HomeMy WebLinkAbout1973-11 05-10 AP THE BROOKLYN CENTER POST
(A continuation of the Brooklyn Center Press)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA i
COUNTY OF HENNEPIN ( SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been
the President of The Post Publishing Co., publisher and printer of the newspaper known as
THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and
NOTICE OF HEARING ON sheet form equivalent in printed space to at least 900 square inches. c (2) Said newspaper is a weekly
PROPOSED and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to
ORDINANCE A DMENT - news of local interest to the community which it purports to serve and does not wholly duplicate
City of Brooklyn C**, Minnesota any other publication and is not made up entirely of patents, plate ,natter and advertisements. (4)
Said newspaper is circulated in and near the municipality which it purports to serve, has at least 509
Pursuar�Rto5eiitmo III, <of the City copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation
t .Charter �,ige is•her4b iven of a currently paid or no more than three months in arrears and, has entry as second -class matter in its local
public hearing to gp held bn the 21st of post- office. (5) Said newspaper purports to serve the
May, 1971, B4 8:00 p.m., at the City City of Brooklyn Center
Hall, 6301 Sh,7fgie`Creek Parkway, to in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab-
,consider granting a franchise by lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of
amending Chapter 9 of the City Or- subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject
dinances with the following titled to his direction and control during all such regular hours and at which time said, newspaper is printed.
ordinance:
AN ORDINANCE GRANTING TO (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
NORTHERN STATES POWER newspaper has complied with all the foregoing conditions for at least two years preceding the day or
COMPANY, A MINNESOTA COR- dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
POMPANO,, ITS SUCCESSORS Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed
AND ASSIGNS, PERMISSION TO by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
CONSTRUCT, OPERATE, RE- a notary public stating that the newspaper is a legal newspaper.
PAIR, AND MAINTAIN, IN THE
CITY OF BROOKLYN CENTER,
MINNESOTA, AN ELECTRIC DIS- He further states on oath that the printed...f!:! - ` i !� ,.`..:� '�•�` d
TRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUD- : J ,. I- ......... , „ .r :� ... - -
.:.:....:.......
• ING NECESSARY POLES, POLE ` ✓,k.`•
LINES, AND FIXTURES AND
APPURTENANCES; FOR THE
FURNISHING OF ELECTRIC hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
ENERGY TO THE CITY AND ITS
INHABITANTS, AND OTHERS,
AND TO USE THE STREETS, published therein in the English language, once each week, for../. successive weeks; that it was
ALLEYS, AND PUBLIC WAYS OF -. < I �; • .
SAID CITY FOR SUCH PUR- v the._'.:..... day of..•: ri.'
POSES; PRESCRIBING CERTAIN first so published on...'......:..:: .:'.:.....a... ....
' TERMS AND CONDITIONS
THEREOF, AND PRESCRIBING 19..'.. and was thereafter printed and published on every .......................... to and including
THE RATES TO BE CHARGED
THEREFOR.
Allen S. Lindman the.......... day of .......................... 19.... and that the following is a printed copy of the
.City Clerk
City of Brooklyn Center
DATED: May 1, 1973. lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
(Published in The Brooklyn Center
Post May 10, 1973.)
kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz -6 pt. News Text
abcdefghiiklmnopgrstuvwxyz -6 pt. Vogue
f '
...... ............................... r.... J. ........� .............
Subscribed and sworn to before
me th' .......day of.. .... ...' ...............A.D., 19.::...
AY
(NOTARIAL SEAL
• Notary Public . ........................County, Minnesota
My Commission Expires ......... ................19......
No . ................
Affidavit of Publication
OF
Published in
THE BROOKLYN CENTER POST
5617 Corvallis Ave. N.
MIN'NEAP'OLIS, MINNESOTA $5429
DATE OF PUBLICATION
ATTORNEY
FILED
THE BROOKLYN CENTER POST
11
CITYUF BROOKLYN "NTk ek
ORDINANCE NO.—
AN ORDINANCE GRANTING TO
NORTHERN STATES POWER
COMPANY, A MINNESOTA COR-
PORATION, ITS SUCCESSORS AND `
ASSIGNS, PERMISSION TO CON-
STRUCT, OPERATE, REPAIR AND /
MAINTAIN, IN THE CITY OF
BROOKLYN,. CENTER, MIN-
NESOTA, N SYSTEM AND ELEC
TRIBUTtQN TRIC THE BROOKLYN CENTER POST
4 LINES, IS, A continuation of the Brooke n Center Press)
dItNG'NECESSARY POLES, ( y
POLE LINES, AN ES; FIXTURES AND
F AFFIDAVIT OF PUBLICATION
F0RNVS HfN EIIj OF FOR THE
F�RN15G OF ELECTRIC
ENERGY TO - THE CITX ANb ITS
INHABITANTS, AND (t",,RS,^AND
TO THE STREETS, - ALLEYS,
AND PUBLIC WAYS O SAW CITY
FOR : SUCH PURPOSES; STATE OF MINNESOTA
PRESCRIBING tHE CEFTAIN SS.
TERMS AND CON IONS COUNTY OF HENNEPIN
114EREOF, AND PRESC'R,WING
THE RATES TO BE CHARGED
THEREFOR.
THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER , DOES E. C. L'Herault, being duly sworn, on oath says he is and during all be times herein stated has been
ORDAIN AS FOLLOWS: '" the President of The Post Publishing Co., publisher and printer of the newspaper known as
'Section 1: Chapter 9 of the City THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
9rdinances is hereby amended by tt,ve and has full knowledge of the facts herein stated as follows:
following:
Section 9 -201. PURPOSES. Northern, U) Said newspaper is printed in the English language in newspaper format and e column and
States Power Company, a corporation sheet form equivalent a printed space to least 9 square inches. (2) Said newspaper r is weekly
organized under the laws of the State and is distributed least once each week. ( (3 Said newspaper has e a its news columns devoted to
of Minrfesofa. owns and operates news local interest w est to the community which it purports serv rve e and does not wholly duplicate
property .tMW and useful in the any oth er publication and is not made up entirely patents, s, matter atter and advertisements. (4)
prolSuetion, transmission, distribution Said newspaper circulated and near the municipa which it purports to serve, has at least Son
and Sale O�4M1ectricity in the City of copies regularly delivered to paying subscribers, has an average at least 75% of its total circulation
Brooklyn CetMOer currently paid or no more than three months in arrears andi has entry as second-class matter in its local
The City Council has determined post-office. (5) Said newspaper purports to serve the
that it is desirable, in the public in- City of Brooklyn Center
terest,'and td the advantage of the in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab-
consumets of electricity in Brooklyn lished and open during its regular business hcurs for the gathering of news, sale of advertisements and sale of
Center, that a:franchise be granted to subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject
Company upon.the terms and con- to his direction and control during all such regular hours and at which time said. newspaper is printed.
ditions contained herein. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
CbmQ,any, in �consider,ation of newspaper has complied with all the foregoing conditions for at least two years preceding the day or
benefits accruing to it - under the dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
frah,olse agrees to supply electric Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
seavpie In Brooklyn Center upon the by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
terms vino cond }tionS contained a notary public stating that the newspaper is a legal newspaper.
herein:
,l( )
i �...! ` ....6h'' J
Section 9 =202. DEFINITIONS. J/
"Municipality," 1. in this ordinance j
„ e further states on oath that the printed...'.. ...,. ....
Municipality," "Municipal Council,"
and "Municipal Clerk" mean,
res ectively, the City of Brooklyn
�r, the Council of the City of /
dyn Center, and the Clerk of the
1 :., of Brooklyn Center. If at any time hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
the powers of the Municipality, the f
Municipal Council, or the Municipal
Clerk shall be transferred to any other published therein in the English language, once each week, for..... , successive weeks; that it was
authority, board, office, or officers, �!
then such authority, board, officer, or
officers shall have the rights, powers, first so published on ✓f............ , the day of..
and duties herein given to the
Municipality, the Municipal Council,
and the Municipal Clerk, respectively. 19..., and was thereafter printed and ;ublished on every .......................... to and including
Subd. 2. "Company" means Nor-
thern States Power Company, a the.......... day of .......................... 19.... and that the following is a printed co py of the
Minnesota Corporation, its successors
and assigns.
Subd. 3. "Metro Area" includes all lower case alphabet from A to 'L, both inclusive, and is hereby acknowledged as being the size and
areas served with electricity by
Company in the Counties of Hennepin,
Ramsey, Washington, Dakota, Anoka, kind of type used in the composition and publication of said notice, to wit:
Carver, and Scott.
SUbd. 4. "Metro Rate Authority" or
" Authority" means the organization of abcdetghijklmnopgrstuvwxyz -6 pt. News Text
municipalities created by joint abcdefghijklmnopgrstuvwzyz --6 pt. Vogue
agreement and amendments thereto,
Pursuant to Minnesota Statutes Sec-
tion 471.59 and which is authorized to
administer provisions of this or- /
dinance as herein provided. The ' ,r
Authority consists of representatives
of all municipalities which adopt this '
uniform franchise ordinance.
...........................
........ ..........................,....
Subd. 5. "Executive Committee" or
"Committee" means the committee Subscribed and sworn to before
appointed by the Authority. The
Committee shall consist of not more � �.�...1
than 15 members. The Committee me this..... �
:............day of... �... . .. „,,A.D., 19.
shall have those powers specified in
r
thisfranchise and those delegated to it
by the Authority pursuant to the joint
agreement. zr� .... ..:.
S ubd. 6. "Party” means the �
Municipality, the Authority or Com-
pany. (NOTARIAL SEAL}
Subd. 7. "Person" may extend and
be applied to bodies politic and cor-
porate, and to partnerships and other Notary Public . ........................County, Minnesota
unincorporated associations.
Subd. 8. "Notice" means a writing
served by any party or parties on any lily Commission Expires ......... ................19......
party or parties. In the case of Com-
pany, notice shall be mailed to an
officer thereof at 414 Nicollet Mall,
Minneapolis, Minnesota. In the case of
Authority, notice shall be mailed to the
Rate Administrator. In the case of
Municipality, notice shall be mailed to
the Municipal Clerk.
No. ................
