04-27-2005 HUCM
Regular Meeting
April 27,2005
Members present: President Craig Lenz; Vice President Donald Walser; Secretary
David Wetterling; Commissioner Paul Ackland; Commissioner Steven Cook; General
Manager Michael Kumm; Attorney Marc Sebora
President Lenz called the meeting to order at 3:00 pm.
Secretary Wetterling made a motion to approve the minutes of the March 30, 2005
Regular Meeting. Commissioner Ackland seconded the motion and it passed
unanimously.
Commissioner Ackland made a motion to appoint Linda Madson as the Recording
Secretary for the Utility Commission Meetings. Vice President Walser seconded the
motion and it passed unanimously.
Dustin Cross gave an update on the natural gas pipeline condemnation hearings that
took place on April 25th and the 26th.
Secretary Wetterling made a motion to ratify the payment of bills in the amount of
$3,078,853.95 (detailed listing in payable book). Commissioner Ackland seconded the
motion and it passed unanimously.
Commissioner Ackland made a motion to approve the financial statement and budget
year to date. Commissioner Cook seconded the motion and it passed unanimously.
Commissioner Ackland made a motion to approve the write-offs of delinquent accounts
in the amount of $4,411.53. Secretary Wetterling seconded the motion and it passed
unanimously.
Vice President Walser made a motion approving Authorizing of Already Approved
Power Sale Agreement with MRES. Commissioner Ackland seconded the motion and it
passed unanimously.
Commissioner Ackland made a motion approving Transferring 40MW Block to MRES
and Execute Assignment Agreement. Commissioner Cook seconded the motion and it
passed unanimously.
A decision was made not to nominate an elected or appointed official to the APGA
Public Gas Policy Council.
Paul Harvego of Fawcett Young and Associates presented the financial audit for 2004.
Vice President Walser made a motion to approve the 2004 audit as presented.
Secretary Wetterling seconded the motion and it passed unanimously.
Vice President Walser made a motion to approve Requisition #1090 to Border States for
Single Phase Padmount 200 Amp VFI Switches. Commissioner Ackland seconded the
motion and it passed unanimously.
Division reports were presented.
Commissioner Cook discussed changing the re-organization dates of the Commission
Board members to take place in January instead of October. Attorney Sebora will check
the City Charter to see what, if any, actions need to take place.
Commissioner Ackland made a motion to close the meeting to discuss litigation
proceedings. Secretary Wetterling seconded the motion and it passed unanimously.
The meeting was closed at 5:20 p.m.
Vice President Walser made a motion to move from closed meeting back to open
meeting. Commissioner Ackland seconded the motion and it passed unanimously. The
meeting was reopened at 5:37 p.m.
Secretary Wetterling made a motion to adjourn the meeting at 5:40 p.m. Commissioner
Ackland seconded the motion and it passed unanimously.
David Wetterling, Secretary
ATTEST
Craig Lenz, President
F
Regular Meeting
April 27, 2005
Members present: President Craig Lenz; Vice President Donald Walser; Secretary
David Wetterling; Commissioner Paul Ackland; Commissioner Steven Cook; General
Manager Michael Kumm; Attorney Marc Sebora.
President Lenz called the meeting to order at 3:00 pm.
Secretary Wetterling made a motion to approve the minutes of the March 30, 2005
Regular Meeting. Commissioner Ackland seconded the motion and it passed
unanimously.
Commissioner Ackland made a motion to appoint Linda Madson as the Recording
Secretary for the Utility Commission Meetings. Vice President Walser seconded the
motion and it passed unanimously.
Dustin Cross gave an update on the natural gas pipeline condemnation hearings that
took place on April 25t" and the 26tH
Secretary Wetterling made a motion to ratify the payment of bills in the amount of
$3,078,853.95 (detailed listing in payable book). Commissioner Ackland seconded the
motion and it passed unanimously.
Commissioner Ackland made a motion to approve the financial statement and budget
year to date. Commissioner Cook seconded the motion and it passed unanimously.
Commissioner Ackland made a motion to approve the write -offs of delinquent accounts
in the amount of $4,411.53. Secretary Wetterling seconded the motion and it passed
unanimously.
Vice President Walser made a motion approving Authorizing of Already Approved
Power Sale Agreement with MRES. Commissioner Ackland seconded the motion and it
passed unanimously.
Commissioner Ackland made a motion approving Transferring 40MW Block to MRES
and Execute Assignment Agreement. Commissioner Cook seconded the motion and it
passed unanimously.
A decision was made not to nominate an elected or appointed official to the APGA
Public Gas Policy Council.
Paul Harvego of Fawcett Young and Associates presented the financial audit for 2004.
Vice President Walser made a motion to approve the 2004 audit as presented.
Secretary Wetterling seconded the motion and it passed unanimously.
1
Vice President Walser made a motion to approve Requisition #1090 to Border States for
Single Phase Padmount 200 Amp VFI Switches. Commissioner Ackland seconded the
motion and it passed unanimously.
Division reports were presented.
Commissioner Cook discussed changing the re- organization dates of the Commission
Board members to take place in January instead of October. Attorney Sebora will check
the City Charter to see what, if any, actions need to take place.
Commissioner Ackland made a motion to close the meeting to discuss litigation
proceedings. Secretary Wetterling seconded the motion and it passed unanimously.
The meeting was closed at 5:20 p.m.
Vice President Walser made a motion to move from closed meeting back to open
meeting. Commissioner Ackland seconded the motion and it passed unanimously. The
meeting was reopened at 5:37 p.m.
Secretary Wetterling made a motion to adjourn
Ackland seconded the motion and it passed un<
ATT
Crai Lenz, Pr sid t
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meeting at 5:40 p.m. Commissioner
:)usly.
