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Res 2020-086/approving an Advanced Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (CSJ No. 0016-03-114),for drainage and landscaping betterments along IH-35 from south of SH 80 (Hopkins St) to north
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Res 2020-086/approving an Advanced Funding Agreement (AFA) with the State of Texas, acting through the Texas Department of Transportation (CSJ No. 0016-03-114),for drainage and landscaping betterments along IH-35 from south of SH 80 (Hopkins St) to north
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7/28/2021 8:49:24 AM
Creation date
5/8/2020 10:03:19 AM
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Resolutions
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Agreement
Number
2020-86
Date
4/21/2020
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CSJ # 0016-03-114 <br />District # 14-AUS <br />Code Chart 64 # 37950 <br />SH 123 Drainage and Landscape <br />Project Name <br />Betterment <br /> <br /> <br />All notices shall be deemed given on the date so delivered or so deposited in the mail, <br />unless otherwise provided in this agreement. Either party may change the above <br />address by sending written notice of the change to the other party. Either party may <br />request in writing that such notices shall be delivered personally or by certified U.S. mail <br />and such request shall be honored and carried out by the other party. <br /> <br />14. Sole Agreement <br />In the event the terms of the agreement are in conflict with the provisions of any other <br />existing agreements between the Local Government and the State, the latest agreement <br />shall take precedence over the other agreements in matters related to the Project. <br /> <br />15. Successors and Assigns <br />The State and the Local Government each binds itself, its successors, executors, <br />assigns, and administrators to the other party to this agreement and to the successors, <br />executors, assigns, and administrators of such other party in respect to all covenants of <br />this agreement. <br /> <br />16. Amendments <br />By mutual written consent of the parties, this agreement may be amended in writing prior <br />to its expiration. <br /> <br />17. State Auditor <br />Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an <br />audit or investigation of any entity receiving funds from the state directly under the <br />contract or indirectly through a subcontract under the contract. Acceptance of funds <br />directly under the contract or indirectly through a subcontract under this contract acts as <br />acceptance of the authority of the state auditor, under the direction of the legislative <br />audit committee, to conduct an audit or investigation in connection with those funds. An <br />entity that is the subject of an audit or investigation must provide the state auditor with <br />access to any information the state auditor considers relevant to the investigation or <br />audit. <br /> <br />18. Signatory Warranty <br />Each signatory warrants that the signatory has necessary authority to execute this <br />Agreement on behalf of the entity represented. <br /> <br /> <br />Page 5 of 6 <br />AFA VolTIP Revised 10/13/2017 <br /> <br />
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