Loading...
HomeMy WebLinkAbout1963-07 03-18 03-07 AP b3 n3,�8 THE BROOKLYN CENTER PRESS AFFIDAVIT OF PUBLICk �" STATE OF MINNESOTA SS. SEP COUNTY OF HENNEPIN PROOKM CENTER E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has been President of The Post Publishing Co.. the publishers of the newspaper known as THE BROOKLYN CENTER PRESS, and has full knowledge of the facts herein stated; that for more than one year prior to the publication therein of the. "4–' ........... Y . L:'....[ [...:1 ,, :_ ....: ........................ ................ ._....• :::...... .hereto attached, said newspaper was printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Thursday of each week; that during all said time the following conditions have existed: Said newspaper has been printed in the English language from its known office of publication within the village from which it purports to be issued as above stated in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; it has been issued once each week from a known office established in such place for publication and equipped with skilled workmen and necessary material for preparing and printing the same; the press work thereon has been done in its known office of publication; in its makeup not less than twenty -five per cent of its news column has been devoted to local news of interest to the community which it purports to serve; it has contained general news, comment and miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat. ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori- cal Society in St. Paul; and there has been on file in the office of the County Auditor of Hennepin County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the legal or official matter hereto attached was cut from the columns of said newspaper, and was printed and published therein in the English language once each week, for weeks; That it was first so published on Thursday, the .................! .= .I:....................... day of ......... ✓.." :.............................. 19:..:.., and thereafter on Thursday of each week to and i ncluding the .............. ..... ........ day of .. .... .. .. ......... 19......, and that the following is a printed copy of the lower case alphabet from A to L, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said legal or official matter, to -wit: abcdefghi j klmnopgrstuvwxyz -6 -pt. Oldstyle abedefghijklmnopqrstuvwxyz -6 -pt, Devinne abcdefghijklmnopgrstuvwxyz- 71i -pt. Excelsior abcdefghijklmnopgrsfuvwxyz -7 Memphis Bold Siibscribed and Sworn to before me this ....................day of ........ .......:.:.- ................ A.D., 19....... i R No. ................ Affidavit of Publication OF Published in THE BROOKLYN CENTER PRESS 5617 Corvallis Ave. N. MINNEAPOLIS 22 MINNESOTA E DATE OF PUBLICATION ATTORNEY FILED THE BROOKLYN CENTER PRESS 11 i Brooklyn Center Press 13 If the right or privilege to manufacturedl Thursday, 7, 1983 Purchase, transport, mix, distribute or sell 1 d). The Companv agrees that any Y gas in annexed territory, shall be owned or ''. change in rates made by the Company, controlled by the Company at the date of not in accordance with this ordinance, may annexation, said right or privilege shall, be altered, amended or revised, so as AN ORDINANCE from and after the date of annexation and to conform to the provisions of this or- during the balance of the term hereof, be dinance and according to the terms there - exercised and controlled by the provisions of, by an engineer, auditor or accountant Granting to the Minneapolis Gas of this ordinance. The Company agrees to of the Suburban Rate .-Authority duly ap- Company, a Corporation Organized manage its plant and operations in a rea- pointed for such purpose. The engineer Und er the Laws of the State Of sonably efficient and economical manner. auditor or accountant so appointed shall The Company also agrees to use due dili- be qualified and experienced in public Delaware, Its Successors and gence in the matter of the issuance of long- utility regulatory matters and an employee Assigns, Permission t0 Use ill@ term debt to assure reasonable cost of such of the said Suburban Rate Authority. Any gn debt, provided, however, that this should such alteration, amendment or revision shall Streets and Public Plac in the not be construed as requiring competitive be made by order, stating the reasons bids on new debt issues. therefor, dulv served on the Compalny Village of Brooklyn Center for the Section 3. The Company shall charge, within twenty (20) days after notice of Construction, Maintenance and demand, collect and receive just and rea• such proposed rates shall be given by the - Operation Of a System of Mains, sonable rates, charges and compensation as Company, as in this ordinance provided. p Y hereinafter provided. The altering, amend The 'Company shall have the right to a Pipelines and Other Facilities for ing or revising of any rates made by the[ prompt hearing and review of such altera the Manufacture, Distribution and Company to obtain compliance with this tion, amendment or revision in the courts of ordinance shall be by the Suburban Rate the State of Minnesota, if proper applica- Sale of Gas, Subject to Certain Authority. The said Suburban Rate Author- tion is made therefor within thirty (30) ity exists for the purpose of reviewing gas days after notice of such alteration, amend. Terms and Conditions, and rates made by the Company and undertak- ment or revision, and if such hearing and Prescribing the Rates to be ing appropriate action thereon as in this review is applied for, then until such Charged Therefor, and Repealin ordinance authorized. alteration, amendment or revision shall be g P g Nothing in this ordinance shall prevent finally sustained or altered by such courts, All Ordinances, or Parts of the power herein given to the Suburban the rate made' by the Company shall re- Ordinances, IACOIIS1Stent Rate Authority to alter, amend or revise main in effect for the period as provided Company rates from being hereafter dele -, in this ordinance. At the time of making Herewith gated, by law, to some other governmental! the application for review the Company authority. shall file with the Clerk of Court a eor•, From and after the effective date of this porate undertaking requiring it to refund, Village of Brooklyn Center ordinance, the Company shall charge, de-1 rebate or comply with such other relief' mand, collect and receive not to exceed the' as said courts may order. At the hearing following rates for gas supplied to each provided for herein on the issue or issues, Whereas, the Minneapolis Gas Company, customer at one location in the entire subur• raised by the aforesaid order the court a corporation organized under the laws of ban area, including the Municipality, for shall consider all evidence which may be the State of Delaware, owns property used each month, except as said rates shall be relevant and proper. and useful in the manufacture, distribution changed or modified as hereinafter provid and sale of gas in the Village of Brook- ed, via: (e). The Company agrees that when no lyn Center and is operating said property First 300 cu. ft. or less ......