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RESOLUTION NO. 61 SERIES 2021 A RESOLUTION APPROVING A SECOND AMENDMENT OF INTERGOVERNMENTAL AGREEMENT FOR HAZARDOUS MATERIALS MANAGEMENT WHEREAS, the City of Louisville, the County of Boulder, the City and County of Broomfield, the City of Boulder, the City of Lafayette, the City of Longmont, the Town of Erie, and the Town of Superior, are parties to that certain Intergovernmental Agreement for Hazardous Materials Management, dated January 30, 2014, as amended by that certain Renewal & Amendment of the Intergovernmental Agreement for Hazardous Materials Management, dated January 1, 2019 (collectively, the "Agreement"); and WHEREAS, the parties have determined that an expansion to the Hazardous Materials Management Facility (the "Expansion") is necessary in order to meet the current and growing needs of the Boulder County community for hazardous materials management collection; and WHEREAS, as required by the Agreement, the parties have been contributing to a fund to be used only for future equipment needs or facility expansion or replacement ("Restricted Fund"), but the total amount currently in the Restricted Fund is insufficient to finance the cost of the Expansion; and WHEREAS, in the Agreement, the parties anticipated that there may one day be a need for an Expansion, and that the costs of such Expansion would be shared proportionally among the parties; and WHEREAS, now that the details and cost of the Expansion have been determined, there has been proposed a Second Amendment to the Agreement in order to approve the use of the Restricted Fund to finance the Expansion and to clarify the financial commitments of each Party related to financing the Expansion in full; and WHEREAS, the parties are authorized to enter into the Second Amendment pursuant to their respective charters, ordinances and state law, including but not limited to C.R.S. § 29-1-203, and the City Council of the City of Louisville by this Resolution desires to approve the Second Amendment and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed Second Amendment of Intergovernmental Agreement for Hazardous Materials Management ("Second Amendment") by and among the City of Louisville, the County of Boulder, the City and County of Broomfield, the City of Boulder, the City of Lafayette, the City of Longmont, the Town of Erie, and the Town of Superior, is hereby approved in essentially the same form as the copy of such Second Amendment accompanying this Resolution. Resolution No. 61, Series 2021 Page 1 of 2