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DES:rg 0''25/95 (111/34) <br /> <br />thereto, and shall be defined, as set forth in paragraph 1 of the <br />Agreement: <br /> <br /> (a) Authority. <br /> <br /> (b) Capacity Rights (or "Treatment Capacity Rights") <br /> (expressed as treatment of wastewater volume in millions <br /> of gallons per day (mgd), five day biochemical oxygen <br /> demand (BOD 5) in pounds per day (lbs/day), and total <br /> suspended solids (TSS) in pounds per day (lbs/day) <br /> <br /> (c) Non-Grant Eligible Capacity. <br /> <br /> (d) Water Pollution Control Laws. <br /> <br /> 2. OPTION NOT EXERCISED. Pursuant to the provisions of <br />paragraph 3(d) of the Agreement, City hereby gives notice of its <br />intention not to exercise its right and option to acquire the <br />Non-Grant Eligible Capacity Rights proposed to be sold pursuant to <br />the R & H/PSCL Agreement. Said notice is made without prejudice of <br />City to exercise future such option rights, and does not constitute <br />a waiver of any such rights except as to the Non-Grant Eligible <br />Capacity Rights proposed to be sold under the R & H/PSCL Agreement. <br /> <br /> 3. FINDINGS. This Council hereby finds and declares that, in <br />the case of the sale pursuant to the R & H/PSCL Agreement, there is <br />no reasonable likelihood within the foreseeable future that the <br />Capacity Rights proposed to be sold thereunder will be necessary <br />for the use of, or with respect to, the lands to which such <br />Capacity Rights originally were allocated under the Agreement <br />because R & H has ceased operations upon said lands for which said <br />Capacity Rights were originally purchased; therefore, the amount of <br />Non-Grant Eligible Capacity allocated to R & H's land under the <br />Agreement is no longer required in the amount specified in said <br />Agreement and the reduction thereof by reason of sale and <br /> <br /> <br />