$2.00 change in an existing rate is proposed at in said Village; and Next 3,700 cu. ft. ........... 1.43 per M the time of a rate filing, the said Suburban Next 26,000 cu. ft. .......... 1.10 per -A1 Rate Authority shall have the power to Whereas, the Village Council of the Next 130,000 cu. ft. ......... 1.00 per M alter, amend or revise the said existing Village of Brooklyn Center on the 9th Ne,t 140,000 cu. ft. ...... 1.00 per M ,rate in the manner provided in Subsection day of April, 1947, adopted an ordinance All over 300,000 cu. ft. .90 per 1\M! 3 (d), if the said existing rate is not in granting a franchise to the Minneapolis Gas The rates above specifier) are called accordance with the provisions of this or- Company, its successors and assigns, for "Block hates ". dinance. The right of the Company for tine manufacture, distribution and sale of Court review in such instance shall also in said Village for a period of twenty be the same as provided in Subsection years, and 1, The rates permitted by this ordinance, 3 W. except as to natural gas furnished indus- (f). The Company shall not charge, de- Whereas, meetings have been held be- trial customers, are for natural gas having mand, collect or receive a greater or less tween representatives of the Minneapolis a monthly average total gross heating value or different compensation for any service Gas Company and the Village Council of of not less than 950 British Thermal Units or similar service rendered, or to be the Village of Brooklyn Center relative per cubic foot, and shall continue, subject rendered, than the rates and charges to a revision of the franchise previously to adjustment as herein provided. applicable to such service in effect at the granted; and Bills shall be rendered at rates permitted time for consumers in the same class, nor by this ordinance; provided however, that shall the Company refund or remit in any as and conside ation ensatiton when a bill is not paid within ten (10) days manner or by any device any portion of P after a bill is delivered or mailed to a the rates or charges so specified. The for the rights and privileges herein granted, customer, the Company may charge, de• Company shall not offer, extend to, or has agreed to surrender its present fran- mand, collect and receive the amount there- accept from any person or corporation chise ordinance and has agreed, during the of plus ten per cent (10 %). The Company ally form of contract or agreement for term hereof, to continuously supply gas may require any consumer of gas to deposit service that is not regularly and uniformly service to the inhabitants of the Village, as with it a reasonable amount as security for applicable to all persons and corporations provided in this franchise ordinance, and payment of gas used or to be used b s has agreed to perform contractual obliga- consumer. The Company shall y said receiving the same xt like service. The om tions set forth in said franchise ordinance P Y Pay interest any ny rule shall not extend, afford or use on th and has agreed to pay to the Suburban hate e deposit at the rate of six per cent a rule or regulation, or any privilege (6 %) per annum. or facility that is not re u y and Authority for the use and benefit of the acuniformly y applicable to all persons and Village the amount provided in Section 18; (a). The said rates shall remain in force corporations receiving service under the and and effect and be adjusted from time to same or like conditions, except as pro - Whereas, the Village Council of the time, as hereinafter provided. In order to vided in Subsection 3 (a) hereof. Village of Brooklyn ('enter in cooperation avoid undue discrimination between us- Section 4. It is the purpose of this with other municipalities of tine suburban tomers the Company may, at the time speci. ordinance to insure that the consumer shall area, has determined that it is desirable fied in this section and subject to review pay only, a fair, just and reasonable rate and to the advantage of the consumers of in the same manner as is provided in said and that such rate will permit the Com - gas in the Village of Brooklyn Center that ordinance, adjust the Block Rates either by pany to make a reasonable return on the a new franchise should be granted by said changing the number and size of the blocks capital investment in the business, as hero Village to said Company upon the terms or by changing the price variation between inafter defined in this Section, under an and conditions expressed herein and that the blocks, or both, or by changing the rate economical and efficient management of the previous franchise hereinabove referred form, by submitting at the time of filing the same. to should be repealed and all rights 'and the adjusted Block Rates material and data (a). As used in this ordinance, "allow• privileges of the Company thereunder sur- supporting the desirability for such change able annual return" shall mean the amount rendered and cancelled except as herein- or changes and the reasonableness thereof, computed by ap lication of the "allowable after provided. Provided, the Company shall make a rate ate of return' to the "allowable rate base NOW, THEREFORE, THE VILLAGE structure study at least once in each five' ' COUNCIL OF THE VILLAGE OF years hereafter. Provided, further, that the Prov'i'sions he ons as defined ined in accordance with (the BROOKLYN CENTER DO ORDAIN Block Rates for any other tope of gas fur -' ei, (f) and (g). Subsections AS FOLLOWS: Dished in place of natural gas may be re- 00. The "allowable rate of return" Section 1. In this ordinance the terms vised by agreement between the Suburban hall be 6 r /_• 1 / during calendar years when "Municipality ", "Municipal Council" and Rate Authority and the Company, the C,mnpany's average cost of long-term the Viilge of CenterL un- Nothing herein shall prevent the Com- fit-ht .apital at the beginning of the cur - cil of the Village of Brooklyn Center and pony from establishing from time to time the Clerk of the Village of Brooklyn the rates hhereby n hereof tid i i lower rates than 1 rent year is not less than 3 Ya % nor area utility plant" shall be the sum of rate Center. If at any time the powers of he permitted, and, in addition greater than 4%%. Long -term debt shall 50% of the average original plant cost the Municipality, the Municipal Council tionfrom establishinconanen ths sec• consist of all debt due over one year including the current year net addition., �• the Municipal Clerk shall be transferred tion, fro B, changing or dis -' after date of issue. The average cost of less depreciation per books, computed on my other authority, board, officer or continuing load building, inducement or long -term debt shall he the weighted a monthly basis, and 50% of the "re -ers, then and in such case such autho- 'competitive rates, provided that such rates average effective cost of the outstanding i_uction cost new" plant as defined in Snb- y, board, officer or officers shall have shall be reasonable for