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246478 Ori�lnal to City Clerk - �" =! ~ ' � � �ORDINANCE o � . �� COUNCIL FILE NO. PRESENTED BY ��',�'�' � ��'—` �`�J��L,d�2�(f ORDINANCE NO ,�'�`4� �. � An ordinance amending Ordinance No. 11760, �ntitl�:d: "An ordi- nanc� granting to the �iorthern States Fower Company, a eorporation organized under th�: laws of the State of Minneso�a, 3t� ��aec�ssors and �.ssigr��, p�rmission to use the streets �.nd other publie prop�rt� located in the Ci�q of Saint P�.ul for the pu,rpose of conve9ing and supplying st�am fcas� all purposes for a term of ten (10) y�ars from and af'ter January l, 1961, prescribin� rate� which the Grantee � charge for :auch service, �.nd det�rmining the amount which th� Cra.r�.�ee shall pa�r to the Ci�y f'or the use and oceupancy of i�s st�eets and other public property, " as am�nded. , THE C4ilN�II, OF �HE CITY OF �ASIdT PAtTL DOES 4RDAIN: SECTIOIJ 3 That Ordinan�e I�o. 11764, approved �'une 21, z96o, as amended, is her�:by furth�r a�nended by deleting Section � thcrefrom in its entirety and inse�ting in lieu thereof the following S�c�ion 3: , "Section 3. �n or before the fir�st day of October of each year during th� rema3.nir� term of the permission hereby granted, the t�rantee shall pa� into the treasury of the Cit� � of Saint �'aul a aum equ�.l to f3ve per eent (5i6) of its gr°oss� � easnings during the first six months of that calendar year der3.ved w�.thin tMe corporat� limits of the City of Saint Paul, accruing from the exercise and en�oyment of th� pri- vil�g�s g��anted by this ordinanc� and for the use of such' street� or other public proper�y. On or before �he firs� day of March of each year during�^ie rem�.ining term of th� permission hereby grant�d, �he (rran�e� �hal1 p y in�o the trea�ury of the City of Saint Paul a sum oqual�to five per cent (5;�) of i�� ros� earnin�s during the �.ast six months of the preeeding calendar ge�.r derived within �he corpo��.te limits of th� City of Saint Paul accruing from th� ex�rci�� and en�o9ment of the privile�es gran�ed by thig ordinance for the use of such street� and other public prop�rt9; pro- vided, however, that such payment on �t� gross earn3n�s during iche last �ix rnonths of 1970 sha.11 b� paid in�o the treasurp of the City of SaiMt Paul on or b�fore De�ember 30, 1970, 3uch payment shall be based upon a reasonable esti- mate of �ross earnings for said six-month period endin� � Decemb�r 31, 1974 and shall be appropriately ad�usted by an addiicion�,l pagment by Crantee or a refund by City of 3aint Paul when actual �roes earnin�s for said aix-mon�h period have been determined by th� 4rant�e. 'Qross earnings' shall be held to mean and inel�de al1 sums received by the �rantee from th� �ale of steam d3.stribu�ed and used within th� city limits of the City of Saint Paul, rr Yeas Councilmen Nays Passed by the Council Carlson Dalglish In Favor Holland Meredith Against Peterson Tedesco Mr. Preaident (Byrne) Approved: _ Attest: City Clerk Mayor �� Form approved Corporation Counsel By Orl�inal to City Clerk _ � -�� = " � � ORDINANCE . COUNCIL FILE NO� � PRESENTED BY ORDINANCE NO. �� °'v Page 2 SECTION 2 �h� f}rantee shall, �ithin ten days after the final pas�age of this ordinanee by the Council, file with the C3.tg Clerk of said City 3ts written acceptanc� thereof in form to be approved by the �orpo- ration Counsel, and therein shall a�ree to ab3.de b9, l�eep, and perform all the terms and conditions of this ordinance. SECTI4�T 3 This ordinanee sha11 take effect and be in force thirty days after� i�s passa�e, approval and publ3.cation, and upon 3.ts ae�eptance, as p�ovided in Section 2. Reconsidered on I9ecember 26th. 1969. Ydas Counci]�en Nsys `��Carlson � ~Dalglish �Meredith / �Peterson �Tedeaco �Sprsfk� Mr. President Byrr� ; � DEC 2 3 1969 Yeas Councilmen Nays Passed by the Council �Carlson � �Dalglish ��isPRAFr.A � In Favor �Meredith Against Peterson �Tedesco Mr. President (Byrne� Di, approved and vetoed � December 26 1969 _ ttes , ' y Cl Mayor �� Form approved Corporation Counsel By PUBLISHED JAN 31970 r�sp N O R T H E R N S T A T E S P O W E R C O M P A N Y SAINT PAUL, MINNESOTA 55102 December 30, 1969 To the Honorable Mayor and Members of the City Cour�.cil Saint Paul, Minnesota Gentlemen: The undersigned, Northern States Power Company, does hereby aecept and agree to abide by, keep, and perform all the terms and conditions of Council File No. 2�6�78, being Ordinance No. 1�+362, finally passed and approved by the Council on December 26, 1969. ATORTHF.,�'tN y�TATES POWER COMPANY �,....- By �� 'v' ��i Vi,ati President and TManager � And , � ssi ant Secretary APPROVED 0 FORM: c� c.-; Corporatio Counsel � �,'� �.. /��+`-�c`�f �<, � / j �/ C:"_�? �.�._ =1 �. �� !'