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261126 . . a r . _ , ,..�. . ,, .. . . . � � _, _ � s . , ; -. 261�,��; CITY OF ST.PAUL OOUNCIL FILE N0. FINAL ORDER By File No. In the Matter of T____._ , T.,_� . . , . _ . . . ,. � - - Constructing and reconstructing sidewalks and by doing all other work which is necessary and incid.ental to complete said improvement, except where it is determined that good and suffic,ient poured sidewalks now exist: Finance File No. Description S9776 `° SNELLING AVE. , both sides from Laurel Ave. to Hague Ave. ' S9777 � ST. CLAIR AVE. , south side from Macalester St, to the West 120 feet. S9778 g SNELLING AVE. , west side from Portland Ave, to the North 112.6 feet. 59779 `! ST. CLAIR AVE. , south side from Davern St. to the West 80 feet. S9780 �� WHEELER ST. , both sides from Wordsworth Ave, to Field Ave, S9782 11 PRINC ETON AVE. , north side from Macalester St, to Cambridge St. S9781 J PRINCErON AVE. , south side from Macalester St. to Amherst St. The Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due notice , thereof having been given as prescribed by the City Charter; and WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improve- ment and has fully considered the same; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul does hereby order that the above-described improvement be made, and the proper City officers are hereby directed and authorized to proceed with the improvement; and be it FURTHER RESOLVED, That upon the completion of said improvement, the proper City officers shall calculate all expenses incurred therein and shall report the same to the City Council in accordance with Ehapter 14 of the City Charter. � - APR �61973 COiJ�IC��MEN Adopted by the Council: Date Yeas ��rNays � � C d assed by nn ' retary Ko�ooa#zki � Le n� � r�i�� In Favor B 3 � �' .. i�cdes�o • - —�.Against ' -8�#�er- A�rit ayor . Pueu��D �AY 519�'� E wnice ,-�cicv c�e�k � ' G I:TY O F 5A I N T �A U L �`" � �� Pink — Finance Dept. NO: � , Canary— Dept. � '197'� t , � i + , OFFIGF. OF TTIL MAYOR �EB 1 � ` , Date: � � � ADMINISTRATIVE ORDER �� (� k �� > � � i t 6. �v� [ .:� � �.---.��°�� ' � �,. ,f t �t f � 1 fr� �, ADMINISTRATIVE ORDER, Z, That the Director of the Department of Public Works is herebq suthorized and dizected to prepare plane, obtain surveqs, prepare estimates and inveatigate the � neeessity to canstruct aad/oz reconstruct the sidewalks on the following streets � and do �all other work vhich ic neceasary and incidental to complete said impro�remeat: �"- �� 1� �oth sides of Snalling Ave. from Laurel St. to t�ague St. "� , � _y,� r� ✓South side of St. Clair Ave. from Macalester St. to West 120' � � ✓West side of Snellin Ave. from Portland Ave. to Yo. 112.6' `� � :S- `�77 d' g t -s � c�7 �;,c� /`South side of St. Clair Ave. from Davern St. to West 80` `� i � c ��V�t6 sides of Wheeler St. fro� �lordswozth Ave. to Fie1d Ave. � S- l . � � `5-_ c��.-� North side of Princeton Ave. from Maca2ester St. to Cambridge St. % i k ci Soath side of Princeton Ave. from Macalester St. to Amherst St. � � � S- � �.�'"� � � The Director of Finance is herebq directed to pzepare the preliminary order and •� schedule this matter for public hearing. � f 'r :� . � �4��6 i ��< <� , :"� ' i �`�,� � O �� ` �� . �t � �� . �. �V � �r� � �4 Z� ,Q� � `��C`c' . 1,��'�'�G' �JZSI� f � APPROVED AS TO FORM , � � / ! � z � € L ' '\� t�'�` — Assistant City tlttorney 11 C OZ � Department Head � Da:►iel J. Dunford v,'�. - - �, . ,"�M►4t1� f � . �� . � � , � . . o�- l� l�3 � ' ��_ ----- . � , �?. ' Date • , _ �_. k �,��t_ mmistrative Assistant to Mayo7� . � ' � ��tY �p �. 1`��.y • i.. � � 4�t�t� a' ��.s � � CITY OF SAINT PAUL Capita) of Minnesota DEPARTMENT OF PUBLIC WORKS 234 City Hell & Court House 55102 February 20, 1973 i�4r. Robert :J. Trudeau �, Director of Finance Room 109 City Hall ATTENTION: Paul Desch e: ons�ruct and/or reconstruct side�•�allcs. Dear Sira Please prepare the Preliminary Order for the construction and/or reconstruction of the sidewalks lisCed on the attachecl Administrative Order. The estimated cost thereof is $5.50 per lin. fta for standard sidewalk 5 ft. wide and $6.50 per lin. ft. for standard sidewall: 6 ft. �Jide. Attached her�lith are the fo1lo��ainQ: 1. Administrative Order D-435 2. Advisability & Desirability keport Yours very truly, .� ) - � � ��LL �� .4 ,+ � � L ✓v�-/� Daniel J. Duri rd Actin� Director of Public �Jorks t�Ii/HT/gh .,`?�t � i.��S �:�, �- 6', ��? �� (��, �.:� t'�.� � ^.. ""a' .a � r��a ��, .,� �� c�; j�.,j �L tEj7 2, � �J � V`,.��, c�� r � / Q"' � � � !i-�� ,`',`s��' �� - c'�.�. ��'d !`�t�?�1�G 1��' � �=�;:�c� ( • ..' Dl.S t. ?�TO. 2 . f ' � B.S. 4lheeler St. - Wordst�orth Ave. to Field Ave. i ; ° This order was initiated by the Director of Public Works as public necessity on the basis of inspection of the walk. This walk is old tile and/or poured concrete F�ith tree heaves, broken tile, hi.�h joints, tripping hazards, water pocicets, tioles in tile, nissing tile, hi�li longitudinal joints and oFfgrade. The Engineering recommendation is for approval of the order. Remarks: All new walk to be 4' wide. (Construct to width desigr_ated on plat) id.S. Princeton Ave. - Macalester St. to Cambridge St. Dist. No. 2 J ��2his order was initiated by the Director of Public �tiTOrks as public necessity on the � �` b�sis of inspection of the walk. �' . � .� Ttiis �-�alk is old tile with tree heabes, brokcn tile, high joints, tripping hazards, holes in tile and missing tile. The Engineering reco�unendation is for approval of the order. , Remarks: All walk to be 4' wide (Construct to width designated on plat. S.S. Princeton Ave. - riacalester St. to Amherst St. Dist. �Io. 2 �_j � ! S� This order was initiated by the Director of Public Works as public necessity on the basis of inspection of the walk. Th�s ��alk is old tile with tree heaves, broken tile, high joints, tripping hazards, holes in tile and rnissing tile. Tne Engineering recommendation is for approval of the order. Remarks: All walk to be 4' wide (Construct to w�dth designated on plat) � � � D-ist. No. 2 .• . ADVISABILITY AND DESIRABILITY REPORT �►�;g, S��ellin� Ave. - Laurel Ave. to �Iague Ave. . +r ,�� . � , ' ,, � •1 Tt�;s order �vas initi.ated by the Director of Public Works as public necessity on the basis of inspection of the walk. . 7i�is wallc is old tile and poured concrete with tree heaves, broken tile, hiGti joiiits, trippin� hazards, missing tile and 'nigh longitudinal joints. The En�ineerin�, recorunendation is for approval of the order. Remarks: All walk to be 6' wide. �Construct to width de�ignated on plat) Dist. No. 2 S.S. St. Clair Ave. - rlacalester St. to W. 120' ,�.1� � S � This order �•�as initiated by the Director af Public 6Jorks as public necessity or_ the basis of inspection of the walk. Ti�is Loalk is old tile witn tree heaves, brolcen Y?le, high joints, tripping hazards, �oater pockets, holes in tile and missin� tile. The Engineering recommendation is for approval of the order. Henarl:s: L�lallc to be 6' wide. (Construct to width designated on. plat) Dist. No. 2 W.S. Snelling Ave. - Portland Ave. to No. 112.6' -, i "i �' �S� ` This order was initiated by the Director of Public Works as pu�li� :�Acessity on the basis of inspection of the walk. This �vallc is old tile with tree heaves,. broken tile, high joints, tripping hazards, watar pocket.s, tRissing tile, and high longitudinal joints. The Engineering recommendation is for approval of the order. Remarl:s: Wallc to be 6' wide. (Construct to width designated on plat) S.S. St. Clair Ave. � Davern St. to W. 30' Dist. rdo. 2 .. ,; ,-� 7 ? � This order was initiated bX the Director of Public Worlcs as public necessity on the basis of inspection of the t�alk. This walk is cl1 tile with tree heaves,. broken tile. hi�;h ,7oi.nrs, triJ�ping hazards, water pockets,. holes in tile, and missing tile. The Engineering recommendation is for approval of the order. Re�narks: Walk to be 6' wide (C�nstruct to width designated on plat) c: � t . ��i /�...r'� 'V. c�-y, �"� / u �j AFTON HOPKINS OAKDALE `�-� 9-�� I ARDEN HILLS IiUGO OAK PARK HEIGHTS BAYPORT INDEPENDENCE ORONO ' BELLE PLAINE INVER GROVE FIEIGHTS OSSEO BIRCHWOOD JORDAN PINE SPRINGS 1 BLAINE LAKE ELMO PLYMOUTH BLOOMZNGTON LAKE ST CROIX BEACH PRIOR LAKE BROOKLYN CENTER LAKELAND RANDOLPH � BROOKLYN PARK LAKELAND SHORES RICHFIELD BURNSVILLE LAKEVILLE ROBBINSDALE CARVER LANDFALL ROCKFORD � CENTERVILLE LAUDERDALE ROGERS CHAMPLIN L XINGTON ROSEMOUNT ICHANH�0 OSCII L ��l'AL� ROSEVILLE CIRCLE FINE� LINO LAKES ST ANTHONY � COATES LITTLE CANADA ST BONIFACIUS COLOGNE LONG LAKE ST LOUIS PARK C OLUMB IA T 0 T S ' S POINT , COON RAP I CORCORAN L OVE PARK COTTAGE GROVE MAPLE LAIN A AG � CRYSTAL PL OOD , SHAKOPEE DEEPHAVEN 0 EVIEW ' DELLWOOD Y S EWOOD EAGAN E S TH �ST PAUL � EDEN PRAIRIE MEDINA RING LAKE PARK EDINA MENDOTA SPRING PARK ELKO MENDOTA HEIGHTS STILLWATER , EXCELSIOR MINNEAPOLIS SUNFISH LAKE FALCON HEIGHTS MINNETONKA TONKA BAY , FARMINGTON MINNETONKA BEACH VADNAIS HEIGHTS FOREST LAKE MINNETRISTA VERMILLION FRIDLEY MOUND VICTORIA t GEM LAKE MOUNDS VIEW WACONIA GOLDEN VALLEY NEW BRIGHTON WATERTOWN � GREENFIELD NEW GERMANY WAYZATA GREENWOOD NEW HOPE WEST ST PAUL HAMBURG NEW MARKET WHITE BEAR LAKE , HAMPTON NEWPORT WILLERNIE IiANOVER NORTH OAKS WOOBBURY � HASTINGS NORWOOD WOODLAND HILLTOP YOUNG AMERICA � . . ;� ' � + � � � i CITY` OF� COLUMBIA HEIGHTS '� � ADMINISTRATNE ORl�ICES .