Affidavit of Publication
or
Published in
THE BROOKLYN CENTER POST
5617 Corvallis Ave. N.
MINNEAPOLIS. MINNESOTA 55429
DATE OF PUBLICATION
ATTORNEY
FILED
THE BROOKLYN CENTER POST
11
Subd. 3 Ire rates To become of
fective on and after March 15, 1974,
pursuant to Subd. 2 of this section,
shall be subject to a temporary Return on Common Equity. The
reduction during The year 1974 totaling weight to be given to each class of
56,000,000. Such reduction and any capital shall be based on Company and
Subd. 9. "Rate Administrator" id) curiaumenc of electric service credit balance in the Stabilization its utility subsidiaries' actual average
means a professional person qualified as may be prudent to maintain Reserve Account resulting from 1973 outstanding amount of each class
and experienced in public utility service to priority loads or to operations will be applied only to the throughout the year of filing.
regulatory matters. The Rate Ad- maintain the operating stability bills of customers located in those Subd. 4. "Allowable Return on
ministrator is appointed by the of Company's system; areas of the Metro Area in which the Common Equity" means that return
Authority. neither Company, Municipality, the base electric rates for residential on common equity capital determined
Section 9 -203. GRANT. Subdivision Authority nor any customer shall be service, general service, and large pursuant to Section 12.
1 There hereby is granted to Company liable for damage or loss for in- general service were no less than such i Subd. 5. "Senior Capital" means all
f period extending to January 1, terruption or disturbance of service base electric rates charged in the City debt, including short -term debt, and
1 (subject To termination on dueto said causes. The Company shall of Minneapolis on January 1, 1973. preferred stock.
D, aber 31, 11977, upon notice from make reasonable effort to notify af- Base electric rate means the charge to Subd. 6. "Cost of Senior Capital"
Company to Municipality and fected customers of scheduled in- the customer for electric service means the weighted average cost of all
Authority, or upon notice of terruption and disturbance of service. excluding any franchise fee, street senior capital, where The cost of each
Municipality to Authority and Com- Company will not be in breach of this rental charge, gross receipts tax or issue is obtained by multiplying the
pany at least 90 days before said date franchise for interruptions of service duties or imposts, imposed by The principal amount of the issue by the
of December 31, 1977) the right and due To such causes. municipality included in or added to interest rate in the case of debt and by
privilege of constructing according to Subd, 3. Company will promptly said charge. the dividend rate in the case of
specifically approved permits, take sgh action as may bepracticable Subd. 4. Increases or decreases in preferred stock, and dividing by the
operating, repairing, and maintaining under the circumstances to remove rates or the continuance of existing net proceeds of the issue.
in, on, over, under, and across the the cause of any interruption, distur- rates shall be based on forecasts for Subd. 7. "Net proceeds" in the case
streets, alleys and public ways of bance, or curtailment and To resume thecalendaryearof filing of expenses, of long -term debt capital means the
Municipality, an electric distribution normal delivery of electric service. capital costs and of the revenues principal amount issued, plus
system and electric transmission Section 9 -206. NONEXCLUSIVE required to enable Company to earn an premiums received, less issuance
lines, including all poles, pole lines, FRANCHISE. This is not an exclusive amount equal to the Allowable Annual expense and discounts. In the case of
conduits, and fixtures and ap- franchise. Return defined in Section 10, plus part expense debt capital, the term
purTenances, usually, conveniently, or
, Section 9 -207. RATES. Subdivision 1. or all of any debit balance or less part means the sum of a) the principal
necessarily used in connection The rates and charges imposed and or all of any credit balance in the amount of bank loans outstanding, and
therewith, for The purpose of tran- collected by Company for services in Stabilization Reserve Account as b) the principal amount of commercial
sm fitting and furnishing electric the Metro Area shall be fair, just, provided in Section 15. notes, less prepaid interest. In the
energy for light, heat, power, and reasdnable and compensatory and Subd. 5. Company will annually case of preferred stock, the term
other purposes for public and private dgsignecl to recover all reasonable supply forecast data to the Rate Ad- means The stated value plus
use in and to Municipality and the c4fS,O11.' service therein, including a ministrator in accordance with The premiums, less issuance expense and
inhabitants thereof, and others, and reasonable return as 'herein provided following schedule: discounts. In the case of re-
for the purpose of transmitting on' the capital investment in the Revenue Budget November 1 acquisition, retirement or refunding of
electric energy into and Through bus4hess under an economical and Expense Budget December 1 long -Term debt or preferred stock, the
Municipality. The electric distribution efficient management. Capital Budget December15 call premiums, expenses and
system and transmission lines shall be Subd. 2. The rates charged to any or on such later dates as the Rate discounts are to be considered as part
so located as not to interfere with the class. Of, customers will not cast an Administrator may authorize. of the over -all cost of capital.