consumers within long -term debt at the beginning of Le 1 our- sections (e) and (f), less depreciation. De- the rights, powers and duties herein re- different classes of service and that a lesser rent year. The effective cost of each debt preciation of the "reproduction ferred to or prescribed for the 'Municipal- rate to one class of consul cost new" mers shall not im -I issue shall be computed by dividing the plant shall Lie computed by the use of the, ity, the Municipal Council, and the Muni- s undue burden of cost upon con -1 Pose a p ers in other classes. product of the interest rate and principal ratio of the book depreciation reserve to sum cipal Clerk, respectively. , The Company I amount issued by the net proceeds of the the original plat gross cost, plus three (3)I The term "Company" shall mean the tract for the y shall have the right to con - issue. The net proceeds of an issue shad n percentage points. Minneapolis Gas Company, its successors gas for industrial use consist of the principal amount plus any and assigns, and the words "streets and on an interruptible basis, requiring the cus- premiums received, less anv discounts and The 50� weiebtin of to "reproduction public places" shall mean the streets, aye- tomer to have standby equipment for use issuance expense, and less call premiums cost new' g upon notice b P plant .hall be used as long as ivies, alleys, parkways, roads, squares, y the Company. The Com- uvhen any refunding of an issue results the Company's ratio of debt capital does parks, bridges, viaducts and public places pony's rules, reglations u, schedules or con- in a lower effective cost of debt. When• not exceed 60% at the beginning of the in the 1Municipality. � ra cts for curtaili ng interruptible gas ser- ever there is a decrease in the Company's current year, if it exceeds 60% the 50% The term "gas" as used herein shall be vice shall be uniform as applied to each average cost of long -term debt capital below wen htin of the ' re roduction cost new" held to include manufactured as, natural class of interrtible customers. i g p B 3'll qo o increase above 4 /a %, the plant will decreased one percentage gas, reformed natural gas, a mixture of i (b). The Block' Rates specified in this "allowable e rate of return" of 6?�s `10 shall point for every every one percentage point in- natural gas and manufactured gas, or other section shall remain in force and effect be decreased or increased b 50% of such crease in the debt capital ratio above 60S form of gaseous energy. until January 31, 1963. In the month of decrease or increase. Thereafter, any contra In such event the 50% weighting of the The term "one thousand cubic feet" of January, 1963, and thereafter in the month move in the averse cost of long -term debt original plan gas where used in this ordinance is 1,000 of January of each year during the remain- capital will require the reverse adjust- each percentagge cult will be increased by cubic feet of gas measured at temperature ing Period covered 'by this ordinance, the) merit in the "allowable rate of return ". No "reproductioncost is decreased. and pressure existing at the point of met er Company shall decrease the Block Rates, change in the "allowable rate of return" ing, or, when corrected, at 60° F and 14.5 and may increase the same, sufficient to shall be made unless the decrease or in- (e). "Reproduction cost new" shall con - pounds per square inch, absolute. pernnt and enable the Company to realize crease in the averse cost of long -term debt sist of the sum of the followin amounts: Actual Net Eearnin g 8 The term `suburban area" shall include 8s equal to the Allow- capital shall equal at least 1/10 of one (1) The original cost at the begin- the cities of Bloomington, Columbia able Annual Return, as provided for in Sec- percentage point, and in no event shall ring of the preceding calendar year of Heights, Crystal, Fridley, Hopkins, Rob- tion 4, for each calendar year of said re- the decrease or increase in the "allowable all plant classified as Intangible Plant, binsdale, St. Louis Park and Wayzata; the training period. ! rate of return" be other than in multiples Land and Land Rights, and General villages of Brooklyn Center, Brooklyn Increases or decreases in the Block Rates of 1120 of one g point. Plant, excluding Structures and Im- y to be made at or about the end of each of (c) + The "allowable rate base" shall be provements Park, Deephaven, Eden Prairie, Edina, Ex- the above mentioned calendar celsior, Golden Valley, Greenwood, Hilltop, be based u years shall the sum of the "fair value of the suburban (2) The original cost at the begin Maple Grove, Minnetonka, Morningside,. Pon forecasts for the ensuing area utilit Hope, Osseo, Plymouth, Richfield, St. calendar year of the rates required to per. Y plant" used and useful in the Wing of the preceding calendar year t mit and ble the Com public service provided in Subsections of all other plant trended to reflect the ena pang to realize Ac. Anthony, Shorewood and Woodland; and (d), (e) and (f f ) and s past unabsorbed d P eficiencies workin cap as Handy-Whitman Index of Public Util- the area of Fort Snelling, Other munici- tual Net Earnings during said calendar year B P palities or area adjacent to or near the sufficient to produce the Allowable Annual trfbu Provided in Section 5, less average con ity Construction Costs (North Centrtt City of Minneapolis or the "suburban area" Return lu cash a of July 1 prior to th e agflee cash h in aid of construction and aver-, Di advances for construction, as re•' vision) current calendar year. Each plant ac- may be included ill the "suburban area" therein, or less Past unabsorbed overages' eted on the Company's books. count shall be trended by use of the for rate - making purposes, subject to the, therein, as the case may be, hich may (d). The 'fair value of the suburban following ndexes: provisions of Section 12. occur after January 1, y„ 1963, w under the 8 terms of this ordinance. The term "Suburban Rate Authority Company shall file with the Subur Plant Account Index shall mean an organization consisting of ban Rate Authority, on or before January All Manufactured Gas Production Plant Total Construction and Equipment one member appointed by the Municipal 10 of each year, the aforesaid forecasts, to -, excluding Land and Land Rights (Manufactured Gas) Council of each Municipality in the subur- geth'er with the Block Rates which are pro - ban area adopting this ordinance and exist- Posed to be effective on bills rendered after Distribution Plant ing for the purpose of administering the January 31 of that year. Structures and Improvements Structures and Improvements rate provisions of this ordinance. It is em- Provided, however, in order to minimize- Mains—Steel N,ains —Steel powered to employ consultants and others or prevent excessive fluctuations in the \lains --Cast Iron \lairs —Cast Iron and shall adopt such rules, regulations and Block Rates, the Company may addition - ]'Limping and Regulating Equipment Mechanical Equipment exclusive of Gas bylaws as will enable it properly to per- ally once