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AGREEMENT REGARDING <br />MANAGEMENT OF THE ELK RIVER WATER SYSTEM <br />THIS AGREEMENT ("Agreement") made and entered into by and between the City of Elk <br />River, ("City") 13065 Orono Parkway, Elk River, Minnesota 55330; and Elk River Municipal <br />Utilities ("Utilities") 13069 Orono Parkway, Elk River, Minnesota, 55330. <br />WITNESSETH <br />WHEREAS, Utilities operates the City of Elk River electric and water utilities; and <br />WHEREAS, City operates and manages all other municipally owned infrastructure within the <br />City, including the public streets and sanitary sewer system;`and <br />WHEREAS, much of the infrastructure for the City of Elk River water system is located under <br />public streets within right of way owned and managed by the City; and' <br />WHEREAS, development and operation of that portion of the water system ocated within <br />public right of way requires careful coordination with and supervision by the City Public Works <br />Department; and <br />WHEREAS, management and operation of the water system also requires careful coordination <br />with the City Public Works Department, which'manages the City's sanitary sewer system; and <br />WHEREAS, City and Utilities agree that it will be more efficient, and the public interest will be <br />better served, by having management of the CiTy water system under the City Public Works <br />Department; and <br />WHEREAS, City and Utilities desire to enter into this Agreement providing for management of <br />the City of Elk River Water System by the City Public Works Department; and <br />WHEREAS, this Agreement is authorized and provided for by Minnesota Statutes § 471.59 and <br />by Minnesota Statutes § 412:361, Subd. 5. <br />NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter <br />set forth, City and Utilities agree as follows: <br />1. SERVICES TO BE PROVIDED. The City Public Works Director, or such other City <br />employee or representative as the City Administrator or City Council shall designate, <br />shall provide to Utilities the Management Services described in Attachment A <br />("Management Services"). Any City employee or representative providing Management <br />Services to Utilities will continue, at all times, to be supervised, controlled, and directed <br />by the City. <br />2. RESPONSIBILITIES RETAINED BY UTILITIES. Utilities shall continue to operate <br />the City of Elk River Municipal Water Utility. The Management Services to be provided <br />by City to Utilities shall be limited to the management, supervisory, advisory, planning <br />and budgeting services described in Attachment A. Utilities shall retain all other <br />