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<br />SEWER AGREEMENT <br /> <br />,. <br />~ <br /> <br />THIS AGREEMENT made and entered into this 21st day of <br />January , 1992, by and between the TOWN OF SUPERIOR, a <br />municipal corporation of the State of Colorado, hereinafter <br />referred to as "Superior", acting by and through its Mayor and Town <br />Clerk, upon the prior approval and authority of its Board of <br />Trustees, and the CITY OF LOUISVILLE, a municipal corporation of <br />the State of Colorado, hereinafter referred to as "Louisville", <br />acting by and through its Mayor and City Clerk, upon the prior <br />approval and authority of its City Council, <br /> <br />WITNESSETH: <br /> <br />That, <br /> <br />WHEREAS, Louisville and superior each recognize that the <br />health, safety, and welfare of the present and future inhabitants <br />in Louisville and Superior, within the Coal Creek Basin, are in <br />significant part dependent upon the provision of adequate sewage <br />collection and sewage treatment services to Louisville and Superior <br />in accordance with applicable state and federal laws; and <br /> <br />WHEREAS, this purpose can best be accomplished in an <br />economical and satisfactory manner by cooperation between <br />Louisville and superior in the planning, financing, construction, <br />and operation of certain facilities for the collection and <br />treatment of sewage in the Coal Creek Basin; and <br /> <br />WHEREAS, Louisville and Superior entered into an agreement <br />dated May 18, 1982 (hereinafter 1982 Sewer Agreement), which <br />addressed the issue of sewage collection; and <br /> <br />WHEREAS, litigation regarding the meaning of the 1982 Sewer <br />Agreement is pending and it is in the best interests of Louisville <br />and Superior to mutually determine the respective obligations of <br />each to the other; and <br /> <br />WHEREAS, Louisville and Superior each recognize that it is in <br />their best interests to rescind the 1982 Sewer Agreement and enter <br />into this Sewer Agreement; and <br /> <br />WHEREAS, this Agreement is made under and conformable to the <br />ordinances, rules, and regulations of Louisville and Superior, as <br />amended from time to time. Insofar as is applicable, said <br />ordinances, rules, and regulations are incorporated herein and made <br />a part hereof and shall supersede any apparently conflicting <br />provision otherwise contained in this Agreement; and <br /> <br />Whereas, neither Louisville nor superior is aware of any <br />conflict between this Agreement and its own ordinances, rules, or <br />regulations as of the effective date of this Agreement; and <br /> <br />1 <br />