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85-1012 M�FIITE - CITV CLERK / PINK -`FINANCE COIIIICIl �j�_ �a� CANARV -7JEPARTMENT G I TY OF SA I NT PAIT L X � BLUE - MAVOR �/ File N . Cit�y Attny/PBB • • . . Council Resolution Presented By Referred To Committee: Date Out of Committee By� Date EREAS , the Port Authority of the City of Saint Paul ("Auth rity") has been granted a franchise, and is thereby author zed, to use public streets and property to construct and op rate a water heating and cooling system in the City of Sai t Paul; and EREAS, the Ordinance granting the franchise (Ordinance No . 16 60) , in conjunction with sections 16 .03 and 16 . 04 of the Charte , empower and require the City to consider and take action on Authority rate requests as provided therein; and EREAS, the Council desires to adopt for future application and re erence certain guidelines and policies , supplementing the proced res in the franchise ordinance and Charter, for the con- sidera ion by the Council of future Authority rate requests ; now, t erefore, R SOLVED, that it shall be the policy of the Council of the City o Saint Paul in its consideration of Authority requests for ch nge in rates , made by the filing of a new or amended Schedu e A to Ordinance No . 16960, to adhere to the following guidel nes : 1 . Section 6(e) of the Ordinance requires the A thority to give the City 60 days ' notice of i s intent to file a new or amended Schedule A. (a) The Authority shall, within thirty (30) days after 'such notice, provide the same notice to each Authority customer . This notification should to the extent COUNC[LMEN Requested by Department of: Yeas Na s [n Favor __ Against BY Adopted by Council: Date Form A pproved by City Attorney Certified Passed by Co ncil Secretary BY gy, A�pproved by Mavor: D te _ Approved by Mayor for Submission to Council By _ By WMITE - CITV CLERK � PINK FINANGE COUIICII D P_/ BLUERV 'MAVORTMENT GITY OF SAINT PALTL File NO. �/ v O/� • Council Resolution Presented By Referred To Committee: Date Out of Comm'ttee By Date -2- possibl� include the new or amended rates and regulat�ons sought by the Authority, shall establish the time, date and place for the meeting required in subsection (b) below, and include a copy of the Notice of Customer Rights attached hereto as Exhibit 1 . (b) The Authority shall , before filing its new or amended Schedule A, have a meeting at a date, time and place reasonably convenient for its custome�s , notice of which shall be given at least t�n (10) days in advance thereof to each of such customers , which meeting may be the Board meeting required by the Authority' s contract with its customers .� The Authority shall provide a copy of the proposed new or amended Schedule A and the documents filed with the 60 days ' notice to the City referred to above to the customers at such meeting. The Authority shall also advise the customers at such meeting that the Council of the City of Saint Paul must approve the new or amended rates or regulations before they become finall.y effective, together with furnishing a copy of Ordinance No . 16960 as amended. Customers shall b� allowed a reasonable opportunity to comment on the proposed rates or regulations at such meeting. 2 . The Authority shall, at the time it files its new or am nded Schedule A, file therewith an affidavit, executed by the respomsible Authority official or officials , setting COU[VCILMEN Requested by Department of: Yeas Na s In Favor _ __ Against BY Form Approved by City Attorney Adopted by Council: Date — Certified Yassed by Co ncil Secretary BY By, tlpproved by 14avor: D te _ Approved by Mayor for Submission to Council BY - – — BY WF11TE - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council ^`/r ^ GANAR; �DEPARTMENT File NO. �+� +/ D /W BLUE - MAVOR ' Council Resolution Presented By Referred To Committee: Date Out of Comm'ttee By Date -3- fo th the facts establishing its compliance with the re uirements of paragraph l . above. 3. If there appears to be objections from Authority c stomer(s) that the Council deems material to the pr posed new or amended Schedule A, the Gouncil may elect to request that the customer(s) and the Authority meet informally with a designated representative of the C ty Attorney' s staff, or such other city employee that t e Council shall designate, for the purpose of attempting to amicably resolve the material concerns . The City C ncil electing to adopt this particular procedure shall s t a date not less than fourteen (14) nor more than t irty (30) days thereafter for a report from the par- t' cipants on any material objections remaining. This p ocedure shall not in any way interfere with or delay t e implementation of interim rates . 