safety and convenience of ordinary undue burden on any other class of Subd. 6. On or before December 1, Subd. B. "Actual Net Earnings" for
Travel along and over said streets, customers nor shall any rates charged 1975, and at intervals of no more than the year 1973 means actual gross
alleys and public ways. to customers within the same class of five years Thereafter, Company shall revenues of Company received for
Subd. 2. This ordinance is intended service cast an undue burden on other furnish a current study of its rate electric utility service furnished in the
to regulate the exercise of the rights customers within that class. structure to the Authority. Metro Area less operating expenses
and privileges granted to Company Subd.' 3. The schedule of rates Subd. 7. On or before March 1 of reasonably incurred in rendering such
herein. Nothing in This ordinance is to containied in Appendix A, attached and each year Company will supply service. For subsequent years said
be construed to modify, alter or amend mode apart hereof by reference, is Authority with a tabulation of term means gross revenues of Com -
any statutory or charter power of The effective as to all bills computed on customers and revenues attributable pang for electric utility service fur -
Municipality to regulate the use of its regular meter readings on and after to each Municipality in the Metro Area nished in the Metro Area computed at
streets, alleys and public ways. Such the effective date of This ordinance. for the previous calendar year. the Metro Area Rates, less operating
regulations, insofar as they do not The schedule shall remain in effect Section 9 -209. RATES; RATE expenses reasonably incurred in
affect the rate regulation and ad. until Changed in accordance with FILING. Subdivision 1. Any filing by rendering such service. To the
ministration provisions of this or- Section 8 of this franchise. The cost To Company with the Authority to change resulting net income shall be added
dinance, need not be identical among the Company of any franchise fee, or continue any rates or rate strut- that portion of the amount credited
members of the Authority. street rental charge, gross receipts tures as provided in Section 8, Subd. 2, under the Uniform System of Accounts
Subd. 3. Nothing in this ordinance taxes, or any other duties or imposts, may be altered, amended, or revised to Allowance for Funds Used During
prevents the powers of the Authority imposed by the Municipality will be by The Executive Committee in con- -
Construction applicable to con
fror ig hereafter delegated by law recovered by Company as a surcharge formance with and subject to the Construction
work i progress included i
tos ther governmental authority. to such rates within the Municipality. provisions of this ordinance. the Allowable Rate Base in Subd. 9
Sec..on 9 -204. EXTENSIONS; Ad 'valorem taxes may not be Subd. 2. The Rate Administrator hereof. For the years 1973 and 1974
SERVICE; RULES AND recovered by a surcharge. Such shall make written recommendations such allowance shall be computed at
REGULATIONS. Subdivision 1. surcharge will be equitably as to the filing to The Executive
Company shall provide efficient, distributed among electric customers Committee within 20 days of the filing. The rate of 8 percent. Thereafter, the
adequate and non - discriminatory in the Municipality. Subd. 3. Any alteration, amendment, annual percentage- rate applied To
service, at reasonable rates, to all Section 9 -208. RATE CHANGES. or revision in the filing shall be made determine the Allowance for Funds
members of the public within the Subdivision 1. Company may change by written order of the Executive Used During Construction shall be the
Municipality who apply for such its rate structure by changing Committee which sets forth its fin- lower of a) the nearest even one -half
service in accordance with rules and classification of rates, The number of dings and conclusions upon all percent below the projected overall
regulations of Company. blocks, size of blocks, the price dif. material issues. The order shall be rate of return or b) The current in-
Subd. 2. Company may, from time to ferential between blocks, or by adding served on Company within 35 days cremental cost of financing new
time, promulgate rules and a new classification of rates or by after notice of the proposed change or construction, and shall change only in
regulations which are reasonably closing or withdrawing any existing continuance of rates has been filed increments of one -half percent,
necessary in the conduct of its rate classification or schedule. Any with the Authority. provided, however, that such annual
business. The rules and regulations such change which does not result in a Subd. 4. Company may obtain percentage rate shall not be more nor
may govern matters, including but not higher rate for an existing customer judicial review de novo of any less than that required by The Federal
limited to, forms, contracts, ex- may be made upon Twenty days notice Executive Committee order of Power Commission.
tensions of service, curtailment of to the Rate Administrator and shall be alteration, amendment or revision of Operating expenses shall include
service, reconnection charges, supported by data showing the rates in the District Court of Hennepin Research and Development expenses
billings, security deposits, and late desirability of the change and the County if proper application is made and donations made for charitable,
payment charges, if any. Existing reasonableness thereof. Other thereforwilhin30 days after service of social, or community welfare pur-
rule nd regulations of Company changes in rate structure shall be the order of the Executive Committee poses. Research and Development
shi . filed promptly with the made under Subd. 2 of this section. upon Company. If judicial review is expenses shall be accounted for in the
Auto ..y and shall become effective Subd. 2. The rates contained in applied for, the rate proposed by manner provided in the Uniform
on filing. They shall be kept open for Appendix A shall remain in effect until Company in Section 8, shall be in effect System of Accounts.
public inspection. Thereafter Com- March 15, 1974. On or before February until the question of such alteration, Subd. 9. "Allowable Rate Base"
pany may file amendments thereto or 1, 1974, and thereafter on or before amendment, or revision is finally means the average of net plant less
additional rules and regulations. February 1 of each year during the determined by the court. In such customer contributed capital and plus
Within 60 days after such filing the term of this ordinance, Company shall review and determination Company working capital. Net plant means a)
Executive Committee may, on its own file notice with the Authority that it has the burden of proof. At The time of the original cost of electric utility
motion or on the request of will either continue, decrease, or in- applying for judicial review, Company plant and common utility plant used
Municipality, review such amend- crease they'ates or continue or change shall, if ordered by the Court, file with and useful In rendering electric ser-
ments or rules and regulations. The the rate structure which will become the Clerk a corporate undertaking vice in the Metro Area, plus b) that
Committee, after public hearing, may effective on bills rendered on and after obligating it To comply with such relief portion of the original cost of plant
by resolution disapprove any such March 15 of that year, to enable as the court may order consistent with held for future use and construction
amendment or rule and regulation Company to realize Actual Net Ear the provisions of this franchise. work in progress applicable to the
which is unreasonable or unlawful. rings during he calendar Metro Area, less c) related booked
g year of Subd. S. The rates determined under
Section 9 -205. SERVICE IN- filing equal to the Allowable Annual Section 8 or this Section are the reserves for depreciation and
TERRUPTION. Subdivision 1. Return, as defined in Section 10 plus "Metro Area Rates." amortization.
