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11/22/2005 10:22 5128327148 AUS DIST DESIGN PAGE 02/09 196. CSJ: OSt j1-060 County; Hays location: SH 123 at CR 266 & Monterey Oak E STATE OF TEXAS THE COUNTY OF TRAVIS t i 6: ORfGlNAl LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and City of San Marcos, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to layout, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code ~201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 108410 authorizes the State to undertake and cc Jlete a highway improvement generally described as intersection improvements; and, W ~REAS, the Local Governmen1 has requested that the State allow the Local Government to participate in said Improvement by fUl1ding that portion of the improvement described as constructing a left turn and fight turn/deceleration lane on SH 123 at CR 266 and left turn lane at Monterey Oak in Hays County, hereinafter called the "Project"; and, WHEREAS, Transportation Code, ~201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and perfonned as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the local Government has requested and has agreed to par r as described in Attachment A, Payment Provision and Wo(k Responsibilities which is atta ad to and made a part of this contract. 'n a't.:tdition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities. also specmes those Project items of work that are the AFA - LPAFAVolProj Page 1 of 7 Revised 6/13/05 Received NDV~ZZ~05 09:14 From~51za32714a To-City Of San Marcos Pale 002