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260488 wHir�ERK . • Council C/q� [�['� PINK N�E GITY OF SAINT PAUL '){/ j�(J�j CA�IARY -.C?EPARTM�NT _ � B�.VE � M7tYOR � File N0. �vv�`�" ' � ! �- rdin�nce Ordinance N 0. ✓ � "� Presented By ' Referred To Committee: Date Out of Committee By Date •1�n administrative ordinance granting to Northern States Power Company, a corporation organized under the laws of the State of Minnesota, its successors and assigns , a franchise to use the streets and other public property located in the City of Saint Paul for the purpose of conveying and supplying steam for all purposes for a term exter�ding from the adoption here— of �o December 31, 19'73, prescribing rates which the Company may charge for such service , and' determining 'the amount which the Company shall pay to the City for the use and occupancy of its streets and other publie property. _ ' THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Northern States Power Company, a corporation organized under the laws of the State of Minnesota, hereinafter designated as "Company, " being a public -service corporation sup— plying steam public utility service for all pur�oses within the City of Saint Paul under Ordinance No. 14'787 , which expired on December 3�, 1972 , is , together with its- successors and assigns , hereby granted a franchise to use the streets and other public property located in such City for such purpose for a term extend— ing from the adoption hereof to December 31, 19'73. Section 2. The franchise granted herein shall extend to � the Company' s use of all streets and public property now being used by the Company in connection with such service and of s:uch other streets and public property as may from time �o time be designated by the City C-ouncil . Such franchise : to use the stree'ts and other public property located in such Gity "shall include such use for the purpose of constructinl.g, maintaining, COUIVCILMEN Requested by Department.of: Yeas Nays ' Hun t Konopatzki In Favor Levine Meredith Against BY Sprafka Tedesco Mme.President Butler Form Approved ey Adopted by Council: Date "°`- Certified Passed by Council Secretary Y By Approved by Mayor: Date Appr ed by Mayo or Submis BY BY � .� . ` � . " � ;�6�'��3� • Page 2. and operating a system of pipes , subways and manholes with all other necessary appurtenances for carrying on the business of conveying steam to eonsumers for all purposes . Section 3 . In locating its steam facilities , the Company shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over said streets and public property nor interfere with other uses to which such places may be put by the City of Saint Paul , and in the event it shall become necessary during the term of this franchise to remove or relocate the physical property of the Company located within or upon any of the streets or public property in the City of Saint Paul , because of such interference or use by the City, or as a result of any public improvement undertaken by the City, the Company shall , when so advised by the Council , remove and relocate said facilities without cost to the City of Saint Paul , and shall place the streets or public property in the sa�me condition as they were prior to s,aid removal or relocatio'n: ' Any relocation or removal of the Company' § facili- ties made necessary because of the extension through or into the City of a Federally-aided state trunk highway, included within the National System of Interstate Highways , shall be governed by� the provisions of Minnesota Statute� 1971, Section 161. 46. • � Section 4. The Company in the installation, maintenance , and operation of its facilities shall be subject to such reason- able regulations as may be provided by the Counci'1 , and no pipe or pipes or o�ther appurtenances shall hereafter be installed or laid by the Company upon the s�treets and pu-bl_i�: .property of the City, except upon application to the Department ��of Public Works or other persons 'designated by the City Council , and written pe rmission therefor granted by said department or person, sub- ject to approval , however, by the Council by resolution. Section 5 . During the term of the franchi,se hereby granted, the Company sha11 pay into the treasury of the City of Saint Paul a yea�rly f`ranchise fee of 8�0, the monetary amount of which is to be measured by the Company' s gross earnings during 1973 and the payment of such amount to be made in quarterly install- ments on or before the 30th day of April , July and October of said year, and on or before the 30th day of