HomeMy WebLinkAboutResolution 15-101 Resolution 15-101
Resolution authorizing the Execution of the following documents with
the Western Area Power Administration: Firm Electric Service Contract
No. 15-Ugpr-L000; Firm Electric Service Contract No. 15-Ugpr-130;
Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility
Arrangements Contract No. 15-Ugpr-3000.
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, pursuant to previous action taken, the City of Brookings and Brookings
Municipal Utilities ("BMU") have entered into an agreement and supplements to that
agreement to obtain a firm power allocation of federal hydroelectricity from the United
States Department of Energy, Western Area Power Administration, Pick-Sloan Missouri
Basin Program, Eastern Division, ("Western") pursuant to a Contract for Firm Electric
Service for a term extending through December 31, 2020; and
Whereas, the City of Brookings and Western desire to enter into new agreements
providing for the continued allocation of federal hydroelectricity; and
Whereas, Western has asked the City of Brookings to consider approving a new
Contract for Firm Electric Service and its associated exhibits and Agreements, each
effective commencing on January 1, 2021 and continuing for a term through December
31, 2050; and
Whereas, Western has advanced the contract extension discussions through an open
and collaborative public process referred to as the "2021 Power Marketing Initiative" or
the 2021 PMI which concluded with the publication in the November 16, 2011 Federal
Register of the contract details; and
Whereas, BMU has determined that it is in the public interest to enter into this long-term
agreement to provide its customers with a reliable, low-cost and environmentally friendly
source of power and energy; and
Whereas, Richard J. Helsper, attorney for BMU, has reviewed the proposed
agreements and has concluded, by written opinion dated September 21, 2015, that the
agreements are acceptable for execution; and
Whereas, the City Attorney has reviewed the Opinion of Richard J. Helsper and
applicable State law, particularly SDCL 9-39-6 and 9-39-22, and has concluded the City
of Brookings' governing board has the authority and right to authorize BMU to enter into
these agreements on behalf of the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That Firm Electric Service Contract No. 15-UGPR-1000 be signed by
Brookings Municipal Utilities, by and through its Executive Vice President and
General Manager in the form presented; and
B. That BMU's current Firm Electric Service Contract No. 15-UGPR-130 be
signed by Brookings Municipal Utilities, by and through its Executive Vice
President and General Manager in the form presented; and
C. That proposed Interconnection Contract No. 15-UGPR-2000 be signed by
Brookings Municipal Utilities, by and through its Executive Vice President and
General Manager in the form presented; and
D. That Consolidated Facility Arrangements Contract No. 15-UGPR-3000 be
signed by Brookings Municipal Utilities, by and through its Executive Vice
President and General Manager in the form presented.
Passed and approved on the 22"d day of September, 2015.
CITY OF BROOKINGS
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Tim Reed, Mayor
ATTEST:
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Shari Thornes, City Clerk