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<br />TxDOT Contract No. PT 2005-001-01 <br /> <br />STATE OF TEXAS <br />COUNTY OF TRAVIS <br /> <br />~ <br />~ <br /> <br />24 <br /> <br />PASS~HROUGHTOLLAGREEMENT <br /> <br />THIS AGREEMENT is entered between the State of Texas and the Developer under <br />Transportation Code, ~222.1 04. <br /> <br />Contracting Parties: <br />The Department: <br />The Developer: <br /> <br />The Texas Department of Transportation <br />The City of San Marcos, Texas <br /> <br />BACKGROUND <br /> <br />Texas Transportation Code, ~201.1 03, authorizes the Department to plan and to make policies <br />for the location, construction, and maintenance of a comprehensive system of state highways <br />and public roads. Transportation Code, ~222.1 04, authorizes the Department to enter into <br />pass-through toll agreements for the purpose of improving the state highway system. The <br />Texas Transportation Commission has implemented this provision by enacting rules to be <br />found at 43 TAC Chapter 5, Subchapter E. On December 13, 2001, the Texas Transportation <br />Commission passed Minute Order 108745, authorizing the expansion of FM 3407. On May <br />26, 2005, the Texas Transportation Commission passed Minute Order 110089, authorizing the <br />Department to enter a pass-through toll agreement with the Developer. The governing body of <br />the Developer has authorized entering into this agreement by resolution or ordinance. <br />Attachment A (Location Map), Attachment B (Project Description and Scope of Work), <br />Attachment C (Budget), Attachment D (Project Implementation), and Attachment E <br />(Resolution) are attached to and incorporated by reference in this agreement. The highway <br />improvements described in Attachment B are referenced in this agreement as the Project. <br /> <br />AGREEMENT <br /> <br />1. Effective Date <br />This agreement becomes effective when signed by the last party whose signing makes the <br />agreement fully executed. <br /> <br />2. Amendments <br />Amendments to this agreement must be in writing and executed by both parties. <br /> <br />3. Scope of Work <br />The scope of work for the Project as approved by the Texas Transportation Commission <br />consists of the extension and widening of FM 3407 from its intersection at FM 2439 <br />westward to intersect with RM 12. The scope of work is described in more detail in <br />Attachment B, which is attached to and incorporated by reference in this agreement. The <br />improvements listed in Attachment B will be referenced in this agreement as the Project. <br /> <br />4. Sources and Uses of Funds <br />a. The total estimated cost of the Project is shown in Attachment C, which is attached to <br />and incorporated by reference in this agreement. Attachment C includes expected <br /> <br />Page 1 of 10 <br />