Company will provide continuous, part or all of any debit balance or less Section 9 -210. RATE MAKING: Customer contributed capital means
adequate and non - discriminatory part or all of any credit balance in the DEFINITIONS. Subdivision 1. For the amounts related to service in The
electrical service in the Municipality. Stabilization Reserve Account purposes of this ordinance, the terms Metro Area contributed or advanced
Subd. 2. Company's provision of established under Section 15. The defined in this section have the by customers for construction and
electric service to its customers is filing shall recite the proposed change meanings given them, amounts collected from customers
subject to interruption and distur- or continuance and The forecasts Subd. 2. "Allowable Annual Return" Through rates and charges for
bance of service due To: substantiating it. Provided however, means the product obtained by deferred operating expenses and taxes
(a) conditions beyond its control; in order to minimize or prevent ex- multiplying the Allowable Rate Base except where deduction of the
(b) necessary maintenance and op. cessive fluctuation in the rates, t-ie by The Allowable Rate of Return. deferred amount is specifically
eration of its system; Company may additionally "nom Subd. 3. "Allowable Rate of Return" prohibited by Internal Revenue Laws.
(c) effect of operations of any in- during a calendar year, but not prior means The weighted average actual Said amounts shall include but are not
terconnecting electric systems; to July 15 Thereof, adjust the rates in cost for the year of filing of 1) Senior necessarily limited to amounts
or the same_ manner as provided above. Capital of Company and its utility credited under The current Federal
subsidiaries and 2) the Allowable Power Commission Uniform System
of Accounts to Accounts 252 Customer
Advances for Construction, 255 Ac-
cumulated Deferred Investmant Tax
hat portion where Subd. 3. Within ten days after
Credits (except f
P receipt of the order of determination,
general part of the ct,-try oi. Subd. 2.ihe actual original cost of
deduction from the rate base is any Party may appeal the order to a it
prohibited by the Internal Revenue hearing panel by filing a similar investments in other property abandoned, otherwise retired
Laws), 271 Contributions in Aid of ,iPPeal w�Th +he nuthoriTy and Com- notice of business undertakings which from service or not used and useful in
Construction, 281 Accumulated Pany. The panel shall consist of three are attended by corresponding the public service for any cause, shall
Deferred erAmortization, 282 Ac- professional standing, d Income Taxes members of professi risks and uncertainties. be credited to the appropriate plant
cumulated Deferred Income Taxes - each h (b) The Allowable Return on Com- account. Such original cost plus The
having one vote. The members of
mon Equity shall be reason- costs incidental to said abandonment
Liberalized Depreciation, and 283 ably sufficient to assure con- or retirement shall be debited to the
Accumulated Deferred Income Taxes fidence in the financial sound- Reserve for Depreciation and -
- Other. the hearing panel shall be selected as ness of Company. Amortization of Utility Plant, subject,
Unless otherwise mutually agreed follows: Within 20 days of notice of (c) The Allowable Return on Com- however, to the provisions of Subd. 3of
upon between Company and the appeal the Company and the Authority mon Equity shall be adequate this section. The salvage value
Executive Committee, working ' shall each appoint a panel member under efficient and economical received and any other amounts
capital means and includes the and each shall immediately notify the management To maintain and recovered from said property shall be
following, based on amounts allocable other of such appointment. The two ` 5uppbrf Co'iilp&6y's `&bd" "'and credited to said Reserve.
To the Metro Area: (a) cash working panel members so appointed shall, enable it to raise the money Subd. 3. When a substantial segment
within five days after the second necessary for the proper dis- of Company's utility plant is aban-
capital equal to one - eighth of member is appointed, select a third
operation and maintenance expenses panel member. If The first two panel charge of its public duties. Boned or retired from service because
Section 9 -
excluding purchased power and one- members are unable To agree, on a ACTUAL NET of unusual obsolescence or property
Sub
half of fuel expenses, plus average third panel member, the third panel EARNINGS. Subdivision 1. In the damage and such property is not fully
compensating bank balances To member shall be appointed by the appropriate Actual Net Earnings, covered by the Reserve for
to
a
support short -term borrowings, less Chief Judge of the Hennepin County appropri items may be amortized Depreciation and Amortization of
the monthly average of accrued District Court upon application Of or accrued according To generally Utility Plant, other reserves or by
properly and income taxes, but cash either Company or Authority with five accepted accounting principles and, insurance, the unrecovered balance of
working capital shall not be less than days notice to the other. In the event except as otherwise provided in this
zero; plus (b) monthly average either Company Authority fail ordinance for specific items, the
prepayments; plus (c) month) P y or y a amounts and rates of amortization or such property after consideration of
Y within said twenty days to appoint a tax effects shall be credited to said
average materials and supplies; plus panel member, the member appointed accrual shall be based upon the actual Reserve or other appropriate reserve
(d) monthly average fuel stocks; plus by the other arty shall proceed as a experience of Company where such
(e) monthly average miscellaneous P and be debited to a deferred account
single member and issue his order, experience exists.
deferred debits. which shall constitute the order of the Subd. 2. An allocation sh be made designated as "Extraordinary
by Company of opera' -xpen^ Property Losses," or similar caption.
