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03/28/2005 <br />WHEREAS, paragraph XI of the Transmission Agreement provides that the <br />parties thereto may revise, alter, amend or supplement said agreement in writing; and <br />WHEREAS, the parties to the Capacity Agreement desire to confirm that sanitary <br />sewerage treatment capacity rights allocated thereunder shall not be utilized for <br />treatment of sewage emanating from the Annexing Territory. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />REDWOOD CITY, AS FOLLOWS: <br />1. Consent is hereby granted to the annexation of the Annexing Territory to the <br />District of the County, and consent is hereby granted to the discharge, transmission, <br />treatment and disposal of sewage emanating from said Territory pursuant to the <br />Transmission Agreement subject to all terms and conditions thereof and subject, <br />further, to the condition that all applicable wastewater capacity and facility fees and <br />charges shall be paid to the City. <br />2. This Council hereby finds and determines that sanitary sewerage treatment <br />capacity rights allocated to the City by the South Bayside System Authority, owner of <br />the sanitary sewerage treatment plant which provides treatment service for sewage <br />emanating from the City and the District, shall be the source of treatment capacity for <br />sewage emanating from the Annexing Territory, and treatment capacity rights allocated <br />to the County pursuant to the Capacity Agreement shall not be the source of treatment <br />capacity for the Annexing Territory. <br />3. The Annexing Territory is all that certain real property located in the County, <br />more particularly depicted and described in Exhibit "A" attached hereto and by this <br />reference incorporated herein. <br />Atty /Reso /Reso.1525 2 14633 <br />032205 Muff # 301 <br />