during a calendar year, but not holders form the functions herein provided for. prior to July 15 thereof, adjust the Block'. Services Services Section 2, There is hereby granted to Rates in the same manner as provided above Meters Meters Minneapolis Gas Company, its successors for the adjustment of said Block rates at deter Installations Meter Installations and assigns, for a period extending to Jan- or about the end of each calendar year. ]louse Regulators (louse Regulators nary 1, 1983, from and after the accept- In making increases or decreases in the (louse Regulator Installations [louse Regulator Installations an cc of this ordinance by the Company, Block Rates hereunder, fractions of one. - Other Property on Customer's Structures and Improvements and waiver of rights by said Company re- half (3 cent or more shall be counted' Premises "uired by Section 27 hereof, and subject as one cent and fractions of less than one.. General Plant Structures and Improvements the terms, conditions and limitations half (bz) cent shall be disregarded so far! Structures and Improvements .gin stated, the right to manufacture, im• as the current period is concerned. h ort, transport, sell and distribute gas for (c). The Company agrees not to make eating, illuminating and other purposes any change in rates permitted or required within the limits of the Municipality as by this ordinance either by altering the the boundaries thereof now exist or as they classification thereof, or otherwise, until may be extended in to future, and for that after twenty (20) days' notice of any purpose to establish the necessary facilities change has been given to the Suburban and equipment and to maintain a manufac- Rate Authority. Such notice shall be deem. turing plant, gas mains, service pipes and ed to have been given when a written state - any other appurtenances necessary to the ment of any change, or changes, in such manufacture, sale and distribution of gas rates, signed by the Company, shall be, in and along the streets and public places filed with tine Suburban Rate Authority. of said Municipality, and to do all things The Company shall furnish such informs- , which are reasonable, necessary or custom- tion, reports and statements relating to ary in the accomplishment of this objec- any -such changes which may be required tive, subject, however, to the further pro- by the Suburban Rate Authority. Any visions of this franchise. Provided, how- change in rates made pursuant to the eve Company r, that before said Com shall estab• terms of this ordinance shall made ef- lish any plant in said Municipality for the fective as soon as practicable after er the ex- manufacture of gas, the approval of the piration of each calendar year, subject to Municipal Council of the location thereof, the proviso in Subsection 3 (b). Provided, in the exercise of a reasonable discretion by that before any rate established by the said Council, shall be first obtained by said Company for any new class of consumers Company. shall become effective, the Company sballl give ten (10) days' similar notice to the Suburban Rate Authority of the establish- ment of said rate, which may be altered, amended or revised within ten (10) days thereafter as in this section provided. The filing of any notice with the Suburban Rate Authority, ac required by this ordi- nance, , hall be deemed notice to this muni- cipality. Any new Plant Account which may amount determined as follows: Company, a corporation organized under the In cases where streets are at final width Section 2,. Except as herein otherwise hereafter be established shall be trended As used in this ordinance, "working cap- laws of the State of Delaware, the pre- and grade, and the Municipality has in- s ecifically provided, whenever notice is to in accordance with the appropriate ital" shall mean an amount applicable to decessors of the Company and such books,, stalled underground sewer or water mains 1 Handy - Whitman Index. the suuurbn a area for the calendar year records and accounts shall at all reasonable' and service connections to the property lined w given the Company, such notice President, Vice c (3) The original cost of the gross of 1963, and for each calendar g p permanent writing, add the to the' plant additions, less retirements, install- after, equal to the annual average funds by the Suburban Ra year there- times be open to inspection and examination abuttin the streets rior to a President , Secretary or Treasurer of th te Authority, ed in the preceding calandar year, invested by the Company during such cal- vided in Section 6, in respect to the as pro- paving or resurfacing of such streets, and books, the Company's main is located under such Company and delivered at the Minneapolis n records and accounts of the Company. street, the Company may be required to office of the Company shall be service of (4) The original cost of the gross endar years in materials and supplies o slant additions, less retirements, in- hand, merchandise accounts receivable, re- The Company sball set up, keep and install gas service connections prior to such such notice; and whenever notice is to be stalled during the current calendar year payments and deferred charges P maintain at all times at its general offices,, given to the - Municipality, such notice, in g p y g properly paving or resurfacing whenever it is ap- writing, addressed to the Municipal Clerk av¢ragged on a monthly basis. chargeable to operations, plus a cash fund accurate books of account, showing amoreg . barent that gas service will be required and delivered ss his office, shall be service (f), At the end of each five-year in- equal to ten (1Ut days' average daily open- other things as nearly as may be the actual during tie five years following the pavinp� o f such notice; and whenever notice is to terval the construction cost trends expert• atmg expenses and taxes, plus one - eighth original cost of the property owned by the or resurfacing. enced by the Companv since the adoption (%) of the annual operating expenses and Company within the suburban area. For S 17. All mains, services, governors' be given to the Suburban Irate authority, of this ordinance shall be compared with taxes, less credits for the annual average this purpose, the books and records of the and other property and facilities shall be ( Suburban notice, to writing, addressed authority and delivered to to such the appropriate Handy - Whitman Index, If, of accrued taxes and purchased gas accounts predecessor companies (Minneapolis Gas so located, constructed, installed and main- s Rate office after such comparison, the difference be, payable. Light Company of Minnesota and Minne• tained as not to endanger or unnecessarily governing body, , shall be servic o such tween the Handy - Whitman costs and the The working capital computed in accord• 'aPolis Gas Light Company of Delaware) interfere with the usual and customary notice. Company's experience is 15 %, or less, of ance with the foregoing formula shall be may be used without prejudice to the Sub- trade, traffic and travel upon the streets Section 