R2012-164 AUTHORIZING EXECUTION AND AMENDMENT OF FY-2013 TRANSIT OPERATING ASSISTANCE GRANT AGREEMENT

Home Browse Search

OPINION OF COUNSEL FOR THE CITY OF DECATUR, ILLINOIS RE: OPERATING GRANT AGREEMENT NO. 4333 STATE GRANT NUMBER: OP-13-08-IL 1, Wendy L. Morthland, do hereby certify that I am an attorney licensed by and duly admitted to practice law in the State of Illinois, and I am Corporation Counsel and attorney for the City of Decatur, Illinois. In this capacity, my opinion has been requested regarding the eligibility of the City of Decatur for grant assistance under the provisions of the Illinois Downstate Public Transportation Act, 30 ILCS 740/2-1 et seq. ("Act"). I have also reviewed the Downstate Operating Assistance Grant Agreement, Contract No. 4333, Grant No. OP-13-08-IL ("Agreement")tendered by the State of Illinois ("State")to the City of Decatur, and I hereby find the following: 1. The City of Decatur is an eligible "Participant" as defined in the Act. 2. There are no provisions in the charter or by-laws of the City of Decatur, or in the laws or rules of the State of Illinois, the United States of America, or any units of local government that preclude or prohibit the City of Decatur from entering into such Agreement. 3. The City of Decatur is fully empowered and authorized to enter into the Agreement and that Agreement, when executed by both parties, will be legally binding upon the City of Decatur and its successors and assigns. 4. The undersigned has no knowledge of any pending or threatened litigation, in either Federal or State court, which would adversely affect the Agreement or prevent the City of Decatur from contracting with the State for the purpose of receiving a Downstate Operating Assistance Grant. Based on the foregoing, I am of the opinion that the City of Decatur is an eligible recipient under the provisions of the Act, and that it is fully empowered and authorized to accept the grant from the State. � �;L Wend L. Morthland, Corporati Counsel Date City of Decatur, Illinois