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RESOLUTION NO. <br />A RESOLUTION TO ACKNOWLEDGE AND PROTECT THE RIGHT OF <br />VOTERS REGARDING THE PROVISION OF UTILITY SERVICE <br />(1) WHEREAS: Elk River Municipal Utilities (the utility) is a valuable public asset <br />through which the City of Ek River, Minnesota (the City), maintains and perpetuates <br />significant self -investment and public services made currently and by past <br />generations to promote the general welfare of City residents; and <br />(2) WHEREAS: such investments contribute to ensuring and preserving the financial <br />stability and fiscal integrity of the city's overall financial structure and credit rating; <br />and <br />(3) WHEREAS: such public services ensure reliable, affordable, and sustainable utility <br />service to all residents and users in the City at reasonable rates subject to the control <br />and regulation of the City; and <br />(4) WHEREAS: access to service should be provided for all uses necessitated by all <br />residents and entities of the City; and <br />(5) WHEREAS: the utility and its services are vital to the continued planned and <br />orderly growth of the City; and <br />(6) WHEREAS: the right of the citizens of Elk River to determine the disposition of <br />their municipal utilities through referendum is protected due to enactment of 1949 <br />Minnesota Laws Chapter 119, section 42, codified as Minnesota Statutes, Section <br />412.321, subdivision 4: <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF ELK RIVER, MINNESOTA: <br />The City shall continue to own and operate the City's municipal utilities unless and until, <br />two-thirds of voters voting in a general or special election approve an ordinance or <br />resolution passed by the City Council, concurred in by the public utilities commission if <br />the utility is under the jurisdiction of such a commission, to lease or sell the utility or <br />discontinue its operation, wholly or in part, as provided by Minnesota Statutes, Section <br />412.321, subdivision 4. <br />PASSED AND ADOPTED BY THE CITY COUNCIL OF ELK RIVER, MINNESOTA, <br />THIS DAY OF 20. <br />Mayor <br />Attested: <br />City Clerk <br />137 <br />