26. ,\n ordinance entitled "Grant - the total "reproduction cost new" plant, the included in the allowable rate base as urban Rate Authority in any proceeding and public places of the Municipality. The in to Minneapolis Gas Light Company, its Handy - Whitman Index costs will be used provided in Subsection 4(c). where the actual original cost may be an Company shall keen and maintain all of its % d n successors and assigns, the right for the succeeding five years. If the dif• Section 6. The Company shall file with issue. All property added shall be entered properh• in good condition, order and re- all(] - dis % ference exceeds 15 , the parties agree to the Suburban Rate Authority printed sched- on the books at its actual original cost, pair, so that the same shall not menace or facture, import, transport, sell a a a n adjust the Handy - Whitman costs to reflect ules which shall be .kept open for public Section 12. The Company agrees to lay endanger the life or property of any Center and to u se the streets, avenues and per• tribute gas for heating, illuminating and Company experience, inspection, showing all rates, charges, com- such of its mains and pipes as come within son. The Alunicipality shall have the right other purposes lit the \tillage of Brooklyn pensation, forms of contracts or agreements its requirements for service as soon as to inspect and examine at any reasonable Hereof for that purpose." passed on In the event the Handy - Whitman Index, made, established or enforced or to be reasonably possible to do so. The Company time the u•operty owned or used, in part alleys of Public Utility Construction Costs (North enforced with customers" in the suburban' shall give reasonable notice to the municipal or in whole, by the Company for the pur• the 9th day of April, 1947, is hereby re- Central Division), or its successor, is no area, together with all rules and regulations, engineer of plans to lay mains in any part ,pose of manufacturing, distributing, fur- Pealed. longer available, another similar Index, relating to rates, charges or services ten- of the .Municipality. The laying of such nishing or selling pas in the suburban Section 27. This ordinance shall be null mutually agreeable to the Company and the dered or to be rendered and all privileges mains shall not unduly interfere with estab- area. and void unless the Company shall, after Suburban Rate Authority will be used. allowed and facilities afforded by the Com- lished municipal planning. Extensions of the publication thereof and prior to April 1, (g). As used in this ordinance, "Actual pany to its customers in the suburban area. service beyond the borders of the suburban Section 18. The Company agrees to pay 1963, file with the Municipal Clerk a writ - Net Earnings" of the Company shall con- The Suburban Rate Authority shall have area as herein defined shall not collectively Ito the Suburban Rate Authority, effective ten acceptance of the same and an agree - sist of the balance remaining after deduc• the right at any reasonable time to inspect, cast any undue burden on the customers in January 1, 1963, not less than $30,000.00 went on its part, signed and acknowledged ting from the gross revenues of the Com• examine and audit the accounts, books, said suuurban area. per year to be allowed as an operating in its behalf under its corporate seal by pany from the manufacture, purchase, mix- records, reports, contracts, documents and Section 13. The council of the Municipal- expense to the Company and which shall its duly authorized officers, to surrender ture, transportation, distribution and sale papers of the Company. The said' Subur- it shall have the right to make such rea- be used to secure 'compliance with this ordi - P Y• Y g all rig{tts and privileges under the ordi - of gas sold in the said suburban area dur- ban Rate Authority may appoint or it ig sonable rules and regulations as may be Dance, and for such other purposes relating Dance described u, Section 26, and to cony in the calendar year of 1963, and each Date the person or persons to make such necessary to provide adequate and proper to the Company's purchased gas costs and ply with abide by keep and perform all calendar year thereafter, the following op- inspection, examination or audit. service, The Municipality shall have the'. gas supply as the Suburban Rate Authority of the terms, conditions an requirements erating and maintenance costs and expenses Section 7. The Company shall at all times power to provide for the inspection, exam•' shall deem necessary. The amount of such herein contained upon its part to be com - connected with the manufacture, purchase, keep, maintain and preserve for the sub• oration and ascertainment of the accuracy annual payment shall be subject to pus• plied with or performed, and that the Com- mixture, transportation, distribution and urban area proper and accurate engineering, of any and all gas meters used or intendedsible revision by the Suburban Rate 'Au- pany will not contest the validity of this sale of gas sold in the said suburban area accounting, financial and statistical records, to be used for measuring and ascertaining thority and the Company, not oftener than ordinance or of any rate or rates which during such calendar periods: relating to the construction, cost, mainte- the quantity of gas supplied by the Com• once m five (5) years, if mutually agreed are in accordance with the terms hereof. (1) Production Expenses, including Dance void operation of its property which pany and to inspect, examine and ascertain to- except as herein expressly provided. costs of purchased gas; at all times shall show correctly and in ;the accuracy of recording pressure gauges Section 28. The expense of the publica- (2) Distribution and Utilisation Ex- detail all its financial transactions, includ- ' and of all apparatus for testing and prow Section 19. The Company shall at all lion of this ordinance shall be paid by the penses; in all of its receipts and disbursements in the accuracy of as meters. times provide and furnish an adequate, (3) Customers' .Accounting and Col- and the particulars thereof, and all data section 14. The Company shall not open safe and continuous supply of gas to the °mpany. lecting Expenses; needful for the preparation of the state• or disturb the surface of any street orl Municipality and its inhabitants, subject, (4) Sales Promotion Expenses; ments and reports hereinafter provided for. public place for any purpose without tirst, however, to the further provisions of this Section 29. If this ordinance is not (5) An item to cover Administra• The Company- shall, each month prepare having obtained a permit so to do from th The Company sells and distributes aded by March 1, 1963, by municipal - tive and General Expenses' which shall and file with the Suburban Rate authority proper Municipal officials, for which permit I gas throughout its entire distribution sys- ales in w C hich 66%i % of the customers of be the just, fair and reasonable cost to the following: s Ithe Alunicipality may impose a reasonable rem. The natural gas distributed by the