� ' �� . . ' �e•YZZ1 • CO.LUMeIA HEiGNT8, MINNEfOTA 66441 � March 1, 1973 � T0: Municipal Officials of the Twin Cities Metropolitan Communities � electrically served by NSP. While our task has been considerably more complicated, and taken much � longer than originally anticipated, yoi�r'N,S�:Pa EI.ECtri-c R�te� Study'Cbmmittee is now reac'�y to report to youe As you will recall, during 1971, Northern States Power Compar�y raised its � electri�•rates approxiinate].y 8 percenta A number of communities aerved � by NSP then adopted resolutions asking NSP to permit, and to fund, an investigation of its rates. Approximately 30 co�unities served by � NSP in the seven county axea ad.opted such resolutions. • In �une of 1971, during the League of Minnesota Municipalities convention, a meeting was held among the communities which had adopted such resolutions. � Representatives of NSP were also present at that timee The compar�y indicated some willingness to permit an investxgation to be made and a wilZingness to explore the possibility of setting up a procedure for � reviewing and regulating its rates on a continuing basis. At that meeting I was asked to appoint a steering committee to conduct � discussions wi.th Northern States Power Compar�y on the sub3ects of rate review and regulation. Such a committee was appointed and meetings were held with NSP, The initial result was an agreement on the part of NSP to permit an expert investfgation of its rates and an exploration of possible � rate ma.king procedures. The compar�y agreed to provide funds for the necessary cor.sultants who were to be selected by the steering committee. � . The committee then engaged Mr. George F. Hess, nationally recognized utility rate consultant, and the law firm of Howard, LeFevere, Lefler, Hemilton and Pearson of Minneapolis, to act as consultants to the steeriag � committeea A review of NSP's rate-making procedures was undertaken and, later, � negotiations were ccmmeneed on a possible uniform electric franchise which could be adopted by a11 of the co�unities served by NSP in the metropolitan area, permitting all oF the communities which adopted the fraach.iaP ±o act, ,jointly in regulating the company in accordance with the � terms of th.e franchi�e�. As a result of these efforts, the company and the municipal representatives � have developed. two documents. One is s proposed uniform electric t'ranchise � and the .other is a proposed ,joint agreement among the ca�unities which adopt the franchiseo These documents are now being put in Pinal Porm for presentation to you and other interested municipal officials at a special � meeting. ' ' � . • � . . ` � _2 � T� MEETING WILL BE HELD AT 7:30 P.M. , MARCH 15, 1973, IN TI� 30CTAL HALL, � IN T� CIYIC CENTER BUILDING OF THE CITY OF HROOKLYN CENTER. THE CT'VIC C$NTER BUILDING IS LOCATED AT 6301 SHINGLE CREEI{ PAAKWAY. (3ee sttached msp) � ffi1TER AT THE NOR'�i END OF THE BUILDING. The members of the steering committee believe that the proposed unii'orm � electric franchise is deserving of consideration as a method oF providing long-needed review and regulation oP NSP's rates. You are, therefore, urged to attend this "backgrounding" sessioa on the � proposed franchise and the proposed ,�oint agreement. IF there are other members of your municipal governing boc'�y or administrative staFP that you believe would be interested in these matters, please also invite � them to attend the meeting. Very truly yours, 1 �� .. C.�� , r � City of C lumbia Heights Chairman Steering Committee � BN:st � Members of NSP Electric Rate Stuc'�y and Negotiating Committees: Glac�ys Brooks - Alderman - Minneapolis Rosalie Butler - President of the City Council - St. Paul � Eugene Coulter - Former Mayor - Chanhassen Orvil Johnson - Village Manager - Mendota Heights Clayton LeFevere - Attorney - Richfield � Bruce Nawrocki - Mayor - Columbia Heights Dallas Petersen - Coordinators Office - Minnespolis John Pidgeon - City Manager - Bloomington William Powell - Mayor - Stillwater � � � � � i. � �� . .—, � • ' ' � � 1iR00i►�YN CEvT h� CIY2C Cr'3VT1+� AND CITY HALL 63b1 Shin�le Creek rks�y I3xooklyn Cen�er � , � . , x� D I R E C T I 0 N 3 � � ti . \��'.9 Q?O 9 � � v ; ��.� G�k��1C ,a� � C�J1i'��rIQ � i Y 4. �` � w . 6� � w � � - - - - - - - - - - - v 81?OCK DAt 6 � Fo�� _ �"7r"Avf.N (Co.Rd.ro) � � , 1�� . L�'oc,c4y�t[ � � sf�vPPiN4 � C.�KtfK � � / • � � � � The mesting �rill be held ia ths SOCIAL HAI.L located at the NORTH IIdD of the � Civic Cent�r Building. � , �I � � �I , . , _ . . . _ __.,.�: �. � � SYNOPSIS � METRO RATE AUTHORITY � • General �' The uniform electric franchise and joint powers agreement contained in this booklet are the basic documents ' �i , necessary to establish a system of electric r�te regulation in the seven-county metropolitan area. By joint and coopera- � tive action under the Minnesota Joint Powers Act, Minnesota �I Statutes, Section 471.59, municipalities in the area would create an organization to administer the rate-making and �I regulation features of the uniform franchise granted by each to Northern States Power Company. The Metro Rate �� Authority created in this manner would be financed by � annual contributions from the Company as stated in the franchise, and would be authorized to retain technical � expertise to assist it in reviewing, analyzing and regulating � electric rates charged by the Company to consumers in the Metro Area. By this joint approach, municipalities can � achieve a degree of electric rate regulation that would be difficult, if not impossible, to accomplish individually. , The background of study and negotiations leading to this proposal are described in the letter of invitation which � appears elsewhere in this booklet. �� j �' � � ' � The Joint Agreement � Any municipality granting the uniform franchise to Northern States Power would be eligible to join the Metro � Rate Authority established by the agreement by executing � a copy of the agreement and filing it with the city manager of Columbia Heights. After March 1, 1974, approval of the � Authority itself would be required for membership. The Authority would be governed by a board of directors � consisting of one director designated by each participating � municipality for a one year term. Each director would be assigned voting strength directly related to the number of � customers served by the Company in the municipality he represents. The board has the necessary powers to perform � the rate-making functions assigned to it by the uniform ' franchise and to employ technical staff, including a professionally qualified rate administrator, to assist it. � The officers of the board are the chairman, vice-chairman and secretary-treasurer selected for two-year terms at its � annual meeting on the first Tuesday in April. � The Agreement provides for the election of a fifteen- member executive committee with the chairman of the board � as ex officio chairman of the committee with a vote. The committee members serve for two-year staggered terms and , are elected by a cumulative voting system in order to insure adequate representation. Committee members need not be � � 2 � �� board members and, .under the voting system, it is possible � for more than one member to be from the same municipality. The board of directors could delegate any of its powers to � the executive committee for exercise between board meetings. � Under the terms of the uniform franchise the activities of the Authority would be financed by annual contributions � from the Company, and the Authority is required to prepare and submit an annual budget to member municipalities. � The joint agreement creating the Authority becomes � effective when it is signed and filed by municipalities in which 60 percent of NSP's customers in the Metro Area are � located. Within 30 days thereafter the first organizational meeting of the Authority would be held. Under the terms of � the uniform franchise, any municipality may revoke its � franchise if the 60 percent figure is not reached by June 30, 1973, but revocation is not possible after that figure � is reached and the Authority is established. A municipality may withdraw from the Authority upon , termination of its franchise, and if inembership falls below , the 60 percent membership figure the Authority would be dissolved. � The Unifarm Franchise , The franchise contains the customary grants of rights and privileges to the electric utility to operate its � facilities in the streets and other public ways of the � 3 � �� municipality, together with the adequate provisions relating � to Company obligations with respect to indemnification in the case of damaqe suits, relocation of facilities, tree � tximming and the like. The term of the franchise extends from the date it is granted until January 1, 1983, subject to prior termination by either party on 90 days notice on � December 31, 1977. Both the franchise and the joint agree- ment are explicit that the franchise may contain additional � provisions unique to individual municipalities on matters not connected with rate regulation and administration. � The rate-making and regulation features of the franchise ordinance make up its bulk and establish a complete � and well defined system of rate regulation based on the � "original cost depreciated" concept of rate base. Annual � rate filings would be required with the Authority, acting through its executive committee, empowered to alter or modify filed rates in accordance with the franchise. Rates �� charged to customers would be directly related to the rate � of return allowed on the rate base as defined in the � franchise. Rate filings are based on projected costs for the year � of filing, and the allowable revenues are estimated for that year. At the end of the year actual allowable revenues are � computed and any excess revenues (or deficiencies) would be � transferred to a stabilization reserve account of the � Company for use in stabilizing future rate adjustments. � 4 � � � Rates now in effect would remain in effect until March � 15, 1974, when the first rate established by the Authority would qo into effect. � The franchise becomes effective upon acceptance by � the Company within 30 days after the effective date of the joint agreement establishing the Authority. It may be � revoked at any time prior to the organization of the Authority or by June 30, 1973, if the Authority is not � formed by that date. Existing franchises would not be repealed by the � adoption of the uniform franchise. They are superseded � by the uniform franchise and, upon its termination, would continue to govern relations between the Company and , the municipality for the balance of their terms. Publication expenses would be paid by the Company. � � � r � � � � 5 � , � �� :� ►� Tentative Time Table for Or anization of Metro Rate Authorit �M March 15, 1973 Informational meeting. � Date on which 60$ Metro Rate Authority Agreement customer figure reached Effective: Authority formed. June 30, 1973 Last day to revoke adopted franchise � unless Authority formed. 30 days after Authority Call of organizational meeting of formed Authority. Written acceptance of � franchises by Comp�any. � 15 daps after call of Organizational meeting of Authority. meetinq Executive Committee elected. On or before First rate filing by Company. � February 1, 1974 March 15, 1974 First Metro rate in effect. , April 2, 1974 First annual meeting of Metro Rate Authority. � � � ' � � � � 6 � �� r� �� r! ,i PROPOSED UNIFORM ELECTRIC FRANCHISE '� BETWEEN NORTHERN STATES POWER COMPANY AND COMMUNITIES IN THE METRO AREA ,� �) 11 , , , ' i ' � � � � � ;� INDEX :� . _ page � Section 1. PURPOSES 1 Section 2. DEFINITIONS � Subd. 1. Municipality, Municipal Council and Municipal Clerk 2 Subd. 2. Company 2 Subd. 3. Metro Area 2 � Subd. 4. Metro Area Authority 2 Subd. 5. Executive Committee 3 � Subd. 6. Party 3 Subd. 7. Person 3 Subd. 8. Notice 3 Subd. 9. Rate Administrator 3 � Section 3. GRANT 3 � Section 4. EXTENSIONS; SERVICE; RULES AND REGULATIONS 5 Section 5. SERVICE INTERRUPTIONS 6 � Section 6. NONEXCLUSIVE FRANCHISE 7 � Section 7. RATES 7 Section 8. RATE CHANGES 8 ' Section 9. RATES; RATE FILING 10 Section 10. RATE MAKING; DEFINITIONS 12 ' Subd. 1. 