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07-031 RES e e e RESOLUTION 07-21- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING THE CONSTRUCTION OF A 150-200 MW SIMPLE-CYCLE PEAKING PLANT FUELED PRIMARILY BY NATURAL GAS WITH FUEL-OIL BACK-UP WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Great River Energy (GRE) plans to construct a 150-200 MW sirnple- cycle peaking plant fueled primarily by natural gas with fuel-oil back-up (the "Project"); and GRE has identil1ed a site in the City of Elk River (the "City") where GRE has an existing 230 kV substation and a RDF-fIred generating plant as a leading site for the proposed Project due to the proximity of high voltage transmission lines, natural gas pipelines, and compatible land uses; and prior to construction, the Project will need to be issued a Certificate of Need and Site Permit from the Minnesota Public Utilities Commission, and an Air Permit from the Minnesota Pollution Control Agency; and the Project will provide wholesale electricity to benefit primarily GRE's 28 member electric cooperatives, including Connexus Energy, which provides electricity to Elk River Municipal Utilities; and the Project will provide significant jobs during construction; and the Project is expected to pay real estate taxes; and in order for GRE to proceed with the development of the Project in Elk River, the annual taxation of the Project will need to be comparable with other existing or proposed peak electric generation facilities within the state; and . under current law, the Project would have to pay approximately $1.06 million in its first year due to property taxes on electrical generation equipment, in addition to approximately $310,000 in real estate taxes and personal property taxes on natural gas and transmission line upgrades; and the Legislature has granted personal property tax exemptions to more than two dozen proposed power plants in Minnesota since 1994 and, as a result, personal property exemptions are critical to be competitive with other existing and proposed plants that have received an exemption in Minnesota; and e e e WHEREAS, GRE is willing to enter into a host agreement with the City that will provide an in-lieu payment to the City for a period of time in return for the City's support for a personal property tax exemption on the electrical generation equipment. NOW THEREFORE BE IT RESOLVED, the City of Elk River, acting by and through its City Council, RESOLVES: 1. That if an appropriate host agreement is entered into between GRE and the City, then the economic benefits to the City from the construction of a 150-200 MW electric generation facility using primarily natural gas operating in a simple-cycle mode operated in Elk River at the site of GRE's existing RDF-fired generating plant and 230 k V substation will outweigh any potential impacts on the City; and 2. That the City supports an amendment to the 11innesota property tax statutes exempting the Project's electric generation equipment from personal property taxes, taxing only its real property and the personal property of the transmission and natural gas interconnections, provided that an appropriate host agreement is agreed on and entered into. Such an amendment would result in taxation similar to other previously exempted electric generation projects in 11innesota. Passed and adopted by the Elk River City Council this 20th day of February, 2007. ,:1T tft Tina Allard, City Clerk