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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