10-07-1986 HUCMl q -/ --2
Special Meeting
October 7, 1986
All Commissioners were present; also present were Interim Mgr. Hakel,
Counsel Peterson and Sue Winter.
President Daggett called the meeting to order at 8:00 a.m.
Counsel Peterson explained resolution proposed by bond counsel.
The following is Resolution 13:
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A RESOLUTION AUTHORIZING EXERCISE OF
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CERTAIN POWERS OF A MUNICIPAL POWER AGENCY
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UNDER MINNESOTA STATUTES, SECTIONS 453.51 to 453.62
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WHEREAS,
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A. Minnesota Statutes, Sections 453.51 to 453.62 provide
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means for Minnesota cities which own and operate electric utilities
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to secure an adequate, economical, and reliable supply of energy
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by exercising powers of a municipal power agency pursuant to said
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sections;
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B. The Hutchinson Utilities Corm ission of the City of
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Hutchinson operates the City electric utility and the Commission
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has full control, operation and management of the electric utility
pursuant to the City Charter.
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C. The Commission proposes to borrow money to finance
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improvements to the electric utility and an interest in integrated
transmission facilities located outside of the City.
D. The Commission constitutes the "governing body" of
the City within the meaning of that teizn as defined in Minnesota
Statutes, Section 453.52, Subdivision 7; and the City fulfills
the conditions required to exercise through the Commission the
powers of a municipal power agency under Minnesota Statutes,
Section 453.51 to 453.62.
NOW, THEREFORE, BE IT RESOLVED by the Hutchinson Utilities
Commission of the City of Hutchinson as follows:
1. The Commission hereby determines that pursuant to the
authority conferred upon it by Minnesota Statutes, Section 453.58,
the City may exercise through the Commission the following powers
granted to a municipal power agency by Minnesota Statutes, Sections
453.51 to 453.62, to -wit:
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(a) Minnesota Statutes, Section 453.54, Subdivision 2
(b)
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453.54,
Subdivision
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(c)
if
453.54,
Subdivision
9
(d)
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453.54,
Subdivision
11
(e)
if
453.54,
Subdivision
15
(f)
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453.54,
Subdivision
16
(g)
if
453.55
(h)
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453.56
(i)
if
453.59
(j)
if
453.60
(k)
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453.62
2. Nothing herein shall be construed as (1) limiting the
powers granted to the City Council under the City Charter with
regard to the Commission, or (2) limiting the full, absolute and
exclusive control of and power over the City Light and Power Plant
and distribution system reserved to the Commission under the City
Charter; nor shall the resolution empower the City through the
Commission to grant a mortgage or security interest in light and
power plant system.
3. Pursuant to Minnesota Statutes, Section 453.58, Sub-
division 2, and upon adoption of a resolution of the City Council
concurring in this resolution, a copy of this resolution shall be
published in the official newspaper cf the City and no action may
be brought and no defense may be interposed in any action brought
more than 30 days after said publication, placing at issue the
validity of any provision of this resolution or the power of the
City to make any contact or to issue any bond, note, or other
obligation authorized hereby through the Commission.
A motion was made by Cormdssioner Beatty, seconded by Commissioner
Lyke to adopt resolution 13. Motion was unanimously carried.
Counsel Peterson reported on condition of bond sale and negotiations
of Integrated Transmission Agreement.
Mgr. Hakel informed the Commission the Chevrolet station wagon has
been sold for $2000.
There being no further business, the meeting was adjourned at 8:30 a.m.
ATTEST
E. Daggett, President
Thomas B. Lyke, Sec etary