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RESOLUTION
WHEREAS, pursuant to the provisions of Minn. Stat. §453.58, subdivision 1, the City is
authorized to exercise any of the powers granted to a municipal power agency in Sections
453.51 to 453.62 notwithstanding any provision of any city charter or any other law denying,
limiting, or placing conditions upon the exercise of any such power; and,
WHEREAS, the City of Rochester wishes to exercise the following powers granted by
Section 453.54, subdivisions 2 and 14, and Section 453.55 to a municipal power agency:
1. Enter into contracts with other utilities to cooperatively plan, acquire,
construct, reconstruct, operate, maintain, repair, extend or improve
transmission projects within or outside the state as may best serve the
interests of the City of Rochester;
2. Acquire any interest in or any right to capacity of a transmission project
described above;
3. Act as agent or designate one or more of the other persons participating in
• such a transmission project to act as its agent, in connection with the
planning, acquisition, construction, reconstruction, 'operation, maintenance,
repair, extension or improvement of a transmission project described above;
or
4. Issue bonds to fund the expenses incurred by the City and the investments
undertaken by the City in furtherance of a transmission project described
above; and,
WHEREAS, the City of Rochester wishes to exercise the following powers granted by
Section 453.54, subd. 15 to a municipal power agency:
1. Contract with any person within or outside the state for the construction of
any project or for the sale, with or without advertising for bids, or
transmission of electric energy generated by any project, or for any interest
therein or any right to capacity thereof, on such terms and for such period of
time as its public utility board determines; and, ,
WHEREAS, the City of Rochester wishes to exercise the following power granted by
Section 453.56 to a municipal power agency:
1. Acquire all real or personal property that it deems necessary for carrying out
• a transmission project described above, whether in fee simple absolute or a
lesser interest, by condemnation and the exercise of the power of eminent
f
domain in accordance with Minnesota Statutes, Chapter 117; and,
WHEREAS, the City of Rochester wishes to exercise the following power granted by
Section 453.57 to a municipal power agency:
1. Pledge the City's rates, rents and other revenues, or any part thereof, as
security for the repayment, with interest and redemption premiums, if any,
of any moneys borrowed by it or advanced to it for the purpose of carrying
out the work necessary for such a transmission project and as security for
the payment of amounts due and owing by it under any contract entered
into as set forth above; and,
WHEREAS, the City of Rochester states its intent to fulfill any and all conditions
required by Sections 453.51 to 453.62, except for any requirement to incorporate, in order
to exercise the above-described powers.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that, pursuant to Section 453.58, subdivision 1, of the Minnesota Statutes, the City
does hereby state its intent to exercise those powers described herein.
BE IT FURTHER RESOLVED that, pursuant to Section 453.58, subdivision 2, the Council
directs the City Clerk to publish this resolution in the official newspaper of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 1?1th D OF «h24 12007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS 18th DAY OF 12007.
MAYOR OF SAID CITY
(Seal ofthe City of
Rochester, Minnesota)
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