RES 13-28City of Elk River
City Council
RESOLUTION No. 13 - 28
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MUNICIPAL P1 T
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River,
Minnesota:
Section 1. It has hereby found, determined and declared:
A. The Board of Commissioners of Elk River Municipal Utilities ( "ERMU ") has determined
that it is in the best interests of the electric ratepayers who are customers of ERMU to
become a Member of the Minnesota Municipal Power Agency (the "Agency "), a
municipal power agency organized in 1992 under and pursuant to Chapter 453 of
Minnesota Statutes (the "Agency Statute ") and to enter into a long term arrangement for
the purchase of power and energy from the Agency.
B. The Agency Statute requires the Commission to authorize and approve the adoption and
execution of the Agency Agreement in order to become a member of the Agency, and
also requires the concurrence of the City Council as a precondition to the effectiveness of
the adoption of the Agency Agreement as provided in the Commission Resolution.
C. The Commission has submitted to the City Council its Resolution No. 13 -5 dated May
14, 2013 (the "Commission Resolution ") which, among other things, does agree to the
provisions of and authorize the execution of the Agency Agreement and requests the City
Council to concur in its action as set forth in the Commission Resolution (together with
the Agency Agreement attached hereto). The terms "Agency Agreement" and "Bylaws of
the Agency" have the meaning set forth in the Commission Resolution.
D. The Council has reviewed the Commission Resolution and the Agency Agreement and
has made such inquiries of the Commission as deemed necessary and appropriate on the
subject and relies upon the expertise and judgment of the Commission with respect to the
City's long term arrangements for the supply of power and energy as it is so charged by
Minnesota Statutes, section 412.361.
E. The Agency Statute and the Agency Agreement provide that cities which are members of
municipal power agencies are not liable for the obligations of the municipal power
agency.
Section 2. The City Council does hereby concur in the Commission
Resolution including, but not by way of limitation, the approval and authorization of the
City of Elk River by and through ERMU to become a member of the Agency, the
agreement to the provisions of and the authorization to execute the Agency Agreement,
the agreement to the provisions of the Agency's Bylaws and the Commission's
appointment of the initial Representative and initial Alternate Representative to the
Agency.
Section 3. The City Clerk is hereby authorized and directed to affix to the
Agency Agreement a certified copy of this Resolution for submission to the Secretary of
State of Minnesota in accordance with the Agency Statute.
Adopted by the City Council of the City of Elk River, this 20t" day of May, 2013.
J J. ]Dietz, Ma o
ATTEST:
Tina Allard, City Clerk