Section 9 -211. ALLOWABLE RATES panel. and utility plant within a side 1 Debits to said deferred account shall
OF RETURN. Subdivision 1. At the Metro Area on a basis that . easonably be amortized by charges to operating
time of an annual rate filing, a Subd. 4. The review by ar reflects the occurrence of such ex- expenses as provided for in Section 14,
projection of Allowable Rate of Return the Rate Administrat a,, penses and plant for rendering service and the unamortized balance shall be
shall be used as a basis for calculating mination shall be de novo ant The within and outside the Metro Area. included in the Allowable Rate Base.
allowable revenue for the calendar panel shall consider all eviv 'a Section 9 -215. STABILIZATION Subd. 4. If the actual original cost is
year of filing. At the close of such year material and relevant to the i � not shown by the books and records of
y
the Allowable Rate of Return shall be raised b such ae",1 RESERVE ACCOUNT. Subdivision 1.
Company or its predecessors, such
determined and shall be used as a shall be conducted ed in Actual Net Earnings greater or less
in The T+elri o
the manrl:,, than the Allowable Annual Return in amount shall be estimated and a
basis for the Allowable Annual Return. prescribed by Chapter 15, M,ml a any calendar year shall be credited or record be made by Company showing
Subd. 2. Allowable Rates of Return Statutes, for conduct of acirm . a debited to an account designated the the facts upon which said estimate was
and projections thereof shall be rive hearings. The burden of priidf based, the manner in which it was
calculated to the nearest one- shall be upon the appellant. Only those "Stabilization Reserve Account."
y Subd. 2. Any credit balance in said determined, and The person by whom
hundredth of one percent. Parties and Persons who appeared be- account shall be credited monthly with it was made.
C
Section 9 -2 ALLOWABLE fore the Rate Administrator may ap- 'interest computed at the current Section 9 -217. ACCOUNTS AND
RETURN ON COMMON EQUITY. pear before the panel. prime interest rate. RECORDS. Subdivision 1. All expense
Subdivision 1. Company shall be Subd. 5. The panel shall determine Subd. 3. All or part of any debit or items, whether charged directly and
allowed a Return on Common Equity the Allowable Return on Common credit balance in said account may be entirely in a calendar year or amor-
for the Metro Area for the calendar Equity by written order served on amortized over not more than two tized or accrued over a longer period,
year 1973 of 13.25 percent. For me Company and the Authority, wh ic h year To balance earnings and minimize fluctuations and stabilize all revenue items and all balance sheet
s
calendar year 1974 Company shall be order shall set forth its findings and items shall be recorded in substantial
allowed a Return on Common Equity conclusions, including the bases accordance with the applicable
for the Metro Area of 12.95 percent. therefor, u rates a the Metro Area. By agreement PP
Pon all material issues of The Executive Committee and provisions of The Uniform System of
For years subsequent to 1974, Com -
relative To such determination. The Company all or part of any debit or Accounts, as amended from time to
panyorthe Executive Committee may determination of the panel shall be time, b the Federal Power Com -
credit balance
edove in said account may be Y
request a prospective change in the
made within 60 days after the third amortized over more than two years to mission. When optional accounting is
Allowable Return on Common Equity. panel member is selected. If no appeal
balance earnings and to minimize permitted under the Federal Power
Such requests shall be made during is taken from the
the period between November 15 and panel's order Of fluctuations and stabilize rates in the Commissions Uniform System of
determination The order is final. Accounts, Executive Committee and
December 15 in any year, To be ef- Metro Area.
Subd. 6. Any Party aggrieved by a Subd. 4. Any credit balance in the Company shall agree on the option To
fective as of January 1 of the next final order of The hearing panel is Stabilization Reserve Account shall be followed for book and rate making
year, by serving upon the other Party entitled to judicial review thereof in not be used to benefit customers purposes.
a notice stating the reasons supporting the District Court of Hennepin County located in Municipalities where rates Subd. 2. Company shall file with The
such change and specifying the if proper application is made therefor lower than the Met o Area Rates were Authority (a) schedules showing all of
proposed Allowable Return on within Thirty days after the hearing charged in the period during which its rates and charges, (b) forms of
Common Equity for the year. If no panel has served its order. The review
such credit accrued. service contracts re agreements, and
request is made the Allowable Return shall be conducted by the Court I Subd. 5. Any balance in said account to any rules and regulations relating
on Common Equity remains in effect. a in without a 'ury and shall be confined to to rates, charges or service by
Subd. 2. The request for than The record, except That in cases of
g at termination of The rare- making
the Allowable Return on Common alleged irregularity in procedure process in franchise all beo promptly for Company shall a open for
Equity shall be reviewed by The Rate before The hearing this franchise shall c promptly Area, all of which shall be open for
9 panel not shown be refunded ' otherwise recognized for public inspection. Such schedules,
Administrator who shall forthwith set
the record, Testimony thereon may be customers' benefit. forms and rules and regulations shall
a date prior to January 15 for hearing taken by the Court. Except as
upon such request. He shall give 10 otherwise provided, all proceedings Section 9 RESERVE FOR alsobeke all reasonable times Company,
days notice of such hearing published shall be conducted according to the DEPRECIATION AND AMOK available a all r for
once in a legal newspaper in each provisions of Minnesota Statutes TIZATION . T UTILITY PLANT. public inspection.
