TC Res. No. 2015-08 Authority agreement amending and restating the Upper Eagle Regional Water Authority and Master Service ContractTOWN OF AVON, COLORADO
RESOLUTION NO. 15 -08
SERIES OF 2015
A RESOLUTION APPROVING THE AUTHORITY AGREEMENT
AMENDING AND RESTATING THE AGREEMENT ESTABLISHING
THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE
MASTER SERVICE CONTRACT ( "Authority Agreement ") AND
APPROVING A LETTER AGREEMENT REGARDING
TRAER CREEK WATER RIGHTS ( "Letter Agreement ")
WHEREAS, the Upper Eagle River Water Authority ( "Authority ") have proposed amendments
and updates to the 1984 Establishing Agreement and 1998 Master Service Agreement as well as
have proposed consolidating both agreements into one agreement for efficiency, convenience
and accuracy; and
WHEREAS, the Avon Town Council approved Resolution No. 14 -22 approving the Authority
Agreement, and after such approval, additional revisions have been proposed and reviewed by
the parties; and,
WHEREAS, the Avon Town Council finds that the Authority Agreement, as revised and
attached, is acceptable and will enhance the governance and function of the Authority; and,
WHEREAS, CRS §29 -1 -204.2 authorizes the establishment of an authority by a combination of
municipalities and special districts with such purpose and powers as is set forth in the Authority
Agreement; and,
WHEREAS, the Avon Town Council finds that the Authority Agreement will promote the
health, safety and general welfare of the Avon community by improving the governing terms by
which the Authority provides water to the Town of Avon, the other members of the Authority,
and third parties who receive water from the Authority; and,
WHEREAS, the Avon Town Council finds that the Letter Agreement clarifies and confirms the
Town of Avon's rights with regard to the Traer Creek water rights conveyed to the Authority and
is an essential supplemental and complimentary agreement to the Authority Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town of Avon hereby approves the Authority Agreement
attached hereto as Exhibit A and approves the Letter Agreement attached hereto as Exhibit B;
authorizes the Mayor to execute the Authority Agreement and Letter Agreement; and authorizes
the Mayor, Town Manager and Town Attorney to review and approve any additional
amendments to Authority Agreement and Letter Agreement to correct typographical, citation,
reference and grammar errors and such amendments as may be determined acceptable to the
other members of the Authority which do not adversely affect the interests of the Town of Avon.
ADOPTED April 8, 2015.
AVO OWr CIL
BY:
Jen ie Fancher, Mayor
Resolution No. 15 -08 Approving the Authority Agreement
April 8, 2015 - FINAL
t
Attest: o XQ nj2
Debbie Hoppe, Tow ler t