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2008-71

A RESOLUTION

AUTHORIZING AN AMENDMENT TO THE 2003 INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF MORRISON, THE MOUNT CARBON METROPOLITAN DISTRICT AND THE CITY OF LAKEWOOD

WHEREAS, in 2003 the City of Lakewood ("City") entered into an Intergovernmental Agreement with the Town of Morrison ("Town") and the Mount Carbon Metropolitan District ("District") which requires that the District abide by the terms of the Amended and Restated Service Plan, as more specifically set forth in said Intergovernmental Agreement; and

WHEREAS, said Intergovernmental Agreement anticipated that, among other things, water and wastewater service to properties within the District service area would be provided by the District; and

WHEREAS, the Town and the District have reached an agreement that the District will construct the required water treatment and distribution facilities and wastewater collection and treatment facilities and deed them to the Town and that the Town will own, maintain and operate the water and wastewater facilities; and

WHEREAS, the Town, District and City agree that the 2003 Intergovernmental Agreement must be amended to reflect the agreement between the Town and District related to providing water and sewer services to properties within the District.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakewood, Colorado, that:

SECTION 1. The City Council hereby finds that the 2003 Intergovernmental Agreement among the City, Town and District should be amended to reflect the current plan to provide water and sewer service to properties within the District as determined by the Town and District.

SECTION 2. The City Manager is authorized to execute, and the City Clerk to attest, an amendment to the 2003 Intergovernmental Agreement among the Town, District and City, in a form approved by the City Attorney, that reflects the Town and District agreement for providing water and sewer service to properties located within the District service area.

INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the City Council on October 27, 2008, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

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