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Res 036-2008 3/18/2008 RESOLUTION NO. 36-2008 RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING WITH ES ALTERNATIVES FOR THE POSSIBLE DEVELOPMENT OF THE USE OF METHANE GAS FROM THE CITY OF WICHITA FALLS LANDFILL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls has expressed an interest in the development of possible uses for the methane gas generated at the City of Wichita Falls Landfill; and WHEREAS, ES Alternatives has submitted a proposal for the development of a project that will use this methane gas for energy generation; and WHEREAS, ES Alternatives desires to enter into a Memorandum of Understanding with the City of Wichita Falls to perForm due diligence as to the viability of the project and to possibly enter into negotiations with the City of Wichita Falls for a lease agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT" SECTION 1. Said memorandum of Understanding with ES Alternatives is approved and the City Manager is authorized to execute the Memorandum of Understanding. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 18th day of March, 2008. MAY R ATTEST: � City Clerk �