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ORDINANCE NO. 1399 <br />SERIES 2002 <br />AN ORDINANCE APPROVING AND AUTHORIZING AN ALLOTMENT CONTRACT <br />FOR AN ALLOTMENT OF WINDY GAP WATER UNITS <br />WHEREAS, the City, acting by and through the City of Louisville Water Activity <br />Enterprise ("City"), has entered into an agreement with the Superior Metropolitan District No. 1 for <br />the City's acquisition of six units of water in the Windy Gap Project of the Municipal Subdistrict of <br />the Northern Colorado Water Conservancy District ("Subdistrict"); and <br />WHEREAS, the City has petitioned the Subdistrict for an Allotment Contract for such six <br />units of Windy Gap water to be issued to the City in the event of the purchase of such units from <br />the Superior Metropolitan District No. 1; and <br />WHEREAS, the Subdistrict and petition for an Allotment Contract require that the City <br />adopt an ordinance authorizing such Contract and setting forth that the City agrees to be bound by <br />such Allotment Contract. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />Section 1. The proposed Water Allotment Contract No. 1 for allotment of Six Units of <br />Windy Gap Project water from the Municipal Subdistrict of the Northern Colorado Water <br />Conservancy District ("Subdistrict") is hereby approved in essentially the same form as the copy of <br />such Allotment Contract accompanying this Ordinance. <br />Section 2. The Mayor and City Clerk, each of whom has been duly elected and <br />qualified are authorized to execute the Allotment Contract on behalf of the City. The Mayor is <br />further hereby granted the authority to negotiate and approve such revisions to said Allotment <br />Contract as the Mayor determines are necessary or desirable for the protection of the City, so long <br />as the essential terms and conditions of the Allotment Contract are not altered. <br />Section 3. The Mayor, City Clerk, City Manager and City Staff are further authorized <br />to do all things necessary on behalf of the City to perform the obligations of the City under the <br />Allotment Contract and the petition to the Subdistrict therefor, and to execute and deliver any and <br />all documents necessary to effect the contemplated allotment of the Six Units of Windy Gap Project <br />water under the terms and conditions of said Allotment Contract, including but not limited to such <br />documents as may be required by the Subdistrict. <br />Section 4. The City shall make annual payments as defined in Article 5 of the <br />Allotment Contract and shall be bound by the Allotment Contract upon its execution. <br />1 <br />