Res 2025-135 authorizing an Advanced Funding Agreement (AFA) with the Texas Department of Transportation, relating to the Wallace Addition Offsite Drainage Improvement Project

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CCSJ# 0987-03-018 AFA CSJs 0987-03-018, RCSJ 0987-03-019 District# 14 AFA ID I Z00011619 Code Chart 64# 37950 Project Name FM 621 South of SH 123 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For LOCAL DRAINAGE IMPROVEMENT PROJECT On-System THIS AGREEMENT (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 Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, 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 116762 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as drainage improvements. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated August 5t", 2025, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order. A map showing the Project location appears in Attachment A, Location Map Showing Project, (Attachment A) 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 13 AFA NonFed LongGen Rev. 3/6/2024