5.4. ERMUSR 05-14-2013 - Laserfiche WebLink

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AGENCY AGREEMENT MINNESOTA MUNICIPAL POWER AGENCY This AGENCY AGREEMENT, dated as of May 11, 1992 , between and among the CITY OF ARLINGTON, the CITY OF BROWNTON, the CITY OF CHASKA, the and the LE CITYE OF WINTHROP,NO all NORTH CITY cities organized and OF OLIVIA, ferred existing under the laws of the State of Minnesota all Minnesotaecities to collectively as the "Cities") , and any and becoming parties to this Agency Agreement in accordance with its terms after the date hereof (said cities together with the Cities being herein collectively referred to as the "Members" ) , W I T N E S S E T H WHEREAS, Minnesota Statutes , Section 453 . 51 through 453 . 62 , s inclusive (herein referred to as anthew "Act ", which cties which udes any amendment thereof ) , permits any organized and existing under the laws of the State of Minnesota (or a city charter such • laws ptor charter to thereto) engage and in thechlocal authorized by to establish and create distribution and sale of electric energy , a municipal power agency (referred to herein as an "Agency" , which term has the same meaning herein as the term "municipal power �.__ agency" as defined in the Act) by the execution of an agency agreement (as such term is defined in the Act ) authorized by the resolution of the governing body ( as such term is defined in the Act and herein referred to as a "Commission") of each city , and the filing thereof for record with the Secretary of State of Minnesota; and WHEREAS, the Act provides that an Agency shall have certain rights and powers enumerated herein, all of which the Cities desire to exercise through the formation of an Agency ; and WHEREAS, each of the Cities is authorized either by the laws of the State of Minnesota or by its city charter adopted pursuant thereto to engage in the local distribution and sale of electric energy ; and WHEREAS, the Commission of each of the Cities has authorized and approved this Agency Agreement by resolution duly adopted (a certified copy of each such resolution being attached to the copy hereof which has been filed with the Secretary of State as required by the Act and is herein referred to as a "Commission Resolution ") and , as to each City in which the Commission is not the body charged by law or is charter with the general control of the City' s governmental affairs, the city council ( as such term is defined in the Act) or other body charged by law or its charter with the general control of its governmental affairs of each of the Cities has approved and concurred in this Agency Agreement and the Commission Resolution of that City relating thereto pursuant