Res 2019-025/approving an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ Nos. 0016-09-040 and 0366-01-079), for the Guadalupe Street Improvements Project from University Drive to Grove Street,

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""" .... _.... CSJ # ........ _... ......... ................... . ......... . 0016-09-040 and 0366-01-079 CSJ # District # 14-AUS ........__ ...... ........................_ Code Chart 64 # _ ........ ......... ..._....._. ........ 37950 Project Name Loop 82 Improvement-Phase STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Locally funded roadway improvement project On -System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of San Marcos, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the State and Local Government do not anticipate that federal funds will be used for the Project governed by this Agreement; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 authorizing the State to undertake and complete a highway improvement generally described as Guadalupe Street Improvements, Phase -1 (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated February 5, 2019, which is attached to and made a part of this Agreement as Attachment A, Resolution or Ordinance, for the improvement covered by this Agreement. A map showing the Project location appears in Attachment B, Location Map Showing Project, (Attachment B) which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows Page 1 of 12 AFA NonFed Lon en Rev. 11/20/2017