county in the Metro Area. At least two Subdivision 1. The Company's books of Subd. 3. Company shall keep,
Sections 15.0424 - 15.0426. account shall contain an - co' maintain and preserve proper and
days prior to the hearing date, any Subd. 7. The Court may affirm the designated as "Rese accurate engineering, accounting,
person may file with the Rate Ad- decision of the hearing panel or Depreciation and Amorti, -n financial and statistical records
ministrator a written notice of in- remand the case furth- Utility Plant," or similar caption, relating to the construction, cost,
tention to appear a t the hearing and of proceedings; or it me erse eration of its
the nature and extent of his which shall show accumulated maintenance and op
par- modify the decision if ti. .:bs%,ntio
g appellant have been accrues f operating expenses on utility plant which show all financial
ticipation. Only persons complying rights of the a account of depreciation adjusted for Transactions, including receipts and
with this notice provision may be
h Prejudiced because the hearing salvage and retirements in ac- disbursements and The particulars
heard at the hearing. The Rate Ad-
ministrator shall prescribe reasonable Panel's findings or conclusions are: ce with Subd. 2 of this section. thereof.
The a
(a) In violation of constitutional The annual charges to operating Subd. 4. The Authority shall have
rules and regulations for The conduct provisions; or P 9
of such hearings. Upon completion of penses for depreciation of depreciable ble
access at all reasonable Times to in-
the hearing, and no later Than (b) In excess of the authority con- property used and useful in rendering spect, examine or audit all of The
ferred upon said hearing panel by this electric service in the Metro Area accounts, books, records, reports,
February 15, the Rate Administrator ordinance; or shall contracts. documents and papers of
will serve on Company and the amount designed to
(c) Made upon unlawful recover r ratably the original cost of Company relating to its electric
Authority a written order determining procedures; or ro such depreciable operations.
the Allowable Return on Common p
(d) Affected by other error of law; estimated average servvice ice life over the ife of each Subd. 5. Procedures and Accounting
Equity for the current year and setting or Manual. As soon as practicable after
forth his findings and conclusions on (e) Unsupported group of property. Annual
by substantial depreciation rates shall be revised the effective date of this Ordinance,
all material issues relative to his evidence in view of the entire record periodically so as to reflect all factors Company and the Rate Administrator
determination. If no appeal is taken as submitted; or P shall compile a manual of procedures
from the Rate Administrator's order (f) Arbitrary or capricious, bearing on The recovery of The original and accounting methods to implement
of determination, the order is final. If Section 9 -213. STANDARDS FOR cost such depreciable property over
its e average service life. AT This ordinance in accordance with the
an appeal is taken from the Rate DETERMINING ALLOWABLE least once every five years The standards set forth herein. The Terms
Administrator's order of deter- RETURN ON COMMON EQUITY. of said manual shall apply To all rate
mination, the order is an interim order The Allowable Return on Common Company shall prepare a depreciation filings and determinations until
y
and shall remain in effect until final) Eq uity is determined b d study analyzing retirement ex -
q y erm y an must perience and other factors relevant to changed, modified or amended by
determined, provided that the ef- satisfy the following standards: the establishment of depreciation mutual agreement of the Company
fective Allowable Return on Common (a) The Allowable Return on Com- rates. Such study shall be used as a and the Rate Administrator.
Equity for interim rates shall not be mon Equity shall permit Com- guide in determining the de iatior Subd. 6. Company shall prepare and
less than That existing at the time of pany to earn a return on its rates To be used to recover gin file with The Rate Administrator
the filing for a change in the Allowable equity investment in property cost of depreciable proper., statements for its electric utility
Return on Common Equity. The which it employs for the con- operations as provided in the
Allowable Return on Common Equity venience of the public equal to Procedures and Accounting Manual.
finally determined shall be effective that generally being made at
as of the proposed effective date. the same time and in the same
1 3 -1%
Section 9 -218. INDEMNIFICATION. Municipality of such default, the
Company shall indemnify, keep, and Municipal Council may, by ordinance
hold Munlcipa6ty, :fs officers, em- duly passed and adopted, terminate all
ployees 3nc lgcn n free and harm�ess rights granted under this ordinance to
from any and alt 1,b,ht on account of Company. The notice of default shall
injury to persons or damage to be in writing and shall specify the
property occasioned by the con- provisions of this ordinance in the
performance of which it is claimed
strucTion, maintenance, repair, that Company is in default. The
removal or operation of Company's validity and reasonableness of any
property located in, on, over, under, or ordinance so passed declaring a
across the streets, alleys and public forfeiture of the rights and privileges
ways of Municipality, unless such granted by this franchise ordinance
injury or damage is the result of the shall be subject to review by a court of Section 9 -224. ASSIGNMENT.
negligence of Municipality, its em- competent jurisdiction. Company upon notice to the
ployees, officers or agents, or results Section 9 -222. CHANGE IN FORM municipality shall have full right and
from the performance in a proper OF GOVERNMENT. Any change of authority to assign all rightsconferred
manner of acts reasonably determined The form of government of The upon it by this ordinance to any per -
to be hazardous by Company, but such Municipality as authorized by the
performance is nevertheless ordered State of Minnesota shall not affect the son, persons, firm corporation. The
or directed by Municipality after alidity of this franchise. Any assignee such rights, by accepting
notice of such determination by municipal corporation succeeding the such assignment, shall become sub -
Company. In the event that suit shall Municipality shall, without the consent jeci to the terms and provisions of this
ordinance.
be brought against Municipality under of Company, succeed to all the rights
circumstances where the above and obligations of the Municipality Section . Co mpany shall, if it
WRITTEN AC-
CEPT
agreement to indemnify applies, provided in this franchise.
