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3/17 Draft: For presentation to Board <br /> ELECTRIC SERVICE TERRITORY AGREEMENT <br /> This agreement ("Agreement"), made and entered into the day of <br /> , 2015 by and between Elk River Municipal Utilities, a municipal <br /> utility duly organized and existing under the laws of the State of Minnesota ("Municipal") <br /> and Connexus Energy, a rural electric cooperative or•; zed and existing under the <br /> laws of the State of Minnesota ("Cooperative"), india ® /ly or collectively referred to as <br /> a "Party" or the "Parties." <br /> WHEREAS, the laws of the State of ;Minnesota, name y innesota Statutes §§ <br /> 2166.37-216B.47, provide the terms and conditions under which a �cipal utility may <br /> extend retail electric service throughout the corporate limits of the ci y, as well as <br /> authorize and permit electric utilities'to define end revise their electric service territories <br /> by their written consent and;agreement, <br /> WHEREAS, the City of Elk River, working with the Municipal, has extended <br /> sewer and,water,service;4t considerable public expense, to certain areas within the city <br /> limits, and the Munbipal and.the City Council have passed resolutions seeking to <br /> provide electric service to efresidents and businesses in the city limits; and <br /> WHEREAS. the Parties have a long history of reaching amicable agreements to <br /> transition electric service territory to the Municipal; and <br /> WHEREAS, the Parties desire to provide stability and reliability of service to the <br /> Parties' respective customers and members, and to support long-term planning for <br /> resources, power supply, and customer service; and <br /> WHEREAS, the Parties have negotiated a mutual settlement and wish to avoid <br /> litigation regarding compensation for such electric service territory matters, and <br /> acknowledge that this mutual agreement will not necessarily reflect the position of the <br />