December of said year, so t�hat the April 30th payment of the franchise fee shall be 8% of� th� amount of the gross earnings of "the Company during the three-month period of January, February and March of 1973; the July 30th payment of the franchise fee shall be 8�fo of the amount of the gross earnings of the Company during the three- month period of April , May �nd June of 1973; the October 30th � . � . � . . . ` �fi�"'4�3� . Page 3. payment o:f the franchise fee shall be 8% of the amount o� the gross earnings of the Company during the three-month period of July, August and September of 1973; and the December 30th . payment ' of the franchise�. fee shall , if necessary, be based on a reasonable estimate of the gross earnings of the Company during the period from October 1 through December 31 of i973, and shall be appropriately adjusted by an addit�ional payment by the Company or a refund by the City of Saint Paul when actual gross earnings for sueh period have been determined by the Company. The amount of the franchise fee shall be allowed as an operating expense to the Company, and in calCulating such amount , "gross earnings" shall be held to mean ari.d include all sums received by the Company from the -sale of steam dis- tributed and used within the city limits of the C�ity of Saint Paul . Section 6. The Council hereby prescribes the following schedule of rates contained in Appendix A attached hereto and made a part hereof. -Such rates shall� become effective as to all bills computed from regular meter readings on and after the effective date of this ordinance , and shall remai� in effect and continue in force until changed as provided herein. Section 7 . At any time the Council may review the operations of the Company, and not more often than once in 19.73, it may, upon its initiative , or shall , upon the petition of the Company, �pre- scribe rates to be eharged by the Company under this franchise . If there is a dispute between the Council and the Company over the adoption of prospective ra�es , an exa�ination of those rates shall be conducted in a� public hearing �iefore a qualified hearing examiner upon ten (10) days ' publie.hed notice in the official � newspaper.• The hearing examiner shaTl be selec,ted by mutual agreement of the Company and the Council with�n �wenty (20) days after the filing of said petition. If any selection is not made �ithin said twenty (20) day period, then the hearing examiner s�all be selected by the Council from a list of three nominees recommended by the Chief Judge of the District Court of Ramsey County. •The hearing examiner sha11 at the conclusion of the hearing make. recommendations to the City Council which in turn shall rev�iew the record and prepare an ordinance setting reason- able rates to be charged by the Company with ten '.(10) days ' pub- lished n.otice of a public hearing on said final �adoption of said ordinance to be given in the official newspaper. ' Should the City Coun�il and the Company agree to setting rat,es without re- quiring the hearing before the hearing examiner and the rates to be cha�ged are increased under such agreement , such setting shall be - by. ordinance , with ten (10) days ' published notice of a public .hearing on its final adoption to be given in the � .` � .. ' `��48� . - � .� � Pa e 4. �� J g official newspaper. In setting the rates to be charged, the Council shall thereby include in such determination revenue sufficient to provide a fair and reasonable return to the Company �,nd to cover its reasonable cost.s and operation expenses allocable to the City. Th� prescription o� the rates ' shali be � made within 150 days after the filing of the petition, and should it appear within 100 days after such filing that �the Council will be unable. to prescribe rates within said 150-day -period, the Company may request the Council to authorize the �schedules of rates proposed by the Company in its petition to become effective as interim rates on all bi1Ts computed from regular meter read- ings after 5aid 150-day period, subject to the obligation by Company 'to refund �to its customers any increases in rates col- lected under such interim rates which are in excess of the law- ful and reasonable rates as finally determined. ; � � Section 8 . The Company may withdraw an� rate schedule which has been superseded, may revise any existing rate schedule , or establish o�her rate schedules , providing the rates thereunder shall be reasonable and no existing customer shall be required to �ay higher rates for the same extent of service received prior to