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HomeMy WebLinkAboutResolution No. 651-04 - 4,^ ., _,I.ry r.a�.-.a+..•,.w.......,�.....,s,..,-__mac _ F,., - ZvT • JOINT RESOLUTION WHEREAS, the City of Rochester is a member of the Southern Minnesota Municipal Power Agency (SMMPA) and has signed a Power Sales Contract with SMMPA by which the City receives power from SMMPA for its electrical requirements; and, WHEREAS, in 1999, as permitted by the Power Sales Contract, the City of Rochester elected to freeze the amount of power it receives from SMMPA (commonly referred to as the Contract Rate of Delivery or "CROD") and thus to become a partial requirements member of SMMPA; and, WHEREAS, other city members of SMMPA elected to continue to take their total power requirements from SMMPA; and, WHEREAS, in the early 1990's, the City of Rochester Public Utility Board and Common Council became concerned that SMMPA might require the City'of Rochester to pay the cost of capital expansion projects required to meet the total requirements of those SMMPA members who have elected to extend the total requirements provision of their SMMPA power sales contracts beyond 1999; and, WHEREAS, on February 8, 1994, and February 24, 1994, the City of Rochester Public • Utility Board and Common Council adopted a resolution setting forth its concern and publicly announcing its intent to contest in a court of law any attempt by SMMPA-to cause the City of Rochester to pay for any generation or transmission capacity required to satisfy the generation or transmission requirements of those SMMPA members who have elected to extend their SMMPA power sales contracts beyond 1999. A copy of that resolution is attached and incorporated by reference; and, WHEREAS, on December 9, 2004, the SMMPA Executive Director wrote a letter to the Rochester Public Utility General Manager and stated that SMMPA had rejected the City's proposed dual rate model (that took into consideration the fact that.some SMMPA members remained total requirements members while RPU elected to become a partial requirements member) and instead reaffirmed "a single rate model for all Members;" and WHEREAS, in light of SMMPA's December 9, 2004, letter, the Rochester Public Utility Board and City of Rochester Common Council believe it important to reaffirm in its entirety the February, 1994, resolutions adopted by the Board and Council; and, NOW, THEREFORE, BE IT RESOLVED by the Rochester Public Utility Board and the City of Rochester Common Council that it reaffirm in its entirety the resolution dated February 8, and February 24, 1994, that is attached hereto. BE IT FURTHER RESOLVED that the City Clerk shall send a copy of this Joint Resolution • to the President of the SMMPA Board of Directors. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ZOT�c DAY OF { - , 2004. RF3�S1 ENT OF SAIIJ COMMON COUNCIL ATTEST: ,C TY CLERK APPROVED "THIS 2/5T DAY OF P&Y�L- , 2004. 14 MAYOR OF SAID CITY , (Seal of the City of Rochester, Minnesota) • PASSED BY THE PUBLIC UTILITY BOARD OF THE CITY .OF. ROCHESTER, MINNESOTA, THIS I (fl DAY OF DECEMBER, 2004. President Secretary Res2000\Resolu.SMMPA.SingleRate •