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<br />November 14, 2006 <br /> <br />WHEREAS, a number of licenses for the construction and operation of several regional <br />hydroelectric facilities at existing dams may be available to AMP-Ohio or its members via <br />purchase, application to the FERC or other cooperative arrangements; and <br /> <br />WHEREAS, AMP-Ohio desires to provide Municipality with the opportunity to participate in the <br />development of new regional hydroelectric facilities, primarily located on the Ohio River, <br />utilizing conventional as well as newer technologies, in order to provide the Municipality's <br />electric utility consumers this reasonably priced, environmentally sound and reliable source of <br />long term power; and <br /> <br />WHEREAS, AMP-Ohio anticipates that no less than 30,000 kilowatts (kW), and potentially <br />250,000 kW of hydroelectric capacity may be available; and <br /> <br />WIIEREAS, it IS necessary for the MuniCIpalIty to cnter 1!1to a contract (Agreemcnt) WIth A1\-11>- <br />Ohio to. provide for preconstruction development funding to allow for analyzing the technical, <br />permitting, and economic aspects of the potentia] new hydroelectric projects (herei"nafter the <br />"Hydro Projects") and determine if the Municipality, in conjunctIOn with AMP-Ohio and other <br />participating municipalities,' should proceed to construct, own and operate one or more new <br />Hydro Proj ects; and <br /> <br />WHEREAS) under the. tetms of the Agreement, AMP-Ohio will report the results of the developmental <br />studies to the Municipality prior to the Municipality committing to proceed with construction of one or <br />more Hydro Projects ifand only ifin the Municipality's sole discretion it detern1ines to.do so; and <br /> <br />WHEREAS, Municipality desires to obtain, pursuant to the Agreement, rights to an amount of up to a <br />nominal 4,300 kW of capacity of the Hydro Projects on the same terms and conditions as the other <br />participating municipalities; and <br /> <br />WHEREAS, it is necessary for the Municipality to commit itself to pay, pursuant to the Agreement, a pro <br />rata share of the developmental costs of the Hydro Projects in proportion to the kW of capacity from the <br />Hydro Projects that Municipality chooses to reserve to the total kW reserved by all participating <br />municipalities, such commitment limited, however to a financial obligation of no more than $32.84 per <br />k W reserved; and <br /> <br />WHEREAS, Municipality had, pursuant to Resolution adopted May 9th, 2006 authorized execution of a <br />similar development agreement, but which was limited to the Hydro Matrix technology and AMP-Ohio <br />has determined that conventional as well as newer technologies such as Hydro Matrix, must be explored, <br />now, therefore <br /> <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MARTINSVILLE, III regular session <br />assembled November 14,2006: <br /> <br />SECTION 1: That the form of the Hydro Projects Developmental Cost Sharing Agreement [attached <br />heret%n file with the Clerk] as Exhibit I is hereby approved, subject to and with any and all changes <br />therein as hereinafter provided. <br /> <br />SECTION 2: That the City Manager is hereby authorized to execute a Hydro Developmental Cost <br />Sharing Agreement substantially in the form of Exhibit I for up to a nominal amount of 4,300 kW, with <br />the cost to the Municipality capped at $32.84 per kW which cannot be exceeded without further action of <br />this Council. <br />