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CSJ #0016 -09 -033 <br />District #14 <br />` Code Chart 64 #37950 <br />LP 82 Overpass at UPRR <br />CFDA #:20.205 <br />STATE OF TEXAS § <br />COUNTY OF TRAVIS § 4 <br />LOCAL TRANSPORTATION PROJECT oa' <br />ADVANCE FUNDING AGREEMENT <br />For A <br />Federal Earmark Project <br />On- System <br />THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by <br />and through the Texas Department of Transportation hereinafter called the "State ", and the <br />city of San Marcos, acting by and through its duly authorized officials, hereinafter called the <br />"Local Government." <br />WITNESSETH <br />WHEREAS, federal law establishes federally funded programs for transportation <br />improvements to implement its public purposes; and <br />WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that <br />the State shall design, construct and operate a system of highways in cooperation with local <br />governments; and <br />WHEREAS, federal and state laws require local governments to meet certain contract <br />standards relating to the management and administration of State and federal funds; and <br />WHEREAS, the Texas Transportation Commission passed Minute Order 112237, authorizing <br />the State to undertake and complete a highway improvement generally described as <br />construct new railroad overpass; and, <br />WHEREAS, the Governing Body of the Local Govern ent has approved entering into this <br />Agreement by resolution or ordinance dated 02 % // <br />which is attached <br />hereto and made a part hereof as Attachment A for environmental documentation, roadway <br />and bridge design, railroad coordination, right of way maps and utility coordination, including <br />relocation and adjustments, for the new Loop 82 Union Pacific Railroad Overpass in San <br />Marcos, at the location shown on the Map in Attachment B, hereinafter referred to as the <br />Project. <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them respectively kept and performed as <br />hereinafter set forth, it is agreed as follows: <br />AFA- AFA_LongGen Page 1 of 11 Revised 07/07/2010 <br />