�� ::_3 f^� _tn �-. rn �-t� L� C7 :.:�7 -:� • ;_� _°.. r� rn �:�, � . . � [� � l � �� ;��6� Commissioner � • � - moves that C. F. No. 246478 be amended as follows: by striking from the propo'sed ordinance Section 1 in its entirety and substituting in lieu thereof the following Section 1: "Section 1 That Ordinance No. 11760, approved June 21, 1960, as amended, is hereby further amended by deleting Section 3 therefrom in its entirety and inserting in lieu thereof the following Section 3: Section 3. On or before the first day of October of each year during the remaining term of the permission hereby granted, the Grantee sha.11 pay inEo the treasury of the City of Saint Paul a sum equaZ to five per cent (SX) of its gross earnings during the � firs[ six months of that calendar year derived within the corporate limits of the City of Saint Paul, accruing from the exercise and enjoyment of the privileges granted by this ordinance and for the use of such streets or other public property. On or before the first day of March of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of � Saint Paul a sum equal to five per cent (5X) of its gross earnings during the last six months of the preceding calendar year derived vithin the corporate limits of the City of Saint Paul accruing from u►c CACiG1eaC auu eujvywet�� i �iye pxiviieKe� Kranteri by this ordinance for the use of such streets and other public propezty; provided, however, that such payment on its gross earnings during the last six months of 1970 shall be paid into the treasury of the City of Saint Paul on or before December 30, 1970. Such payment shall be based upon a reasonable estimate of gross earnings for said six-month period ending December 31, 1970 and shall be appropriately ad�usted by an additional payment by Grantee or a refund by City of Saint Paul when actual gross earnings for said six-month period have been determined by the Grantee. 'Grass earnings' shall be held to mean and include all sums received .by the Grantee from the sale of steam distributed and used within the 'cfty limits of the City of Saint Paul." and by changing Section 2 by striking the section in its entirety and substituting " in lieu thereof the following Section 2: , "SECTION 2 The Grantee shall, within ten days after the final passage of this ordinance by the Council, file with the City Clerk of said City its written acceptance thereof in form to be approved by the Corporation Counsel, and therein shall agree to abide by, keep, and perform all the terms and ,conditions of this ordinance." I Commissioner � further moves that C. F. No. 246478, as amended, be approved as to foim. �' A . - _ � ' ��♦ __,_.__.,_ -------------- ---., .-- �� __ .� _ — i' Original to City Clerk _ �J � � � � � aV V � �`�C) ' r _ , , __ � � '� _, . � 1� COUNCIL FILE NO PRESENTED BY �cX�L'►� ORDINANCE NO -- An ordinance anending Ordinance No, 11760, entitled;��An ordiriance granting to the �,�orthern States Fower Cor!pany, a corporation organized under the laz^rs of the State af f,�nnesota� its succ�ssors and assigns, permission to use the streets and other public property located in the City of Saint Paul for the purpose of conve�Ting and supplying. steari for a1l purposes for a term of ten (10) years from and after January 1, 1961� prescribing rates which the Grantee may charge for such service� and determining the amount which the Grantee shall pay to the City for the use and occupancy of its streets and other public propertyn�' as amended; The Council of the City of Saint Paul Does Ordain; � SECTION 1 � That Ordinance No, 11760, approved June 2I, 1560, as amended by Ordinance rlo, 13352, approved Septem.ber 29� 1966 is hereb�r �mended by de7.eting Section 3 therefrom in a.ts entirety and inserting in lieu thereof the follrnrJ-ing Section 3 : ��Sectiori 3 o On or before the first day of February� 1970, the Grantee shall pa,y into the treasury of the Cit,y of Saint paul a sum eoual to five per cent (5�) of its gross earnings during the last six months of 1�69 derived v�rithin the corporate limits of the City of Saint Paul accruing from the exercise and enjoyment of the privileges granted by this ordinance and for the use of such streets or other public property. On or before the 25th day of each nonth ccrrm�encing tivith. the 25t:� day of February, 1,��70, the Grantee shall pay into the treasury of the City of Saint paul a sum e�ual to five per cent (5�) of its gross earnings during the preceeding rr�onth derived �Tithin the corporate limits of the Cit,y oi e.,;,�� n., ,i �„ +ti... ,.....,.. :.,,. ...0 „ + ,.� +t. .,.; •� v.w.a.+. y�..�.v� vv��,ay11b +.LVata viaV. Vt>V1V.L✓li u11 �.i1�.�I�j'1111.11V VL VL1V t.111V11C.sVV granted b�t this ordinance ard for the use of sucr. streets or other pub7_ic property. �he final pa,yrnent ior the remaining term of the permission �-hereby granted shall be due and payable on or before the 25th day of Janu_ary, 19710 �Gross earnings� shall be held to mean and include all sums received k.y the Grar.tee from the sale of steam distributed and used tivit'r�in the City limits of the City of Sai nt paula�r SECTION 2 Zhe Grantee shall�erithin ten davs after the passag�9 approv�l, and publication of this ordinance, iile witn the City Clerk o� said City its written acceptance thereof in form to be approved by the Corporation Counsel� and therein shall agree to abide by, keep, and perform all the terms and conditions of this ordinance, SECTIOPI 3 � This ordinance shall take effect and be in �orce thirty days after its passage, approval andpublication� and upon its acceptance, as prcvided in Section 2 hereof o Yeas Councilmen Nays Passed by the Councii Carlson Dalglish Meredith In Favor Peterson � Sprafka Against Tedesco Mr. President (Byrne) Approved: Attest: ° � - City Clerk Mayor �O Form approved Corporation Counsel By �� 1 �T�t;_ '_k a �u .s. ��' �:'� �c, ', 'y ,�,`4w� . .. ..:.. .., . ....� .... �. .v . .. ��.F�. .w.T�.�..;. f.a '�:. . a ..�3iidii'��,''.Yr ',:•.. � .: ,. ....-...