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<br /> 126 <br /> COUNTY : Hays <br /> HIGHWAY : IH35 <br /> CSJ : 0016-03-073 <br /> ADVANCE FUNDING AGREEMENT <br /> THE STATE OF TEXAS § <br /> THE COUNTY OF TRAVIS § <br /> THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the <br /> Texas Department of Transportation, hereinafter called the State, and the City of San Marcos, <br /> acting through its duly authorized officials, hereinafter called the "Outside Entity". <br /> WITNESSETH <br /> WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorizes the <br /> State to layout, construct, maintain, and operate a system of streets, roads, and highways that <br /> comprise the State Highway System; and, <br /> WHEREAS, Commission Minute Order Number 107365 authorizes the State to undertake and <br /> complete highway improvements generally described as the reconstruction of an interchange; and, <br /> WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to <br /> participate in said improvement by funding that portion of the improvement described as <br /> reconstructing the interchange at the intersection of IH 35 and Centerpoint Road in the City of <br /> San Marcos, hereinafter called the "Project"; and, <br /> WHEREAS, the State has determined that such participation is in the best interest of the citizens <br /> of the State; 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 respectively kept and performed as hereinafter set <br /> forth, the State and the Outside Entity agree as follows: <br /> Page 1 of 8 <br />