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RES 1518 10/13/2015 or C/9 O r � rex ns "c:iry of Choice" RESOLUTION NO. 1518 A RESOLUTION BETWEEN THE STATE OF TEXAS,ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION,AND THE CITY OF CIBOLO,TEXAS ON AN AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS. WHEREAS, Texas Transportation Code § 201.103 and 222.052 establish that the State shall design, construct,and operate a system of highways in cooperation with local governments; and WHEREAS,Texas Transportation Code § 201.209 authorizes the State and a Local Government(City of Cibolo)to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No FM 1103 from Comal County Line to Rodeo Way, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities; and WHEREAS, the City of Cibolo requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project within the Cibolo City limits; and WHEREAS, the City of Cibolo desires to enter into a fixed price joint participation agreement pursuant to 43 TAC § 15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities within the Cibolo City limits for the proper improvement of the State Highway System; and WHEREAS, the City of Cibolo's portion of the right of way funding will be funded in February 2016; and WHEREAS,the Cibolo City Council hereby authorizes the City Manager to execute an Agreement with the Department of Transportation to contribute right of way funds for Highway FM 1103. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS HAS PASSED, APPROVED, ANP_ DOPTED THIS RESOLUTION on this 13'h day of October,2015. Jay"1le Mayor Pro-Tem ATTEST: Peggy Cimics City Secretary