4. In any matter , issue or instance not covered above, t e Council shall be free to exercise its own discretion, s bject to the requirements of law, the Charter and 0 dinance No , 16960. COUNCILMEN Requested by Department of: Yeas Na s [n Favor a __ Against BY Adopted by Council: Date AUG � �985 Form Approved by City Attorney Certified P�; • Cou cil t BY By, /�p ro by A7avor: t _ AU�7 ��5 Approved by Mayor for Submission to Council B — — BY PuBUSHEa� AU G 10 1985 �,s'-iai� . . EXHIBIT 1 N0'TICE OF CUSTOMER RIGHTS Th Port Authority of the City of Saint Paul (Authority) , which owns th Erier�y Park Energy System, has submitted a request to the City Co ncil to change its rates charged to Saint Paul customers . As an A thority customer , you have certain rights to be informed about t is change and opportunities to express your views on them before he City Council acts on the Authority' s request . The pur- pose of this notice is to describe those rights and opportunities . Back ro nd Th Authority has a franchise from the City to use streets and public roperty for piping and other equipment in operation of its hot wat r utility. The City Charter authorizes the City Council to regulat rates of such franchised utilities . Procedures for rate re�ulat on, including those of benefit to individual Authority custome s , are set out in the Authority franchise ordinance (Ordina ce No . 16960) and a subsequent Council resolution (C .F . 85- ) D ortu ities for customers to be informed Th Authority sends to each customer within 30 days of filing its req est a notice summarizing the proposed rate change, this notice f customer rights , and information on the Authority Board of Dire tors meeting for the Authority' s customers . Th Authority will schedule , arrange for, and hold a Board meeting At this meeting, the Authority will explain and discuss the pro osed rate change and will give each customer copies of the propose rate schedule and the Authority franchise ordinance. Each cu tomer has the right to ask questions and discuss the propose rates at the Board meeting . 0 ortu ities for customers to be heard Th City Council must hold a public hearing on the proposed rate change efore it acts on the change. Any customer or member of the public ay present statements or evidence to the City Council con- cerning the proposed rates at the public hearing. Notice of the public earing is published in the Legal Ledger ; persons can also find ou the date, time , and place by calling the City Clerk (298-42 1) . In addition, the Council' s standard practice is to discuss propose resolutions informally in committee . The resolution to approve or disapprove the proposed rate change wi11 be discussed in the ouncil` s Energy, Utilities , and Environment Committee. Custome s and members of the public may make comments and ask , j . . �vr_ �o•�- � -2- questio s at the committee meeting; date, time, and place are availab e from the City Clerk. If there are objections to the proposed rates , the City Council may request that one or more customers and the Authority meet in ormally with City representatives to resolve such objecti ns amicably. � �..s_ ����, ��•_ �. CITY OF SAINT PAUL ;"�~ '��, OFFICE OF THE CITY Al�'ORNEY �� �ii�i ii°i ��' �; „C� EDWARD P. STARR, CITY ATTORNEY ",,,,,�.�� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR July 23 1985 RECEIVE� JUL 2 31985 To : Kiki Sonnen COUNCIL MEMBER KIKI SONNEN From: Phil Byrne� Re: Energy Park Procedural Resolution Enclose is a revised page two to the Resolution currently before the Ene gy Committee which establishes Energy Park procedures . Also en losed is a "Notice of Customer Rights" to be attached to the Res lution, which is similar to that prepared for you by Karen S enson for the DHDC Resolution. It makes the name changes and refe s to the Port Authority board meeting as the customer meeting. Encs . cc : Kar n Swenson Ter y Garvey ' ,� �s _�o�z CITY OF SAINT PAUL - OFFIC� OF THE CITY COIINCIL � ....: ........... ���-���� D a t e : July 24, 1985 COMM (TTEE REPORT TO t Soint PQU I City Council F R� = C o m m it t e e O h ENERGY, UTILITIES $ ENVIRONMENT C H AIR Councilmember Kiki Sonnen Reso ution approving guidelines and policies for future rate increase requests for Energy Park. t its meeting of July 24, 1985, the Energy, Utilities d Environment Co�nittee reconmmended approval of � � he above resolution. ' CTTY HALL SEVENTH FLOOR SAINT'PAUL, MINNESOTA 55102 �,.