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<br />..- <br /> <br />NOW, THEREFORE; <br /> <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD CITY, <br /> <br />AS FOLLOWS: <br /> <br />1. DEFINITIONS. For purposes of this resolution, the following <br /> <br />terms shall have the meanings respectively ascribed thereto, and <br /> <br />shall be defined, as set forth in paragraph 1 of the City/Diamond <br /> <br />Shamrock Agreement: <br /> <br />(a) Authority. <br /> <br />(b) Authority's Treatment Plant. <br /> <br />(c) Capacity Rights (or "Treatment Capacity Rights") <br />(expressed as treatment of wastewater volume in millions <br />of gallons perday (mgd), five day biochemical oxygen <br />demand (BODS) in pounds per day (lbs/day), and total <br />suspended solids (TSS) in pounds per day (lbs/day)). <br /> <br />(d) Grant Eligible Capacity. <br /> <br />(e) Non-Grant Eligible Capacity. <br /> <br />(f) Operative Date of Authority's Treatment Plant. <br /> <br />(g) Water Pollution Control Laws. <br /> <br />2. OPTION NOT EXERCISED. Pursuant to the provisions of <br /> <br />paragraph 3(d) of the City/Diamond Shamrock Agreement, the City <br /> <br />hereby gives notice of its intention not to exercise its right and <br /> <br />option to acquire the non-grant eligible capacity rights proposed <br /> <br />to be sold pursuant to the Diamond Shamrock/BAS Agreement. Said <br /> <br />non-exercise of its option is made without prejudice of the City <br /> <br />to exercise future such option rights, and does not constitute a <br /> <br />waiver of any such rights except as to the non-grant eligible <br /> <br />capacity proposed to be sold under said Diamond Shamrock/BAS Agreement. <br /> <br />3. FINDING. This Council hereby finds and declares that, in <br /> <br />the case of the sale pursuant to the Diamond Shamrock/BAS Agreement, <br /> <br />there is no reasonable likelihood within the foreseeable future <br /> <br />that the capacity rights proposed to be sold thereunder will be <br /> <br />necessary for the use of, or with respect to, the lands to which <br /> <br />-2- <br />