- �.. , ib r,. ., �.: . : ..:..::.. . . . .. �. .. . o,. ..., Orl�inat to C(t�Clerlc °�" ORDINA �TCE COUNCIL FILE NO � PRESENTED BY ORDINANCE NO An ordinance amending Ordinance No. 11760, entitled: "An ordi- nance granting to the Northern States Power Company, a corporation organized under the laws of the State of Minnesota, its successors and assigns, permission 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 of ten (10) years from and after Januaxy l, 1961, prescribing rates which the Grantee rr�r charge for such service, and determining the amount which the Grantee shall pay to the City for the use and occupancy of its streets and --- other public property, " as amended. , THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 That Ordinance No. 11760, approved June 21, 1960, as amended, is hereby further amended by deleting Section 3 therefrom in its entirety and inserting in l�eu thereof the following Section 3: "Section 3. On or before the first day of October of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of Saint Paul a sum equal to five per cent (5�) of its gross eaxnings during the first six months of that calendar year derived within the corporate limi�s of the City of Saint Paul, accruing from the exercise and enjo,yment of the pri- .�;3°;�s 6y°wr.�c� by �:�i� ordinance and �or the use af su:;� streets or other public property. On or before the first day of March of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of Saint Paul a sum equalto five per cent (5�) of its gross earnings during the �ast six months of the preceding calendar year derived within the corporate limits of the City of Saint Paul accruing from the exercise and en�oyment of the privileges granted by this ordinance for the use of such streets and other public property; pro- vided, however, that such payment on its gross earnings during the last six months of 1970 shall be paid into the treasury of the City of Saint Paul on or before December 30, 1970. Such payment shall be based upon a reasonable esti- mate of gross earnings for said six-month period ending December 31, 1970 and shall be appropriately ad�usted by an addit3.onal payment by Grantee or a refund by City of Saint Paul when actual g.ross earnings for said six-month period have been determined by the Granicee. 'Gross earnings' shall be held to mean and include all sums received by the Grantee from the sale of steam distributed and used within the city limits of the City of Saint Paul. 'r Yeas Councilmen Nays Passed by the Council Carlson � Dalglish Tn Favor Holland Meredith Peterson Against Tedesco ivlr. President (Byrne) Approved: Attest: City Clerk Mayor �� Form approved Corporation Counsel By •,�.�.,. __ __ _____— 'E `�v .a}X... x,�. � t` 3 i- kAfC } t�, � . 'i r y� " . ' .t� '�'.a i: �. .��# 4 �t"mx . � . . . . . . . . ... . . .- � . • � � � ��, •r� ,.,.:: - " ...:,�_. � ..��.�,,.�:::. � '•'�� ; � r.... .. , _ :...: t�.' to Clt�Clerk ORDINANCE ,/� . COUNCIL FILE NO. `� 7 � RESENTED BY ORDINANCE NO Page 2 SECTION 2 The Grantee shall, within ten days after the final passage of this ordinance by the Council, file with the City Clerk of said City its written acceptance thereof in form to be approved by the Corpo- ration Counsel, and therein shall agree to abide by, keep, and perform all the terms and conditions of this ordinance. SECTION 3 This ordinance shall take effect and be in force thirty days after its passage, approval and publication, and upon its acceptance, as provided in Section 2. Yeas Councilmen Nays Passed by the Counci' Carlson Dalglish In Favor Holland Meredith Againat Peterson Tedesco Mr. President (Byrne) Approved: — Attest: —____---- City Clerk Mayor a�,� ' Form approved Corporation Counsel By � � i v �'^ s n;; : �g 4 � � �a� �� e{. �. �` r a � - rr�' � .�+�1T=�.' S :.r-h* .a.}`.g�� :`�$�."""',�. ° ,:� 7`ar+ �", �� ij; `��,� 3. ,. . . . ., -.. r ...�. . r - .�. ;.: '. . ._ _,. ... .. _. �.., . . . . .. '�.�� . ` . � ',-�. .� .. ....,.:. ...... . . . . . �� . . . � . . � . . '.�� f `:'� ' "�t:� � .� .. -:. :.:,: ..,<. . �� ". . � ..:,.,. : �._ . .�.... . ...... . . _. y "�� .�. .�,��,.q . . �. _°r' ., � „s^:.�..� . .. 9.,�., .� . . .,,. Oddn�l to Clt�Clerk `�' ORDINANCE COUNCIL FILE NO � PRESENTED BY ORDINANCE NO An ordinance amending Ordinance No. 11760, entitled: "An ordi- nance granting to the Northern States Power Company, a corporation or�anized under the laws of the State of Minnesota, its successors and assigns, permission to use the streets and other public property located in the City of Saint Paul for the purpose of conveying and supplying steam foz� all purposes for a term of ten (10) years from and after January l, 1961, prescrib3ng rates which the Grantee r,�r charge for such service, and determining the amount which the Grantee shall pay to the City for the use and occupancy of its streets and -- other public property, " as amended. , THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 That Ordinance No. 11760, approved June 21, 1g60, as amended, is hereby further amended by deleting Section 3 therefrom in its entirety and inserting in lieu thereof the following Section 3: "Section 3. On or before the first day of Oc�ober of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of Saint Pau1 a sum equal to five per cent (5�) of its gross earnings during �he first six months of that calendar year derived within the corporate limi�s of the City of Saint Paul, accruing from the exerc3se and en7oyment of the pri- :,i, °d°w �y,^^'-�� h� tr��s ordinancE ar.d °or� tri� us� �� su�� K31V�r�A. streets or other public property. On or before the first day of March of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of