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CSJ #0285 -03 -048 <br />RCSJ # oAT5 ostoS0 <br />District #14 <br />Code Chart 64 #37950 <br />RM 12: Pioneer Farms to San <br />Marcos Baptist Academy <br />CFDA # 20.205 <br />THE STATE OF TEXAS § tif <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 <br />Texas Department of Transportation ( "State ") and the City of San Marcos ( "Utility "), <br />WITNESSETH <br />WHEREAS, Transportation Code, Chapters 201, 221, 227 and 361, authorize the State to lay <br />out, 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 §227.015, <br />Transportation Code, §203.092 authorize the State to regulate the placement of public utility <br />facilities along a state highway; and, <br />WHEREAS, Texas Transportation Commission Minute Order Number 111879 authorizes the <br />State to undertake and complete a highway improvement generally described as: add center <br />turn lane ( "Project "); and, <br />WHEREAS, Utility possesses facilities that are affected by the abovementioned highway <br />improvement, and Utility and the State agree that it is more economical and /or efficient for such <br />relocation to be effected by including said contract in the State's highway construction contract; <br />and, <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 />Article 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 effect <br />until the Project described herein has been completed and accepted by all parties or unless <br />terminated, as hereinafter provided. <br />Article 2. Project Funding and Work Responsibilities <br />A. The State will authorize the performance of only those Project items of work which are <br />eligible for relocation reimbursements or for which Utility has requested and has agreed <br />AFA— AFA — Utility Page 1 of 9 Revised 07/20/10 <br />