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STATE OF TEXAS § <br />COUNTY OF TRAVIS § <br />CSJ #0914 -33 -028 <br />District # 14 <br />Code Chart 64 937950 <br />Cape Road at San Marcos River <br />NBI Structure #141060B00158001 <br />ADVANCE FUNDING AGREEMENT <br />For Bridge Replacement or Rehabilitation <br />Off the State System <br />49 ORIGINAL <br />THIS Advance Funding Agreement (the Agreement) is made by and between the State of <br />Texas, acting by and through the Texas Department of Transportation, hereinafter called the <br />"State ", and the City of San Marcos, acting by and through its duly authorized officials, <br />hereinafter called the "Local Government." <br />WITNESSETH <br />WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the <br />States in the replacement or rehabilitation of deficient bridges located on public highways, roads <br />and streets, including those under the jurisdiction of local governments; and <br />WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the <br />State shall plan and make policies for the construction of a comprehensive system of state <br />highways and public roads in cooperation with local governments; and <br />WHEREAS, the Local Government owns a bridge or bridges located on a public road or street <br />located at Cape Road at San Marcos River and said bridge(s) is included in the currently <br />approved off -state system federal -aid Highway Bridge Replacement and Rehabilitation Program <br />(HBRRP) as authorized by Texas Transportation Commission Minute Order number 110479, <br />dated March, 2006; and <br />WHEREAS, the Governing Body of the Local Government has approved entering into this <br />Agreement by resolution or ordinance which is attached hereto and made a part hereof as <br />Attachment A and which provides for development of the specific programmed replacement or <br />rehabilitation project, hereinafter called the "Project ", identified in the location map shown as <br />Attachment B. <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set <br />forth, it is agreed as follows: <br />Bridge- Bridge_AFA Page 1 of 15 Bridge Division <br />Rev 04/17/06 10- 2002 -L.1 <br />