5.13b EMRUSR 11-12-2024MINNESOTA MUNICIPAL POWER AGENCY (THE "AGENCY")
RESOLUTION 2024-01 OF THE REPRESENTATIVES OF THE AGENCY
WHEREAS, the Board of Directors has recommended an amendment to the
Agency Agreement, and
WHEREAS, The Representatives of the Agency have discussed and studied the
proposed amendment to the Agency Agreement and are collectively of the
opinion that the proposed change to the Agency Agreement is necessary and
appropriate and will facilitate the goal of the Agency to provide economic and
reliable power to its members; and
WHEREAS, in accordance with Section 9(L) of the Agency Agreement (i) at least
two-thirds of the Representatives of the Agency, each casting one vote and (ii) at
least two-thirds of the total number of votes capable of being cast by all
Representatives in accordance with the currently effective weighted voting
formula approve the following amendment.
NOW THEREFORE BE IT RESOLVED by the Representatives of the Minnesota
Municipal Power Agency:
1. That the Agency Agreement be amended by changing Section 9(C) to read
as follows:
9(C) Voting. Except as otherwise expressly provided in this Agency
Agreement, each action at any meeting of the Representatives
shall be taken by a majority of the votes cast on the question by the
Representatives present, each exercising a number of votes
allocated to the Member he or she represents as follows (referred
to herein as a "weighted vote"):
(1) one vote; plus
(2) one additional vote for each full 5,000 megawatt hours of
electric energy purchased from the Agency by the
Member during such Member's most recent fiscal year.
Any electric energy purchased from the Agency during
the Member's most recent fiscal year to serve a customer
where the Agency (a) has invested in transformation or
other facilities to serve said customer and (b) is providing
electric power and energy to the Member to serve the
customer pursuant to a special rate structure (such as a
transmission transformed contract) shall be excluded
from the additional vote calculation in the preceding
sentence; plus
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(3) if the votes allocated to any Member pursuant to clauses
(1); and (2) would equal or exceed the total number of
votes allocated to all other Members, its allocation of
votes shall be reduced to one vote less than those
allocated to all other Members.
The allocation of votes to each member shall be made in
accordance with the formula outlined above as soon as practicable
after the beginning of each Fiscal Year. The allocation shall be
made by the Secretary of the Municipal Power Agency based upon
rfifiGate of the Commission or Representative of the Membar
the Municipal Power Agency's billing files, and such allocation shall
be verified by the Board of Directors. Each such allocation shall
remain effective until such time as a new allocation is made for the
next Fiscal Year.
2. That each Member be provided with a proposed resolution of approval and
concurrence to be adopted by the Member's City Council and (as appropriate)
Utility Commission.
3. That this resolution, together with the concurring resolutions of City Councils
and Utility Commissions of Members, be filed with the Secretary of State of
the State of Minnesota.
FOR ADOPTION: j / 0 L
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AGAINST ADOPTION:
Adopted and passed this 22nd day of October, 2024.
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Chairman
ATTEST:
Secretary
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