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City of Elk River City Council RESOLUTION No. 13 - 28 will) L-11 Iti plt MUNICIPAL P1 T NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River, Minnesota: Section 1. It has hereby found, determined and declared: A. The Board of Commissioners of Elk River Municipal Utilities ( "ERMU ") has determined that it is in the best interests of the electric ratepayers who are customers of ERMU to become a Member of the Minnesota Municipal Power Agency (the "Agency "), a municipal power agency organized in 1992 under and pursuant to Chapter 453 of Minnesota Statutes (the "Agency Statute ") and to enter into a long term arrangement for the purchase of power and energy from the Agency. B. The Agency Statute requires the Commission to authorize and approve the adoption and execution of the Agency Agreement in order to become a member of the Agency, and also requires the concurrence of the City Council as a precondition to the effectiveness of the adoption of the Agency Agreement as provided in the Commission Resolution. C. The Commission has submitted to the City Council its Resolution No. 13 -5 dated May 14, 2013 (the "Commission Resolution ") which, among other things, does agree to the provisions of and authorize the execution of the Agency Agreement and requests the City Council to concur in its action as set forth in the Commission Resolution (together with the Agency Agreement attached hereto). The terms "Agency Agreement" and "Bylaws of the Agency" have the meaning set forth in the Commission Resolution. D. The Council has reviewed the Commission Resolution and the Agency Agreement and has made such inquiries of the Commission as deemed necessary and appropriate on the subject and relies upon the expertise and judgment of the Commission with respect to the City's long term arrangements for the supply of power and energy as it is so charged by Minnesota Statutes, section 412.361. E. 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.