Saint Pau1 a sum equalto five per cent (5�) of its gross earnings during the last six months of the preceding calendar year derived within the corpora�e limits of the City of Saint Paul accruing from the exercise and en�oyment of the privileges granted by this ordinance for the use of such streets and other public property; pro- vided, however, that such payment on its gross earnings during the last six months of 1970 shall be paid into the treasury of the City of Saint Paul on or before December 30, 1970. Such payment shall be based upon a reasonable esti- mate of gross earnings for said six-month period ending December 31, 1970 and shall be appropriately ad�usted by an additional payment by Grantee or a refund by City of Saint Pau1 when actual �ross earnings for said six-month period have been determined by the Grantee. 'Gross earnings' shall be held to mean and include all sums received by the Grantee from the sale of steam distributed and used within the city limits of the City of Saint Paul, " I'Qas Yeas Councilmen Nays Passed by the Council C�uncilm, , Carlson Carlson Dalglish Holland In Favor ��jaln�h Meredith Against Peterson p ters4nh Tedesco �•edes�o Mr. President (Byrne) Approved: Mr. Presipent �� Attest: Att�st; _-�� City Clerk Mayor .�� City C� �� Form approved Corporation Counsel By F�rm appn __, ___._ - unsel B y MaYor � �- ' � . ' �( ry (U � �O � � Commissioner ' ` �. �✓-�_ moves that C. F. No� 246478 be amended � as follows: by atriking f� the propo'sed-ordinance Section 1 in its entirety and subatituting in lieu thereof the following Section l: "Section 1 - That Ordif�ance Na. 11760, approved June 21, 1960, aa amended, i.s. her�by further amended by deleling Section 3 therefrom in its entixe�y attd ias��t#ng in lieu �j. th�reo� �he fo��,o�ri,i►g �ectioa 3: . ' , . , Section 3. Ow,o�G��f4r� Che fir�t day a� Qctober., of sac� year , � durircg t�ta .r�i►t�aiag �+etcm o� �he� permis�ionz„hereby 'grantrd. tbe 6rantee sh$l.l;��Z �in�o the ;tresa�y of the Ci�p of Sain� P_aµ'�, ;a awq equsl,;:to �ivi? pex �nt (�X)� c�f �.,� ;grass earai�iga,�dt�ring thg . � .first six� �ths of th�tt� Ga:leadat+��teai.det�i;vtd_within the,�orR,px.at� l�uits�, of th� Ci�q, of �iai�nt Pa�►��,accxu�ing from the exerc�$`e aad ' � en�o�; .qf ''��te �pr�v3k�e� gtaa�ed by thia ordinance �eqad �for �the � us�e 'df su�fi sC:�e�ats< �r At�,p�ili�fi property. Oa or before`the first day`'� �ta,t�' �� f�c.h.yaa�,du�iag ��e �teis�ining term of the permiasion � herabr grst►t�d, e�h* Ct�ratee il�atl p�y i�ta the treaa�ry of th� City of • Saiax-Pi�` �' sun 'equdl' te �five � .c;ent �5X) o� tta grass e;�tra�ags i during tha last gix .mo�th�-.qf Ch� �preceding_calend'ar �sa'r der�vad " � ` withi� the,;corpo�dt��;,11,uite. of t��e�,Gi�ty�. a�f Safnt- Paul secr�iing Exom I the exireist� a�,d 1�e�afoyaNea�. oaf`,��e p�i:v�� gr�nted by .tt��; ordi.aance � : for., Ch1e us.+�'Y��.,a�kCh streets .a�¢ dtliet,pyb��c prflperty:; provi�ed,. � t�cnrever, ;;ch�:�iu�¢h gay�weuC oai;��a�`°�rda�a'<asr�3,ags"',during the �;�t.sf�c '� �onthal ai� 19'�0,. �ita21. bs;�„pa#d' �a�ci ti�,et t�r�e�,ii��i�+y of the (5�i�y o!`-S`�►int Paul � on or �r�F��Di�c�u�iber �0, 197Q. �.Sucfi�peymeat ahall b.e batred.�upon a,_ res�onab��e �sti�Es.of; groas eai�#�aii�°f�c g,tid six-�anth•�p�9t�o¢ 'ending '� Decrber 31x ,197� and ��all �e ��d�riata�,y 'ad�.ust�d by a�-addi�ional ; Paymelrt by Giutta� or, � reftttld b�;;!�� af'`5a3�Ct.,Paul -wi��n act�val gross � dami,nga #it�r siid_six�-maath �s'x'1�+f�'>�ve�.�;��t,.��e�ersined bp �he Grantee. 'Gross earnS�t�t'�` sh�l be ��d �uw�i `and iti�k�ida, a�,��:��s.received •by the:G��[�ea� ��s 'the �t3� +a�� s-�i#�sd amd,used�vithin the �ci�y �imi[!`�trf' tbe Cit}r� of`��iin a�u�€�".;�� :, - ` i . r,� +� �, � 13 i' r, . � '_ � � ' ,• . � . .:i a!yc.: ' ' . � �,�. " . ,'_� . �.a• � I ' � . ; ..� � .'� . ,,,4' _ .. . .• . , .. � ...� � :. . '':. ,..s y'�! �"� .e .�.: .. ., � � and by ch*ag�.i� �itc•t3,�oa: 2 by,�at�c��i�l�' ��e si�C��e��in�iCS �E3r�L'�y` ae�d substituting i " ° ' � s ; , �., t,�j . � in lieu tbereof �the followiag Sec•�1on �'�`i-' . � i ��SECTIQPI�� , . . , , _ ,. � The Grantea sha11, "W�.�htn ten days �a��+ei�:.the �fiqal �issage of this ordinance by � the Couacil, 'fil� with the City, Gl��C o� sa�� ty it8 F�rri't�ea. acceptaace thereof ' in form to be approv¢d by, the Co'rpo��q� Go�si,,�et��there;in ah�il agree to ' abide by, kaep, aad pe�form.all the' �e� �d condtC,'�ot�ir �d€ "tbis �rdinance." � r : � �Y._ ' � , f � .; ' . `� Commissioner - ' � ftcr[tie� moves that C. F. No. 246478, as amended, � be approved as to fo . - ;' , ;. t. Oriainal to City Clerk � � � ,�ORDINANCE . ��:��: � . �:,, ,,� ,, �; �� 24fi4'7� ; , COUNCIL FILE NO ., PRESENTED BY � ` -� ORDINANCE NO An ordinance ame ding Ordinance No. 11760, entitled:��An ordinance granting to the�l�Torthern States Pavrer Compar�y, a corporation orgar�ized under the laws of the St�te of D�.nnesota� its suceessors and assigns, permission to use the streets and other public property located in the City of Saint Paul for the purpose of conve�ring` and supplying steam for all purposes for a term of ten (10) years from and after'Vanuary 1, 1961� prescribing rates which the Grantee ma,y charge for such service� an determining the amount w��ich the Grantee sha11 p�,y to the City for the use and o cupancy of its streets and other public praperty.