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RESOLUTION NO. 24-15 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES TO ACKNOWLEDGE AND PROTECT THE RIGHT OF VOTERS REGARDING THE PROVISION OF UTILITY SERVICE WHEREAS, Elk River Municipal Utilities (the utility) is a valuable public asset through which the City of Ek River, Minnesota (the City), maintains and perpetuates significant self -investment and public services made currently and by past generations to promote the general welfare of City residents; and WHEREAS, such investments contribute to ensuring and preserving the financial stability and fiscal integrity of the city's overall financial structure and credit rating; and WHEREAS, such public services ensure reliable, affordable, and sustainable utility service to all residents and users in the City at reasonable rates subject to the control and regulation of the City; and WHEREAS, access to service should be provided for all uses necessitated by all residents and entities of the City; and WHEREAS, the utility and its services are vital to the continued planned and orderly growth of the City; and WHEREAS, the right of the citizens of Elk River to determine the disposition of their municipal utilities through referendum is protected due to enactment of 1949 Minnesota Laws Chapter 119, section 42, codified as Minnesota Statutes, Section 412.321, subdivision 4: NOW, THEREFORE, BE IT RESOLVED THAT BE IT RESOLVED that the City shall continue to own and operate the City's municipal utilities unless and until, two-thirds of voters voting in a general or special election approve an ordinance or resolution passed by the City Council, concurred in by the public utilities commission if the utility is under the jurisdiction of such a commission, to lease or sell the utility or discontinue its operation, wholly or in part, as provided by Minnesota Statutes, Section 412.321, subdivision 4.