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HomeMy WebLinkAboutCity Council Resolution 1963-013S83MUTIOk L1=19 REMUTIOH t aIVINU W.iUIRkWS1V3 OF BUIWIVDIQN Q'A')ivAHC6 VTUA" OF PLYMOUTK Be It Resolved by the ViliUo Comwil of Pl.Tatauths That tke raquirawats of the Ordinance of the Village of Plymouth passed an Jug 161 1959 and fil ao August 7, 1159, in Book gag of VAacellansous Ramrds, Pate 55, Register of Deeds, Hennepin County, tknnesota, rLUUM to oonvayanoo of parcels of lwW less than tato and one-half (2j) acres is area, are hereby waived as to tno follow described Landes Imt Four (4), Blook One (2), 9ohiober's Addition, according to the resp or plat thereof on file or of record in this Office of the Register of Doode, Howie - pin County, Minnesota. Attests` V e Clerk VI7tAUr ODUWIL OP All; IaLL UA OF PLYMtIUTH I, H. T. Johnson, being the dml r appolAod Clark •i of the Vi1Lge of Plymouth, hereby asrtify that the above Resolution Is a true mad car. i oW of a 1ewAutioe duly adapted by the Village Commoil of Plymouth ori the 9th dsq of March, 1963. village 1DUrk, Village o iy oA* VILLAGE OF PLYMOUTH NO. 63-13 RESOLUTION AUTHORIZING EXECUTION OF "JOINT AND COOPERATIVE AGREEISNT" PROVIDING FOR CREATION OF SUBURBAN RATE AUTHORITY WHEREAS, the Village Counail of the Village of Plymouth, Hennepin County, Minnesota, has on this date adopted an ordinance granting a franchise to the Minneapolis Gas Company, commonly referred to as the "Uniform Suburban Franchise for Minneapolis Gas Company", and WHEREAS, such franchise contemplates the creation of a Suburban Rate Authority by communities within the defined suburban zone which adopt such franchise, and WHEREAS, this Council has been presented with a Joint and Cooperative Agreement designed to provide for such a Sub- urban Rate Authority; NOW THERBFORE, BE IT RESOLVED by the Village Council of the Village of Plymouth, Minnesota, as follows: 1. It is hereby determined to be necessary and ex- pedient to the public health, safety, convenience, prosperity and general welfare for the Village of Plymouth to enter into the proposed "Joint and Cooperative Agreement", a copy of which is attached to the minutes of this meeting, pro- viding for a Suburban Rate Authority to administer the pro- visions of the Uniform Suburban Franchise for Minneapolis Gas Company. 2. The mayor and clerk are hereby authorized and directed to execute such agreement for and on behalf of the Village of Plymouth, and to transmit an executed copy thereof to the Village Manager of the Village of Ricbfield, together with a certified copy of this resolution" 3. The person who is hereby designated to serve as the first representative of the Village of Plymouth on the Board of Directors of the Suburban Rate Authority is Sheldon Tart, whose address is 11013 County Road 6, Mple. 27, Minn. STATE OF MINNESOTA ) OOUH'fl ')F HENNEPIN ; SS. VILLAGE OF PLTXWTH) I'the undersigned, being the duly qualified and acting Clerk of the Village of Plymouth, Minnesota, hereby certify 1. that the attached and fbregoing resolution entitled "Resolution Authorising Execution of 'Joint and Cooperative Agreement' Pro- viding for Creation of SubmiNm Rate Authority"" is a true and correct copy of a resolation duly adopted by the Village Council of the Village of Plymouth at its meeting on February 26, 1943" as such resolution is recorded in the minutes of said meeting on file and of record in 4 office. Dated a February 28, 1943. _ o go Clark rvillage of Plymouth (village ,seal) .0 JOINT AND COOPERATIVE AGREEMENT 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 PURPOSE The general purpose of this agreement is to provide an organ- ization to enforce the rate provisions of franchises which the par- ties to this agreement have granted to the Minneapolis Gas Company. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Authority" means a gas rate regulatory authority created pursuant to this agreement, and contemplated in the standard suburban franchises granted to the Minneapolis Gas Company by the parties to this agreement. Subd. 2. "Board" means the Board of Directors of the authority, consisting of one director from each governmental unit which is a member of the authority. Subd. 3. "Council" means the governing body of the govern- mental unit. Subd. 4. "Gas Company" means the Minneapolis Gas Company. Subd. 5. "Member" means a governmental unit which enters into this agreement. Subd. 6. "Governmental Unit" means any city, village or town. Subd. 7. "Rate Engineer' aneans a person designated by the Board to act on behalf of the authority and its members to alter, amend or revise the rates of the gas company as provided in such standard suburban franchises, for gas sold in member governmental units. He shall be an engineer, auditor or accountant qualified and experiencedin public utility