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RESOLUTION NO. 49 SERIES 2016 A RESOLUTION APPROVING AN AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BULLHEAD GULCH WHEREAS, the City of Louisville ("City") and Urban Drainage and Flood Control District ("District") desire to construct improvements to Bullhead Gulch at the BNSF Railroad Crossing; and WHEREAS, an agreement has been proposed between the City and the District setting forth the rights and obligations of the City and District with respect to the design, right-of-way acquisition and construction of drainage and flood control improvements for Bullhead Gulch at the BNSF Railroad Crossing; and WHEREAS, the City Council finds that the proposed agreement is in the best interests of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The City Council hereby approves the proposed Agreement Regarding Final Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Bullhead Gulch at BNSF Railroad Crossing ("Agreement"), in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement on behalf of the City, except that the Mayor is hereby further granted authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Agreement are not altered. 3. The Mayor, City Manager, Director of Public Works and City staff are hereby authorized to execute all documents and do all other things necessary on behalf of the City to perform the obligations of the City under the Agreement. PASSED AND ADOPTED this 18th day of Oc).ipber, 2016. ATTEST: Robert P. Muckle, Mayor Mere Muth, City Clerk Resolution No. 49, Series 2016 Page 1 of 1