09-13-2011 HUCMSpecial Meeting
September 13, 2011
Members present: President Robert Hantge; Secretary Dwight Bordson; Commissioner
Donald H. Walser; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager
►� I I C a i F 1� � :t � i T i i 1
Member absent: Vice President Paul Nordin
President Hantge called the meeting to order at 12:00 p.m.
The minutes of the August 31, 2011 regular meeting were reviewed. A motion was
made by Commissioner Walser, seconded by Secretary Bordson, to approve the
minutes as written. Motion was unanimously carried.
Attorney Sebora presented Resolution 1006 along with a Limited Power of Attorney
giving GM Kumm the rights to negotiate and sign an Equipment Procurement
Agreement on behalf of Hutchinson Utilities Commission with Wartsila North America,
Inc. for the purchase of power generating equipment and auxiliary equipment for power
plant 1, and all other related documents. After discussion, a motion was made by
Commissioner Lenz, seconded by Secretary Bordson to approve Resolution 1006 and
Limited Power of Attorney giving GM Kumm the rights to negotiate and sign an
Equipment Procurement Agreement on behalf of Hutchinson Utilities Commission with
Wartsila North America, Inc. for the purchase of power generating equipment and
auxiliary equipment for power plant 1, and all other related documents. Motion was
unanimously carried. (Resolution 1006 and Limited Power of Attorney attached.)
There being no further business, a motion was made by Commissioner Lenz, seconded
by Secretary Bordson to adjourn the meeting at 12:07 p.m. Motion was unanimously
carried.
ATTEST:
Robert Hantge, President
Dwight Bordson, Secretary
Special Meeting
September 13, 2011
Members present: President Robert Hantge; Secretary Dwight Bordson; Commissioner
Donald H. Walser; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager
Michael Kumm
Member absent: Vice President Paul Nordin
President Hantge called the meeting to order at 12:00 p.m.
The minutes of the August 31, 2011 regular meeting were reviewed. A motion was
made by Commissioner Walser, seconded by Secretary Bordson, to approve the
minutes as written. Motion was unanimously carried.
Attorney Sebora presented Resolution 1006 along with a Limited Power of Attorney
giving GM Kumm the rights to negotiate and sign an Equipment Procurement
Agreement on behalf of Hutchinson Utilities Commission with Wartsila North America,
Inc. for the purchase of power generating equipment and auxiliary equipment for power
plant 1, and all other related documents. After discussion, a motion was made by
Commissioner Lenz, seconded by Secretary Bordson to approve Resolution 1006 and
Limited Power of Attorney giving GM Kumm the rights to negotiate and sign an
Equipment Procurement Agreement on behalf of Hutchinson Utilities Commission with
Wartsila North America, Inc. for the purchase of power generating equipment and
auxiliary equipment for power plant 1, and all other related documents. Motion was
unanimously carried. (Resolution 1006 and Limited Power of Attorney attached.)
There being no further business, a motion was made by Commissioner Lenz, seconded
by Secretary Bordson to adjourn the meeting at 12:07 p.m. Motion was unanimously
carried.
Owighf ordson, Secretary
ATTEST:
Robe ant e, President
Resolution No. 1006
A RESOLUTION AUTHORIZING MICHAEL KUMM, GENERAL MANAGER,
TO EXECUTE DOCUMENTS REQUIRED FOR THE PURCHASE OF GROSS
POWER GENERATION EQUIPMENT
WHEREAS, the Hutchinson Utilities Commission of the City of Hutchinson
approved the purchase of a 9.3 mw gross power generator from Wartsila North America,
Inc., at its regular monthly meeting held on August 31, 2011; and,
WHEREAS, at said meeting the Hutchinson Utilities Commission approved a
down payment of $1,685,000.00 to Wartsila North America, Inc.; and,
WHEREAS, at said meeting the Hutchinson Utilities Commission gave authority
to General Manager Michael Kumm and Electrical Division Director Steve Lancaster
authorization to sign the contract and any auxiliary documents to effectuate the purchase
of the natural gas fired reciprocating internal combustion engine generator set and
auxiliaries from Wartsila North America, Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE HUTCHINSON
UTILITIES COMMISSION OF THE CITY OF HUTCHINSON
That Michael Kumm, General Manager, is hereby appointed as attorney -in -fact as
indicated through the attached Limited Power of Attorney instrument and is hereby
empowered to execute any and all documents required to effectuate the purchase of the
above - described equipment and to tender the down payment above - described.
Adopted by the Hutchinson Utilities Commission this 13th day of
September ,2011.
RoberFflantge
President
ATTEST:
Dwigh Bordson
Secretary
LIMITED POWER OF ATTORNEY
The undersigned, Hutchinson Utilities Commission, an enterprise fund of the City of Hutchinson, a
Minnesota municipal corporation, having its principal offices at 225 Michigan Street SE,
Hutchinson, Minnesota 55350 ( "Company "), hereby constitutes, authorizes and appoints
MICHAEL KUMM
as its true and lawful attorney -in -fact entrusted with the following powers and authorities:
The rights to negotiate and sign an Equipment Procurement Agreement on behalf of the
Company with Wartsila North America, Inc. to certain Power generating equipment and
auxiliary equipment for a power plant to be located in Hutchinson, Minnesota, and all
other related documents thereto ( "Contract ").
This Limited Power of Attorney ( "Power ") is expressly subject to the following limitations:
1. This Power shall commence on September 13, 2011, and shall terminate on October 13,
2011.
2. This Power shall be exercised only with respect to transactions directly related to the
Contract and shall in no event exceed the limited powers and authorities stated above.
IN WITNESS WHEREOF, this Limited Power of Attorney was duly executed on this September 13,
2011.
HUTCHINSON U ITIES COMMISSION
By: ATTEST: y,
Name: Robert Hantge Name: Dwight rdson
Title: President Title: Secretary