HomeMy WebLinkAbout870 - ADMIN Ordinance - City Council - 1963/02/04•
CITY OF ST. LOUIS PARK, MINN.
870
UNIFORM SUBURBAN FRANCHISE
FOR
MINNEAPOLIS GAS COMPANY
November 9, 1962
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870
AN ORDINANCE
GRANTING TO THE MINNEAPOLIS GAS COMPANY, A
CORPORATION ORGANIZED UNDER THE LAWS OF THE
STATE OF DELAWARE, ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO USE THE STREETS AND PUBLIC PLACES
IN THE CITY OF ST. LOUIS PARK FOR THE CONSTRUC-
TION, MAINTENANCE AND OPERATION OF A SYSTEM OF
MAINS, PIPELINES AND OTHER FACILITIES FOR THE
MANUFACTURE, DISTRIBUTION AND SALE OF GAS, SUB-
JECT TO CERTAIN TERMS AND CONDITIONS, AND PRE-
SCRIBING THE RATES TO BE CHARGED THEREFOR, AND
REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES„
INCONSISTENT HEREWITH.
Whereas, the Minneapolis Gas Company, a corporation organ-
ized under the laws of the State of Delaware, owns property used
and useful in the manufacture, distribution and sale of gas in
the City of St. Louis Park and is operating said property in said
City; and
Whereas, the Village Council of the Village of St. Louis
Park on the 22nd day of December, 1947, adopted an ordinance grant-
ing a franchise to the Minneapolis Gas Company, its successors and
assigns, for the manufacture, distribution and sale of gas in
said Village for a period of twenty (20) years, which said fran-
chise was amended August 28, 1950, and is now effective in the
said City; and
Whereas, meetings have been held between representatives
of the Minneapolis Gas Company and the City Council of the City
of St. Louis Park relative to a revision of the franchise previously
granted; and
Whereas, the Minneapolis Gas Company, as and for
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consideration and compensation for the rights and privileges herein
granted, has agreed to surrender its present franchise ordinance
and has agreed, during the term hereof, to continuously supply
gas service to the inhabitants of the City, as provided in this
franchise ordinance, and has agrees: to perform contractual ob-
ligations set forth in said franchise ordinance, and has agreed
to pay to the Suburban Rate Authority for the use and benefit of
the City the amount provided in Section 18; and
Whereas, the City Council of the City of St. Louis Park in
cooperation with other municipalities of the suburban area, has
determined that it is desirable and to the advantage of the con-
sumers of gas in the City of St. Louis Park that a new franchise
should be granted by said City to said Company upon the terms and
conditiogs expressed herein and that the previous franchise herein-
above referred to should be repealed and all rights and privileges
of the Company thereunder surrendered and cancelled except as herein-
after provided.
NOW, THEREFORE, THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. In this ordinance the terms "Municipality",
"Municipal Council" and "Municipal Clerk" shall mean respectively,
the 'City of St. Louis Park, the Council of the City of St. Louis
Park and the Clerk of the City of St. Louis Park. If at any
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time the powers of the Municipality, the Municipal Council or the ti
Municipal Clerk shall be transferred to any other authority, board,
officer or officers, then and in such case such authority, board,
officer or officers shall have the rights, powers and duties here-
in referred to or prescribed for the Municipality, the Municipal
Council and the Municipal Clerk respectively.
The term "Company" shall mean the Minneapolis Gas Company,
Its successors and assigns, and the words "streets and public
places" shall mean the streets, avenues, alleys, parkways, roads,
squares, parks, bridges, viaducts and public places in the
Municipality.
The term "gas" as used herein shall be held to inclkde
manufactured gas, natural gas, reformed natural gas, a mixture of
natural gas and manufactured gas, or other form of gaseous energy.
The term "one thousand cubic feet" of gas where used in
this ordinance is 1,000 cubic feet of gas measured at temperature
and pressure existing at the point of metering, or, when corrected,
at 60° F and 14.5 pounds per square inch, absolute.
The term "suburban area" shall include the cities of
Bloomington, Columbia Heights, Crystal, Fridley, Hopkins, Robbins -
dale, St. Louis Park and Wayzata; the villages of Brooklyn Center,
Brooklyn Park, Deephaven, Eden Prairie, Edina, Excelsior, Golden
Valley, Greenwood, Hilltop, Maple Grove, Minnetonka, Morningside,
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New Hope, Osseo, Plymouth, Richfield, St. Anthony, Shorewood and
Woodland; and the area of Fort Snelling. Other municipalities or
area adjacent to or near the'City of Minneapolis or the "suburban
area" may be included in the "suburban area" for ra e -making pur-
poses, -,subject to the provisions of Section 12.
