Pleasanton is an eligible claimant For Alameda County Measure B <br />funds. <br />3. [have reviewed the pertinent State and local laws, and I am of the opinion that <br />there is no legal impediment to the City of Pleasanton making application for <br />TDA fttnds. Furthermore, as a result of my examinations, I find that there is no <br />pending or threatened litigation which might in any way adversely affect the <br />proposed projects, or the ability of the City of Pleasanton to carry out such <br />projects. <br />Michael H. Roush, City Attorney <br />City of Pleasanton <br />