5.4a EMRUSR 12-10-2024RESOLUTION NO.
A RESOLUTION TO ACKNOWLEDGE AND PROTECT THE RIGHT OF
VOTERS REGARDING THE PROVISION OF UTILITY SERVICE
(1) 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
(2) 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
(3) 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
(4) WHEREAS: access to service should be provided for all uses necessitated by all
residents and entities of the City; and
(5) WHEREAS: the utility and its services are vital to the continued planned and
orderly growth of the City; and
(6) 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 BY THE CITY COUNCIL OF THE CITY
OF ELK RIVER, MINNESOTA:
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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF ELK RIVER, MINNESOTA,
THIS DAY OF 20.
Mayor
Attested:
City Clerk
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