regulatory matters. III. MEMBERSHIP The membership of the authority shall consist of as many of the following named governmental units as shall elect, through resol- ution adopted by their respective governing bodies, to become members. City of Bloomington City of Columbia Heights City of Crystal City of Fridley City of Hopkins City of Robbinsdale City of St. Louis Park City of Wayzata Village of Brooklyn Center Village of Brooklyn Park Village of Deephaven Village of Eden Prairie Village of Edina Village of Excelsior Village of Golden Valley Village of Greenwood Village of Hilltop Village of Maple Grove Village of Minnetonka Village of Morningside Village of New Hope Village of Osseo Village of Plymouth Village of Richfield Village of St. Anthony Village of Shorewood Village of Woodland Each of the foregoing governmental units shall automatically be eligible to become members of the authority, until April 1, 1963. Thereafter, the above-mentioned governmental units, and any other governmental units adopting such standard suburban franchises, may be added upon favorable vote of the then existing members, sub- ject to such terms and conditions as shall then be specified. A majority of two-thirds of the eligible votes of the then existing members shall be necessary in order to give consent to the admission of any member after April 1, 1963. Membership by any governmental _Z_ Si unit after April 1, 1963, may be effected by attaching an addendum to this agreement, properly executed by the officers of the then existing members of the authority and by the appropriate officers of the governmental unit involved. No change in governmental boundaries, structure or organiza- tional status shall affect the eligibility of any governmental unit listed above to be represented by a member of the authority. IV. GOVERNING BODY The governing body of the authority shall be its Board. Each member shall be entitled to one director. Each director shall be entitled to one vote for each $500,000, or fraction thereof, of firm revenue paid to the Minneapolis Gas Company during the preceding calendar year by gas customers located in the governmental unit. A director shall be appointed by the governing body of each member, for a term of one calendar year and until his successor is selected and qualified. Board members shall serve without compensation from the authority, but this shall not prevent a governmental unit from pro- viding compensation to its Board member for serving on the Board if such compensation is authorized by such governmental unit and by law. A majority of the votes of the members of the authority shall con- stitute a quorum. A vacancy on the Board shall be filled by the governing body of the member whose position on the Board is vacant. A director shall not be eligible to vote on behalf of his governmental unit during the time that such governmental unit is in default on any contribution as to the rate authority_ payable under the provisions of this agreement. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement. If a governmental unit remains in default for a period of more than one year on any contribution to -3- y the rate authority required under the terms of this agreement, the membership of such governmental unit automatically shall be termin- ated. V. MEETINGS - ELECTION OF OFFICERS Subd. 1. Any governmental unit named in Article III desiring to enter into this agreement may do so by the duly authorized execu- tion of a copy of this agreement by its proper officers. Thereupon, the clerk of the member shall file a duly executed copy of the agree - mens, together with a certified copy of said resolution, with the Village Manager of the Village of Richfield. The resolution author- izing the execution of the agreement shall also designate the first representative for the member on the Board. The agreement shall be- come effective as of the time when it has been authorized by govern- mental units in which 66-2/3% of the customers of the Suburban Divi- sion of the Minneapolis Gas Company are located, and when executed copies from such governmental units, together with certified copies of authorizing resolutions, have been duly filed as set out herein. Within thirty (30) days after the effective date of this agreement, the Mayor of the Village of Richfield shall call the first meeting of the Board of Directors, which shall be held not later than fifteen (15) days thereafter. Subd. 2. At the first meeting of the Board, and in January of each year thereafter, the Board shall elect from its directors a chairman, vice-chairman, secretary and treasurer. At the organiza- tional meeting, or as soon thereafter as it may reasonably be done, the Board shall adopt rules and regulations governing its procedures, including the time, place and frequency of its regular meetings. Such rules and regulations