ERMU RES 13-11 - Laserfiche WebLink

Home Browse Search

RESOLUTION No. 13-11 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES APPOINTING A REPRESENTATIVE ON THE TRANSMISSION PROJECT COORDINATING COMMITTEE AND AUTHORIZING AN ALLOCATION CHANGE. NOW BE IT RESOLVED: By the Elk River Municipal Utilities Commission, (hereinafter referred to as"Commission"), as follows: A. Section 1. In accordance with Section 404 of the Brookings-Twin Cities Transmission Project Agreement (the "Brookings Project Agreement") between the Commission and Central Minnesota Municipal Power Agency ("CMMPA"), the Commission hereby appoints Troy Adams, P.E. as its representative on the Transmission Project Coordinating Committee for the Transmission Project (as the foregoing terms are defined in the Brookings Project Agreement), with the power and authority to take action on behalf of the Commission within the scope of the powers granted to the Transmission Project Coordinating Committee by Section 404 of the Brookings Project Agreement. B. Section 2: The appointment of the Commission's Transmission Project Coordinating Committee representative and the power and authority conferred on the Commission's representative by Section 1 of this resolution specifically includes the power to vote on behalf of the Commission with respect to a pending proposal whereby CMMPA may be authorized, by vote of the Transmission Project Coordinating Committee, to proceed with an Elective Increase to CMMPA Percentage Interest (as that term is defined in the Brookings Project Agreement) that would increase CMMPA's Percentage Interest in the Transmission Project from [3.6%] to [3.9%] (the "Proposed Increase"). C. Section 3: The Commission acknowledges and agrees that if the Transmission Project Coordinating Committee votes, in accordance with the requirements of Section 404(d) of the Brookings Project Agreement, to authorize the Proposed Increase, (a) this will authorize, but not obligate, CMMPA to undertake the actions necessary to contractually commit itself to the Proposed Increase, and (b) if CMMPA does contractually commit itself to the Proposed Increase, the Commission (without any further authorizing action by the Commission) will be obligated in accordance with the terms of the Brookings Project Agreement to pay its Participant Share of additional Monthly Transmission Project Costs (as the foregoing terms are defined in the Brookings Project Agreement) resulting from the Proposed Increase, even if the Commission's representative appointed in Section 1 of this resolution has voted against the Proposed Increase. D. Section 4: The appointment of the Commission's Transmission Project Coordinating Committee representative and the power and authority conferred on the Commission's representative by Section 1 of this resolution will remain in effect until the Commission delivers written notice to CMMPA that such appointment has been terminated or superseded.