Sec. 7-233d. Filings with Secretary of the State. Effect.
Sec. 7-233d. Filings with Secretary of the State. Effect. (a) A certified copy of
each concurrent resolution creating a municipal electric energy cooperative, which is
adopted pursuant to subsection (a) of section 7-233c, and a certified copy of each of
the proceedings of the municipalities consenting and agreeing to the formation of the
municipal electric energy cooperative as required by said subsection (a), shall be filed
in the office of the Secretary of the State. Upon proof of such filing of a certified copy
of the concurrent resolutions creating the municipal electric energy cooperative and the
municipal proceedings as aforesaid, the municipal electric energy cooperative therein
referred to shall, in any suit, action or proceeding involving the validity or enforcement
of, or relating to, any contract or obligation or act of the municipal electric energy
cooperative, be conclusively deemed to have been lawfully and properly created, organized and established and authorized to transact business and exercise its powers under
this chapter.
(b) A certified copy of each resolution approving the addition of a municipal electric
utility to an existing municipal cooperative, which is adopted pursuant to subsection
(b) of section 7-233c, and a certified copy of the proceedings of the municipality represented by such municipal electric utility consenting and agreeing to membership in such
municipal cooperative as required by said subsection (b), shall be filed in the office of
the Secretary of the State. Upon proof of such filing of a certified copy of such resolutions
and such municipal proceedings, such municipal electric utility shall be deemed to be
a member of such municipal cooperative.
(c) A certified copy of each resolution approving the withdrawal of a municipal
electric utility from an existing municipal cooperative, which is adopted pursuant to
subsection (c) of section 7-233c, and an affidavit by the withdrawing municipal electric
utility stating that the legislative body of the municipality has not disapproved of such
withdrawal in the manner provided under said subsection (c), shall be filed in the office
of the Secretary of the State. Upon proof of such filing of a certified copy of such
resolutions and such affidavit, such municipal electric utility shall conclusively be
deemed to have lawfully and properly withdrawn from the municipal cooperative and the
municipal electric utility shall be deemed never to have been a member of the municipal
cooperative and shall no longer have any right, title or interest in the property of the
municipal cooperative.
(d) A copy of any such resolutions or proceedings filed under this section, duly
certified by or on behalf of the Secretary of the State, shall be admissible in evidence
in any suit, action or proceeding and shall be conclusive evidence of the due and proper
filing thereof as aforesaid.
(P.A. 75-634, S. 4, 24; P.A. 76-237, S. 4, 9; P.A. 86-354, S. 3, 6.)
History: P.A. 76-237 required filing of certified copy of municipal proceedings as well as of concurrent resolutions;
P.A. 86-354 divided section into Subsecs. and added Subsecs. (b) and (c), re filings for addition or withdrawal of a municipal
electric utility from a municipal electric energy cooperative.