the revision or establishment . Within ten ( 10) days , after the filing of such withdrawal , revisio�, or new schedule by the Company, th� C�ity Clerk shall give published notice of such filing. The withdrawal , revision, -er new schedule shall take effect sixty (60) days after written notice thereof has been filed by the Company with the City Clerk and wit� the Public Utility Rate Expert unless the Council ar any customer shall in�tiate by resolution or petition during ,.the interim period a review of the filing, whereupon a public hearing shall be conducted upon ten (10) days ' notice publis��d beforehand in the official newspaper. After the hearing, ' the Council shall by resolution adopt, modify, or reject the withdrawal of superseded rates , revision" of existing rate� , or establish- ment of new rates . � Section 9. The Company s'hall file with the City Clerk, the Public Utility Rate Expert and any other per•son designated by the Council , copies of aTl rate schedules , �harges ; forms- "' of contracts or agreement for the sale of' steam, and rules and regulations pertaining there,to , which shall be kept� open by City officials for public inspec"tion. Within ten (10) days af�er� the filing of such rules and regulations or amendments thereto, the City Clerk shall give published notice of such , filing. Such rules and regulations and amendrrients thereto which may be filed from time to time 'by the Company shall be reasonable , and the Council may, upon its own initiative , or upon petition by any 'customer, filed with the City Clerk � � Page 5. within fifteen (15) days of publication of the notice, review • such rules and. regulations and amendments thereto and after a public hearing set upon ten (10) days' notice publish�d in the official newspaper, enact a resolution revising such rules and r�gulations and a�endments thereto which it shall deem unreason- able. Section 10. For the purpose of assisting the Council in the reqtzlation of the activities and rates of the Canpany as prowided in this franchise, a Public Utility Rate E�ert with an adequate staff as full-tit�e employees shall serve to perform the duties that such regulation necessitates. If the Council deter- mines that the Public Utility Rate Expert should be from the Cit� Attorney' s staff, then the City Attorney shal7. assign the Rate Expert to it with the concurrence of the Council. Section 11. Z'!1e Company shall pay the City during the term herecf an annual a�ount of $1�,�00 payable on May 1, 1973, whicM sum shall be used to pay that part of the annual salary of the Public Utility Rate Expert, hi� assistant or assistants, clerical help and office expenses, outside accountants, hearing exa�iner, attorneys. advisors, and ecnsultants'. fees, rea�onably related to the regulation of the Company, ita rate sahedules, and other matters and operations under this franchise. T'he amount of such payment or pay�ents shall be allowed as an operating expense of the Company in the City of Saint Paul. Section 12. T'he Company shall file during each month with the Public IItility Rate Expert, or other person designated by the City Council, a report of the nvmber af custc�mers, sales t and r�venues by classes of services for th� preeeding month baffied � upon its utility operations within the City of Saint Paul. T'he Conpany shall also file with t'he Publi� tTtility Rate Expert, or other person designated by the C�ty Council, within three months after January 1 of 1973, a complete detailed state- a�ent on forms to be apprcved by said rate expert, cr other person, covering the utility operations.within the City of Saint Paul for the preceding y�ar, including all revenues, expenses and plant inve�tment, together with such breakdown and analysis of operating statentents as the said rate expert may request. T'he rate expert, or other person designated by the City Council, shall have the right to require additional infonaation concerning opera- tions under this ordinance from time to �ime in such fora� as �ay b� preseribed by ssid rate expert or other persoa. Any person or p�rsons designated for that purpose hy the Council shall have the right, at all teasonable times and upon � r . ' . . . . , 2�C�� r, Page 6 . � reasonable notice , to examine the books of account , records , voucher_s , disbursements , rates , revenues , contr�.ets , purchases , sales and other transactions bearing on and relevant to the rates Company charges and the serviee it provides to its customers in the City of Saint Paul . Section 13. Before this ordinance shall be finally adopted by the