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RES 12-40 Exhibit A • RESOLUTION No. I2- 40 A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER SUPPORTING THE EXTENSION OF THE ELK RIVER MUNICIPAL UTILITIES ELECTRIC SERVICE TERRITORY WITHIN THE CITY OF ELK RIVER WHEREAS, the Village Council of the Village of Elk River, by resolution adopted on July 11, 1947, created a Water,Light, Power and Building Commission in and for the Village of Elk River; and WHEREAS, the Water,Light,Power and Building Commission in and for the Village of Elk River became,in 1949, by operation of Minnesota Statutes j!j 412.331- 412.391, a municipal utility now known as Elk River Municipal Utilities (ERMU);and WHEREAS, ERMU's original electric service territory included the Village of Elk River and portions of immediately adjacent communities; and • WHEREAS, ERMU has been authorized since 1974 to provide electric service to all areas within the city limits of the City of Elk River;and WHEREAS, in 1977 the town of Elk River and the old city of Elk River consolidated to form the new city of Elk River; and WHEREAS, in 1991 ERMU entered into a 20-year orderly electric service territory acquisition plan with Connexus Energy to acquire, over a period of 20 years, electric service territories that were previously within the town of Elk River; and WHEREAS, the 1991 agreement with Connexus Energy has now expired and there remain approximately 7,723 acres (1,774 existing properties) of area within the city limits of the City of Elk River which are not currently provided electric service by ERMU;and WHEREAS, approximately 1,807 acres (914 existing properties) of this area are currently within the City of Elk River's urban service district and have, or are planned to have, City water service which is provided by ERMU; and WHEREAS, the Board of Commissioners (Board) of ERMU has determined that it is in the best interests of the existing customers of ERMU, and believes it is in the best interests of all the citizens of the City of Elk River, for ERMU to provide electric service within the corporate boundaries of the City of Elk River, including in particular those areas within the Cit\- of Elk River's designated urban set-vice area, for the following reasons: • 1. As ERMU's electric service territory has grown since 1991 ER'\IL-has realized increased economies of scale which has helped reduce unit costs and improve the value of electric services provided to customers. Continued expansion will further improve these economies of scale and reduce electric costs for all citizens of the City in the future. 2. The increased customer base and load which ERMU has realized since 1991, and which would continue to build if ER'NIU's electric service territory continues to expand, has improved the City and ERMU's ability to market Elk River as a desirable location for large power users, such as data centers. 3. Having a uniform service territory for all municipal services will improve planning by the City and ERMU for future development, facilities and maintenance for water,wastewater, storm sewer and electric service throughout the City of Elk River. 4. Having ERNILU provide electric service to areas within the City which the City is promoting for economic development, particularly areas within the City currently designated for urban services,will create additional opportunities for cooperation and collaboration between the City and ERMU to promote economic development. 111 5. Having uniform municipal services throughout the city limits enhances the ability of the City and ERMU to provide services with local control and local accountability and will cause less confusion for electric customers. 6. ERMU,being locally based and serving the bulk of the City of Elk River already,would be able to provide the expansion areas with reduced dispatch distances and reductions in response time when electric utility personnel respond to outages, fires and traffic accidents involving energized electrical utility equipment. 7. As ERMU enters the market over the next six years for a wholesale power supplier, the increased customer base and load which an expansion of ERMU's electric service territory within the City would provide would improve ERMU's marketability to a wholesale power supplier or power agency, therefore potentially reducing electric costs for citizens within the city limits of the City of Elk River. 8. Increasing ERMU's customer base and revenues would increase the annual revenue transfer which ERMU contributes to the City. • 9. Expansion of ERMU's electric service territory would be at no cost to the City or the City's taxpayers. WHEREAS, in light of these benefits the Board, on June 12, 2012, began the process of developing an offer or offers to acquire all or portions of the electric service territory within the corporate limits of the City of Elk River which it does not currently serve; and WHEREAS, the Board believes it would be beneficial, as the process of developing and presenting an offer or offers to Connexus Energy proceeds, to have the support of the Elk River City Council for expansion of ERMU's service territory; and WHEREAS, the City Council has considered the Board's request and the benefits the Board identifies for extending ER1'\1U's service territory within the City so that residents of the City can have uniform municipal services; and WHEREAS, the City Council agrees with the Board that extending ERMU's service territory would have substantial benefits to the citizens and taxpayers of the City,including the benefits which the Board has identified. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Elk River adopts this resolution supporting the extension of ERMU's service territory within the City of Elk River. • Passed and Adopted this 6 rh day of August, 2012. Ilk ILA Jo it J. Di,tz, May.7 A T: Tina Allard, City Clerk GP:3206661 v2 i