The term "Suburban.Rate Authority" shall mean an organiza-
tion consisting of one member appointed by the Municipal Council
of each Municipality in the suburban area adopting this ordinance
and existing for the purpose of administering the rate provisions
of this ordinance. It is empowered to employ consultants and
otheers and shall adopt such rules, regulations and bylaws as will
enable it properly to perform the functions herein provided for.,
Section 2. There is hereby granted to Minneapolis Gas
Company,,its successors and assigns, for a period extending to
January 1, 1983, from and after the acceptance of this ordinance
by the Company, and waiver of rights by said Company required by
Section 27 hereof, and subject to the terms, conditions and limita-
tions herein stated, the right to manufacture, import, transport,
sell and distribute gas for heating, illuminating and other pur-
poses within the limits of the Municipality as the boundaries
thereof now exist or as they may be extended in the future, and
for that purpose to establish the necessary facilities and equipment
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and to maintain a manufacturing plant, gas mains, service pipes
and any other appurtenances necessary to the manufacture, sale
and distribution of gas in and along the streets and public places
of said Municipality, and to do all things which are reasonable,
necessary or customary in the accomplishment of this objective,
subject, however, to the further provisions of this franchise.
Provided, however, that before said Company shall establish any
plant in said -Municipality for the manufacture of gas, the approval
of the Municipal Council of the location thereof, in the exercise
of a reasonable discretion by said Council, shall be first ob-
tained by said Company.
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If the right or privilege to manufacture, purchase,
transport, mix, distribute or sell gas in annex'd territory, shall
be owned or con_ 'lied by the Company at the date of annexation,
said right or privilege shall, from and after the date of annexa-
tion and during the balance of the term hereof, be exercised and
controlled by the provisions of this ordinance. The Company agrees
to manage its plent and operations in a reasonably efficient and-'
economical manner. The Company also agrees to use due diligence
in the matter of the issuance of long-term debt to assure reason-
able cost of such debt, provided, however, that this should not
be construed as requiring competitive bids on new debt issues.
Section 3. The Company shall charge, demand, collect ,
and receive just_ and reasonable rates, charges and compensation
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as hereinafter
any rates made
nance shall be
Rate Authority
by the Company
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provided. The altering, amending or revising of
by the Company to obtain compliance with this ordi-
by the Suburban Rate Authority. The said Suburban
exists for the purpose of reviewing gas rates made
and undertaking appropriate action thereon as in
this ordinance authorized.
Nothing in this ordinance shall prevent the power herein
given to the Suburban Rate Authority to alter, amend or revise
Company rates from being hereafter delegated, by law, to some
other governmental authority.
From and after the effective date of this ordinance, the
Company shall charge, demand, collect and receive not to exceed
the following rates for gas supplied to each customer at one
location in the entire suburban area, including the Municipality,
for each month, except as said rates shall be changed or modified
as hereinafter provided, viz:
First
Next
Next
Next
Next
All over
300 cu ft or less
3,700 cu ft
26,000 cu ft
130,000 cu ft
140,000 cu ft
300,000 cu ft
$2.00
1.43 per
1.10 per
1.00 per
1.00 per
.90 per
M
M
M
M
M
The rates above specified are called "Block Rates".
The rates permitted by this ordinance, except as to natural
gas furnished industrial customers, are for natural gas having a
monthly average total gross heating value of not less than 950
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British Thermal Units per cubic foot, and shall continue, subject
to adjustment as herein provided.
Bills shall be rendered at rates permitted by this ordi-
nance; provided, however, that when a bill isnot paid within
ten (10) days after a bill is delivered or mailed to a customer,
the Company may charge, demand, collect and receive the amount
thereof plus ten per cent (10%). The Company may_,,require any
consumer of gas to deposit with it a reasonable amount as security
for payment of gas used or to be used by said consumer. The Company
shall pay interest on the deposit at the rate of six per cent
(6%) ,per annum.
(a). The said rates shall remain in force and effect and
be adjusted from time to time, as hereinafter provided. In order
to avoid undue discrimination between customers the Company may,
at the time specified in this section and subject to review in
the same manner as is provided in said ordinance, adjust the
Block Rates either by changing the number and size of the blocks
or by changing the price variation between the blocks, or both,
or by changing the rate form, by submitting at the time of filing
the adjusted Block Rates material and data supporting the desir
ability for such change or changes and the reasonableness thereof.
