HomeMy WebLinkAboutResolution No. 500-15 - RPU.WestSideEnergyStationPrjctRESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the Common
Council concurs in the resolution of the Rochester Public Utility Board appended hereto,
which resolution requests approval for the City to participate in the West Side Energy Station
Project.
The Mayor and the City Clerk are authorized and directed to execute said agreement
on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
(Seal of the City of
Rochester, Minnesota)
res. puMestisdeEnergy. Prj.
DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
7
illl Ifi, 11 1
III D
WHEREAS, the City of Rochester wishes to participate in the West Side Energy Station
Project; and
WHEREAS, the West Side Energy Station Project consists of various activities
ultimately used to provide capacity and energy though construction of a generation facility;
and,
WHEREAS, the West Side Energy Station Project is intricate, complex, and unique
requiring multiple project participants within and without the State of Minnesota and requiring
the planning, acquisition and construction of a generation facility which includes design,
engineering, procurement, construction, project management and erection of equipment,
systems and all appurtenances; and,
WHEREAS, Minn. Stat. §453.58, subd. 1, authorizes the City to exercise any of the
powers granted to a municipal power agency in Minn. Stat. §§453.51 - 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 has previously exercised the powers granted under Chapter 453
of the 2013 Minnesota Statutes Municipal Electric Power in prior projects and has found those
powers to be the most effective process for joint participant electric power projects; and,
WHEREAS, Minn. Stat. 453.54, subd. 2, states that a City may plan, acquire, construct,
reconstruct, operate, maintain, repair, extend, or improve one or more projects within or
outside the state; and,
WHEREAS, Minn. Stat. 453.52, subd. 10 defines "Project" to mean "any plant, works,
system, facilities, and real and personal property of any nature whatsoever, together with all
parts thereof and appurtenances thereto, used or useful in the generation, production,
transmission, purchase, sale, exchange, or interchange of electric energy or any interest
therein or capacity thereof;" and,
WHEREAS, the West Side Energy Station Project satisfies the definition of a Project as
a system used or useful in the generation of electric energy and,
WHEREAS, in participating in the West Side Energy Station Project, the City wishes to
invoke the authority provided to it in Minn. Stat. §453.58, subd. 1 and exercise the powers
granted by Section 453.51 to 453.62 to include the power to:
plan, acquire, construct, operate, maintain, repair, extend or improve one or more
projects within or outside the state
perform any act authorized by sections 453.51 to 453.62 through or by means of
its officers, agents, or employees or by contract with any person
acquire, own, use, lease as lessor or lessee, operate and dispose of real property
and interests in real property and make improvements thereon
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 board of
directors determines.
contract for the planning, acquisition, construction, reconstruction, operation,
maintenance, repair, extension, and improvement of generation and
transmission facilities outside of its corporate limits or those of its members, or
may contract with other public or private owners of these facilities to perform these
functions, without advertising for bids, preparing final plans and
specifications in advance of construction, or securing performance and payment
bonds, except to the extent that its governing body determines that these actions
are desirable in furtherance of the purposes of sections 453.51 to 453.62; and,
BE IT RESOLVED by the Public Utility Board and the Common Council of the City of
Rochester, Minnesota, to adopt this resolution in order to fulfill the requirements of Minn. Stat.
§453.58, subd. 1.
ROW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City does hereby invoke its authority under Minn. Stat. §453.58, subd. 1 to
exercise any of the powers granted in Minn. Stat. §§453.51 - 453.62 to a municipal power
agency.
BE IT FURTHER RESOLVED by the Common Council of the City of Rochester that,
pursuant to Minn. Stat. §453.58, subd. 2, the City Clerk is directed to publish this resolution in
the City's official newspaper.
Passed by the Public Utility Board of the City of Rocl�etfe'T innesota, this 29th day of
September, 2015.
M
Secretary