�� as amended; The Council of th Citg of Saint Paul Does Ordain: SECTION 1 That O�dinance No. 11 60, approved June 21� 1960, as amended by prdinance No. 13352, approved September 29� 966 is hereby amended by deleting Section 3 therefram in its entirety and inserti in lieu thereof the follawing Section 3: �'Section 3. On o before the first day of February� 1970, the Grantee shall p�y into th treasury of the City of Saint Paul a sum equal to five per cent (5� of its gross earnings during the last six months of 1969 derived vvi.thi the corporate limits of the City of Saint Paul accrui.ng from the ercise and enjoyment of the privileges granted by this ordinance and for the e of such streets or other publ3c property. � or before the 25th day of eac month coirmiencing vrith the 25th day of February, 1970, the Grantee shall �y into the treasury of the City of Saint Paul a sum equal to five per cent (5�) of its gross earnings during the preceeding month derived within the corporate limits of the City of . Saint Paul accruing from the exercis and enjp�ment of the privileges granted b� this ordinance and�for the se of such streets or other public propert�r. qhe final pa,ymerit for he remaining term of the permission hereby granted shall be due and payable or before the 25th day of Jarnzary� 1971. �Gross earnings� shall be ld to mean and include all sums received .b3r the Grantee from the sale f steam distributed and used within the City limits of the City of Saint ul,r� SECTION 2 The Grantee shall,within ten days after the pass�ge, a proval,, and publication _Qf_this or�1,�•°°— 's' " '� � " `-- °�rk of said Ci its written acceptance - ^�unse and therein shall � 'tions of t,his ` i —_ . � AfN COd��II ��Ty o THOMAS J.STEARNS 223-5121 �,w '�y JON R.DUCKSTAD � x ARTHUR M. NELSON � ��„ � JEROME J.SE6AL - � THOMAS M.MOONEY Y'" �c KENNETH J. FITZPATRICK DANIEL A. KLAS PAUL F.McCLOSKEY,JR. First Auisfenf CITY OF SAINT PAUL ROSCOiT DAVIE$ RI6HT PAUL J.KELLY PIERRE N. RE6NIER SpeeialAssistan4 LEGAL DEPARTMENT 316 City Hall. St. Paal� Minnesoia 55102 ROBERT .E. O'C�ONNELL Corporetion Counsel December g, 1g6g Mr. Harry E. Marshall City Clerk City of Saint Paul Dear Sir: This is to acknowledge receipt of your transmittal of December 2, 196g consisting of three ordinances designed to amend the basic permit ordinances adopted June 21, 1g6o whereunder Northern States Power Company is authorized as a utility to supply gas , steam and electric energy to customers within the City of Saint Paul . I have reviewed the aforementioned amendatory ordinances as well as the legal question submitted to our office relative to such ordinances , namely, can the City Council of the City of Saint Paul unilaterally amend such permit ordinances to provide for acceleration of gross earnings payments with- out the acceptance or acquiescence of the company in such ordinance changes . Please be advised that I shall make a report with respect to the three ordinances and with respect to the question asked of our office at the Council meeting on December 10th. I am returning herewith the aforesaid amendatory ordinances , Council File Nos . 246478, 24647g and 246480. Yours very truly, :- , , / ,,, J '� G�� —� Rob t E.�Conne 1� < Corporat ion Counse�h �-� -�r— ;.r� -n REO:bl �_�:� �F�; r- r"�� rn '�'� Gl � Enc . �� _ ;--�, -- � �; rn �� risp N O R T H E R N S T A T E S P O W E R C O M P A N Y SAINT PAUL, MINNESOTA 55102 December 3, 1969 Mr. Harry Marshall City Cle rk City Hall and Court House Saint Paul, Minne s ota 5 510 2 Dear Mr, Marshall: It is my understanding that Council File No. 246478, 246479 and 246480 had its first reading December 2, 19b9. Would you please advise me when the second reading of this ordinance is to take place. Thank you. Very truly ours, D. D. utte rwick Assistant Manager 221-4388 � . . . •. . ' I w - , ', I I Comm. Dalglish moved that the Utilities Comunittee recommend to the Council on Thursday, December llth, that the proposed ordinancea be immediately � transmitted to Northern States Power Company to see if they will agree to the terms of the ordinances and give the City an almost immediate answer. Comm. Peterson seconded the motion, and it was unanimously carr�.ed. � , : , ��1,� .� . . . �- .� Nsr� N O R T H E R N 5 T A T E 5 P O W E R C O M P A N Y 414 NICOLLET MALL MINNEAPOLIS, MINNESOTA 55401 LAW DEPARTMENT DeCE3MYJGY' �.2� 19b9 TELEPHONE 330-6600 �ONALD E.NELSON AREA CODE B12 VICE PRESIDENT AND GENERAL COUNSEL . ARTHUR R.RENqU18T ARLAND D.BRUSVEN GENE R.BOMMERS RALPH S.TOWLER �AVI� G.MCGANNON JOSEPH �.BIZZANO.JR. ATTORNEYS �1Y: f Y . � . .. ,;': ;` � ��6� Mr. Robert E. 4'Connell � Corporation Counsel �;��i�._;,� ` ` City of Saint Paul City Hall Saint Paul, Minnesota Dear Mr. 0'Connell: We have received your letter requesting an early statement as to NSP' s position concerning the proposed ordi- nances amending the steam, gas, and electric permit ordina.nces under w�ieh Company operates in Saint Paul so as to require that groas earnings payrnents be made by NSP monthly during the year 1970. In order to reveal pror�ptly our thinking on this matter, I wish to advise you that I am recommending that the Company accept the aubstance of �he proposed ordinances, but under a more compatible payment procedure. The amendments propose changes which are broader and more onerous than necessary to accomplish the ob�ective. NSP could pay an even greater amount af additional gross earnings fees in 1970 in order to assist the City in solving its 1970 financial problems without establishing the