Provided, the Company shall make a rate structure study at least
once in each five years hereafter. Provided, further, that the
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Block Rates for any other type of gas furnished in place of
natural gas may be revised by agreement between the Suburban
Rate Authority and the Company.
Nothing herein shall prevent the Company from establish-
ing from time to time during the term hereof lower rates than
the rates hereby permitted, and, in addition to the rate schedules
contained in this section, from establishing, changing or dis-'
continuing load building, inducement or competitive rates, pro-
vided that such rates shall be reasonable for consumers within
different classes of service and that a lesser rate to one class
of consumers shall not impose ar undue burden of cost upon con-
sumers in other classes.
The Company shall have the right to contract for the sale
of gas for industrial use on an interruptible basis, requiring
the customer to have standby equipment for use upon notice by
the Company. The Company's rules, regulations, schedules or con-
tracts for curtailing interrup ible gas service shall be uniform
as applied to each class of interruptible customers.
(b). The Block Rates specified in this section shall re-
main in force and effect until January 31, 1963. In the month
of January, 1963, and thereafter in the month of January of each
year during the remaining period covered by this ordinance, the
Company shall decrease the Block Rates, and may increase the
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same, sufficient to permit and enable the Company to realize
Actual Net Earnings equal to the Allowable Annual Return, as pro-
vided for in Section 4, for each calendar year of said remaining
period.
Increases or decreases in the Block Rates to be made at
or about the end of each of the above mentioned calendar years
shall be based upon forecasts for the ensuing calendar year of
the rates required to permit and enable the Company to realize
Actual Net Earnings during said calendar year sufficient to pro-
duce the Allowable Annual Return plus past unabsorbed deficiencies
therein, or less past unabsorbed overages therein,,,as the case
may be, which may occur,after January 1, 1963, under the terms
of this ordinance.
The Company shall file with the Suburban Rate Authority,
on or before January 10 of each year, the aforesaid forecasts,
together with the Block Rates which are proposed to be effective
on bills rendered after January 31 of that year.
Provided, however', in order to minimize or prevent ex-
cessive fluctuations in the Block Rates, the Company may addi-
tionally once during a calendar year, but not prior to July 15
thereof, adjust the Block Rates in the same manner as provided
above for the adjustment of said Block rates at or about the end
of each calendar year.
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In making increases or decreases in the Block Rates here-
under, fractions of one-half (1/2) cent or more shall be counted
as one cent and fractions of less than one-half (1/2) cent shall
be disregarded so far as the current period is concerned.
(c). The Company agrees not to make any change in rates
permitted or required by this ordinance either by altering the
classification the::eof, or otherwise, until after twenty (20)
days' notice of any such change has been given to the Suburban
Rate Authority. Such notice shall be deemed to have been given
when a written statement of ary change, or changes, in such rates,
signed by the Company, shall be filed with the Suburban Rate
Authority. The Company shall furnish such information, reports
and statements relating to any such changes which may be required
by the Suburban Rate Authority. Any change in rates made pursuant
to the terms of this ordinance shall be made effective as soor
;s practicable after the expiration of each calendar year, sub-
ject to the proviso in Subsection 3(b). Provided, that before any
rate established by the Company for any new class of consumers
shall become effective, the Company shall give ten (10) days'
sim±lar 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, as required by
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this ordinance, shall be deemed notice to this municipality.
(d). The Company agrees that any change in rates made
by the Company, not in accordance with this ordinance, may be
altered, amended or revised, so as to conform to the provisions
of this ordinance and according to the terms thereof, by an
engineer, auditor or accountant of the Suburban Rate Authority
duly appointed for such purpose. The engineer, auditor or accoun-
tant so appointed shall be qualified and experienced in public
utility regulatory matters and an employee of the said Suburban
Rate Authority. Any such alteration, amendment or revision shall
be made by order, stating the reasons therefor, duly served on
the Company within twenty (20) days after notice of such proposed
rates shall be given by the Company, as in this ordinance pro-
vided. The Company shall have the right to a prompt hearing and
review of such alteration, amendment or revision in the courts
of the State of Minnesota, if proper application is made therefor
within thirty (30) days after notice of such alteration, amend-
ment or revision, and if such hearing and review is applied for,
then until such alteration, amendment or revision shall be finally
sustained or altered by such courts, the rate made by the Company
shall remain in effect for the period as provided in this ordinance.
