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RESOLUTION NO. 5 SERIES 2001 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSTRUCTION CONTRIBUTION AGREEMENT, BY AND BETWEEN THE CITY OF LOUISVILLE, COLORADO AND THE HUMANE SOCIETY OF BOULDER VALLEY, INC.; THE EXECUTION AND DELIVERY OF AN AGREEMENT FOR ANIMAL IMPOUNDMENT SERVICES, BY AND BETWEEN THE CITY AND THE HUMANE SOCIETY; THE APPROPRIATION OF CERTAIN MONEYS FROM THE CITY TO BE PAID TO THE HUMANE SOCIETY IN CONNECTION WITH SUCH AGREEMENT; THE TAKING OF ALL ACTIONS AS ARE NECESSARY IN CONNECTION WITH THE EXECUTION OF SUCH AGREEMENT AND THE APPROPRIATION OF SUCH MONEYS; AND THE RATIFICATION OF CERTAIN ACTIONS HERETOFORE TAKEN. WHEREAS, the Humane Society of Boulder Valley, Inc., a Colorado not-for-profit corporation (the "Humane Society") owns and operates a shelter and treatment facility for the health and general welfare of domestic, non-human animals, located in the City of Boulder~ Colorado; and WHEREAS, the City of Louisville, a municipal corporation (the "City") of the state of Colorado (the "State"), desires to enter into an Agreement for Animal Impoundment Services (the "Impoundment Agreement") with the Humane Society, whereby the Humane Society will provide non-human animal control services within the City's boundaries for the benefit of the City and its citizens; and WHEREAS, the Humane Society intends to build a new shelter and treatment facility (the "Facility"), a portion of which will be used to care for non-human animals pursuant to the Impoundment Agreement; and WHEREAS, the Humane Society and the City desire to enter into a Construction Contribution Agreement, dated as of January 1, 2001 (the "Agreement"), whereby, in consideration for the services provided by the Humane Society under the Impoundment Agreement, the City agrees, subject to appropriation in the sole and absolute discretion of the City, to contribute $111,035 to the Humane Society to finance a portion of the costs of constructing the Facility (the "Construction Contribution"), in compliance with the terms and conditions of the Agreement; and WHEREAS, pursuant to Colorado law, including but not limited to Section 101 of Article 15, Title 31, Colorado Revised Statutes, as amended, the City may enter into contracts such as the Impoundment Agreement and the Agreement; and WHEREAS, pursuant to Section 401(m)(I) of Article 15, Title 31, Colorado Revised Statutes, as amended, the City is authorized "to regulate and prohibit the running at large and keeping of animals, including fowl, within the City and to otherwise provide for the regulation 02-79990.03