197198ORIGINAL TO CITY CLERK
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
_, �OUN,CIL RESOLUTION — GENERAL FORM
PRESEATED COMMISSIONER 81'
DATE
1-97198
COUNCIL NO.
FILE
RESOLVED, by the Council of the City of Saint Paul that
said Council hereby entirely disapproves the proposed revision
of Section 7 of the General Rules and Regulations affecting
the operations of Northern States Power Company, filed by said
Company in the office of the City Clerk and in the office of
the Commissioner of Public Utilities on April 28, 1960, pursuant
to Ordinance No. 9314, as amended.
Council File No. 197198 —By Severin,A`
Mortinson-
Resolved, By the Council of the City,,
of Saint Paul that said Council, hereby I
entirely disapproves the proposed re- R_
vision of Section 7 of the General Rules
and Regulations affecting the operations
of Northern States Power Company,
filed by said Company in the office of 1
the City Clerk and in the office of the
Commissioner of Public Utilities on ;
April 28, 1960, pursuant to Ordinance
No. 9314, as amended.
Adopted by the Council May 18, 1660.
Approved May 18, 1960.
(May 21, 1960
COUNCILMEN
Yeas Nays
De %efty—,
Holland
Mortinson
e erson n Favor
R-naan
Winkel b Against
Mr. President, Dillon
6M 7-69 QD.8
MAY 181960
Adopted by the Council 19
MAY 1810
r
u LAW OFFICES OF
BOUTHILET, DAUBNEY & SWENSON
1100 PIONEER BUILDING
ST. PAUL 1, MINNESOTA
JOHN G.SOUTHILET
JOHN E.DAUBNEY
CARL A.SWEN50N
.TO The Honorable, The City Council
City of St. Paul, Minnesota
Gentlemen and Madam:
May 18, 1960
The undersigned, as attorney for the St. Paul Building Owners and
Managers Association, respectfully requests your Honorable Body to disapprove the
proposed revision of Section 7 of the General Rules and Regulations as filed in the
office of the City Clerk on April 28., 1960 by the Northern States Power Company pursuant
to Ordinance No..9314, as amended. This ordinance is the electric franchise ordinance
to the Northern States Power Company and also permits the City Council to control the
rates established for the sale of electricity. In addition to the proposed amendment to
Section 7 of the Rules and Regulations, an ordinance change has also been proposed to
the City Council being Council File 1969+5 and introduced May 3, 1960, creating a new
ten (10) year franchise to N6rthe States Power Company and'making important changes in
the Council's rate making powers . electric energy.
The proposed change in Section 7 of the General Rules and Regulations
would take away from all of the major office buildings in the City of St. Paul their
long established right to purchase electricity at the so- called large Commercial Rate
and re- metering to their building tenants through their own electric lines and meters.
Hundreds of thousands of dollars have been invested in the electrical systems of these
buildings in reliance upon this provision and all of this investment will be lost if
this amendment is permitted to become law. By a peculiar provision in the ordinance,
this amendment will become effective unless the Council shall be resolution disapprove
the proposed change; this provision is set forth in Section 4 of Ordinance 931+, as
amended. The change will take effect May 28, 1960 unless action is taken by the Council
before that date. By reason of present and prospective absence from the City of Council .
n,iembers due to illness and business reasons, it is requested that immediate action be
taken. It would not be necessary to decide this question on its merits at this time,
but rather the council could deliberate on the whole question when the proposed ordinance
change is discussed and acted on by the City Council.
It is further called to the attention of the Council that there is a
substanital questions as to the legal validity.of the pooposed change by reason of the
fact that Section 4 of Ordinance 931+, as amended, specifically provides that the Power
Company, "may revise any existing rate schedule or establish other rates, providing such
rates shall be reasonable and no existing customer will be adversely affected thereby."
Clearly this would be the establishing of a new rate for those customers
presently purchasing electrical energy at the Large Commercial Rate and then re- metering,
as this right would be taken away from them under the proposed change.
Inasmuch as the existing franchise ordinance remains in effect until
January 1, 1961, there is no need on the part of the Power Company for hasty action.
It is not the intention of the undersigned to seek to present the case of his clients
on its merits in the absence of representatives of the Power Company, but I would again
C all to the attention of the Council that rate making changes will take effect without
a fLublic hearing or vote of the Council unless you disapprove the pxaposed amendment to
The City Council 2 May 18, 1960
Section 7 of the General Rules and Regulations as filed by Northern States Power Company
on April 28, 1960.
JED:cd
1
Respectfully submitted,
By UW
/john E. Da ney
Attorney for St. Paul Building
n u agers Association /
W
PETITION
TO THE COUNCIL OF THE CITY OF ST. PAUL:-
Your petitioners, Highland Center, Inc., (hereinafter
called "Highland ") and Phalen Center Company (hereinafter
called "Phalen "), both Minnesota corporations, respectfully
represent to the - Council of the City of St. Paul as follows:
1. Highland is and for more than fifteen years last
past has been the owner of Block Six-(6) Otto's Addition in the
City of St. Paul, Minnesota, -which property is numbered 2012 to
2056 Ford Parkway, St. Paul, Minnesota. Said property is
improved ,by a single commercial building used as a shopping
center. Said building is-approximately 500,feet long and
approximately 100 feet wide. It is divided into rental units
occupied by tenants of petitioner. The building has a central
heating system and a central air conditioning system, and one
parking lot used in common by all tenants. Petitioner's in-
vestment in said property is in excess of $2,000,000.
2. Phalen is the owner of a tract of land in the
vicinity of East Magnolia Street and Prosperity Avenue, upon
which it is constructing a single commercial building to be `
used as a shopping center. Said building -when completed -will be
approximately 850 feet long and 140 feet wide.- -It will:be,divided
into rental units occupied by tenants of Phalen. The building
will have a central heating system and air conditioning system
and one parking lot used in common by all tenants.
3. Northern States Power Company (hereinafter called
"the Utility ") is a Minnesota corporation and is a public utility
engaged in the business, among other things, of furnishing-
electricity and electric power to private and public consumers in
the City of St. Paul.
As such public utility, it is subject to
e