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RESOLUTION N0.38 <br />SERIES 2008 <br />A RESOLUTION APPROVING A PIPELINE LICENSE AGREEMENT WITH <br />BURLINGTON NORTHERN SANTE FE (BNSF) RAILWAY COMPANY FOR A <br />PIP>H;LINE CROSSING ASSOCIATED WITH THE DILLON ROAD PROJECT <br />WHEREAS, the City of Louisville has previously authorized and approved the Dillon <br />Road Project for reconstruction of, and drainage and roadway improvements on and adjacent to <br />Dillon Road from 96th Street to a point approximately 700 feet east of South 104th Street, and <br />including a traffic signal at the intersection of Dillon Road and Pierce Avenue (hereinafter <br />referred to as the "Project"); and <br />WHEREAS, the Project includes a storm water pipeline crossing of the BNSF railway; <br />and <br />WHEREAS, a Pipeline License bel;ween the City and BNSF Railway Company has been <br />proposed for such crossing; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />1. The proposed Pipeline License Agreement between the City of Louisville and BNSF <br />Railway Company for a storm water pipeline crossing associated with the Dillon Road Project (the <br />"License Agreement"), is hereby approved in essentially the same form as the copy of such License <br />Agreement accompanying this Resolution. <br />2. The Mayor is authorized to execute the License Agreement on behalf of the City, <br />except that the Mayor is hereby further granted authority to negotiate and approve such revisions to <br />said License Agreement as the Mayor determines are necessary or desirable for the protection of the <br />City, so long as the essential terms and conditions of the License Agreement are not altered. <br />D AND ADOPTED this C ~~ ~ day <br />a.o C. <br />a~ ~ ~~ ~~~~p - <br />.~ a. ~id.iso B. <br />Eli ~~,~ • Nimes, <br />e ~` ~ <br />~e t <br />n f <br />`~'~ ~. L. <br />ATT ~T': <br />'~ e <br />°~~ .~ <br />Nancy Varra, City Clerk <br />