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CM-07-11-253NON -REVENUE USER AGREEMENT As a user of Non -Revenue Account, and utilizing Non -Revenue License Recognition as established to this agency by the Central Texas Regional Mobility Authority, I have read the applicable portion of Section 370.177, Texas Transportation Code and Section 503(b) of the Master Indenture authorizing the Authority's outstanding revenue bonds, both of which cover free passage of toll roads by authorized emergency vehicles. Section 370.177, Texas Transportation Code, provides a specific exemption from toll payments. This exemption is limited to, authorized emergency vehicles as defined by Section 541.201, Texas Transportation Code. Section 541.201 defines "authorized emergency vehicle" to include : (A) a fire department or police vehicle; (B) a public or private ambulance operated by a person who has been issued a license by the Texas Department of Health; (C) a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality; (D) a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency; (E) an industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas; or (F) a vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs. The Authority has a provision in their Master Indenture which allows for free passage for Authorized Emergency Vehicles. By providing applicable License Plate Numbers, you and all employees using the CTRMA system agree to abide by the terms and conditions set forth in this agreement. The License Plates Numbers are not for personal or private use and may not be transferred, loaned or otherwise used by anyone other than the authorized users. To the extent of any conflict or inconsistency between your internal policy respecting use of these License Plates Numbers terms and conditions of this agreement, this letter shall control. By providing the License Plate Numbers, you and all employees using the CTRMA system agree to abide by the terms and conditions set forth in this letter. You will provide updates to the License Plate List whenever a new vehicle is put into service and/or vehicle license plates are removed or taken out of service. On a yearly basis, you will permit the CTRMA to audit use of the License Plate imaging. CP✓I-11-/!-33 00125280/ps C071116-2 0117.0700 This agency agrees to abide by the requirements of both Texas law and the Authority's Master Indenture while utilizing CTRMA toll facilities. CITY OF ROUND ROCK, TEXAS By: ATTEST: By: . Nuse, City Manager Sara Whi City Secretary FOR CITY, APPROVED • S TO FORM: By: N•11, • ) Stepha L. Sheets, City Attorney 2 DATE: November 19, 2007 SUBJECT: City Manager Approval, November 9, 2007 ITEM: Request that the City Manager signs the attached Non -Revenue User Agreement between Central Texas Regional Mobility Authority and City of Round Rock. Department: Finance Department Staff Person: Cheryl Delaney Justification: The signing of this agreement will enable free passage on toll roads by authorized City of Round Rock emergency vehicles, per section 370.177, Texas Transportation Code. Funding: Cost: None Source of funds: N/A Outside Resources: N/A Background Information: Section 370.177, Texas Transportation Code, provides a specific exemption from toll payments. This exemption is limited to, authorized emergency vehicles as defined by Section 541.201, Texas Transportation Code. The City will provide a current master list of License Plate Numbers associated with emergency vehicles, and will provide updates to the license plate list whenever a new vehicle is put into service and/or vehicle license plates are removed or taken out of service. Public Comment: N/A