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Res 11-16 Executing an Amendment to the Advanced Funding Agreement with TxDot TOWN OF WESTLAKE RESOLUTION NO. 11-16 CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), RELATING TO THE REVIEW OF A PRELIMINARY ENGINEERING STUDY FOR THE EXTENSION OF FM 1938 FROM FM 1709 TO SH 114. WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake and Keller for the engineering of FM 1938; and WHEREAS, on July 14, 2003, by Resolution No. 3-38, the Town Council approved the Local Transportation Project Advance Funding Agreement for Voluntary Transportation Improvement Projects (Off-System) with the Texas Department of Transportation (TxDOT), relating to the review of a preliminary engineering study for the extension of FM 1938 from FM 1709 to SH 114; and WHEREAS, the State of Texas cancelled said project after the Texas Transportation Commission changed this proposed facility from an off-system roadway to an on-system roadway; and WHEREAS, all the charges related to said project were moved out of CSJ No. 0902-48- 544 to CSJ No. 1978-01-048, STP 2009(880)MM project by TxDOT; and WHEREAS, the State of Texas has requested the Town of Westlake, the City of Southlake, and the City of Keller agree to terminate the said original contract for CSJ No. 0902- 48-544. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2. THAT the Town Council of the Town of Westlake, Texas hereby approves Amendment No. 1 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation(TxDOT), relating to the review of a preliminary engineering for the extension of FM 1938 from FM 1709 to SH 114; and further authorizes the Town Manager to execute said agreement attached as Exhibit "A"on behalf of the Town of Westlake, Texas. Resolution 11-16 Page 1 of 2 SECTION 3: if any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13TH DAY OF JUNE 2011. O�N OF M Laura Wheat, Mayor ATTEST: f / KellEdwarfA, Town Secretary T m Br o Manager APPROVED AS TO F RM: L. tanton Lo , ow ttorney Resolution 11-16 Page 2 of 2 CSJ#0902-48-544 District#02-Fort Worth Code Chart 64#45150,40050,21750 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility Federal Highway Administration CFDA#20.205 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT#1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the Town of Westlake and the Cities of Southlake and Keller, acting by and through their City Councils, hereinafter called the Local Government(s). WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 51"of August 2003,to effectuate their agreement to review the preliminary engineering to study a facility for upgrade to a farm to market facility from SH 114 to FM 1709,a distance of approximately 3.6 miles; and, WHEREAS, the State cancelled this project after the Texas Transportation Commission changed this location from an off- system to an on-system; and, WHEREAS, all charges related to this project were moved to 1978-01-048, Project: STP 2009(880)MM; and, WHEREAS, it has become necessary to terminate 0902-48-544 contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items The termination of the original agreement becomes effective when this amendment is signed by the last party. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization represented. IN WITNESS WHEREOF,THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. AFA-AFA Amend Page 1 of 2 Revised 10-11-10 CSJ#0902-48-544 District#02-Fort Worth Code Chart 64#45150,40050,21750 Project: Review of Preliminary Engineering to study a facility for upgrade to a farm to market facility Federal Highway Administration CFDA#20.205 THE LOCAL GOVERNMENT THE LOCAL GOVERNMENT Town of Westlake City of Southlake Name of Local Government Name of Local Government By: r' ° B SignatuRp/ Si re Printed Name i" Printe Name —/-- '00 /fir✓ Title Title Date Date THE LOCAL GOVERNMENT THE STATE OF TEXAS Executed for the Executive Director and City of Keller approved for the Texas Transportation Name of Local Government Commission for the purpose and effect of activating and/or carrying out the orders., By: established policies or work programs Sigfiature heretofore approved and authorized by the fl �•Lia Texas Transportation C fission. Printed Nam4 By. ti A,/& diet.- Si nature ice Mullenix Title Director of Contract Services Date Date AFA-AFA Amend Page 2 of 2 Revised 10-11-10