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ORDINANCE NO. 1761 SERIES 2018 AN ORDINANCE APPROVING AND AUTHORIZING A PETITION FOR AN AMENDMENT TO THE CITY'S ALLOTMENT CONTRACT WITH THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO INCREASE THE CITY'S ALLOTMENT OF WINDY GAP WATER UNITS WHEREAS, the City, acting by and through the City of Louisville Water Activity Enterprise ("City"), entered into an Agreement for Lease with Option to Purchase ("Lease") with the City of Greeley dated November 3, 1994 for three units of water in the Windy Gap Project of the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Subdistrict"); and WHEREAS, the City has made final payment under the Lease and has exercised its option to purchase the three units of Windy Gap water; and WHEREAS, the City previously entered into an Allotment Contract with the Subdistrict dated October 10, 2002 for the allotment of six (6) units of Windy Gap water (the "Allotment Contract"); and WHEREAS, in connection with its purchase of the three (3) units of Windy Gap water from Greeley, the City must petition the Subdistrict for an amendment to its Allotment Contract to increase its allotment of Windy Gap water by the three (3) units; and WHEREAS, City Council desires to adopt an ordinance authorizing and directing the Mayor and City Clerk to petition the Subdistrict to increase the City's allotment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The proposed Petition of the City of Louisville for Amendment to Water Allotment Contract (the "Petition") to increase by three (3) units the City's allotment of Windy Gap Project water from the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Subdistrict") is hereby approved in essentially the same form as the copy of such Petition accompanying this Ordinance. Section 2. The Mayor and City Clerk, each of whom has been duly elected or appointed and qualified, are authorized and directed to execute the Petition on behalf of the City. The Mayor is further hereby granted the authority to negotiate and approve such revisions to said Petition as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Petition are not altered. Section 3. The Mayor, City Clerk, City Manager and City Staff are further authorized to do all things necessary on behalf of the City to effect the allotment to the City of such three (3) additional units of Windy Gap Project water, including but not limited to execute and delivery of Ordinance No. 1761, Series 2018 Page 1 of 2