Company, at its sole cost and expense, Section 9 -223. COSTS OF AD- accepts s this Company
ordinance and the rights
hereby granted,
shall defend Municipality in such suit MINISTRATION. The Company rights file a written granted
if written notice of the suit is promptly a grees to with t he Municipal Clerk within 30
given to Company within a period initial sum of $150,000 within 30 days days after the effective date of the
wherein Company is not prejudiced by after written acceptance of this agreement establishing the Authority.
lack of such notice.if such notice is not franchise by Company, and not less Section 9 -226. REVOCATION. If this
seasonably given as hereinbefore than $160,000 per year payable in
provided, Company shall have no duty quarterly installments commencing Uniform franchise ordinance is not
to indemnify nor defend. If Company on January 10, 1974, To be allowed as adopted by July 31, 1973, by
is required To indemnify and defend, it an operating expense to the Company Municipalities in which 60 percent of
will thereafter have complete control and which shall be used to secure Company's electric customers in the
of such litigation, but Company may compliance with this ordinance, and Metro Area were located on January 1,
not settle such litigation without the for such other purposes relating to the 1973, the Municipal Council may
consent of the Municipality unless Company's costs of service as the revoke the same. However, This right
Municipality unreasonably withholds Authority shall deem necessary. The of revocation shall terminate when the
such consent, amount of such annual payment shall Authority is established. For the
Section 9 -219. RELOCATIONS, be subject to review and revision by purpose of this section each Customer
Subdivision 1. Whenever Municipality the Authority and Company at the end Account of Company shall be deemed
shall grade, regradeor change the line of 1975 and thereafter as mutually a customer. Company i shall notify the
of any street or public place or agreed to. Municipal Cl wwri riting whether the
otherwise improve any street or public, above condition n has been met. If
place or construct or reconstruct any revoked, the provisions of this or-
sewer or water system therein and dinance shall be without prejudice in
shall, with due regard to seasonal any subsequent proceeding.
working conditions, reasonably order Section 9 -227. EFFECT ON
Zompany to relocate permanently its EXISTING FRANCHISE. It is the
electrical facilities located in said intention of the Council that this
street or public place, Company shall franchise ordinance is effective upon
relocate its facilities at its own ex compliance with Section 25 and that it
pense. Municipality shall give Com- shall thereafter govern the rights and
pany reasonable notice of plans duties of Company and Municipality
requiring such relocation. Nothing in until its termination. It is further the
this ordinance contained shall deprive intention of the Council that the
Company of its rights under Minnesota existing franchise granted to Com-
Statutes Section 161.46, as amended, pany by the Village of Brooklyn
Subd. 2. Where the Municipality Center, dated September 23, 1953, is
orders Company to temporarily
not repealed but is superseded by the relocate any of its facilities, Company terms of this ordinance and that upon
shall proceed with such relocation. If termination of this ordinance the
such relocation is done without an existing franchise will continue to
agreement first being made as to who govern the rights and duties of
shall pay for the relocation cost, such Company and Municipality until the
termination thereof.
shall not construed by giver f Section 9 -228. PUBLICATION
shall not be construed as a waiver of
its right to be reimbursed for the EXPENSE. The expense of
relocation cost. If Company claims publication of this franchise ordinance
that it should be reimbursed for such shall be paid by Company.
relocation costs, it shall notify the Section 2: This ordinance shall
Municipality within ten (10) days after become effective after adoption and
receipt of such order. upon thirty (30) days following its
Subd. 3. Except where required legal publication.
primarily for a municipal im. Adopted this .. day of ...........,
provement project, the vacation of any 19...
street, alley or public way, after the Mayor
installation of electrical facilities, ATTEST:
shall not operate To deprive Company Clerk
of the right to operate and maintain Published in the official newspaper .
such electrical facilities, until the
reasonable costs of relocating The
same and The loss and expense Effective Date
resulting from such relocation are rPublished in The Brooklyn Center
first paid To Company. Post June 2R. 19711 _
Section 9 -220. TREE TRIMMING.
Company shall have the permission
and authority to trim all trees and
shrubs in the streets, alleys and public
ways of Municipality, interfering with
the proper construction, operation,
repair, and maintenance of any poles,
pole lines, conduits, fixtures or ap -;
purtenances, installed in pursuance of
the authority hereby granted,
provided that Company shall save
Municipality harmless from any
liability in the premises.
Section 9.221. FRANCHISE TER-
MINATION. If Company shall be in
default in the performance of any of
the material terms and conditions of
this ordinance and shall continue in
default for more than ninety (90) days
after receiving notice from the