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<br />~ <br />f <br />- Texas Department of Transportation' <br />ronn D-\5-\"2.9 Rev. 9}91 <br /> <br />.r- <br /> <br />y/ß <br /> <br />Agreement to Contribute Funds <br />(City Fonn) <br /> <br />Contract No. NA <br />County Hays <br />Federal Project No. NA <br />CSJ No. 229301015 <br />ROW Account No. 8014-1-90 <br /> <br />THE STATE OF TEXAS <br /> <br />COUNTY OF TRAVIS <br /> <br />This Agreement by and between the State of Texas, actiTJ.g by and through the Texas Department of <br />Transportation, hereinafter called the State, and San Marcos <br />Texas, acting by and through its duly authorized official under Ordinance dated the <br />8th day of July 19î§.., hereinafter called the City, shall be effective <br />on the date of approval and execution by and on behalf of the State. <br /> <br />WHEREAS, the State has previously requested the City to enter into a contractual agreement <br />and acquire right of way for a highway project on Highway No. F . M. 2439 with the <br />following project limits: <br />From: FM 3407 <br />To: San Marcos 'City Limits <br /> <br />; and <br /> <br />WHEREAS, the City has now requested that the State assume responsibility for acquisition of <br />all necessary right of way for said highway project; and <br /> <br />WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per- <br />cent of the cost of the said right of way for the proper development and construction of the State <br />Highway System; . <br /> <br />NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be <br />derived therefrom, the City shall contribute to the State an amount equal to ten (10) percent of the <br />cost of the right of way to be acquired by the State and shall transmit to the State with the return <br />of tills agreement, duly executed by the City, a warrant or check payable to the Texas Department <br />of Transportation in the amount of Eighteen-Thousand-Five-Hundred-Fifty ------- Dollars <br />($ 18,550.00 ), which represents ten (10) percent of the estimated cost of the right of way. <br />However, if it is found that this amount is insufficient to pay the City's obligation, then the City, <br />upon request of the State, will forthwith supplement this amount in such amount as is requested <br />by the State. Upon completion of the highway project and in the event the total amount as paid by <br />the City is more than ten (10) percent of the actual cost of the right of way, any excess amount <br />will be returned to the City by the State. Cost of the right of way acquired by the State shall <br />mean the total value of compensation paid to owners, including but not limited to utility owners, <br />for their property interests either through negotiations or eminent domain proceedings. <br /> <br />CITY °Q.- SAN MARCOS , TEXAS <br /> <br />BY:~~Õ' ~ <br /> <br />ayor <br /> <br />EXECUTION RECO:MMENDED: <br /> <br />~L,~ <br /> <br /> <br />THE STATE OF TEXAS <br /> <br />Certified as being executed for the purpose and effect of <br /> <br />activating and/or carrying out the orders, established <br /> <br />policies or work programs heretofore approved and <br /> <br />authorized by the Tex Transportation Commission <br />under the authority 0 . e Order Y/.3 <br /> <br />By: ~~ <br />Right of Way <br /> <br /> <br /> <br />A TrEST: ./ ~ <br />11 ~~;J ex. ~¡£~~ / <br /> <br />Date: <br /> <br />1.-JIJ-CJ7 <br />