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to resolution duly adopted (a certified copy of each such <br /> resolution being attached to •the copy hereof which has been filed <br /> with the Secretary of State as required by the Act and herein <br /> referred to as a "City Council Resolution" ) ; and <br /> WHEREAS, each of the Cities desires to become a member of the <br /> below-mentioned Agency pursuant to the Act by the execution of <br /> this Agency Agreement. <br /> NOW THEREFORE, each of the Cities (and each of the Minnesota <br /> cities becoming a Member of the below-mentioned Agency after the <br /> date hereof ) does hereby covenant and agree, each in consideration <br /> of the foregoing and in consideration of the covenants and <br /> agreements of the others , as follows: <br /> Section 1 . Creation and Purpose: The below-mentioned Agency <br /> is created and incorporated as a municipal corporation and a <br /> political subdivision of the State of Minnesota under and pursuant <br /> to the provisions of the Act, to exercise thereunder a part of the <br /> sovereign powers of said State, in the acquisition, construction <br /> and financing of facilities for the generation and transmission of <br /> electric energy or interests in such facilities or rights to part <br /> or all of the capacity thereof , in order to secure an adequate, <br /> economical and reliable supply of electric energy, and in <br /> furtherance thereof , to exercise all of the powers granted to an <br /> C Agency by the Act. <br /> Section 2. Name. The name of the Agency created by this <br /> Agency Agreement shall be the "Minnesota Municipal Power Agency" <br /> ( and is herein referred to as the "Municipal Power Agency" ) . <br /> Section 3 . Initial Members . Each of the Cities represents <br /> and warrants to all of the other Members and to the Municipal <br /> Power Agency that: <br /> (A) It is a city duly organized and existing under the laws <br /> of the State of Minnesota or under a city charter duly adopted <br /> pursuant to the Constitution and laws of the State of Minnesota . <br /> (H) It is authorized by such laws or charter to engage and <br /> is now engaged in the local distribution and sale of electric <br /> energy . <br /> (C ) The Commission Resolution has been duly and validly <br /> adopted and has not been amended or repealed . <br /> (D) The City Council Resolution has been duly and validly <br /> adopted and has not been amended or repealed . <br /> (E) The name of the City, its Commission and its Council , <br /> 1 and the dates of adoption of its Commission Resolution and City <br /> -� Council Resolution are as indicated below: <br /> - 2 - <br />