may be amended from time to time. -4- t r3;i ` VI. POWERS AND DUTIES OF THE BOARD Subd. 1. The powers and duties of the Board shall include the powers set forth in this section. Subd. 2. It shall designate and employ a person to act as rate engineer on behalf of the authority and its members, who shall be empowered to alter, amend or revise the rates of the gas company in the manner provided by the standard franchises which members have granted to the gas company. Subd. 3. It may make such contracts as the Board deems necessary to make effective any power to be exercised by the authority, pursuant to the provisions of this agreement. Subd. 4. It may provide for the prosecution, defense or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. Subd. 5. It may employ such other persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full- time, part-time, or consulting basis, as the Board determines. Subd. 6. It may conduct such research and investigation and take such action as it deans necessary on any matter related to or affecting gas costs, rates, supplies and gas franchises, and advise the members concerning such matters, with a view toward obtaining com- pliance with the gas franchises which have been granted by the members to the gas company, and with a view toward protecting the members and their residents against excessive gas rates. Subd. 7. It shall be entitled to obtain from the gas company, and from any other source, such information relating to gas rates and gas costs as any of its members is entitled to obtain. Subd. B. It may collect moneys from the gas company to finance the authority in the manner and to the extent provided by franchise; -5- and it may accept voluntary contributions from its members if the members determined 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 in- vest and reinvest its funds not needed for current operating expenses in the manner and subject to the limitations applicable by laws to villages. It shall not at any time incur obligations in excess of funds then available to the authority. Subd. 9. It may contract for space, material and supplies either with a member or elsewhere. Subd. 10. It shall make a financial accounting and report to the members at least once each year and its books and records shall be available for and open to examination by its members at all reasonable times. Subd. 11. It shall not have authority to amend the franchise of any of its members. Subd. 12. It may exercise any other power necessary and in- cidental to the implementation of its powers and duties which it, or its rate engineer, is given under the provisions of this agreement. VII. FINANCIAL MATTERS Subd. 1. Authority funds may be expended by the Board in ac- cordance with the procedures established by law for the expenditure of funds by villages. Or-ers, checks and drafts shall be signed by the chairman and treasurer. other legal instruments shall be executed on behalf of the authority by authority of its Board by the chairman and secretary. During the absence or disability of the chairman, the vice-chairman shall serve and perform as chairman. Subd. 2. The activities of the authority shall be financed by contributions from the gas company, as provided in such standard -6- 5�t ist�, 1 4. 1, franchises, and by contributions from members of the authority if it is determined that such contributions are necessary. Such determina- tion shall be made by the Board not later than August 1 of each year in order to obligate members to make contributions during the ensuing calendar year The total annual contribution by members for the en- suing year shall be established by the Board of Directors according to anticipated expenditures and only if the anticipated expenditures are in excess of the anticipated funds otherwise available to the authority. Such contributions by members shall not exceed one-half of one percent of the firm revenue derived from the sale of gas in the then member governmental units during the most recent year for which statistics are available at the time the budget is established. The contributions each year by the member governmental units shall be in proportion to the firm revenue from the sale of gas in each member governmental unit by the gas company during the most recent year for which statistics are available at the time contributions are established. Said contributions shall be made by the member governmental units to the authority as follows: One-half on or before February 1 of each year and one-half on or before August 1 of each year. The determination to assess member governmental units for con- tributions shall be made only upon a favorable two-thirds vote of all votes of the then existing members. VIII. RATE ENGINEER The rate engineer shall have the duty and power to investigate the books and records of the gas company