At t?e time of making the application for review the Company shall
file with the Clerk of Court a corporate undertaking requiring it
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to refund, rebate or comply with such other relief as said
courts may order. At the hearing provided for herein on the
issue or issues raised by the aforesaid order the court shal-
consider all evidence which may be relevant and proper.
(e). The Company agrees that when no change in an exist-
ing rate is proposed at the time of a rate filing, the said Subur-
ban Rate Authority shall have the power to alter, amend or revise
the said existing rate in the manner provided in Subsection 3(d),
if the said existing rate is not in accordance with the provi-
sions of this ordinance. The right of the Company for court re-
view in such instance shall also be the same as provided in Sub-
section 3(d).
(f) The Company shall not charge, demand, collect or re-
ceive a greater or less or different compensation for any service
or similar service rendered, or to be rendered, than the rates
and charges applicable to such service in effect at --the time for
consumers in the same class, nor shall the Company refund or remit
in any manner or by any device any portion of the rates or charges
so specified. The Company shalt not offer, extend to, or accept
from any person or corporation any form of contract or agreement
for service that is not regularly and uniformly applicable to all
persons and corporations receiving the same or like service. The
Company shall not extend, afford or use any rule or regulation,
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or any privilege or facility that is not regularly and uniformly
applicable to all persons and corporations receiving service
under the same or like conditions, except as provided in Sub-
section 3(a) hereof.
Section 4. It is the purpose of this ordinance to insure
that the consumer shall pay only a fair, just and reasonable rate
and that such rate will permit the Company to make a reasonable
return on the capital investment in the business, as hereinafter
defined in this Section, under an economical and efficient manage-
ment of the same.
(a). As used in this ordinance, "allowable annual return"
shall mean the amount computed by application of the "allowable
rate of return" to the "allowable rate base" as defined in accord-
ance with the provisions of Subsections (b) , (c) , (d) , (e) , (f)
and (g) .
(b). The "allowable rate of return" shall be 6-1/2%
during calendar years when the Company's average cost of long-term
debt capital at the beginning of the current year is not less than
3-1/2% nor greater than 4-1/2%. Long-term debt shall consist of
all debt due over one year after date of issue. The average cost
of long-term debt shall be the weighted average effective cost of
the outstanding long-term debt at the beginning of the current
year. The effective cost of each debt issue shall be computed
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by dividing the product of the interest rate and principal amount
issued by the net proceeds of the issue. The net proceeds of an
issue shall consist of the principal amount plus any premiums re-
ceived, less any discounts and issuance expense, and less call
premiums when any refunding of an issue results in a lower effect-
ive cost of debt. Whenever there is a decrease in the Company's
average cost of long-term debt capital below 3-1/2% or an increase
above 4-1/2%, the "allowable rate of return" of 6-1/2% shall be
decreased or increased by 50% of such decrease or increase. There-
after, any contra move in the average cost of long-term debt cap-
ital will required the reverse adjustment in the "allowable rate
of return". No change in the "allowable rate of return" shall be
made unless the decrease or increase in the average cost of long-
term debt capital shall equal at least 1/10 of one percentage
point, and in no event shall the decrease or increase in the
"allowable rate of return" be other than in multiples of 1/20 of
one percentage point.
(c). The "allowable rate base" shall be the sum of the
"fair value of the suburban area utility plant" used and useful
in the public service as provided in Subsections (d), (e) and (f)
and working capital as provided in Section 5, less average con-
tributions in aid of construction and average cash advances for
construction, as reflected on the Company's books.
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(d) The "fair value of the suburban area utility plant"
shall be the sum of 50% of the average original plant cost in-
cluding the current year net additions, less depreciation per
books, computed on a monthly basis, and 50% of the "reproduction
cost new" plant as defined in Subsections (e) and (f), less depre-
ciation. Depreciation of the "reproduction cost new" plant shall
be computed by the use of the ratio of the book depreciation re-
serve to the original plant gross cost, plus three (3) percentage
points.
The 50% weighting of the "reproduction cost new" plant
shall be used as long as the Company's ratio of debt capital does
not exceed 60% at the beginning of the current year. If it ex-
ceeds 60% the 50% weighting of the "reproduction cost new" plant
will be decreased by one percentage point for every one percentage
point increase in the debt capital ratio above 60%. In such event
the 50% weighting of the original plant cost will be increased by
each percentage point that the weighting-of'"reproduction cost
new" plant is decreased.
