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5.13c EMRUSR 11-12-2024RESOLUTION NO. 24-13 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION APPROVING AMENDMENT TO MMPA AGENCY AGREEMENT WHEREAS, Elk River Municipal Utilities is a member of the Minnesota Municipal Power Agency ("MMPA"); and WHEREAS, that relationship is defined by the MMPA Agency Agreement dated May 28, 2013; and WHEREAS, the Board of Directors has identified an issue with the current weighted voting system; and WHEREAS, on October 22, 2024, the Board of Directors approved Resolution 2024-01 to amend section 9(c) of the Agency Agreement ("Amendment Resolution"); and WHEREAS, in order for the amendment to be effective, each member's City Council and controlling Utility Commission must also approve the amendment. WHEREAS, ERMU wishes to approve and concur with amendment on voting and the Amendment Resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES, BASED UPON THE FOREGOING RECITALS INCORPORATED HEREIN, AS FOLLOWS: 1. The Commission approves and concurs with the Amendment Resolution and its proposed amendment to Section 9(c) of the Agency Agreement. This Resolution Passed and Adopted this 12th day of November, 2024. John J. Dietz, Chair Mark Hanson, General Manager 233287v1 149