ERMU RES 13-05 - Laserfiche WebLink

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Therefore, the Commission has selected the Agency to provide its long term power supply needs commencing in 2018 and to apply now for membership in the Agency. F. The Commission finds further assurance and support for its selection in that governance of the Agency is in the hands of other Minnesota municipal electric utilities and that ERMU, by the Commission, will have the right and authority to actively participate in the management and direction of the Agency. G. The Agency has provided to the Commission a copy of the Agency Agreement by and among the Members of the Agency and of the Agency Bylaws (each attached hereto). The Commission has examined the Agency Agreement and the Bylaws to the extent deemed necessary and appropriate by the Commission. For all purposes of this Resolution, the Agency Agreement includes the Agency Agreement filed with the Minnesota Secretary of State on May 19, 1992 and the amendments thereto as approved by Agency Representatives' Resolutions numbered 1993-1 (adopted March 3, 1993) and 2004-1 (adopted January 27, 2004). For all purposes of this Resolution the Agency Bylaws include the Bylaws of the Agency as originally adopted and as since amended by the Agency Directors and Representatives through the date of the adoption of this Resolution. H. Pursuant to the Agency Statute, the concurrence of the City Council of the City of Elk River is required as a precondition to the effectiveness of the Commission's adoption of the Agency Agreement as provided in this Resolution. I. The Agency Statute and the Agency Agreement provide that cities which are members of municipal power agencies are not liable for the obligations of the municipal power agency. Section 2. The participation of the City of Elk River by and through ERMU as a member in the Agency is hereby approved and authorized. Section 3. The Commission agrees to the provisions of the Agency Agreement and the Bylaws of the Agency and the Chairman or any other officer of the Commission is hereby authorized and directed to execute the Agency Agreement for and on behalf of and as the deed of Elk River Municipal Utilities, and the General Manager or any officer of the Commission is hereby authorized and directed to certify the adoption of this Resolution. Section 4. In accordance with the Agency Act and the Agency Agreement, the following persons are hereby appointed as the initial representative and initial alternate representative of Elk River Municipal Utilities as a member of the Agency: