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RES 24-81ctr `W4_ -- City of Elk River Ver City Council Resolution 24-81 A Resolution of the City Council of the City of Elk River to Acknowledge and Protect the Rights of Voters Regarding the Provision of Utility Service WHEREAS: Elk River Municipal Utilities (Utility) is a valuable public asset through which the City of Ek River, Minnesota (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: 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 Utility 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, as follows: The City shall continue to own and operate the Utility 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 this 16th day of December 2024. Wjll&�J.ayor �rrFrfr rr WATIJiE ATTEST: Tina Allard, City Clerk 11/EAEI Ir NATURE