12 Subd. 2. Allowable Annual Return 12 Subd. 3. Allowable Rate of Return 12 ' Subd. 4. Allowable Return on Common Equity 12 Subd. 5. Senior Capital 12 Subd. 6. Cost of Senior Capital 12 , Subd. 7. Net Proceeds 13 Subd. 8. Actual Net Earnings 13 Subd. 9. Allowable Rate Base 14 � Section 11. ALLOWABLE RATES OF RETURN 16 Section 12. ALLOWABLE RETURN ON COMMON EQUITY 16 � � � �, .� �� page � Section 13. STANDARDS FOR DETERMINING ALLOWABLE �� RETURN ON COMMON EQUITY 20 t Section 14. ACTUAL NET EARNINGS 2i � Section 15. STABILIZATION RESERVE ACCOUNT 21 Section 16. RESERVE FOR DEPRECIATION OF � UTILITY PLANT 22 Section 17. ACCOUNTS AND RECORDS 24 � Section 18. INDEMNIFICATION 26 Section 19. RELOCATIONS 27 � Section 20. TREE TRIMMING 28 � Section 21. FRANCHISE TERMINATION 29 Section 22. CHANGE IN FORM OF GOVERNMENT 29 � Section 23. COSTS OF ADMINISTRATION 29 . Section 24. ASSIGNMENT , 30 , Section 25. WRITTEN ACCEPTANCE 30 ' Section 26. REVOCATION 30 Section 27. EFFECT ON EXISTING FRANCHISE 31 , Section 28. PUBLICATION EXPENSE 31 , , , � � � � k f .� ORDINANCE N0. :� OF , COUNTY, MINNESOTA 1� R H RN ATES POWER COMPANY A AN ORDINANCE GRANTING TO NO T E ST . MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION � TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE OF , MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELLCTRIC � ENERGY TO THE AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID FOR SUCH PURPOSES; PRESCRIBING CERTAIN : � TERMS AND CONDITIONS THEREOF, AND PRESCRIBING THE RP,TES TO BE CHARGED THEREFOR, rTHE COUNCIL OF THE OF � DOES ORDAIN A$ FOLLOWS: � Section 1. PURPOSES. Northern States Power Company, � , a corporation organized under the laws of the State of � Minnesota, owns and operates property used and useful in the � production, transmission, distribution and sale of electricity , in the of . �' The Council has determined that it is desirable, in the public interest, and to the advantage of ' the consumers of electricity in . � that a franchise be granted to Company upon the terms and ' conditions contained herein. � Company, in consideration of benefits accruing to it under the franchise agrees to supply electric service � in upon the terms and conditions � � �� : �'� �� contained herein. � Section 2. DEFINITIONS. Subdivision l. In this � ordinance "Municipality", "Municipal Council" , and '� "Municipal Clerk" mean, respectively, the ( of , the Council of the ,I of , and the Clerk of the ,� of . If at any time the powers of the Municipality, the Municipal Council, or the Municipal Clerk ') shall be transferred to any other authority, board, office, � or officers, then such authority, board, officer, or officers '� shall have the rights, powers, and duties herein given to ; the Municipality, the Municipal Council, and the Municipal ,' � Clerk, respectively. �! Subd. 2. "Company" means Northern State� Power Company, a Minnesota Corporation, its successors and assigns. � Subd. 3. "Metro Area" includes all areas served , with electricity by Company in the Counties of Hennepin, Ramsey, Washington, Dakota, Anoka, Carver, and Scott. ' Subd. 4. "Metro Rate Authority" or "Authority" means the organization of municipalities created by joint , aqreement and amendments thereto, pursuant to Minnesota Statutes Section 471. 59 and which is authorized to administer � rovisions of this ordinance as herein provided. The Authority P � consists of representatives of all municipalities which adopt , this uniform franchise ordinance. , 2 � � 1 � � � � Subd. 5. "Executive Committee" or "Connaitte�" I means the committee appointed by the Authority. The � Committee shall consist of not more than 15 members. The � � Committee shall have those powers specified in this � � franchise and those delegated to it by the Authority pursuant to the joint agreement. � Subd. 6. "Party" means the Municipality, the ' I Authority or Company. � Subd. 7. "Person" may extend and be applied to � bodies politic and corporate, and to partnerships and other � � unincorporated associations. ' f Subd. 8. "Notice" means a writing served by any party or parties on any party or parties. In the case of � � Company, notice shall be mailed to an officer thereof at 414 Nicollet Mall, Minneapolis, Minnesota. In the case of � I Authority, notice shall be mailed to the Rate Administrator. � In the case of Municipality, notice shall be mailed to the Municipal Clerk. � Subd. 9. "Rate Administrator" means a professional person qualified and experienced in public utility ' regulatory matters. The Rate Administrator is appointed � by the Authority. Section 3. GRANT. Subdivision 1. There hereby is � granted to Company for the period extending to January 1, � 1983, (subject to termination on December 31, 1977 upon � �� 3 I , � '. � �� notice from Company to Municipality and Authority, or � upon notice of Municipality to Authority and Company at least 90 days before said date of December 31, 1977) the riqht � and privilege of constructing, operatinq, r�pairinq, ar�d maintaining in, on, over, under, and across the streats, � alle s ublic wa s and ublic ro�nds of Munic' 1' Y � P Y . P 9 �.pa ity, an electric distribution system and electric tran�mission linea, � , , including all poles, pole lines, conduits, and fixtures and � appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmittinq and � furnishing electric energy for li ht, heat ower, and g . P � other purposes for public and private use in and to Municipality and the inhabitants thereof, and others, �� and for the purpose of transmitting electric energy into and through Municipality. The electric distribution system � and transmission lines shall be so located as not to � interfere with the safety and convenience of ordinary travel along and over said streets, alleys, public ways, , and public grounds. Subd. 2. This ordinance is intended to regulate � the exercise of the rights and privileges granted to � Company herein. Nothing in this ordinance is to be construed to modify, alter or amend any statutory or � charter power of the Municipality to regulate the use of its streets, alleys, public ways and public grounds. Such � regulations, insofar as they do not affect the rate � 4 � �� . � � re ulation and administration rovisions of this ordinance, 9 P ! need not be identical among members of the Authority. � ' Subd. 3. Nothing in this ordinance prevents the �� powers of the Authority from being hereafter delegated by 'I law to some other governmental authority. Section 4. EXTENSIONS; SERVICE; RULES AND REGULATIONS. �I Subdivision 1. Company shall provide reasonably efficient, adequate and non-discriminatory service, at reasonable 'I rates, to all members of the public within the Municipality i who apply for such service in accordance with rules and �I regulations of Company. 'f Subd. 2. Company may, from time to time, promulgate � rules and regulations which are reasonably necessary or ' convenient in the conduct of its business. The rules and regulations may govern matters, including but not limited 'I to, forms, contracts, extensions of service, curtailment of service, reconnection charges, billinqs, security deposits, �1 and late payment charges, if any. Existing rules and � regulations of Company shall be filed promptly with the Authority and shall become effective on filing. They shall � be kept open for public inspection. Thereafter Company ' may file amendments thereto or additional rules and regulations. Within 60 days after such filing the Executive � Committee may, on its own motion or on the request of Municipality, review such amendments or rules and regulations. � � 5 � i ' 1 The Committee, after public hearinq, may by resolution , disapprove any such amendment or rule and requlation which is unreasonable or unlawful. , Section 5. SERVICE INTERRUPTION. Subdivision 1. ' Company will provide continuous, adequate and non- discriminatory electrical service in the Municipality. � Subd. 2. Company's provision of electric service , to its customers is subject to interruption and disturbance , of service due to: �, (a) conditions beyond its control; (b) necessary maintenance and operation of ita ,' system; (c) effect of operations of any interconnecting ,' electric systems; � (d) curtailment of electric service as may be I' rudent to maintain service to priority loads P � or to maintain the operating stability of Company's system; or ' (e) Temporary interruptions or disturbance of service; � neither Company, Municipality, the Authority nor any ' customer shall be liable for damage or loss for interruption or disturbance of service due to said causes. Company will ' not be in breach of this franchise for interruptions of I service due to such causes. �' � 6 � �� i �I ( Subd. 3. Company will promptly take such actioa as � may be practicable under the circumetances to remove the I cause of any interruption, disturbance, or curtailment and , to resume normal delivery of electric service. �j Section 6. NONEXCLUSIVE FRANCHISE. This is not � an exclusive franchise. '� Section 7. RATES. Subdivision l. The rates and ! charges imposed and collected by Company for services in ' the Metro Area shall be fair, just, reasonable and , compensatory and designed to recover all reasonable costs of service therein, including a reasonable return as 'I herein provided on the capital investment in the business under an economical and efficient management. , Subd. 2. The rates char ed to an class of cust mers 9 Y o ' will not cast an undue burden on any other class of customers nor shall any rates charged to customers within ' the same class of service cast an undue burden on other ' customers within that class. Subd. 3. The schedule of rates contained in Appendix ' A, attached and made a part hereof by reference, is effective as to all bills computed on reqular meter readings � on and after the effective date of this ordinance. The � schedule shall remain in effect until changed in accordance with Section 8 of this franchise. The cost to the Company � of any franchise fee, street rental charqe, gross receipts taxes, or any other duties or imposts, imposed by the � � ' ' ' Municipality will be recovered by Company as a surcharge , to such rates within the Municipality. Ad valorem taxes _ may not be recovered by a surcharge. Such surcharge will ' be equitably distributed among electric customers in the Municipality. ' Section 8. RATE CHANGES. Subdivision l. Company ' may change its rate structure by changing classification of rates, the number of blocks, size of blocks, the price ' differential between blocks, or by adding a new classification ' of rates or by closing or withdrawing any existing rate classification or schedule. Any such change which does � not result in a higher rate for an existing customer may be made upon twenty days notice to the Rate Administrator ' and shall be supported by data showing the desirability ' of the change and the reasonableness thereof. Other