, Secretary
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Resolution 168
As per resolution #1000 adopted 11 -29 -06
Numbering resolutions from 1936 — 2006
For search purposes only
HUTCHINSON PUBLIC UTILITIES COMMISSION
A RESOLUTION AUTHORIZING THE EXECUTION OF A CERTAIN AGREEMENT
BETWEEN MISSOURI BASIN MUNICIPAL POWER AGENCY DOING BUSINESS AS
MISSOURI RIVER ENERGY SERVICES (THE "AGENCY "), WESTERN MINNESOTA
MUNICIPAL POWER AGENCY ( "WESTERN MINNESOTA "), AND HUTCHINSON
MUNICPAL UTILTIES ( "HUTCHINSON ") POWER SALE AGREEMENT.
WHEREAS the Commission approved the aforementioned Power Sale Agreement by
motion at its meeting on March 30, 2005, and desires to adopt this resolution to describe further
the particulars of the intent of the Commission,
NOW THEREFORE BE IT RESOLVED BY THE PUBLIC UTILITIES COMMISSION
OF THE CITY OF HUTCHINSON:
Section 1. It is hereby found, determined and declared that:
A. By motion at its meeting on March 30, 2005, the Commission approved the
Power Sale Agreement with all of the rights and obligations therein.
Section 2. The Commission does hereby approve, in the form submitted to the Commission
at its March 30, 2005 meeting, the Power Sale Agreement between the Commission, Western
Minnesota, and the Agency.
Section 3. The Chair and Secretary of the Commission are hereby authorized and directed to
execute the foregoing document for and on behalf of Hutchinson, if not already performed, to
cause its delivery to the Agency, and to take such other reasonable and appropriate actions as
may be necessary to fulfill the purposes of this resolution.
This Resolution is adopted by the Hutchinson Public Utilities Commission on this a7
day of , 2005.
Resolution 169
As per resolution #1000 adopted 11 -29 -06
Numbering resolutions from 1936 — 2006
For search purposes only
Hutchinson Utilities Commission
Resolution re Transfer to Missouri River Energy Services of
Interest of Hutchinson Utilities Commission in the Big Stone II Project
WHEREAS, Hutchinson Utilities Commission ( "Hutchinson ")and Missouri
Basin Municipal Power Agency, d/b /a Missouri River Energy Services ( "MRES ") are
parties to the Big Stone II Project Steering Committee Agreement ( "Steering Committee
Agreement ") dated December 17, 2003, as amended; and
WHEREAS the Steering Committee Agreement gives each of MRES and
Hutchinson rights to participate in the Big Stone II Project along with the other parties to
the Steering Committee Agreement; and
WHEREAS Hutchinson desires to transfer to MRES and MRES desires to acquire
all of Hutchinson's right, title and interest in the Big Stone Steering Committee
Agreement and the Big Stone II Project in exchange for MRES entering into a power sale
agreement with Hutchinson.
that:
NOW, THEREFORE, BE IT RESOLVED by the Hutchinson Board of Directors
1. Hutchinson is authorized to transfer all of its right, title and interest in the
Big Stone II Project to MRES.
2. The Chair and Secretary of the Commission are hereby authorized and
directed to execute the Assignment Agreement between Hutchinson and
MRES dated May 1, 2005 for and on behalf of Hutchinson, and to take
such other reasonable and appropriate actions as may be necessary for
Hutchinson to effect the transfer of its interest in the Big Stone II Project
to MRES or to fulfill the purposes of this resolution
This Resolution is adopted by the Hutchinson Public Utilities Commission on this
day of / , 2005.
ASSIGNMENT AGREEMENT
This ASS GNMENT ( "Agreement ") is made and entered into effective as of this U-7
day of [ 2005, by and between HUTCHINSON UTILITIES COMMISSION, a
municip corporation and political subdivision of the State of Minnesota ( "Hutchinson" or
"Assignor" )the MISSOURI BASIN MUNICIPAL POWER AGENCY, a body corporate and
politic organized under Chapter 28E of the Code of Iowa doing business as Missouri River Energy
Services ( "MRES" or "Assignee ").
RECITALS
WHEREAS, Hutchinson and MRES are parties to the Big Stone II Project Steering
Committee Agreement ( "Steering Committee Agreement ") dated December 17, 2003, as
amended; and
WHEREAS the Steering Committee Agreement gives each of MRES and Hutchinson rights
to participate in the Big Stone II Project along with the other parties to the Steering Committee
Agreement; and
WHEREAS Hutchinson desires to transfer to MRES and MRES desires to acquire all of
Hutchinson's right, title and interest in the Big Stone Steering Committee Agreement and the Big
Stone II Project.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
agreements herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as
follows:
Assignment. Assignor hereby grants, bargains, sells, assigns, transfers and conveys
unto Assignee, all of Assignor's rights, title and interests in the Steering Committee
Agreement and the Big Stone II Project.
2. Acceptance of Assignment. Assignee hereby accepts the grant, bargain, sale,
assignment, transfer and conveyance of all of Assignor's right, title and interest in, to
and under the Steering Committee Agreement and the Big Stone II Project.
3. Representations and Warranties. Each of Assignor and Assignee represent and
warrant that it has the power and authority to enter into and perform this Agreement,
and that it has taken all such actions necessary to authorize its performance of this
Agreement.
4. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original and all of which when taken together will constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the
date and year first above set forth.
ASSIGNOR:
HUTCHINSON UTILITIES COMMISSION
Name: /
Title: ,t+ �'� T• `2 /G'iT��r�'V�
u
ASSIGNEE:
MISSOURI BASIN MUNICIPAL POWER
AGENCY
By:
Name:
Title:
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