new pro- cedure of monthly payments included in the proposed amend- ments. The question of establishing manthly gross earnings payments should not be considered until next year when new ten-year permits are ne�otiated and when other procedures relating to Company' s utility operations are also determined. If the Council desires at this time to enter into an agreement providing for monthly gross earnings payments, there should also then be determined at this time new understandings con- cerning future regulatory procedures to be followed by the Council. I refer to such matters as the avoidance of unreason- able delays in rate praceedings, the employment by the City of full tir�e utility experts, and meaningful criteria for deter- mina.tion of a reasonable rate of return an the value of utility properties used in Saint Paul. � � A . � • ' ,+� Mr. Robert E. 0 'Connell -2- December 12, 196g I am advising NSP management that even a greater amount of additional gross earnings fees could be paid to the City in 1970 without affec'cing procedures under existing permits and �th minimum adverse impact on NSP without adopting the mon'chly payment procedures contained in the proposed amendments . In lieu of the proposed ordinances, I am recommending that the Company accept the followinglanguage in Section 3 of each of the permit ordinances: "On or before the first day of October of each year during the remaining term of the permission hereby granted, the Grantee shall pay into the treasury of the City of Saint Paul a sum equal to five per cent ( 5/) of its gross earnings during the first six months of that calendar year derived within the corporate limits of the City of Saint Paul, accru- ing from the exercise and enjoyment of the privileges granted by this ordinance and for the use of such streets or other public property. On or before the first day of March of each year during the remaining term of the permission hereby granted, 'che Grantee shall pay into the treasury of the City of Saint Paul a sum equal to five per cent ( 5/) of its gross earn- ings during the last six months of the preceding calendar year derived within the corporate limits of the City of Saint Paul accruing from the exercise and enjoyment of the privileges granted by this ordinance for the use of such s'�eets and other public property; provided, however, that such payment on its gross earnings during the last six months of 1970 shall be paid into the treasury of the City of Saint Paul on or before December 30, 1970. Such payment shall be based upon a reasonable estimate of gross earnings for said six-month period ending December 31, 1970 and shall be appropriately adjusted by an additional payment by Grantee or a refund by City of Saint Paul when actual gross earnings for said six-month period have been determined by the Grantee . 'Gross earnings ' . shall be held to mean and include all sums received by the Grantee f'rom the sale of (electricity or elec- trical energy) (steam) (gas) distributed and used within the city limits of the City of Saint Paul . " Under this language, the City would receive in 1970 gross earn- ings payments on 18 months ' of' revenues rather than on 17 months ' of revenues under the present proposed amendments . Recognizing that the City has a time problem, I shall be available to meet with you at your convenience in order to reach a mutually satisfactory arrangement . Very truly yours, ARR: js . R. RENQUI Comm. Dalglish moved that the Utilities Committea recamnend to the Council on Thuraday, December llth, that the proposed ordinanc�d be immediately transmitted to Northern States Power Coapany to see if they will agree to the terms of the ordinances and give the City an al�st im0nediate answer. Comm. Peterson seconded the motion, and it was unanimously carried. Ii I Comm. Dalglish moved that the Utilities Committee recommend to the Council on Thursday, December llth, that the proposed ordinancea be immediately transmitted to Northern States Power Company to see if they will agree to � the terms of the ordinances and give the City an almost immediate answer. Comm. Peterson seconded the motion, and it was unanimously carr�ed. � _ -�-_ � _. --•._.. � December 23, 1969 Ja�nes J. Dalglish Commissioner of Finance I vote for the resolution with great reluctance, recognizing that my own strong personal feelings must be relegated to the background if essential services such as police and fire and other equally important ones are to be saved, It should be pointed out that the speed-up in payments are not a cure-all fq�z tt�is city's financial ills, and that this is not a gift from the power com- pany--it is a bookkeeping change giving the people money that is rightfully theirs. Even if the money is in hand, we still will lack funds to cover all the services required by the people. I feel that the citizens may have the mistaken idea that the NSP speed-up payments will end the city's fiscal plight, and this mistaken impression must be erased. And even beyond that, the payment change does not offer any long-term solution. Our governmental revenue system needs a complete overhaul, not this constant tinkering and tampering that is designed to push the problem into a dark corner in the hopes it will disappear. It will not do so, and it must be faced. I feel that it is regrettable that the city council has been forced into this position by the total lack of action and apparent unconcern by the powers in control of