the Company in the suburban area are the Company of all of the sub - accounts (a) A detailed statement of all assets' fee to be aid U the Company. The mains, ompany is furnished by the t» peline Sys• located, the Municipal Council may revoke that are included in such Administra- and liabilities of the 'Company as of the I services and other property placed in the tin owned and operated by No-tbern Nat• the same. The Company agrees to file with tive and Gene Expenses, but the ag- I close of the preceding month; ( streets and public places pursuant to such ,ural Gas Company, a "natural gas com- 'the Municipal Clerk on or before Alarch gregate of Administrative Salaries" (b) A detailed statement showing source' permit shall be located in the streets or ''any ' under the Federal Natural Gas Act, 15, t963, a sworn statement showing the and "General Incidental Expenses" 1 and application of revenues of the Company vhieh �uhieetid Nth N Gas p y portion of the streets and public places as , said or er» gta total number of customers in the suburban classified as in the present practice of from the sale of gas and of by- products: shall be designated by the Municipality.: area and the total number of customers the Company in these accounts shall and from all other sources for the preceding', The Company shall, upon completion of - ' in municipalities in which the ordinance not exceed in any calendar year three � month and year, up to and including the- any work requfr]ng the opening of any (.onipanv to the jurisdiction of the. Federal has been adopted. 1f this ordinance is per cent (3%s) of the annual gross preceding month; also all expenditures of �strect or public place, restore the same, bower Commission. revoked the provisions of this ordinance revenue, including contributions, gratu- the Company during said year; all divi- including the paving and its foundations, ' The Company shall not be liable to the shall ,)c without prejudice to either party ities and donations not to exceed three- dends and interest paid; the cost of all to as good condition as formerly, and sb(1ll Municipality or its inhabitants, nor shall in any subsequent proceeding. tenths of one per cent (3110 of 1 0 1e) materials used in the manufacture of gas, exercise reasonable care to maintain the the -Municipality, or an inhabitant who is Section 30. Three years after January 1, of the annual gross revenue. all operating expenses, taxes and salaries; same for two (2) years thereafter in good a customer of the Company, be liable to 1963, either the Company or the Suburban (6) All taxes and governmental im• the cost of all repairs and of all property, condition. Said work shall be performed the Company hereunder by reason of thel Rate Authority may request a review of the positions of every nature actually paid real or personal, by it purchased, acquired, with due diligence and if the Company failure of the Company to deliver, or of question of whether the rate formula con - y the Company directly to govern- constructed or installed; said statements shall fail promptly to perform and com- tit, Municipality or a customer to receive, tamed in Sections 4 and 5 accomplishes mental tax collecting agencies or ac• shall be so prepared as to show the net pplete the work, to remove all dirt and rub- natural gas as a result of acts of God, or the purpose expressed in the first sentence trued in accordance with general ac- income of the Company from its regular bish and to put the street or public place the public enemy, inability of pipeline sup- of Section 4. Such review may be initiated ceptable accounting principles. Any tax business and from all other sources and in good condition, the Municipality shall plier to furnish an adequate supply due by making a written request therefor to other than an ad valorem tax which the use or disposition of said income. have the right to put the street or public to an emergency, an order or decision of the other party during the month of Jan- may hereafter be lawfully authorized The Company shall also, from time to place in good condition at the expense of a public regulatory body or other acts be-! nary, 1966. Thereupon, the Suburban Rate and thereafter separately imposed by time, furnish monthly operating and finan- the Company; and the Company shall, upon yond the control of th ' e party affected. Authority and the Company shall review any municipality shall be added only , to vial reports and such other information, demand, pay to the Municipality the cost Whenever any of the occurrences namedl and discuss such question with each other, the bills of the customers within such reports and statements regarding its prop -, of such work done for or performed by the above take place, the Company shall have) thoroughly and in good faith, for a period municipality. erty and business, and the conduct thereof, Municipality, together with ten per cent the right and authority and it shall bet not to exceed six months. Any change in as the Suburban Rate Authority may re- (10%) additional as liquidated damages. its duty to adopt reasonable rules and regu -I said rate formula shall be prospective in (7) An annual allowance, beginning quire. All information, reports and state• Notwithstanding the foregoing provisions of lations in connection with limiting, curtail- operation only and shall be made by amend - January 1, 1963, for depreciation of merits furnished to the Suburban Rate All- this section, the Company may open and ing or allocating extensions of service or orient to Sections 4 or 5. Any such amend - depreciable,property owned by the Cont- thority by the Company shall be certified disturb the surface of any street without supply of gas to any customer or prospec• ment to be effective must be adopted be- pany and used and useful in rendering by the President, Secretary or other proper a permit where an emergency - exists requir- live customer, and withholding the sup- fore December 1, 1966, by municipalities in gas service in the suburban area for officer of the Company. ing the immediate repair of a pas main lyin of gas to new customers, provided which 66 % r/ of the customers of the each calandar year during the term of Section 8. The provisions of this ordi- or gas service. The Company in such event that such rules and regulations shall be Company in the suburban area are located this ordinance of An amount designed Dance relative to allowable annual return, will request a permit not later than the uniform as applied to each class of cus• and accepted in writing by the Company to recover the original cost of such allowable rate of return, allowable rate base second working day thereafter. tomers; classifications of customers shall in the form provided in Section 27 prior depreciable property over the estimated and accruing annual depreciation rates fixed Section 15. Whenever the Municipality be reasonable and shall be nondiscrimin- to January 1, 1967. In the absence of any average service -life of each group of under the provisions hereof and other re- shall grade, regrade or change the line of story as between municipalities