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• RESOLUTION 2009-105R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, INCREASING THE CITY'S COST PARTICIPATION FROM $24,510.00 UP TO AN AMOUNT NOT TO EXCEED $50,714.24 IN PROJECT COSTS AS STIPULATED IN THE ADVANCE FUNDING AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A HAZARD ELIMINATION/SAFETY PROJECT (OFF-SYSTEM) FOR SESSOM DRIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ADVANCED FUNDING AGREMENT, AT THE APPROPRIATE TIME, ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On January 7, 2008, the City entered into an Advance Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation ("TxDOT") for a Hazard Elimination/Safety Project (Off-System) for Sessom Drive-CSJ #0914-33-041 (the "Project"). • 2. The AFA included the City's cost participation at $24,510.00 or ten percent of the cost of the improvements while the remaining ninety percent is to be paid for with federal funds. 3. Based on the current engineer's estimate, it is anticipated that the cost of the Project will increase from $245,101.00 to $507,147.24. This estimated increase in costs requires an increase in both the City's and TxDOT's participation in funding for the Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The increase in the City's cost participation in funding from $24,510.00 up to an amount not to exceed $50,147.24 for the Hazard Elimination/Safety Project (Off-System) for Sessom Drive-CSJ 40914-33-041 between the City and TxDOT is approved. PART 2. The City Manager, Rick Menchaca, is authorized to execute an amendment to the AFA, at the appropriate time, on behalf of the City. PART 3. This Resolution shall be in full force and effect immediately from and after its passage. ADOPTED this the 18th day of August, 2009. 0 1