(e). "Reproduction cost new" shall consist of the sum,of
the following amounts:
(1) The original cost at the beginning of the
preceding calendar year of all plant classified as
Intangible Plant, Land and Land Rights, and General
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1111 Plant, excluding Structures and Improvements.
-(2) The original cost at the beginning of the
preceding calendar year of all other plant trended
to reflect the Handy -Whitman Index of Public Utility
Construction Costs (North-Central Division) as of
July 1 prior to the current calendar year. Each plant
account shall be tended by use of the following indexes: -
Plant Account
All Manufactured Gas Produc-
tion Plant excluding Land
and Land Rights
Distribution Plant
Structures and Improvements
Mains - Steel
Mains - Cast Iron
Pumping and Regulating
Equipment
Services
Meters
Meter Installations
House Regulators
House Regulator Installa-
tions
Other Property on Customers'
Premises
Index
Total Construction and
Equipment (Manufactured
Gas)
Structures and Improvements
Mains - Steel
Mains - Cast Iron
Mechanical Equipment exclu-
sive of Gas Holders
Services
Meters
Meter Installations
House Regulators
House Regulator Installa-
tions
Structures and' Improvements
General Plant
Structures and Improvements Structures and Improvements
Any new Plant Account which may hereafter be established
shall be trended in accordance_with the appropriate Handy -
Whitman Index.
(3) The original cost of the gross plant additions,
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less retirements, installed in the preceding calendar
year.
(4) The original cost of the gross plant additions,
less retirements, installed during the current calendar
year averaged on a monthly basis.
(f). At the end of each five-year interval the con-
struction cost trends experienced by the Company since the adop-
tion of this ordinance shall be compared with the appropriate
Handy -Whitman Index. If, after such comparison, the difference
between the Handy -Whitman costs and the Company's experience is
15%, or less, of the total "reproduction cost new" plant, the
Dandy -Whitman Index costs will be used for the succeeding five
years. If the difference exceeds 15%, the parties agree to ad-
just the Handy -Whitman costs to reflect Company experience.
In the event the Handy -Whitman Index of Public Utility
Construction Costs (North Central Division), or its successor,
is no longer available, another similar Index mutually agreeable
to the Company and the Suburban Rate Authority will be used.
(g). As used in this ordinance, "Actual Net Earnings"
'f the Company shall consist of the balance remaining after deduct-
ing from the gross revenues of the Company from the manufacture,
purchase, mixture, transportation. distribution and sale of gas
sold in the said suburban area during the calendar year of 1963,
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and each calendar year thereafter, the following operating and
maintenance costs and expenses connected with the manufacture,
purchase, mixture, transportation, distribution and sale of gas
sold in the said suburban area during such calendar periods:
(1) Production Expenses, including cost of purchased
gas;
(2) Distribution and Utilization Expenses;
(3) Customers' Accounting and Collecting Expenses;
(4) Sales Promotion Expenses;
(5) An item to cover "Administrative and General
Expenses" which shall be the just, fair and reasonable
cost to the Company of all of the sub -accounts that are
included in such Administrative and General Expenses, but
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the aggregate of "Administrative Salaries" and "General
Incidental Expenses" classified as in the present practice
of the Company in these accounts shall not exceed in any
calendar year three per cent (3%) of the annual gross
revenue, including contributions, gratuities and donations
not to exceed three -tenths of one per cent (3/10 of 1%)
of the annual gross revenue.
(6) All taxes and governmental impositions of every
nature actually paid by the Company directly to govern-
mental tax collecting agencies or accrued in accordance
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1111
with general acceptable accounting principles. Any tax
other than an ad valorem tax which may hereafter be law-
fully authorized and thereafter separately imposed by any
municipality shall be added only to the bills of the cus-
tomers within such municipality.
(7) An annual allowance, beginning January 1, 1963,
for depreciation of depreciable property
Company and used and useful in rendering
the suburban area for each calendar year
owned by the
gas --service in
during the term
of this ordinance of an amount designed to recover the
original cost
mated average
straight-line
of such depreciable property over the esti-
service-life of each group of property on a
basis, computed by application of the annual
depreciation rates, now used by the Company in recording
depreciation on the books of the Company to the original
cost of depreciable property included in each of the major
property classifications and properly chargeable to depre-
ciation expenses. Provided, however, such annual deprecia-
tion rates may be revised periodically so as to reflect all
factors bearing on the amount designed to recover the orig-
inal cost of such depreciable property over its estimated
average service -life;
(8) All other actual and proper classes of mainte-
nance and operating expenses of the Company;
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(9) An item to cover taxes, depreciation and return
on any plant not included in the suburban area Allowable
Rate Base, but which is used and usef:l in rendering
public service therein. A credit item (deduction from_
expenses) to cover taxes, depreciation and return on any
plant included in the suburban area allowable rate base,
but which is properly allocable to rendering service out-
side the suburban area, subject, however, to the provi-
sions of Section 1.