in the such amendment, so adopted and accepted, property on a straight -line basis, com- tin the prov be considered as r re- a ny street or public place or construct or suuurban area, the rate formula contained in Sections 4 linter! by application of the annual de- reconstruct any sewer or water .system ded be. and 5 shall be and remain in effect during tions hereof, but no such provisions, nor P reciation rates, now used by the Com- any matter, fact or thing herein contained ',therein and shall, in the proper exerci If service is temporarily suspended se cause of any of the reasons set forth above, the balance of the term of this franchise. pany in recording depreciation on the shall be construed as an admission either of its police power, and with due regard occurring through no fault or negligent Section 31. If any section, paragraph, sub - books cost of the pertytracludednm by the -Municipality or t Company in Company o pe manently ts older ma ns, act on the part of the Company, such sus Dance shall adjudged d or each of the major raperty elassidin connecti with any proceedin for the services and other property located in said Pension shall not oe made the basis of any stitutional, the sameshall not affect the p :acquisition of the Company's property, or proceed of to terminate this fran- tions and properly chargeable to depre- any part Utereof, under eminent domain or, street or public Place, the Company shall chise. The action or pro ceed of the gas sold in the validity of this ordinance as a whole, or ciation expenses. Provided, however, P relocate its facilities at its own ex p ense. In suburban area shall be the same as that any part or provision, other than the part condemnation roceedin g s, or i connection such annual depreciation rates may be y construing this paragraph, the obligation of sold to the Company's customers in the so decided to be invalid or unconstitutional. With an proceeding for the valuation of revised periodically so as to reflect all y ' proper[ or any part there- the Company to relocate its facilities shall Section e This ordinance shall take n - the Compan s y, City of Minneapolis. factors bearing on the amount designed of, during or after the termination hereof, be as applicable to water systems as it is fact and be lit force from and after Jan - to recover the original cost of such de- or in connection with for to sewer systems. The Municipality shall, The pressure at which gas is supplied teary 1, 1963, and after its publication and proceeding preciable property over its estimated the fixing of rates after any the termination give the Company reasonable notice of and the method and manner of testing the its acceptance by the Company subject to aysrage service•life; hereof, to any of which proceedings the plans to grade, regrade or change the line heating value, gtiality, purity and pressure the provisions of Section 29. 48) .1411 other actual and proper AMunicipality shall be a party. of any street or public place or to con- of the gas supplied, shall be in accordance passed the 25th day of February, 1963. classes of maintenance and operating struct or reconstruct any sewer or water with accepted national standards. /s/ GORDON Al. ERICKSON Section 0. The Company expenses of the Company; ex P Section 9. In determining "allowable an- system therein. shall indem- Ma y or y Dual return,' "allowable rate of return" The Company may be required to telo- nify, keep and hold the Municipality free Attest: (9) An item to cover taxes, deprecia• lhereof , the books and records of the Com- and "allowable rate base" under Section 4 care its facilities at its own expense where and harmless from liability on account of HENRY A. DOLFF, Clerk return on any plant not in- lion and , grade changes are made by the Municipal- injury or damage to persons or property (Published in The Brooklyn Center eluded in the suburban area Allow- pany, and its predecessors, made and kept r improved f ity oproved drainage or improved able Rate Base, but which is used and I rior to the assa a of this ordinance, shall growing out of the negligent construction, Press, March 7, 1963). useful in rendering I public service Le u s necessary in applying sed insofar a traffic conditions, provided, however, if a maintenance, repair and operation of its therein. A credit item (deduction from said Section 4. subsequent relocation or relocations shall property, and in the event that suit shall expenses) to cover taxes, depreciation Section 10. The books of account shall be ordered within ten years from and after be brought against the Municipality either and return on an -ant included in gusted the first relocation the - Iunicipality shall inde endently or jointly with the Company Y contain an account that may be desi on reimburse the Company for such non• on account thereof, the Company, up the suburban area allowable rate base, ; as Reserve for Depreciation of Utility' notice to it by the Municipality, sha but which is proper- ll, allocable to ren• 'Plant," or similar tern-, which shall show betterment relocation expense which the y Company may incur on a time and mate- defend the Municipality in any suit at the dering service outside the suburban I at all times as nearly as may be the unex- rial basis. Provided, however, nothing in cost of the Company, and in event of a area, subject, however, to the provi- tended or unused balance of accumulated this ordinance contained shall deprive the final judgment being obtained against the sions of Section 1. charges to operating expenses on account of 'Company of its rights under Section 161.46, either independently or joint- (10) Annual allowance for amortize• de pre replacements, renewals or re- g - Municipality, tion of extraordinary p roperty losses re- P I- iinnesota Statutes. ly with the Company, the Company shall p P tirtments. When any property is abandoned ! Nothing contained in this section shall' a such judgment with all. costs and hold, suiting from change in type of gas, or removed, withdrawn, retired from, or is P Y unusual obsolescence or unforeseen not used and useful , the public service require the Company to remove and re the ,Alunicipality harniless theretroni. i era damage. p i place its mains or to cut and reconnect' Section 21. Nothing herein shall be con property Y $ for any casee, the actual original cost shall 'i Appropriate items may be amortized or be credited to the appropriate capital ac- 'its service pipe running from the r?tain to strued to limit the right" of the Municipal - accrued accordin to seta red accountin P the customer's premises at its own expense it to acquire the property of the Company g p i % count, and such amount lus the cost in• Y 4 practice and except as otherwise provided cidental to said abandonment, removal, where the removal and replacement or cut- under any act of the legislature now or in this ordinance for specific items, the withdrawal or retirement shall be charged ting and reconnecting is made for the hereafter existing, nor under any provisions actual experience of the Company shall be to said reserve, subject, however, to the