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is in the potential applicant's possession or that the potential applicant can obtain with the <br /> exercise of due diligence; and <br /> WHEREAS, the District staff on November 15, 2005, has taken before the <br /> District Board for approval a resolution authorizing and directing the District's General <br /> Manager to execute, with the City's Mayor, a Notice of Intent substantially in the form <br /> attached hereto as Exhibit A, and to file the same with the FERC; and <br /> WHEREAS, the City Council finds that it would be in the best interest of the <br /> City and its water system customers to secure a new Project License under terms and <br /> conditions favorable to the City and its customers and as otherwise provided by law, and <br /> to continue to own and operate the Project for co-licensees' purposes; <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council, as follows: <br /> 1. The City Council having had opportunity to review and become familiar with <br /> both the Notice of Intent and the Pre-Application Document attached hereto as <br /> Exhibits A and B, respectively (which documents are made a part hereof by this <br /> reference and are available for public inspection in the office of the City Clerk) <br /> the City Council hereby approves both the Notice of Intent and the Pre- <br /> Application Document in substantially the form attached hereto as Exhibit A and <br /> B. <br /> 2. The Mayor is hereby authorized and directed to execute a Notice of Intent <br /> substantially in the form of that document attached hereto as Exhibit A and to <br /> deliver such document to District for filing with the FERC together with a Pre- <br /> Application Document which is substantially in the form attached hereto as <br /> Exhibit B. Such documents shall be filed with the Federal Energy Regulatory <br /> 2 <br />