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<br />proportion to the kilowatts (kW) of capacity from the HYDROMA TRIX Projects that <br />Municipality chooses to reserve to the total kW reserved by all participating municipalities; and <br /> <br />WHEREAS, Municipality desires to obtain, pursuant to the Agreement, rights to an amount of <br />up to a nominal 4,300 kW of the HYDROMATRIX Projects on the same terms and conditions as <br />the other participating AMP-Ohio member municipalities; now, therefore <br /> <br />BE IT RESOLVED BY COUNCIL OF THE CITY OF MARTINSVILLE, in regular session <br />assembled May 9, 2006: <br /> <br />SECTION 1: That the form of the HYDROMATRIX Projects Developmental Cost Sharing <br />Agreement attached hereto [or on file with the Clerk] as Exhibit 1 is hereby approved, subject to <br />and with any and all changes therein as hereinafter provided. <br /> <br />SECTION 2: That the City Manager is hereby authorized and directed to execute a <br />HYDROMATRlX Projects Developmental Cost Sharing Agreement substantially in the form of <br />Exhibit 1 for up to a nominal amount of 4,300 kW. <br /> <br />SECTION 3: That the authorization contained herein shall not obligate the Municipality to incur <br />any liability for the actual construction of any HYDROMA TRIX Projects without further action <br />of this Council" <br /> <br />SECTION 4: This Council finds and determines that all formal actions of this Council <br />concerning and relating to the adoption of this Resolution were taken in an open meeting of this <br />Council and that all deliberations of this Council and any of its committees that resulted in those <br />formal action were in compliance with the Law. <br /> <br />******* <br /> <br />Susan N. Johnson, Clerk of Council <br /> <br />Date Adopted <br />