Council , a public hearing shall be held upon ten ( 10) days ' published notice in the official newspaper and after said hearing the Council may pass this ordinance , revise or amend the same . The Company shall bear the costs of, publication of the franchise ordinance and sha11 make a sufficient deposit with the City Clerk to guarantee publication. before the ordin- ance is passed. _ K Section 14. The Company shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or property occasioned by or aris�ng out of the con�truction, maintenance , operation, or repair of said transmission and distribution system or by the conduct of the Company' s business in the City. , Section ��. The Company shall have the right to promul- gate , from time to time , such rules , regul�,t�ions , terms and conditions governing the conduct of its business , not in conflict with this franchise ordinance , as snall be reasonably necessary to enable the Company .to exercise its rights and:�perform its obligation.s under this franchise_ ordinan�e , and to assure safe , adequate and continuous service to its customers . The Company' s obligation t,o provide service shall be limited ta; serving steam at existing premises receiving such service and reasonable ex- pansions thereof, provided that such service can. bs rendered with steam production facilities presently operated b`y the Company. Other premises located on steam mains ma� b� served pursuant to rules and regulations of the Compar�y which protect service to existing premises and reasonable expansions thereof. Said rules , regulations , terms , and conditions shall be filed with the Ci�y Clerk.' _ Section 16. The Company shall , within thirty (30) days after the passage , approval , and publication of t.his ordinance , � file with the City Clerk of said City its wri-tten acceptance thereof in form to be approved by the City Attorney, and therein sh�.11 agree t� abi,de by, keep , and per;form all the terms , limitations , conditions , and provisions: of this ordin- ance . Section 17 . This franchise herein granted shalT not be exclusive nor irrevocable but may. be terminated and forfeited ry WH{7� - CITY CLERK . ' � ('��(�(1 PIf�K - FINANCE GITY OF SAINT PALTL Council � xjK . CANqRY - DFPARTM$NT f�d V�� BLUE ♦-�Iv1qYqR File NO. . . -� . �.��/� - Ordin�nce Ordinance N 0. Presented By Referred To Committee: Date Out of Committee By Date Page 7 . , after notice and hearing for any breach or failure by Company to comply with the terms , limitations , or conditions hereof. Section 18. This ordinance shall take effect and be in force after the public hearing prescribed in Section 13 and thirty (30) days after its passage , approval and publication, and upon its acceptance , as provided in Section 16 hereof. COUIVCILMEN Requested by Department of: Yeas Nays Hunt Konopatzki In Favor Levine Me_c^��p�d ler � Against BY Tedesco Mme.President Butler �Cg 7 � 4� Form Approved by City Attorney Adopted by Council: Date Certif' d Pas d by Co c y BY BY . .r � Approv by Mayo . Date 8 Approved by Mayor for Submission to Council By PUBLISHED FE IO PUdL1�F1Efl FEB 10 �97 .� • . � - • .• _ � Northern States Pawer Company (Minn) Heating Utility - City of St. Paul RATE SCHEDULE FOR STEAM SERVICE Availability Available to co�nercial and industrial customers for general use of steam service. Steam service furnished from low pressure mains is avail- able from September 1 to May 31, inclusive; and steam service furnished from high pressure mains is available the entire year. Rate First 200 000 lbs of condensate per month @ $2,g9 per 1000 lbs Next 300 000 " " " " " @ 2,4g �� Next 500 000 �� " " '� �� @ 2.12 �� Next 2 000 000 " " " " " @ 1.75 " " " Excess " " " " " @ 1.45 " " " Prompt Payment Provision A charge of 5% will be added to net bill, computed at the Rate shawn above, which charge shall constitute a discount from gross bill for payment within the discount period. Monthly Minimum Charge $10.85 net per meter. Fuel Clause There shall be added to or deducted from the net monthly bill computed according to the above schedule $0.020 per thousand pounds of steam for each whole cent by which the cost of fuel is more or less, respectively, that $.30 per million Btu. The cost of fuel shall be the average cost of fuel used during the preceding twelve months by the Steam Production plants of Northern States Power Company supplying steam to its St. Paul distribution system and shall include the costs in FPC Account 501 - Fuel. 1 ��NOTIC� ��,• �� . ��23�� 'i�x. �e .; N S�lat ` o'c C So D be� i � � u 11s++ axtd ��'_ , to ,,�, �heYtd re� �ated JanuarY �8��973) I (Janua'rY . PUBLISHED FEB $ �973 11TSP NORTHERN STATES POWER COMPANY � MINNEAPOLIS, MINNESOTA SS401 F1LE0 F'Ee 17 !I 5a aN '73 CiTY CLERK'S OFFiCE 5T PAUL► MINN. To the Honorable Mayor and Members of the City Council Saint Paul, Minnesota Gentlemen: The undersigned, Northern States Power Company, does hereby accept and agree to abide by, keep and perform all of the terms, limitations, conditions and provisions of Council File No. 260488, being Ordinance No. 15318, adopted by the Council and approved by the Mayor on February 7, 1973. NORTHERN S TES POWER C ANY BY / Division a And �� .