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
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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
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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.
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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;
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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
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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
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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
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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.
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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)