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9. That, in the case of a highway project, APPLICANT agrees to comply with the <br /> requirements of MTC's Traffic Operations System(TOS) Policy as set forth in MTC Resolution <br /> No. 4104; and <br /> 10. That, in the case of an RTIP project, PROJECT is included in a local congestion <br /> management plan, or is consistent with the capital improvement program adopted pursuant to <br /> MTC's funding agreement with the countywide transportation agency; and <br /> 11. That APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY <br /> FUNDING funded projects; and <br /> 12. That APPLICANT is authorized to submit an application for REGIONAL <br /> DISCRETIONARY FUNDING for the PROJECT; and <br /> 13. That there is no legal impediment to APPLICANT making applications for the <br /> funds; and <br /> 14. That there is no pending or threatened litigation that might in any way adversely <br /> affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and <br /> 15. That APPLICANT authorizes its City Manager to execute and file an application <br /> with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in <br /> this resolution; and <br /> 16. That a copy of this resolution will be transmitted to the MTC in conjunction with <br /> the filing of the application; and <br /> • <br /> 17. That the MTC is requested to support the application for the PROJECT described <br /> in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal <br /> by the project sponsor for TIP programming. <br /> Introduced by Councilmember Cutter and passed and adopted this 21st day of July, 2014, <br /> by the following vote: <br /> Members of the Council: <br /> AYES: Councilmembers Cutter, Gregory, Lee, Reed, Souza; Mayor Cassidy (6) <br /> NOES: None (0) - <br /> ABSENT: Councilmember Prola (1) <br /> ATTEST: <br /> 04 <br /> Marian Handa, City Clerk <br /> RESOLUTION NO.2014-080 4 <br />