�.• �� Y�-�. � �_�± sistant Secretary APPR �-Tp`FORM- ity Attor ( • . � \ ; • J �� O ' page 5 , - within fifteen (15 ) days of publication of the notice, review such rules and regulations and amendments thereto and after a public hearing se� upon �en (10) days ' notice published in the official newspaper, enact a -resolution revising such rules and regulations _and amendments thereto which it shall deem unreason- able . l Sect on 10. � r the purpose f assisting the ouncil in . the regula ion of th activities an rates of the Co any as provided in this fran ise , the Coun ' 1 shall appoint Public Utility Rate� Expert wi ' an adequate 5°taff as full-time ;employees to perform t�e duties th�at such regul'ation necessi�ates . Section 11 . The Company shall pay the City during the term hereof an- annual amount of �10, 000 payable on May 1, 1973, " which sum shall be used to pay that part of the annual salary � of the .PulSlic Utility Rate Expert , his assistant or assistants , clerical help and office expenses , outside accountants , hearing examiner, attorneys , advisors , and consultants ' fees , reason- ably related to the regulation of the Company, its rate schedules , and other matters afid operations under this franchise . The amount of such payment or payments shall be allowed as an oper- atin� expense of the Company in the City of Saint Paul . Section 12 . The Company shall file during each month ti�ith the Public Utility Rate Expert, or other person designated by the City Council , a report of the nuraber of customers , sales and revenues _by classes of services for the preceding month based upon .lts utility operations within the City of Saint Paul . The Company shall also file with the Public Utility Rate Expert, or other person designated by the City Council , within � three months after January 1 of 1973, a complete �detailed state- ment on forms to be approved by said rate expert , or �other person, covering the utility operatians within the City of Saint Paul f,or the preceding year, including all revenues , expenses and plant i�vestment , together with such breakdown and analysis of operating statements as the said rate expert may. request . The rate -expert,, or other person designated by the City Council , shall have the right to require additional information concerning operations under this ordinance from time to ti�ne in such form as ma.y be prescribed by said rate expert or other person. �- Any person or persons designated for that purpose by the Council shall have the right , at all reasonable times and upon . .: • � . y . � . 26�48� , Page 5 . - within fi teen (15 ) days of public�.tion of the notice, review such rules and regulations and amendments thereto and after a public heari g se� upon ten (10) days ' notice published in the official new aper, enact a �resolution revising such rules and regulations _a amendments thereto which it shall deem unreason— able . Section 10. For the purpose of assisting the Council in , the regulation of the activities and rates of the Company as provided in this f nchise , the .Council shall appoint a Public , Utility Rate Exper� ith an adequate staff as full—time employees to perform the dutie that such regulation necessitates . Section 11 . The ompany shall pay the City during the �term hereof an- annual a ount of �10,000 payable on May 1, 19'73 , which su�n shall be used o pay that part of the annual salary of the .Pub'"Iic Utility Rat Expert , his assistant or assistants , clerical help and office e_ penses , outside accauntants , hearing examiner, attorneys , adviso s , and consultants ' �ees , reason— ably related to the regulati n of the Company, its rate schedules , and other matters and operati ns under this franchise . The . amount of such payment or pay rits shall be allowed as an oper— _ ating expense of the Company i the City of Saint Paul . Section 12. The Company sh 1 file during each month with the Public Utility Rate Expert, o