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RESOLUTION NO. 40 <br />SERIES 2003 <br /> <br />A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF LOUISVILLE <br />AND THE BURLINGTON NORTHERN SANTA FE FOR CONSTRUCTION OF THE <br />STATE HIGHWAY 42/96TM STREET CONNECTION <br /> <br /> WHEREAS, the City of Louisville desires to enter into an agreement for construction of <br />State Highway 42/96th Street connection to accommodate the City of Louisville's proposed South <br />96th Street improvements, and <br /> <br /> WHEREAS, there has been proposed an Exchange Agreement between the City of <br />Louisville and the Burlington Northern Santa Fe (BNSF) Railway for said construction upon the <br />terms and conditions of a mutually agreeable Exchange Agreement, <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> <br /> 1. The proposed Exchange Agreement between the City and BNSF, are hereby <br />approved in essentially the same form as the copies of such Exchange Agreement accompanying <br />this Resolution. <br /> <br /> 2. The Mayor is authorized to execute the Exchange Agreement, except that the Mayor <br />is hereby granted the authority to negotiate and approve such revisions to said Exchange Agreement <br />as the Mayor determines are necessary or desirable for the protection of the City, so long as the <br />essential terms and conditions of the Exchange Agreement are not altered. <br /> <br /> 3. The Mayor, City Manager and City Staff are further authorized to do all things <br />necessary on behalf of the City to perform the obligations of the City under the Exchange <br />Agreement, and are further authorized to execute and deliver any and all documents necessary <br />under the terms and conditions of said Exchange Agreement. <br /> <br />PASSED AND ADOPTED this 18th day of November, 2003. <br /> <br />Tom Davidson, Mayor <br /> <br /> <br />