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5.4. ERMUSR 05-14-2013
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5.4. ERMUSR 05-14-2013
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5/30/2013 10:45:15 AM
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City Government
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ERMUSR
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5/14/2013
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Nothing contained in this Agency Agreement or in the Bylaws <br /> shall be construed to prohibit any Member from (i ) executing one <br /> or more other agency agreements with other cities for the purpose <br /> of forming other Agencies under the Act or ( ii ) exercising the <br /> powers of an Agency as provided in Minnesota Statutes , Section <br /> 453 . 58 . Nothing contained in this Agency Agreement or in the <br /> Bylaws shall be construed to prohibit the Municipal Power Agency <br /> ftom joining an organization or association composed of other <br /> Agencies created pursuant to the Act . <br /> Any Member which has either defaulted under a contract with <br /> the Municipal Power Agency or failed to pay its assessments in <br /> accordance with Section 9 (I ) hereof , may be expelled from the <br /> Municipal Power Agency at an annual or special meeting of the <br /> Representatives by the affirmative vote of (a) a majority of all <br /> Representatives ( including the Representative or Representatives <br /> of the defaulting Member) , each casting one vote, and ( b) a <br /> majority of the total votes cast by such Representatives , in <br /> accordance with the weighted voting formula described in Section <br /> 9 (C ) of this Agency Agreement. The expulsion of a Member from the <br /> Municipal Power Agency shall not affect any obligations under any <br /> contract between the expelled Member and the Municipal Power <br /> Agency nor its obligation to pay any moneys previously assessed <br /> against such expelled Member. <br /> 4: i (B ) Matters Requiring Members ' Aooroval . No action on any <br /> of the following matters shall, be undertaken by the Municipal <br /> Power Agency except pursuant to a resolution adopted by <br /> Bo rd <br /> o <br /> of Directors and a• - .ved b the -e-re entatives , provided <br /> such approval of the Representatives may be giv-n by a resolution <br /> adopted by the Representatives which is general in scope and <br /> continuous in nature and may delegate to the Board of Directors <br /> the power to take any and all action reasonably necessary or <br /> esiram.e t. - - - - - • - - of the resolution: <br /> (1 ) The issuance of bonds or notes of the Municipal Power <br /> Agency. <br /> ( 2) The execution by the Municipal Power Agency of any <br /> contract payable primarily from assessments, when such contract by <br /> its terms will not expire prior to the end of the Fiscal Year in <br /> which it is executed . <br /> ( 3 ) The incurrence by the Municipal Power Agency of any <br /> financial obligation in excess of that which is budgeted for the <br /> Fiscal Year in which it is incurred . <br /> ( 4 ) The adoption and amendment of an annual operating <br /> budget, if such budget requires h assessment Agreement. <br /> to <br /> Me mber s , as p ovided in Secion9 () of thisAgency <br /> ( 5 ) The admission or expulsion of Members , as provided in <br /> Section 9 ( A) of this Agency Agreement. <br /> ent. <br />
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