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<br />May 9, 2006 <br /> <br />WHEREAS, a need has been identified for an environmentally sound, economical and reliable <br />long term power resource for the Municipality's electric utility consumers; and <br /> <br />WHEREAS, AMP-Ohio desires to provide Municipality with the opportunity to participate in <br />the development of new hydroelectric power plants located on the Ohio River utilizing the <br />"HYDRO MATRIX" technology in order to provide the Municipality's electric utility consumers <br />this economic, environmentally sound and reliable source of long term power; and <br /> <br />WHEREAS, AMP-Ohio anticipates that no less than 30,000 kilowatts, and no more than <br />115,000 kilowatts of hydro capacity may be made available; and <br /> <br />WHEREAS, it is necessary for the Municipality to enter into a contract with AMP-Ohio <br />to provide for preconstruction development funding to allow for analyzing the technical, <br />permitting, licensing and economic aspects of the new hydroelectric projects (hereinafter <br />the "HYDROMATRIX Projects") and determine if the Municipality, in conjunction with <br />AMP-Ohio and other participating member municipalities, should proceed to construct, <br />own and operate one or more new HYDROMATRIX Projects facilities; and <br /> <br />WHEREAS, under the terms of the Agreement, AMP-Ohio will report the results of the <br />developmental studies to the Municipality prior to the Municipality committing to the <br />purchase of the output of one or more HYDROMATRIX Projects if and only if in the <br />Municipality's sole discretion it determines to do so; and <br /> <br />WHEREAS, it is necessary for the Municipality to commit itself to pay, pursuant to the <br />Agreement, a pro rata share of the developmental costs of the HYDROMA TRIX Projects in <br />proportion to the kilowatts (kW) of capacity from the HYDROMATRIX 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 />HYDROMATRIX Projects Developmental Cost Sharing Agreement substantially in the form of <br />Exhibit 1 for up to a nominal amount of 4,300 kW. <br />