changes in rate structure shall be made under Subd. 2 of this ' section. Subd. 2. The rates contained in Appendix A shall ' remain in effect until March 15, 1974. On or before February 1, 1974, and thereafter on or before February 1 ' of each year during the term of this ordinance, Company ' shall file notice with the Authority that it will either cantinue, decrease, or increase the rates or continue or , change the rate structure which will become effective on bills rendered on and after March 15 of that year, to , enable Company to realize Actual Net Earnings during the � 8 � ' � calendar year of filing equal to the Allowable Annual � Return, as defined in Section 10 plus part or all of ► any debit balance or less part or all of any credit � balance in the Stabilization Reserve Account established � under Section 15. The filing shall recite the proposed change or continuance and the forecasts substantiating iit. Provided however, in order to minimize or prevent excessive fluctuation in the rates, the Company may � additionally once during a calendar year, but not prior to ' July 15 thereof, adjust the rates in the same manner as provided above. , Subd. 3. The rates to become effective on and after March 15, 1974, pursuant to Subd. 2 of this section, shall be � subject to a temporary reduction during the year 1974 totaling � $6, 000,000. Such reduction and any credit balance in the Stabilization Reserve Account resulting from 1973 operations � will be applied only to the bills of customers located in those areas of the Metro Area in which the base ' electric rates for residential service, general service, and � large general service were no less than such base electric rates charged in the City of Minneapolis on January 1, 1973. Base , electric rate means the charge to the customer for electric service excluding any franchise fee, street rental charge, , gross receipts tax or duties or imposts, imposed by the municipality included in or added to said charge. ' , 9 � � � Subd. 4. Increases or decreases in rates or the � continuance of existing rates shall be based on forecasts � for the calendar year of filing of expenses, capital costs and of the revenues required to enable Company to earn an Iamount equal to the Allowable Annual Return defined in Section 10, plus part or all of any debit balance � or less part or all of any credit balance in the Stabilization Reserve Account as provided in Section 15. � Subd. 5. Company will annually supply � forecast data to the Rate Administrator in accordance with the following schedule: � Revenue Budget November 1 Expense Budget December 1 � Capital Budget December 15 � or on such later dates as the Rate Administrator may authorize. � Subd. 6. On or before December 1, 1975, and at intervals of no more than five years thereafter, Company � shall furnish a current study of its rate structure to the � Authority. Subd. 7. On or before March 1 of each year � Company will supply Authority with a tabulation of customers and revenues attributable to each Municipality � in the Metro Area for the previous calendar year. � Section 9. RATES; RATE FILING. Subdivision 1. Any filing by Company with the Authority to change or continue � 10 � � � any rates or rate structures as provided in Section 8, � Subd. 2, may be altered, amended, or revised by the Executive Committee in conformance with and subject to the � provisions of this ordinance. Subd. 2. The Rate Administrator shall make written � recommendations as to the filing to the Executive Committee � within 20 days of the filing. Subd. 3. Any alteration, amendment, or revision in � the filing shall be made by written order of the Executive � Committee which sets forth its findings and conclusions upon all material issues. The order shall be served on Company � within 35 days after notice of the proposed change or continuance of rates has been filed with the Authority. � Subd. 4. Company may obtain judicial review de � novo of any Executive Committee order of alteration, amendment or revision of rates in the District Court of � Hennepin County if proper application is made therefor within 30 days after service of the order of the Executive � Committee upon Company. If judicial review is applied for, � the rate proposed by Company in Section 8, sha11 be in effect until the question of such alteration, amendment, or � revision is finally determined by the court. In such review and determination Company has the burden of proof. � At the time of applying for judicial review, Company shall, if ordered by the Court, file with the Clerk a corporate 1 undertaking obligating it to comply with such relief as � 11 � ! 1 the court may order consistent with the provisions of this � franchise. � Subd. 5. The rates determined under Section 8 � or this Section are the "Metro Area Rates". � Section 10. RATE MAKING: DEFINITIONS. Subdivision 1. For the purposes of this ordinance, the terms defined � in this section have the meanings given them. Subd. 2. "Allowable Annual Return" means the product � obtained by multiplying the Allowable Rate Base by the � Allowable Rate of Return. Subd. 3. "Allowable Rate of Return" means � the weighted average actual cost for the year of filing of 1) Senior Capital of Company and its utility subsidiaries � and 2) the Allowable Return on Common Equity. The weight to � be given to each class of capital shall be based on Company and its utility subsidiaries' actual average outstanding , amount of each class throughout the year of filing. Subd. 4. "Allowable Return on Common Equity" means � that return on common equity capital determined pursuant to � Section 12. Subd. 5. "Senior Capital" means all debt, including � short-term debt, and preferred stock. Subd. 6. "Cost of Senior Capital" means the � weighted average cost of all senior capital, where the cost of each issue is obtained by multiplying the principal � amount of the issue by the interest rate in the case of � 12 � � � debt and by the dividend rate in the case of preferred stock, � and dividing by the net proceeds of the issue. Subd. 7. "Net proceeds" in the case of long-term � debt capital means the principal amount issued, plus � premiums received, less issuance expense and discounts. In the case of short-term debt capital, the term means the sum � of a) the principal amount of bank loans outstanding, and b) the principal amount of commercial notes, less prepaid � interest. In the case of preferred stock, the term means � the stated value plus premiums, less issuance expense and discounts. In the case of re-acquisition, retirement or � refunding of long-term debt or preferred stock, the call premiums, expenses and discounts are to be considered as � part of the over-all cost of capital. � Subd. 8. "Actual Net Earnings" for the year 1973 means actual gross revenues of Company received for electric � utility service furnished in the Metro Area less operating expenses reasonably incurred in rendering such service. ' For subsequent years said term means gross revenues of Company for electric utility service furnished in the Metro Area � computed at the Metro Area Rates, less operating expenses � reasonably incurred in rendering such service. To the resulting net income shall be added that portion ' of the amount credited under the Uniform System of Accounts to Allowance for Funds Used During Construction applicable � � 13 � � � to construction work in progress included in the Allowable � Rate Base in Subd. 9 hereof. For the years 1973 and 1974 _ such allowance shall be computed at the rate ot 8$. Thereafter, � the annual percentage rate applied to determine the Allowance for Funds Used During Construction shall be the lower of � a) the nearest even one-half percent below the projected � overall rate of return or b) the current incremental cost of financing new construction, and shall change only in � increments of one-half percent, provided, however, that such annual percentage rate shall not be more nor less � than that required by the Federal Power Commission. � Operating expenses shall include Research and Development expenses and donations made for charitable, � social, or community welfare purposes. Research and - Development expenses shall be accounted for in the manner � provided in the Uniform System of Accounts. � Subd. 9. "Allowable Rate Base" means the average of net plant less customer contributed capital and plus � working capital. Net plant means a) the original cost of electric utility plant and common utility plant used and � useful in rendering electric service in the Metro Area, � plus b) that portion of the original cost of plant held for future use and construction work in progress � applicable to the Metro Area, less c) related booked reserves for depreciation and amortization. , Customer contributed capital means amounts � 14 � � � related to service in the Metro Area contributed or advanced 1 by customers for construction and amounts collected from �� customers through rates and charges for deferred operatinq expenses and taxes except where deduction of the deferred � amount is specifically prohibited by Internal Revenue Laws. Said amounts shall include but are not necessarily limited � to amounts credited under the current Federal Power � Commission Uniform System of Accounts to Accounts 252 Customer Advances for Contruction, 255 Accumulated Deferred � Investment Tax Credits (except that portion where deduction from the rate base is prohibited by the Internal Revenue � Laws) , 271 Contributions in Aid of Construction, 281 ' Accumulated Deferred Income Taxes - Accelerated Amortization, 282 Accumulated Deferred Income Taxes Liberalized � Depreciation, and 283 Accumulated Deferred Income Taxes - Other. tUnless otherwise mutually agreed upon between Company and the Executive Committee, working capital means and � includes the following, based on amounts allocable to the � Metro Area: (a) cash working capital equal to one-eighth of operation and maintenance expenses excluding purchased 1 power and one-half of fuel expenses, plus average compensating bank balances to support short-term borrowings, � less the monthly average of accrued property and income � taxes, but cash working capital shall not be less than � 15 r � � zero; plus (b) monthly average prepayments; plus (c) , monthly average materials and supplies; plus (d) monthly average fuel stocks; plus (e) monthly average miscellaneous � deferred debits. � Section 11. ALLOWABLE RATES OF RETURN. Subdivision 1. At the time of an annual rate filing, a projection of � Allowable Rate of Return shall be used as a basis for , calculating allowable revenue for the calendar year of , filing. At the close of such year the Allowable Rate of � Return shall be determined and shall be used as a basis for the Allowable Annual Return. � Subd. 2. Allowable Rates of Return and projections thereof