purpose of a more expeditious operation o f law now existing or hereafter adopted. the determinin factor in support of the Th for the construction or reconstruction of In the event the Municipality should desire g provisions of the foEwiiig paragrap), s amounts and rates of amortization or ac• salvage value received and any other said sewer or water Y stem; nor shall any - to acquire the property of the Company by crual for such items, as such experience amounts recovered from said property shall thing contained herein relieve any person, the exercise of eminent domain, as herein gives a definite guide. be credited to said reserve. persons or corporations from liability arising set forth, the Company agrees that its value All expense items, whether charged di- When a substantial segment of the Com- out of the failure to exercise reasonable for the purpose of such a cquisition shall rectly and entirely in a calendar year or care to avoid injuring the Company's facil• not include an amount for the value of Amortized or accrued over a Ion er period, pany s utility property is required to be ities while performing any work connected y privilege, franchise or grant $ abandoned and retired from service because g any right, privil all revenue items and all balance sheet gas, or unusual oU• with grading, regrading or changing the from the State of Minnesota or the Munici- of change of type of street or public place or with items shall be, at all times, recorded by solescence, or unforeseen property damage line of any pality, For good will, or for future Profits, the Company in substantial accordance with and such property is not fully covered by the construction or reconstruction of an y and that in determining said value no re- the Uniform stem of Accounts for Gas S sewer or wattem. Y the depreciation reserve or other reserves water sys gard shall be had to the amounts of stocks, Utilities of the National Association of or by insurance, then the unrecovered bal• Where the Municipality orders the Co ' n ' bonds and other obligations of the Com - Railroad and Utility Commissioners, except ance of such property shall be credited to pany to relocate any of its facilities, the pany . as otherwise provided in this ordinance and epreciation reserve or other appropri• Company shall proceed with such reloca• Section 22. The rights and privileges except that installment and carrying charges ate reserve and be charged to a deferred lion. I the d f such relocation is done without an hereby granted are not exclusive and the will be credited to gross merchandise sales. charge account designated as "Extraordi• agreement first being made as to who shall Municipality expressly reserves the right to The allocation of the Company's nary Property " Charges to said de• pay for the relocation cost, such relocation rant like rights and rivileges to other ing expenses and Plant within a o erad without ferred charge osses. % account shall be amortized of the facilities by the Companv shall not Persons or corporations. P rh oin any o sub in accordance w urban area shall be made by the b charges to operating expenses as pro- be construed as a waiver ,of its right to Section 23. If the Company shall be in Cith a formula y be reimbursed for the relocation cost. If default in the performance of any of the p vided for in Section 4. the Company claims that it should be re- material terms and conditions of this ordi - that reasonably reflects the costs as they occur for rendering service within and If the original cost is not shown by the imbursed for such relocation costs, it shall Dance and shall continue in default for without the said area. Any change in such books' and records of the Company or its notify the :Alunicipality within ten (10) more than ninety (90) days after receiving formula made in any rate filing will b predecessors, such amount shall be esti• days after receipt of such order. notice from the Municipality of such tie - soecifieally referred to in a separate com• mated and a record shall be made by the Section 16. The Municipality shall give fault, the Municipal Council may, by ordi - munication filed with the Suburban Rate Company showing the facts upon which 1 the Company reasonable written notice of Dance duly passed and adopted, terminate Authority at the time of the rate filing, said estimate was based, the manner in plans for street improvements where pay- all rights granted under this ordinance to When there is a balance in the account which it was determined and the person ing or resurfacing of a permanent nature the Company. The said notice of default for cumulative overage in excess of the by whom it was made, grid said estimated is involved, which notice shall contain the shall be in writing and shall specify the allowable return, such balance shall be amount, together with removal costs and nature and character of the improvements, provisions of this ordinance in the per - credited with interest computed at the cur• salvage value, or other amounts received or the streets upon which the improvements formance of which it is claimed that the rent prime interest rate. Net refunds (after recovered from said property, shall be ac- Tare to be made, the extent of the improve - Company is in default. Such notice shall taxes) from any supplier shall be credited counted for in the manner as hereinabove ments and the time when the Alunicipality be served in the manner provided by the to such account. Overages in such account provided. is going to start the work, and, if more laws of Minnesota for the service of a may be used, U mutual agreement, in such Section 11. The Com avc shall at all than one street is involved, the order in summons and complaint in a civil action. Y g which this work is to proceed. Paving or The reasonableness of any ordinance' so manner as will minimize or prevent violent times keep, maintain and preserve all t:,e resurfacing of a permanent nature refers fluctuations in rates, notwithstanding the books, rtcords and accounts of thr \lit:ne" passed declaring a forfeiture of the rights provisions of Subsection 3(b). , Cgs Light Company, a corinn..,im ,only to Portland cement concrete or high and privileges granted by this franchise Section 5. The Company shall be entitled org anized under the laws of the State »; 'type bituminous concrete. ordinance shall be subject to review by a to fair and adequate working capital in an \Minnesota, and the - [inneapoh. Ga. I,i The notice shall be given to the Company court of competent jurisdiction. a sufficient length of time, considering - seasonable working conditions, in advance Section 24. Any change of the form of of the actual commencement of the work government of the Municipality as author - to permit the Company to make any addi- ized by the State of ;Minnesota ,shall not tions, alterations or repairs to its facilities affect the validity of this franchise. Any deemed necessary by it, municipal corporation succeeding the \lu- uicipality shall, without the consent of the Company, succeed to all the rights and obligations of the Municipality provided in this franchise.