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WHEREAS, the parties to the Transmission Agreement desire to include <br />the Annexing Territory within the service area of the Transmission Agreement; <br />and <br />WHEREAS, paragraph XI of the Transmission Agreement provides that <br />the parties thereto may revise, alter, amend or supplement said agreement in <br />writing; and <br />WHEREAS, the parties to the Capacity Agreement desire to confirm that <br />sanitary sewerage treatment capacity rights allocated thereunder shall not be <br />utilized for treatment of sewage emanating from the Annexing Territory; <br />NOW, THEREFORE; <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD <br />CITY, AS FOLLOWS: <br />1. Consent is hereby granted to the annexation of the Annexing Territory <br />to the Emerald Lake Heights Sewer Maintenance District of the County of San <br />Mateo, and consent is hereby granted to the discharge, transmission, treatment <br />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 <br />and charges shall be paid to the City of Redwood City. <br />2. This Council hereby finds and determines that sanitary sewerage <br />treatment capacity rights allocated to the City of Redwood City by the South <br />Bayside System Authority, owner of the sanitary sewerage treatment plant which <br />Reso -1083 2 <br />DES:djk <br />F: /Sha red /Redwood /Counci I /Reso <br />02/12/01 <br />14151 <br />