shall be calculated to the nearest one-hundredth of � one percent. � Section 12. ALLOWABLE RETURN ON COMMON EQUITY. Subdivision 1. Company shall be allowed a Return on � Common Equity for the Metro Area for the calendar year 1973 of 13.25�. For the calendar year 1974 Company shall ` be allowed a Return on Common Equity for the Metro Area of � 12.95$. For years subsequent to 1974, Company or the Executive Committee may request a prospective change in , the Allowable Return on Common Equity. Such requests shall be made during the period between November 15 and December � 15 in any year, to be effective as of January 1 of the next year, by serving upon the other Party a notice stating � the reasons supporting such change and specifyinq the � 16 � � � le Return on Common E uit for the ear. proposed Allowab q y y � If no request is made the Allowable Return on Common Equity remains in effect. � Subd. 2. The request for change in the Allowable � Return on Common Equity shall be reviewed by the Rate Administrator who shall forthwith set a date prior to January � 15 for hearing upon such request. He shall give 10 days notice of such hearing published once in a legal newspaper � in each county in the Metro Area. At least two days prior � to the hearing date, any person may file with the Rate Administrator a written notice of intention to appear at � the hearing and of the nature and extent of his parti- cipation. Only persons complying with this notice � provision may be heard at the hearing. The Rate Administrator shall prescribe reasonable rules and ' regulations for the conduct of such hearings. Upon � completion of the hearing, and no later than February 15, the Rate Administrator will serve on Company and the , Authority a written order determining the Allowable Return on Common Equity for the current year and setting forth � his findings and conclusions on all material issues ' relative to his determination. If no appeal is taken from the Rate Administrator's order of determination, � the order is final. If an appeal is taken from the Rate Administrator's order of determination, the order is an � interim order and shall remain in effect until finally � 17 � , � � determined, provided that the effective Allowable Return on � Common Equity for interim rates shall not be less than that existing at the time of the filing for a change in the � Allowable Return on Common Equity. The Allowable Return on � Common Equity finally determined shall be effective as of � the proposed effective date. iSubd. 3. Within ten days after receipt of the order of determination, any Party may appeal the order to a � hearing panel by filing a notice of appeal with the Authority � and Company. The panel shall consist of three members of professional standing, each having one vote. The � members of the hearing panel shall be selected as follows: Within 20 days of notice of appeal the Company and the � Authority shall each appoint a panel member and each shall � immediately notify the other of such appointment. The two panel members so appointed shall, within five days , after the second member is appointed, select a third panel member. If the first two panel members are unable to agree , on a third panel member, the third panel member shall be � appointed by the Chief Judge of the Hennepin County District Court upon application of either Company or Authority with � five days notice to the other. In the event either Company or Authority fails within said twenty days to appoint a ( panel member, the member appointed by the other party � shall proceed as a single member and issue his order, which � sha.11 constitute the order of the panel. f � 18 � � � The review b th the a e Subd. 4. y e panel of R t � Administrator's determination shall be de novo and the panel shall consider all evidence material and relevant � to the issues raised by such appeal. The hearing shall be � conducted in the manner prescribed by Chapter 15, Minnesota Statutes, for conduct of administrative hearings. The � burden of proof shall be upon the appellant. Only those Parties and Persons who appeared before the Rate � Administrator may appear before the panel. � Subd. 5. The panel shall determine the Allowable Return on Common Equity by written order served on Company � and the Authority, which order shall set forth its findings and conclusions, including the bases therefor, upon all , material issues relative to such determination. The determination of the panel shall be made within 60 days , after the third panel member is selected. If no appeal is ' taken from the panel's order of determination the order is final. � Subd. 6. Any Party aggrieved by a final order of the hearing panel is entitled to judicial review thereof , in the District Court of Hennepin County if proper application � is made therefor within thirty days after the hearing panel has served its order. The review shall be conducted by the , Court without a jury and shall be confined to the record, except that in cases of alleged irregularity in procedure � before the hearing panel not shown on the record, testimony � thereon may be taken by the Court. Except as otherwise ' 19 , , provided, all proceedings shall be conducted according to , the provisions of Minnesota Statutes Sections 15.0424 - � 15. 0426. Subd. 7. The Court may affirm the decision of the � hearing panel or remand the case for further proceedings; or it may reverse or modify the decision if the substantial � rights of the appellant have been prejudiced because the hearing panel's findings or conclusions are: � (a) In violation of constitutional provisions; or ' (b) In excess of the authority conferred upon said hearing panel by this ordinance; or ' (c) Made upon unlawful procedures; or (d) Affected by other error of law; or � (e) Unsupported by substantial evidence in view , of the entire record as submitted; or (f) Arbitrary or capricious. � Section 13. STANDARDS FOR DETERMINING ALLOWABLE RETURN ON COMMON EQUITY. The Allowable Return on Common Equity , is determined by and must satisfy the following standards: , (a) The Allowable Return on Common Equity shall permit Company to earn a return on its equity � investment in property which it employs for the convenience of the public equal to that , generally being made at the same time and in the same general part of the country on similar , investments in other business undertakings � 20 � � 1 which are attended by corresponding risks and � uncertainties. (b) The Allowable Return on Common Equity shall be � reasonably sufficient to assure confidence in � the financial soundness of Company. (c) The Allowable Return on Common Equity shall be , adequate under efficient and economical management to maintain and support Company's � credit and enable it to raise the money � necessary for the proper discharge of its public duties. , Section 14. ACTUAL NET EARNINGS. Subdivision 1. In the computation of Actual Net Earnings, appropriate , items may be amortized or accrued according to generally , accepted accounting principles and, except as otherwise provided in this ordinance for specific items, the amounts ' and rates of amortization or accrual shall be based upon the actual experience of Company where such experience exists. � Subd. 2. An allocation shall be made by Company � of operating expenses and utility plant within and outside the Metro Area on a basis that reasonably reflects the ' occurrence of such expenses and plant for rendering service within and outside the Metro Area. , Section 15. STABILIZATION RESERVE ACCOUNT. , Subdivision 1. Actual Net Earnings greater or less than the Allowable Annual Return in any calendar year � 21 ' , , shall be credited or debited to an account desi nated the g � "Stabilization Reserve Account" . Subd. 2. Any credit balance in said account shall be , credited monthly with interest computed at the current prime � interest rate. Subd. 3. All or part of any debit or credit 1 balance in said account may be amortized over not more than two years to balance earnings and to minimize fluctuations ' and stabilize rates in the Metro Area. By agreement of � the Executive Committee and Company all or part of any debit or credit balance in said account may be amortized ' over more than two years to balance earnings and to minimize fluctuations and stabilize rates in the Metro � Area. Subd. 4. Any credit balance in the Stabilization , Reserve Account shall not be used to benefit customers � located in Municipalities where rates lower than the Metro Area Rates were charged in the period during which such , credit accrued. Subd. 5. Any balance in said account at termination 1 of the rate-making process in the Metro Area provided for in ' this franchise shall be promptly refunded or otherwise recognized for customers' benefit. ' Section 16. RESERVE FOR DEPRECIATION AND AMORTIZATION OF UTILITY PLANT. Subdivision 1. The Company' s � � 22 � � � books of account shall contain an account designated as r "Reserve for Depreciation and Amortization of Utility Plant" , or similar caption, which shall show 1 accumulated charges to operating expenses on account of ' depreciation adjusted for salvage and retirements in accordance with Subd. 2 of this section. The annual � charges to operating expenses for depreciation of depreciable property used and useful in rendering electric service in rthe Metro Area shall be an amount designed to recover � ratably the original cost of such depreciable property over the estimated average service life of each group of � property. Annual depreciation rates shall be revised periodically so as to reflect all factors bearing on the � recovery of the original cost of such depreciable property over its estimated average service life. At least once ' every five years the Company shall prepare a depreciation � study analyzing retirement experience and other factors relevant to the establishment of depreciation rates. Such , study shall be used as a guide in determining the depreciation rates to be used to recover the original cost of depreciable � property. , Subd. 2. The actual original cost of property abandoned, otherwise retired from service or not used and iuseful in the public service for any cause, shall be credited to the appropriate plant account. Such original � � 23 � , � cost plus the costs incidental to said abandonment or � retirement shall be debited to the Reserve for Depreciation and Amortization of Utility Plant, subject, however, to the � provisions of Subd. 3 of this section. The salvage value received and any other amounts recovered from said property ' shall be credited to said Reserve. � Subd. 3. When a substantial segment of Company's utility plant is abandoned or retired from service because � of unusual obsolescence or property damage and such property is not fully covered by the Reserve for Depreciation and � Amortization of