our state government. The people in this city, and every other municipality in Minnesota, should remember that it is within the power of our legislature to end the financial impotence of the cities. Action could have been taken during the 1969 session, but the past is gone--the future is our only hope. Minnesota must have a state policy which will resolve this muni-- cipal crisis: Such a policy must be instituted before it is too late--there is littl.e time left. And at this time, I also want to serve notice that in any negotiations f.or the next franchise, if I am involved in them, I plan to insist on monthly payments by the power company, l, ' C�TY O 06 R'➢ h yi s, ' — .xa 0 < "=�=-�� ,�e K �e �.. OFFICE OF THE MAYOR CITY OF SAINT PAUL EXECUTIVE DEPARTMENT Thomas R. Byrne December 26 , 1969 Mayor To the Honorable Members of the City Council City of Saint Paul , Minnesota Gentlemen: On November 24th I sent to you a veto message concerning Council File No. 246381. I now have been put in such a position that I must write my second veto message concerning the same matter. I believe this fact in itself is indicative of the real crux of the problem facing us . Since November 24th there has been much said and written about the entire Northern States Power affair , but no one has really answered the questions put forward as the basis for my veto. •As a matter of fact , I call to your attention the reaction of - Northern States Power to this ordinance in the form as first introduced. Their demands for amendments in the sections -pertaining to the monthly payment of the gross earnings tax proves the validity of my position beyond question. For these reasons I incorporate my first veto message into this one as an .integral part. I have attached that message to this one for your referenee . Now we have a proposal before us that is even more of a travesty on the bargaining process this council is working through with Northern States Power. Negotiation and compromise should take place in a bargaining session which the two parties approach � with equal footing. Up to this point , we have been moving to put ourselves at a disadvantage in the matter of the rate cases presently before us . These ordinances before us now go one step further. These ordinances give away all the bargaining power we have as we. approach the new permit that we must negotiate with Northern States Power beginning July l, 1970 . By simply a Members of the City Council Page 2 December 26 , 1969 threatening not to sign any permit , and thus , not to make any payment of the gross earnings tax in 1971 at all , Northern Sta�es Power would be able to dictate all the terms of a new ten year permit. I refuse to insult the intelligence of the people who elected me. I cannot compromise the people 's position either in the rate- increase hearing, or in the permit negotiations by acting in panic or strictly from expediency. I know this money belongs to the people -- certainly it is not a tax on Northern States Power. I know that Northern States Power does not have a right to hold the money except under provisions in our Charter -- which works in this case to the advantage of a vested interest. This money was paid by the people and belongs to them -- how ironic that the people 's position is being undermined by their own money. I ask each of you to reconsider all the factors very seriously. Let your vote this morning be a new start. By utilizing the revenues available from the projected hotel-motel tax and the .unencumbered balances we can assure all essential employees that there will be no layoff. By working with the Charter Commission �to make the real estate funds available , we can assure ourselves and the people of Saint Paul that the 1970 budget shall provide all essential services for the entire year. There is no compelling reason urging the passage of this ordinance. , There are many compelling considerations that cry out for this veto. I have therefore vetoed Council File Nos . 246478 , 246479 , 246480 . Sincerely , � THOMAS R. BYRNE Mayor TRB/jr � ^ � ' . C1T�� fi,�. �� '1 i a H '�_...{�.:� ^3 o ��.' ,;,:&=� d� nc OFFICE OF THE MAYOR CITY O�' SAIN� 1'AUI� EXECUTIVE DEPARTMENT Thomas e. Byrne December 26 , 1969 Mayor To the Honorable Members of the City Council Gity of Saint Paul , Minnesota Gentlemen : On November 24th I sent to you a veto message concerning Council File I�1o. 246381. I now have been put in such a position that I must write my second veto message concerning the same matter. I believe this .fact in itself is indicafiive of the real crux of the problem facing us . Since Idovember 24th there has been much said and written about the entire P�lorthern States Power affair , but no one has really answered the questions put forward as the basis for my veto. As a matter of fact , I call to your attention the reaction of Northern States Power to this ordinance in the form as first introduced. Their demands for amendments in the sections pertaining to the monthly payment of the gross earnings tax proves the validity of my position beyond question. For these reasons I incorporate my first veto message into this one as an integral. part . I have attached that message to this one for your reference . Now we have a proposal before us that is even more of a travesty on the bargaining process this council is working through with Northern States Power. Negotiation and compromise should take place in a bargaining session which the two parties approach with equal footing. Up to this point , we have been moving to put ourselves at a disadvantage in the matter of the rate cases presently before us . These ordinances before us now go one step further. These ordinances give away all the bargaining power we have as we approach the new permit that we must negotiate with Northern States Power beginning July 1 , 1970 . By simply ��O � . , ,�► , .