ERMU RES 24-15RESOLUTION 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.
This Resolution Passed and Adopted this 10th day of December 2024.