Utility Plant, other reserves or by ' insurance, the unrecovered balance of such property after consideration of tax effects shall be credited to said � Reserve or other appropriate reserve and be debited to a deferred account designated as "Extraordinary Property � Losses", or similar caption. Debits to said deferred , account shall be amortized by charges to operating expenses as provided for in Section 14, and the unamortized balance , shall be included in the Allowable Rate Base. Subd. 4. If the actual original cost is not , shown by the books and records of Company or its pre- , decessors, such amount shall be estimated and a record be made by Company showing the facts upon which said � estimate was based, the manner in which it was determined, and the person by whom it was made. rSection 17. ACCOUNTS AND RECORDS. Subdivision � 24 r � ' 1. Al1 expense items, whether charqed directly and entirely ' in a calendar year or amortized or accrued over a longer period, all revenue items and all balance sheet items , shall be recorded in substantial accordance with the , applicable provisions of the Uniform System of Accounts, as amended from time to time, by the Federal Power Commission. � When optional accounting is permitted under the Federal Power Commissions Uniform System of Accounts, Executive Committee , and Company shall agree on the option to be followed for , book and rate making purposes. Subd. 2. Cornpany shall file with the Authority � (a) schedules showing all of its rates and charges, (b) forms of service contracts or agreements, and (c) any rules � and regulations relating to rates, charges or service by , Company to its customers in the Metro Area, all of which shall be open for public inspection. Such schedules, forms � and rules and regulations shall also be kept by Company, and shall be available at all reasonable times for public inspection. , Subd. 3. Company shall keep, maintain and , preserve proper and accurate engineering, accounting,- financial and statistical records relating to the con , struction, cost, maintenance and operation of its utility plant which show all financial transactions, including � receipts and disbursements and the particulars thereof. , Subd. 4. The Authority shall have access at all � 25 ' , , reasonable times to inspect, ,examine or audit all of the � accounts, books, records, reports, contracts, documents and papers of Company relating to its electric operations. ' Subd. 5. Procedures and Accounting Manual. As soon as practicable after the effective date of this Ordinance, , Company and the Rate Administrator shall compile a manual � of procedures and accounting methods to implement this ordinance in accordance with the standards set forth herein. , The terms of said manual shall apply to all rate filings and determinations until changed, modified or amended by mutual , agreement of the Company and the Rate Administrator. 1 Subd. 6. Company shall prepare and file with the Rate Administrator statements for its electric utility � operations as provided in the Procedures and Accounting Manual. � Section 18. INDEMNIFICATION. Company shall � indemnify, keep, and hold Municipality, its officers, employees and agents free and harmless from any and all � liability on account of injury to persons or damage to property occasioned by the construction, maintenance, � repair, removal or operation of Company's property located , in, on, over, under, or across the streets, alleys, public ways and public grounds of Municipality, unless such injury ' or damage is the result of the negligence of Municipality, its employees, officers or agents, or results from the � performance in a proper manner of acts reasonably determined � to be hazardous by Company, but such performance is � 26 ' � nevertheless ordered or directed by Municipality after � notice of such determination by Company. In the event that suit shall be brought against Municipality unde= � circumstances where the above agreement to indemnify � applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written notice of the ' suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such � notice is not seasonably given as hereinbefore provided, � Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will � thereafter have complete control of such litigation, but Company may not settle such litigation without the � consent of the Municipality unless Municipality unreasonably , withholds such consent. Section 19. RELOCATIONS. Subdivision 1. � Whenever Municipality shall grade, regrade or change the line of any street or public place or otherwise improve any istreet or public place or construct or reconstruct any sewer or water system therein and shall, with due regard � to seasonal working conditions, reasonably order Company � to relocate permanently its electrical faCilities located in said street or public place, Company shall relocate ' its facilities at its own expense. Muniaipality shall give Company reasonable notice of plans xequiring such � relocation. Nothing in this ordinance cpntained shall , � 27 � � � de rive Com an of its ri hts under Minnesota Statutes P P Y 9 �' Section 161.46, as amended. . Subd. 2. Where the Municipality orders Company �' to relocate any of its facilities, Company shall proceed with such relocation. If such relocation is done without , an agreement first being made as to who shall pay for the �' relocation cost, such relocation of the facilities by i Company shall not be construed as a waiver of its right I, to be reimbursed for the relocation cost. If Company + claims that it should be reimbursed for such relocation , costs, it shall notify the Municipality within ten (10) ,', days after receipt of such order. Subdo 3. Except where required primarily for a ' municipal improvement project, the vacation of any street, alley, public way or public ground, after the installation ' of electrical facilities, shall not operate to deprive ,� Company of the right to operate and maintain such electrical facilities, until the reasonable costs of relocating the isame and the loss and expense resulting from such relocation are first paid to Company. � Section 20. TREE TRIMMING. Company shall have the , permission and authority to trim all trees and shrubs in the streets, alleys, public ways and public grounds of � Municipality, interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, �, conduits, fixtures or appurtenances, installed in pursuance �' 28 f� ' � of the authority hereby granted, provided that Company shall � save Municipality harmless from any liability in the premises. Section 21. F�ANCHISE TERMINATION. If Company ' shall be in default in the performance of any of the � material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after , receiving notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and ' ado ted terminate all rights granted under this ordinance P . , to Company. The notice of default shall be in writing and shall specify the provisions of this ordinance in the ' performance of which it is claimed that Company is in default. The validity and reasonableness of any ordinance � so passed declaring a forfeiture of the rights and privileges ' granted by this franchise ordinance shall be subject to review by a court of competent jurisdiction. ' Section 22. CHANGE IN FORM OF GOVERNMENT. Any change of the form of government of the Municipality as ' authorized by the State of Minnesota shall not affect the ' validity of this franchise. Any municipal corporation succeeding the Municipality shall, without the consent of ' Company, succeed to all the rights and obligations of the Municipality provided in this franchise. ' Section 23. COSTS OF ADMINISTRATION. The , Company agrees to pay to the Authority, an initial sum � 29 ' I � ' of $150,000 within 30 days after written acceptance ' of this franchise by Company, and not less than ' $160,000 per year payable in quarterly installments commencing on January 10, 1974, to be allowed as an ' operating expense to the Company and which shall be used to secure compliance with this ordinance, and for such � other purposes relating to the Company's costs of service ' as the Authority shall deem necessary. The amount of such annual payment shall be subject to review and revision by the ' Authority and Company at the end of 1975 and thereafter as mutually agreed to. , Section 24. ASSIGNMENT. Company upon notice to the municipality shall have full right and authority � to assign all rights conferred upon it by this ordinance ' to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall , become subject to the terms and provisions of this ordinance. ' Section 25. WRITTEN ACCEPTANCE. Company shall, � if it accepts this ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted ' with the Municipal Clerk within 30 days after the effective � date of the agreement establishing the Authority. ' Section 26. REVOCATION. If this uniform franchise , ordinance is not adopted by June 30, 1973, by Municipalities ' 30 ' in which 60$ of Company's electric customers in the Metra Area were located on January 1, 1973, .the Municipal Council may revoke the same. However, this right of revocation � s 'n e when the Authorit is established. For hall termi at y � the purpose of this section each Customer Account of Company ' shall be deemed a customer. Company shall notify the Municipal � Clerk in writing whether the above condition has been met. If revoked, the provisions of this ordinance � shall be without re 'udice in an subsequent proceeding. P 7 Y � Section 27. EFFECT ON EXISTING FRANCHISE. It is the intention of the Council that this franchise ordinance � is effective upon compliance with Section 25 and � that it shall thereafter govern the rights and duties of Company and Municipality until its termination. It is � further the intention of the Council that the existing franchise granted to Company (Ordinance No. ) is not � repealed but is superseded by the terms of this ordinance and that upon termination of this ordinance the existing franchise � will continue to govern the rights and duties of Company and � Municipality until the termination thereof. Section 28. PUBLICATION EXPENSE. The expense of Spublication of this franchise ordinance shall be paid by � Company. � ' � 31 � � i � APPENDIX A ' � (If the uniform franchise ordinance is adopted � during 1973, Appendix A will contain the rate schedules jpresently in effect in the municipality adopting the franchise. ) � , i � � � r � � � � JOINT AND COOPERATIVE AGREEMENT � , METRO RATE AUTHORITY � The parties to this agreement are governmental units � of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59. � I. GENERAL PURPOSES The general purpose of this agreement is to establish � an organization to jointly and cooperatively administer the � rate provisions of uniform franchises which the parties to