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~i ~ <br />Elk River -=~ <br />Municipal Utilities <br />13069 Orono Parkway • P.O. Box 430 Phone: 763.441.2020 <br />Elk River, MN 55330-0430 Fax: 763.441.8099 <br />April 14, 2009 <br />To: Elk River Municipal Utilities Commission <br />John Dietz <br />Jerry Gumphrey <br />Daryl Thompson <br />From: John Dietz <br />Subject: Use of City Attorney <br />In the past ERMU I~as used both City Attorney Peter Beck and other outside attorneys to <br />deal with any legal issues. Our local contact in recent months has been Ron Black. <br />By law, Utility Commissions do not have the authority to hire their own attorneys. They <br />are supposed to use the City Attorney. (See attached case law). <br />At today's meeting I will be making a motion that we use City Attorney Peter Beck and <br />his office for all future ERMU legal work. I have visited with City Administrator Lori <br />Johnson and she has assured me that we will get the same contract rate that the City pays. <br />I believe this will streamline and simplify our legal issues. Many of them cross over with <br />the City anyway and it makes sense that we have the same attorney. <br />I have every confidence that tl~e City Attorney will always look out for the best interests <br />of Elk River Municipal Utilities. <br />C~~~ <br />