to determine whether there has been compliance with the standard Franchises of its members and to order in writing the alteration, amendment or revision of the rates of the gas company when he determines that such rates do not comply with such franchises, and he shall exercise such further duties as -7- are required by the provisions of such franchises or as he may be ordered by the Board in the discharge of its powers and duties. IX. NAME The name of the authority shall be the "SUBURBAN RATE AUTHORITY",. X. DURATION The authority shall continue for a term of three years after the effective date of this agreement and thereafter from year to year unless the number of members shall become less than seven. None of the members shall withdraw from the agreement for the first three years; thereafter, withdrawal of a member at the end of any year may be accomplished by any member's filing written notice thereof with the secretary of the authority by June 15, giving notice of withdrawal at the end of the year; and membership shall continue until the ef- fective date of the notice of withdrawal. In no event shall the authority continue in existence after January 1, 1983, except for the purposes of dissolution. If a governmental unit withdraws from the authority before the dissolution of the authority or if, by reason of default in contribu- tions required to be made to the authority, the membership of the governmental unit is automatically terminated, such governmental unit shall have no claim to the assets of the authority. XI. DISSOLUTION Upon dissolution of the authority, all property of the authority shall be sold and the proceeds thereof, together with surplus moneys on hand, shall be distributed to the then members of the authority. Such distribution of authority assets shall be in proportion to the firm revenue from the sale of gas in each governmental unit by the gas company during the most recent year for which statistics are -8- available at the time that the dissolution is ordered by the board. Such dissolution shall be ordered by the board within six mo!iths after the occur.ence of the event or events which, under the terms of this agreement, require such dissolution. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be signed and delivered on its behalf. IN THE PRESENCE OF: V iii' . LY;..;il'_f (Name of Governmental Un;A-) By Its By its Acti"I- Cl 3 Dated: 1962. Filed in the office of this day of , 1962. -9- W VILLAGE OF PLYMOUTH UREMEW NO. 63-13 R&WLUTION AUTHORIZING IMCUTION OF "JOINT AND CoopimATin AciumNT" PROVIDING FOR MEATION OF SUBURBAN RATE AUTHORITY WHMUW, the Village Council of the Village of Plymouth, Hennepin County, Minnesota, has on this date adopted an ordinance granting a franchise to the Minneapolis Gas Company, oommonly referred to as the ■Uniform Suburban Franchise f(r Minneapolis Gas Compaw s and WHERLAS, such franchise contemplates the creation of a Suburban Kate Authority by oomunitiss within the defined suburban sone which adopt such franchise, and WHIREAS, this Council has been presented with a Joint and Cooperative Agreement designed to provide for such a Sub- urban Rate Authority NOW THSBSFME, BE IT RESCMIND by the Village Council of the Village of P&7nmth, Minnesota, u followso 1. It is hereby determined to be necessary and a - pedient to the public health, safety, convenience, P Voeperity and general welfare for the Village of Plymouth to enter into the proposed "Joint and Cooperative Agreement■, a copy of which is attached to the minutes of this meeting, pro- viding for a Suburban Rate Authority to administer the pro- visions of the Unifors Suburban Franchise for Minneapolis Gas Company. 2. The mayor and clerk are hereby authorised and directed to execute such agreement for and on behalf of the Village of Plymouth, and to transmit an executed copy thereof to the Village Manager of the Village of Richfield, together with a certified copy of this resolution, 3. The person who io hereby designated to serve as the first representstive of the Village of Plymouth on the Bond of Directors of the Suburban Rate Authority is Sheldon Tart, whose address is 11013 County Road b, Mpls. 27, Finn. STATE OF XtuaSOTA ) OMM OF HENNBPIK SS, VILLAGE OF PLYMOUTH) I, the undersigned, being the duly qualified and acting Clerk of the Village of Plymouth, iinnesota, hereby certify 1. that the attachT and foregoing resolution entitled "Resolution Authorizing Sxecution of 'Joint and Cooperative Agreement' Pro- viding for Creation of Suburban Rate AuthorityR, is a true and correct copy of L. resolution duly adopted by the Village Council of the Village of Plymouth at its meeting an February 26, 1963, as such resolution is recorded in the minutes of said meeting on file and of record in mW office. Dated z Februarj 20, 1963. Village Clark Village of Plymouth (Village Seal)