this agreement have granted to Northern States Power Company. � The name of the organization is the METRO RATE AUTHORITY. II. DEFINITIONS � Section 1. For the purposes of this agreement, the Lterms defined in this article have the meanings given them. Section 2. "Authority" means the electric rate tregulatory authority created pursuant to this agreement and contemplated in the uniform franchises granted to the Northern � States Power Company by the parties to this agreement. Section 3. "Board" means the Board of Directors of j the authorit established b Article IV. Y Y � Section 4. "Executive Committee" means the comanittee appointed by the Board pursuant to Article VIII. � Section 5. "Council" means the governing body of a governmental unit, and in the case of a town, the term means � the town board. � Section 6. "Company" means the Northern States Power '� Company, a Minnesota Corporation. Section 7. "Customer" means a customer account of � Company. � Section 8. "Member" means a governmental unit which � has entered into and become a party to this agreement. Section 9. "Governmental Unit" means a city, borough, � village, or town in the Metro Area authorized to grant a � franchise to an electric utility company. Section 10. "Rate Administrator" means a person jappointed by the Authority pursuant to Article VI to administer the rate provisions of the uniform franchises. � Section 11. "Metro Area" means all areas served with � electricity by the Company in the Counties of Anoka, Carver, � Dakota, Hennepin, Ramsey, Scott and Washington: where a � governmental unit is partly within and partly outside said counties, the area outside the county is included in the Metro � Area. Section 12. "Uniform franchise" means the franchise � ordinance adopted by parties to this agreement containing � identical provisions relating to rate determination and administration: the ordinance may contain provisions enacted � pursuant to the municipality's statutory or charter authority to otherwise regulate the use of its streets, alleys, public � ways and places. � III. MEMBERSHIP Section 1. Any governmental unit in the Metro Area � 2 � which has adopted the uniform electric franchise is eligible to be a member of the Authority. Section 2. A governmental unit desiring to become a member shall execute a copy of this agreement and conform � to the membership provisions of Article V. Section 3. The initial members shall be those members � who joined the Authority on or prior to March 1, 1974. � Section 4. Governmental units joining the Authority after March 1, 1974, shall be admitted only upon the favorable � vote of two-thirds of the votes of the members of Board. The Board in its by-laws may impose conditions upon the admission � of additional members. Section 5. No change in governmental boundaries, � structure, or organization affects the eligibility of any � governmental unit to become a member of the Authority. IV. BOARD OF DIRECTORS � Section 1. The governing body of the Authority is its Board of Directors. Each member is entitled to one � director on the Board. Each director is entitled to one � vote for each full 100 customers served by the Company in the governmental unit he represents, provided however that � each member shall have at least one vote. For purposes of this section, customers attributable � to each governmental unit are those supplied to the Authority � by the Company pursuant to the uniform franchise. Upon receipt of the Company's report, but not later than April 1 � 3 � of each year, the Secretary-Treasurer shall compute the vote of each member in accordance with this section and ahall certify the results to the chairman. Section 2. A director shall be appointed by reso- lution of the governing body of a member for a term of one ' calendar year terminating on May 1, and he shall serve � until his successor is selected and qualifies. Directors shall serve without compensation from the Authority, but � this does not revent a overnmental unit from providing P 9' � compensation to its director member for serving on the Board if such compensation is authorized by law. � Section 3. A majority of the votes of the members � constitutes a quorum, but a smaller number may adjourn from ; time to time. Directors may not be represented by others � at meetings of the Board and there shall be no proxy voting. Section 4. Vacancies in the office of director will �, exist for any of the reasons specified in Minn. Stat. Section 351.02, or upon the revocation of a director's � appointment by a member duly filed with the Authority. � Vacancies on the Board shall be filled by the governing body of the member whose position on the Board is vacant. � V. MEETINGS - ELECTION OF OFFICERS Section 1. A governmental unit may enter into this � agreement by resolution of its governing body and the duly � authorized execution of a copy of this aqreement by its � he clerk or other a ro riate proper officers. Thereupon, t PP P 4 � a officer of the member shall file the copy of the aqreement and a certified copy of the authorizinq resolution with the city manaqer of the City af Colwnbia Heiqhts. The resolution . , authorizing the execution.,of. the aqreement shall also designate � the first c�irector for the member, on the Board. ` Section 2. This agreement is effective on the date � when it has been authorized by governmental units in which , 60 percent of Company's electric customers in the Metro Area• � are located and when executed agreements and necessary � authorizing resolutions� have been filed by the �governmental units as provided herein. � Section 3. Within thirty days after the effective date , of this aqreement, the mayor of the City of Columbia Heights � shall call the first organizational meetinq of the Board of � Directors, which shall be held not later than fifteen days after such call. At the first organizational meeting of � the Board and at the annual meetinq thereafter, the Board shall select from its membership a chairman, a vice chairman, � a secretary-treasurer, and provide for the election of the � Executive Committee. Section 4. At the organizational meeting, or as soon � thereafter as it may reasonably be done, the Board shall adopt by-laws governin� its 'procedures, which shall include � the time, place, and frequency of its regular meetings. The Board shall meet at least annually on the first Tuesday in � A ril and on such other dates as ma be rovided in its P Y P � 5 � � � by-laws. The date of the annual meeting may be changed � by a two-thirds majority of the votes of the members. The by-laws may be amended from time to time. � Section 5. Special meetings of the Board may be called � by the chairman, or by the Executive Committee, and shall be called by the Executive Committee upon the written request iof a majority of the votes of the Board of Directors. Five days written notice of special meeting shall be given to the � Directors. The notice shall include the agenda for the � special meeting. � Section 6. The specific date, time and location of � regular and special meetings of the Board shall be determined by the Executive Committee. Regular and special meetings of 1 the Board sh�ll be held in the Metro Area. � Section 7. Notice of regular meetings of the Board shall be given to the Directors by the secretary-treasurer � of the Board at least fifteen days in advance, and the agenda for such meetings shall accompany the notice. Business � at reqular meetings of the Board need not be limited to � matters set forth in the agenda. VI. POWERS AND DUTIES OF THE BOARD � Section 1. The powers and duties of the Board of Directors are set forth in this Article. � Section 2. The Board shall direct the Executive Committee to designate and employ a person to act as Rate � Administrator on behalf of the Authority and its members. �� 6 � I The Rate Administrator is empowered to perform those duties with regard to the rates of the Company as provided in the uniform franchises granted to the Company by members. The � ssional erson ex erienced Rate Administrator shall be a profe p p � in public utility regulatory matters. Section 3o The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it by this agreement. � ' n 4 It ma rovide for the rosecution, Sectio . y p P � defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ � counsel for that purpose. The Board may employ such other persons as it deems necessary to accomplish its duties and � owers. Em lo ees may be on a full-time, part-time or P P Y � consulting basis as the Board determines and it may make any required employer contributions which municipalities � are authorized or required to make by law. Section 5. It may conduct such research and investi- � ation and take such action as it deems necessary, including g � appearance and participation in proceedings of state and federal regulatory and legislative agencies, on any matter trelated to or affecting electric costs, rates, supplies and electric franchises, and advise the members concerning such " matters, with a view toward obtaining compliance with the franchises which have been granted by the members to the � e company and insuring reasonable electric rates for th 7 � � members and their residents. � Section 6. The Board may obtain from company and � from any other source such information relating to electric rates and costs as any of its members is entitled to obtain. � Section 7. It may receive and hold moneys from the Company to finance the Authority in the manner and to the � extent provided by the uniform franchise; and it may accept � voluntary contributions from its members if the members determine that unusual circumstances warrant providing the � Authority with additional financial support; but the Board shall not have any taxing power. It may accumulate reserve � funds and may invest and reinvest its funds not needed for current operating expenses in the manner and subject to the , limitations applicable by law to villages. The Board shall � not at any time incur obligations in excess of funds then available to the Authority. � Section 8. It may contract for space, material, and supplies either with a member or with other parties. , Section 9. The Board shall provide for an annual � independent audit of the books and accounts of the Authority and shall make a financial accounting and report to the � members at least once each year. The books and records of the Authority shall be available for and open to examination � by its members at all reasonable times. � Section 10. The Board may accept gifts, apply for and use grants of money or other property from members or other � 8 � � governmental units or organizations, and may enter into � agreements required in connection therewith and may hold, � � use, and dispose of such moneys or property in accordance with the terms of the gift, grant or agreement