5.4. ERMUSR 05-14-2013 - Laserfiche WebLink

Home Browse Search

( 2) No such city shall become a Member of the Municipal j Power Agency until (A) its admission is approved at an annual or special meeting of the Representative by the affirmative vote of (i ) rds of all Re•re - - • ' - - •f then existin- Membets� each casting one vote , and (ii ) two-thirds o e ota votes cast by the Representatives, in accordance with the weighted voting formula described in Section 9 (C) of this Agency Agreement, and (B) such city deposits with the Board of Directors or agrees to deposit with the Board of Directors an amount equal to a share of the costs and expenses incurred by, the Municipal Power Agency and payable from assessments prior to the date of admission of such city as a Member of the Municipal Power Agency, as determined by the vote of a majority of the Representatives of then existing Members, each casting one vote. (3 ) The Board of Directors shall by resolution determine whether admission is approved by the required majorities of the Representatives, and , if it so determines, shall mile certiuie$ copies of its resolution and the Commission Resolution and the City Council Resolution With the Secretary of State. ( 4) Upon such filing, the city shall become a Member of the Municipal Power Agency for all purposes of the Act , this Agency Agreement and the Bylaws, and shall have the same rights, duties and obligations hereunder as the Cities constituting the initial . members. An Member may withdraw from the Municipal Power Agency upon the o owing con i ions : (if the Member or its Representative shall have filed with the Board of Directors and the Secretary of State a certified copy of a Commission Resolution and , if the city is one in which the Commission is not the body charged by law with the general control of the city' s governmental affairs, a certified copy of a City Council Resolution expressing its desire to so withdraw, ( ii ) if the Municipal Power Agency , prior to the filing of such Commission Resolution and City Council Resolution, shall have incurred any obligation payable from assessments in accordance with Section 9 (I ) hereof which obligation matures after the date of such filing , the withdrawing Member shall have paid, or made arrangements satisfactory to the Board of Directors to pay , to the Municipal Power Agency its pro rata portion of such obligation, determined in accordance with Section 9 ( 1 ) hereof , and ' ( iii ) if any obligations of the Municipal Power Agency shall be outstanding at the time , no Member shall be permitted to withdraw from the Municipal Power Agency , if such withdrawal would reduce the number of Members remaining in the Municipal Power Agency to less than two ( 2) . Upon compliance with the above provision, the withdrawing city shall no longer be considered a Member of the Municipal Power Agency for any reason or purpose under this Agency Agreement or ( y the Bylaws. The withdrawal of a Member from the Municipal Power Agency shall not affect any obligations under any contract between ` the withdrawing Member and the Municipal Power Agency.