other person designated by the City Council , a report of the mber of customers , sales and revenues by`�classes of services or the preceding month � based upon .its utility operations wi in the City of Saint . Paul . . - The Company shall also file with t Public Utility Rate Expert , or other person designated by the City Council, within � three months after January 1 of 1g73, a co plete detailed state— ment on forms to be approved by said rate e � ert , or �other person, covering the utility operations with the City of Saint Paul f,or the preceding year, including 1 revenues , . expenses and plant investmeni; , together with su h breakdown and analysis of operating statements as the said ate expert may request . The rate expert., or other person de " gnated by the City Council , shall have the right to require a ditional information con.cerning operations under this . ordinan from time to time in such form as may be prescribed by sai rate expert or other person. `` Any person or persons designated for tY�at purpose by e Council shall have the riyht , at all reasonable times and up ,� . . _ � � � � �� Pa�e 5 . - within fifteen ( 15 ) days of public�,tion of the nt�ti.ce� . reviecv such rules and re�ulations and amendments thereto and after a ��ublic hearin� set upon ten ( 10) days ' notice published in the official newspa�er, enact a resolution .revisin�r such rules ancl regulations and amendments thereto whi�h iL shall deem unreason- � able . � Sec�on 10. r the purpose�f' assisting the `�ouncil in � the re�ula�ion of th activities ari`�t rates of the Cor`�rgany as provided in: this fr��,n�hise , the Coun��al shall appoint a Public , .� Utility Rate E�pert wit'h an adec�uate sta.ff as full-time `' employees to perform tl2e duties that such re�ulation necessitates . Section 11 . The Company shall pay the City during the teim hereof �,n- �.nnual amount of �10, 000 payable oii May 1 , 1973 , ' which sum shall be used to pay t;hat part of the annual salary of the Pul�7_ic titi.lity Rate Expert , tlis assista,nt oY� assistants , clerical help and office e�penses , outside account��nts , hearing examiner, attorneys , ad��i.sors , and consult;ants ' fees , reason- �,bly related to the re�ul.ation of the Company , its rate scheclules , �,nd other matters and operations under this i'ranchise . Ttie amount of such payment or payments shall be allocved as an oper- atin� �x�ae�ase of the Company iai t}ie Ci�,y of' Saint Paul . Seccion 12 . The Company shall f'ile durin� each month with the Puk�lic Utilit,y Rate F�pert , or other pf:rson clesi�nated by the City Council , a report of the number of customers , sales and revenues by classes of' services for the precediri�r month � ba�ed upon its utility operations within the Cii;y of Saint Paul , The Company shall also f'ile with the Public Utility Rate E�pert , or other per�son desi�riated b,y- the Cil:y Coutacil , within � thY•ee moriths after Jarivary i oi 1)'73, a complet,e detailed sta±e- ment on forms to be a�proved by said rate expert , or other person, covering 1�he utiliLy operations within the City of Sairit Pa�il for t�ie preceding year, iricludin� all revenues , e�penses and plaxit ir�vestmen� , togetFier with such breakdown and analysis of o��eratixig state►nents as �he said rate expert may request . The rate expert , or other person desi�nated by the City Couricil , shall have the right to require additional information concerning operations under this ordi.nance from time to time iti sucti form as may be prescribed by said rate expert or other• persori. Any person or persons desi�nated for triat purpose by the Council shall h�ve the ri�ht , at all x�easonable times and upon February 12, 1973 �Ir. Thomas A. Conn�lly' Division Mar►ag�r Northern States Power (�mpat�y 364 Wab�.sha Str�eti St. Paul, Minne�ota Dear Sir: �n�losed 3.� a cogy of Ordinance No. 15318, Council F3.le No. 260�+88� the Stea.m Franch3se, wh3eh was adopted by the City Council on �'ebruary 7, 19'73. W� call your special attention to Section 16 thereof �►hich r�qufre� the f3ling of a written acceptan;ce, 3n form a�pprovesd by the City Attorney� wlth the City Cl.erk, within thirty (30j days af`ter the pas�age� approval and publication of the ordinarice. Al�ao +�ncic�aed is s bill in the amount oP �,11�+.�+0 to cover t2z� cost of pub3.i.cation of' the ordirtatice. ' Very truly your$� City C1.erk ng �1.�t t � � + 2r�d 1 � . . ` _ • 3rd � ��dopted � /.�1. , � Yeas Nays �/� H t_nV`.0 KO�dO`'A7.'ZKI °—''�`'�,.� � �� LE�JINE ��7 s� �+ � b�R:i�DITH � �V��,�� E�/��iml�LC(?. TE�ESCO Nhne PRES IDENT (BUTLFR)