relating � thereto. � Section 11. The Board shall establish the annual � budget for the Authority as provided in Article IX. � Section 12. The Board may delegate authority to the Executive Comanittee, between Board meetings. Such delegation � of authority shall be by resolution of the Board and may be conditioned in such manner as the Board may determine. � Section 13. It may purchase public liability insurance �' and such other bonds or insurance as it may deem necessary. Section 14. The Board may exercise any other power � necessary and convenient to the implementation of the powers and duties which it or the Rate Administrator is given under � the provisions of this agreement. , VII. OFFICERS Section 1. The officers of the Board of Directors � shall consist of a chairman, a vice chairman and a secretary- treasurer who shall be elected by the Board at the annual � meeting held in even numbered years after the organizational meeting. New officers shall take office at the adjournment � of the annual meeting of the Board at which they were elected. � Section 2. A vacancy in the office of chairman, vice � chairman or secretary-treasurer shall occur for any of the 9 � � reasons for which a vacancy in the office of director shall � occur. Vacancies shall be filled by the Executive Committee until the next meeting of the Board. � Section 3. The chairman shall preside at all meetings of the Board. The vice chairman shall act as chairman in � the absence, disqualification or disability of the chairman. � Section 4. The secretary-treasurer is responsible for keeping a record of all the proceedings of the Board , and the Executive Committee, for custody of all funds, for the keeping of all financial records of the organization ' and for such other matters as are delegated to him by the � Board. Persons may be engaged to perform such services under his supervision and direction as authorized by the , Board. The secretary-treasurer shall post a fidelity bond or other insurance against loss of organization funds in � amount approved by the Board at the expense of the Authority. � The secretary-treasurer may be compensated for his services in such amounts as may be established by the Executive � Co�nittee. VIII. EXECUTIVE COMMITTEE � Section 1. The Board shall provide in its by-laws � for the nomination of candidates for and the election of an Executive Committee consisting of no more than fourteen ' persons, plus the Chairman of the Authority who is ex officio Chairman of the Executive Committee with a vote. � � 10 � � � Candidates for electio� need not be directors and a � director may nominate more than one candidate. At the election each member of the Board may cast a number of � votes equal to the number of offices to be filled , multiplied by the number of votes to which the director is entitled under Article IV; and such votes may be cast � for any number of candidates. In the case of tie votes among candidates their ranking in terms of number of votes treceived shall be decided by lot. This method of cumulative voting is authorized for the election of the Executive � Committee and for no other purpose. At the first organiza- � tional meeting of the Authority, the Board shall establish procedures for the election of the initial members of the � Executive Committee in accordance with this Article. , Section 2. Members of the Executive Committee shall serve for a term of two years and until their successors � are appointed and qualify; except that of the members initially elected, the candidates receiving the first, third, ' fifth, seventh, ninth, eleventh and thirteenth highest total of votes, respectively, shall serve until the annual meeting � of the Authority in 1976, and the other candidates elected � s�all serve until the annual meeting in 1975. Each member of the Executive Committee has one vote. A majority of the ' Committee constitutes a quorum, but a smaller number may adjourn from time to time. The Board in its by-laws may , provide for compelling the attendance of inembers of the � 11 � Executive Com�tiittee at meetinqa theraof and for the dis- qualification of inembers of the committee for non-attendance. .' Section 3. The Executive Committee shall meet at the ; call of its chairman or upon the call of any two other members of the Executive Committee. The date and place of the meeting shall be fixed by the person or persons calling the meeting. At least 48 hours advance written notice of such meeting shall be given to all members of � the Executive Committee by the person or persons calling the meeting. Such notice, however, may be waived by any or all members who actually attend the meeting or who give written waiver of such notice for a specified meeting. Section 4. The Executive Committee has the following � powers and duties in addition to those granted by Section 7 ' of this Article: � (a) It shall exercise the powensand perform the � duties delegated to it by the Board of Directors, subject to such conditions and limitations as may be Iimposed by the Board. I (b) It shall prepare a proposed annual budget each year which shall be submitted to the Board of ' Directors at least thirty days prior to the annual meeting. ' (c) It shall present a full report of its activities at each regular meeting of the Board. 12 � � � Section 5. Subject to the provisions of the approved � budget the Executive Committee shall have the authority to � appoint, fix the conditions of employment of, and remove any � employees of the organization. � Section 6. The Executive Committee may adopt by-laws governing its own procedures in accordance with this � agreement and subject to the supervision of the Board. Section 7. The Executive Committee has those powers ' and duties assigned to it by the uniform franchise and such , other powers and duties essential to the administration of the uniform franchises and convenient to the conduct of ' the Authority's affairs as are delegated to it by the Board. IX. FINANCIAL MATTERS � Section 1. The fiscal year of the Authority is the � calendar year. Section 2. Authority funds may be expended in � accordance with the procedures established by law for the expenditure of funds by villages. Orders, checks and Idrafts shall be signed by the chairman or vice chairman � and countersigned by the secretary-treasurer or such other person as shall be designated by the Board. Other legal ' instruments shall be executed on behalf of the Authority by the chairman and the secretary-treasurer. Contracts � shall be let and purchases shall be made in accordance with the legal requirements applicable to villages. � Section 3. The activities of the Authority shall be � 13 �� , � � financed by contributions from the Company as provided in , the uniform franchises. � Section 4e An annual budqet shall be adopted by the ' Board at the annual meeting each year. Copies of the budget ' shall be mailed promptly to the chief administrative officer of each member. The budget is deemed approved by the members � except one who, prior to April 1 of the year involved, gives notice in writing to the secretary-treasurer that it is ' withdrawing from the Authority. , X. DURATION AND DISSOLUTION Section l. This agreement shall be in effect during � the term, including renewal terms, of the uniform franchises, and for such additional period not exceeding one year as is � n�cessary for the Board to provide for final disposition , of the affairs of th� Authority. Section 2. A member may withdraw by filing written � notice thereof with the secretary of the Authority at least 90 days prior to the termination of its franchise, giving � notice of withdrawal at the end of the calendar year; and � membership shall continue until the date of its franchise termination. A notice of withdrawal may be rescinded by a 1 member at any time. If a governmental unit withdraws before dissolution of the Authority, such governmental unit ' shall have no claim to the assets of the Authority. � Section 3. The Authority shall be dissolved whenever the withdrawal of a member reduces total membership in the ' 14 �� ( � � Authority to less than the number of inembers required for , initial membership. In the event of dissolution, the Board � shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures , as promptly as circumstances permit subject to the provisions of this agreement. Upon dissolution of the Authority, all � the remaining assets of the Authority, after payments of � obligations, shall be distributed among the then existing members in proportion to the number of their votes and in , accordance with procedures established by the Board. IN WITNESS WHEREOF, the undersigned governmental unit , has caused this agreement to be signed and delivered on its � behalf. � In the presence of: (Governmental Unit) � By , B Y � Dated: , 1973 , Filed in the off ice of , this ' day of , 1973. , � � 15 � I � SUGGESTED RESOLUTION AUTHORIZING PARTICIPATION � IN THE METRO RATE AUTHORITY; DIRECTING THE j� EXECUTION AND DELIVERY OF A JOINT POWERS ' t i r � AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF l THE (CITY, VILLAGE) AS ITS MEMBER ON THE BOARD !' OF THE METRO RATE AUTHORITY. � WHEREP,S, the (City, Village) of � is authorized by Minnesota Statutes, Section 471.59 to enter � � into joint and cooperative agreements with other governmental �' units, and � WHEREAS, the (City, Village) council has determined � that it is necessary and desirable that the (City, Village) I � cooperate with other municipalities in the regulation of I electra.c utility service in the Metropolitan Area by , participating in the Metro Rate Authority, and WHEREAS, the (City, Village) has granted a uniform , franchise to Northern States Power Company and is, therefore, eligible for membership in the Metro Rate Authority, an � or anization established to administer the rate provisions g � of such uniform franchises adopted by its members. NOW, THEREFORE, BE IT RESOLVED By the (City, Village) ' Council of , Minnesota, as follows: 1. The Mayor and (Clerk, Manager) are authorized � and directed to execute the attached Joint and Cooperative ' Agreement providing for membership of the (City, Village) in the Metro Rate Authority. 2. In accordance with the provisions of the Joint and Cooperative Aqreement, the council hereby desiqnates as its first director on the Board of � Directors of the Metro Rate Authority. , 3. The (City, Village) clerk is directed to file a , copy of the executed agreement together with a certified � copy of this resolution with the city manager of the City � of Columbia Heights. t � , , � i 1 1 1 1 1 1 1 2 � April 19� 1973 Hon. Rosal3e L. But�er Chaixman, Utilities Committee Bui].din� Dear Mac�am: The City Council referred to the Utiliti�s tbmmitt�e for review and recoYnmendation a proposal for a Metropolitan Rate Franchi�e. Very t�uly yours� City Clerk AO�ng �