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<br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />Request for Action <br /> <br /> <br />To <br />Mayor and City Council, Chair and Utilities Commission <br />Item Number <br />3.2 <br />Agenda Section <br />Joint Meeting <br />Meeting Date <br />November 18, 2019 <br />Prepared by <br />Troy Adams, P.E. – ERMU General Manager <br />Item Description <br />Elk River Municipal Utilities Payment in Lieu of <br />Taxes Policy and Other Donations to the City of <br />Elk River Policy <br />Reviewed by <br /> <br /> <br />Reviewed by <br /> <br /> <br /> <br /> <br />Action Requested <br />Review Elk River Municipal Utilities Commission Policy G.2a1 Payment in Lieu of Taxes and Other <br />Donations to the City of Elk River. <br /> <br />Background/Discussion <br />Consistent with ERMU Commission Policy G.2a Commission – City Council Relationship and Roles, the <br />Commission reports to the City Council a change to the Payment in Lieu of Taxes (PILOT) policy that <br />will have a material financial to the city budget. On October 8, 2019, the Commission approved, by <br />motion, a revision to the PILOT policy which will increase the overall transfer from the electric fund to <br />the city general fund. <br /> <br />In 2016, the PILOT policy had been revised following the execution of a multi-year electric service <br />territory transfer agreement with a neighboring cooperative electric utility. The agreement included the <br />terms for the cooperative to transfer approximately 2,000 electric accounts and 12 square miles of electric <br />service territory within the corporate boundary of the City of Elk River to ERMU over a five year period. <br />Consistent with state statute, the terms included provisions for loss of revenue (LOR) payments to be <br />made from ERMU to the cooperative over a 10 year defined period of time. The areas of the multi-year <br />orderly transfer would each have their own LOR payment schedule. The effect of the ten year LOR <br />payments over five years of transfers is 15 years of LOR payments to the cooperative. <br /> <br />The PILOT from ERMU to the City is calculated on sales to customers within the city limits. The electric <br />sales in the affected areas of the transfer agreement previously served by the cooperative were not <br />included in the calculation for PILOT as they were not ERMU customers. As a way to pay for the costs <br />of electric service territory transfers, ERMU engaged the City about excluding PILOT on the transferred <br />customers until the LOR payments had finished. This exclusion of PILOT was revenue the city was <br />previously not receiving and there was an understanding that this was a partnership effort to invest in the <br />growth of the ERMU electric customer base for significant long term return on that investment. <br />