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CSJ #0016-03-114 <br />ROW CSJ #0016-03-115 <br />U#15694, Utility ID# 000000284 <br />District #14 -Austin <br />Code Chart 64 #37950 <br />Project: IH 35 at SH 123, from South of SH <br />80 to North of RM 12 <br />STATE OF TEXAS § <br />COUNTY OF TRAVIS § <br />ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION <br />- CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS <br />THIS AGREEMENT is made by and between the State of Texas, acting through the Texas <br />Department of Transportation ("State") and City of San Marcos ("Utility"), <br />WITNESSETH <br />WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, <br />construct, maintain, and operate a system of streets, roads and highways that comprise the <br />State Highway System; and, <br />WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092 <br />authorizes the State to regulate the placement of public utility facilities along a state highway; <br />and, <br />WHEREAS, Texas Transportation Commission Minute Order Number 115005 authorizes the <br />State to undertake and complete a highway improvement generally described as: reconstruct <br />IH 35 mainlane bridge at SH 123, northbound frontaqe road bridqes at San Marcos River and <br />Willow Sprinqs Creek, add auxiliary lanes, widen SH 123 intersection. and pedestrian <br />improvements ("Project"); and, <br />WHEREAS, Utility possesses facilities that are affected by the above mentioned highway <br />improvement and Utility, and the State agrees that it is more economical or efficient for such <br />relocation to be effected by including said contract in the State's highway construction contract; <br />NOW THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the <br />State and Utility do agree as follows: <br />AGREEMENT <br />1. Time Period Covered <br />This agreement becomes effective when signed by the last party whose signing makes the <br />agreement fully executed, and the State and Utility will consider it to be in full force and <br />effect until the Project described in this agreement has been completed and accepted by all <br />parties or unless terminated, as provided. <br />AFA Utility Page 1 of 5 Revised 02/20/2019 <br />