� " � P�Iembers of the City Council Page 2 Dec�mber 26 , 1969 threatening not to sign any permit , and thus , not to make any payment of the gross earnings tax in 1971 at all , Northern States Power would be able to dictate all the terms of a new ten year permit . I refuse to insult the intelligence of the people who elected me . I cannot compromise the people ' s position either in the rate- increase hearing , or in the permit negotiations by acting in panic or strictly from expediency . I know this money belongs to the people -- certainly it is not a tax on Northern States Power. I know that Northern States Power daes not h�ve a right to hold the money except under provisions in our Charter -- which works in this case to the advantage of a vested interest. This money was paid by the people and belongs to them -- how ironic that the people 's position is being undermined by their own money . I ask each of you to reconsider all the factors very seriously . Let your vote this morning be a new start. By utilizing the t'CVC11LLc� dVd11G11�1C ll'Ulll Z�''(' �I�01�(��E'_Q Il0'tP_1.-1TIC7't'P. I 7"r'�X .�11(j 'fi'Y1P unencumbered balances we can assure all essential employees that there will be no layoff. By working with the Charter Commission to make the real estate funds available , we can assure ourselves and the people of Saint Paul that the 1970 bud�;et shall provide all essential services for the entire year. There is no compelling reason urging the passage of this ardinance . There are many compelling considerations that cry out for this veto. I have therefore vetoed Council File Nos . 246478 , 246479 , 246480 . Sincerely , � �� THOMAS R. BYP.NE Mayor TRB/jr Dec. 26, 1969 �Zr. J. F. Owe ns, Jr., Vice President and General Maxlager 1Vorthern S�ates Pawer Co., Fifth and Wabasha Sts., St. Pau1, bti.r�n. 55�Q1• Dear Sir; Enel.o��d ar f t e Ordinances, C. F. 2�+6478, 2464�'Q and $0, ame n� nanees 11760, 11761 and 11762 �r in.� Northe Sta.tes Power Compar�y permits to supp7_y am., �ras t�.n lectricity with3.n �he City of Saint Pa.ul ieh were r onsidered an� approved by the City Council ay notw standif� th� A?�,,yar's veto. e call your specific attention to Section 2 of the dinances w ch at.ate the�t the grantee shall, within ten da a#�ter fin� ssage by the Couneil, file with the City C k a writte cc$ptance in 8 form to t� approved by th� Co �tion Co el. We e�t the�t you file a separate acceptana+� for each ordinance. Very truly yours, City Clerk AQ�hp � G � � l � � � oFC a 3 fsss �u►r� � =:� .�ao �. � . � �� December 23, 1969 � Hon. Thomas R. Byrnc Mayor Building Dear Sir: Attached fbr your appraval ar� c nces ralating to Northern Statee Power Co., Counc Noe 6�?8, 2b6�+79 anc� 246480. Very tru]„y yours, �---� City Clerk AO/ng Dec�mber 11, 1q69 Mr. Robert E. 0'Connell Corporation Coungel Buildin� DeAr Sir: At today's Council. meeting Ctxnm er Sprafka read the attached r�solution a the lic Ut3.lities Committee, recoznmendin� that t ropose rth States Power C�. permit ordinances be trans tted to No ern ates Power Co. to see if they wi11 agree wi the term� the ordinances. Commias3onsr Dulgli sug�este hat you write a 7_�tter to Northern S owe tting this information and barrd-del i�t to them. Very tru].y yours, City C1erk AO/ng Dec. 10, ].g6g � i--w� `, Hon. Robert F. Sprafka, ` Commissioner c�f �ublic Utilities. ��`- ,�---.,w �..�� Dear Sir: ��;�.�~�1 • � , .� , The City Cauncil re1'erred�t�fi the Pt,t c Utilities Committee the three attached orditaa�e�. C, r�:,��+6�+78 - 246479 and 2�+6480amending the PJorthern State��`� r'Permit Ordinances. �'-`�. //..__ , . /; tr yours, � City C�.erk AO�hp /�_--.� ,�� t�� . i � / �:. ,>> ;�...____�..- �...�.._._..,..��- Dec. 12, 1969 xon. RQbert F. S�rec£ka, � -�.�� \ Comm3ssioner oi' Publie Utilities. ��\\� � �u vear Sir: �� ` � 1. The City Council taday r�ed to Public Utilities Conmittee the letter of A. R. Renq t, att, � for IVorthern States Pow*er, dated December 12, 1q�9, in r t�bb�he City's reguest for �, review of the pending Permit Qrdinan e ffectir� Northern Sta�ces Power. /�----;\ ��/ / e trti7.y yours, �-....__._�--� /�_._v � ___.-/� City Clerk AO�hp � % ,,,� ti..,�__._.��; December 2, 19h9 ,----..._....�.....r. � �---_._---__ '� ��. \ `• �. `-ir. Rober't Z. 0 Gc�nnell �--�, �� j ,_�.___. .� Corporati.on Counsel �r % � ,� �3uilding /' � 1 / Dea�• Sir: `�•.�� ,. r ,`.,��j,s..f 'j'he attached thre� ardinances, Co�n�3'1 �ile N�s. 21+647�, ?_�+6�+79 anc� ?_�+6�+80 (Northern � �.t-es---�? er O.rc?inan ces)�are for�a�rd�d ta y�ur of�ice fo.r � %ly and r rt��er su��;estion of the City Council this mornir�;. Said ord nces had their First Readin{; on ]aecember ?, 1�69. ' �� VPx• t.rul ours \� / Y Y Y , �---� \.,`_"_ � / �_.__"..�,� �-----�' City Clerk r��n� /� `�•,,..�--- �,� l .� � I st• J .� .,��.- -, �- � 2nd �Z t Laid over fs- ��/ 3rd and app �� ___Adopted ��, � � Yeas Nays Yeas Nays Carlson �arlson Dalglish Dalglish Meredi+h ,�/� ,� �vleredith �� \ � Peterson `Itetenon � ' � � Sprafka � �prafka Tedesco �Tedesco Mr. Presidenf Byrne Mr. President Byr O