(10) Annual allowance for amortization of extra-
ordinary property losses resulting from change in type
of gas, unusual obsolescence or unforeseen property damage.
Appropriate items may be amortized or accrued according
to accepted accounting practice and, except as otherwise pro-
vided in this ordinance for specific items, the actual experience
of the Company shall be the determining factor in support of the
amounts and rates of amortization or accrual for such items, as
such experience gives a definite guide.
All expense Mems, whether charged directly and entirely
in a cal^ndar year or amortized or accrued over a longer period,
all revenue items .and all balance sheet items shall be, at all
times, recorded by the Company in substantial accordance with
the Uniform System of Accounts for Gas Utilities of the National
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Association of Railroad and Utility Commissioners, except as
otherwise provided in this ordinance and except that installment
and carrying charges will be credited to gross merchandise sales.
The allocation of)the Company's operating expenses and
Plant within and without the suburban area shall be made by the
Company in accordance with a formula that reasonably reflects the
costs as they occur for rendering service within and without the
said area. Any change in such formula made in any rate filing
will be specifically referred to in a separate communication
filed with the Suburban Rate Authority at the time of the rate
filing.
When there is a balance in the account for cumulative
overage in excess of the allowable return, such balance shall be
credited with interest computed at the current prime interest
rate. Net refunds (after taxes) from any supplier shall be
credited to such account. Overages in such account may be used,
by mutual agreement, in such manner as will minimize or prevent
violent fluctuations in rates, notwithstanding the provisions of
Subsection 3(b).
Section 5. The Company shall be entitled to fair and
adequate working capital in an amount determined as follows:
As used in this ordinance, "working capital" shall mean
an amount applicable to the suburban area for the calendar year
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of 1963, and for each calendar year thereafter, equal to the
annual average funds invested by the Company during such calendar
,years in materials and supplies on hand, merchandise accounts
receivable, prepayments and deferred charges properly chargeable
to operations, plus a cash fund equal to ten (10) days' average
daily operating expenses and taxes, plus one-eighth (1/8) of the
annual operating expenses and taxes, less credits for the annual
average of accrued taxes and purchased gas accounts payable.
The working capital computed in accordance with the fore-
going formula shall be included in the allowable rate base as pro-
vided in Subsection 4(c).
Section 6. The Company shall file with the Suburban Rate
Authority printed schedules which shall be kept open for public
inspection, showing all rates, charges, compensation, forms of
contracts or agreements made, established or enforced or to be
enforced with customers in the suburban area, together with all
rules and regulations relating to rates, charges or services
rendered or to be rendered and all privileges allowed and facil-
ities afforded by the Company to its customers in the suburban
area. The Suburban Rate Authority shall have the right at any
reasonable time to inspect, examine and audit the accounts, books,
records, reports, contracts, documents and papers of the Company.
The said Suburban Rate Authority may appoint or designate the
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per$on or persons to make such inspection, examination or audit.
Section 7. The Company shall at all times keep, maintain
and preserve for the suburban area proper and accurate engineer-
ing, accounting, financial and statistical records, relating to
the construction, cost, maintenance and operation of its property
which at all times shall show correctly and in detail all its
financial transactions, including all of its receipts and dis-
bursements and the particulars thereof, and all data needful for
the preparation of the statements and reports hereinafter provided
for.
The Company shall, each month, prepare and file with the
Suburban Rate Authority the following:
(a) A detailed statement of all assets and liabilities
of the Company as of the close of the preceding month;
(b) A detailed statement showing source and application
of revenues of the Company from the sale of gas and of by-products
and from all other sources for the preceding month and year, up
to and including the preceding month; also all expenditures of
the Company during said year; all dividends and interest paid;
the cost of all materials used in the manufacture of gas, all
operating expenses, taxes and salaries; the cost of all repairs
and of all property, real or personal, by it purchased, acquired,
_i
constructed or installed; said statements shall be so prepared'as
-23-
•
to show the net income of the Company from its regular business
and from all other sources and the use or disposition of said
income.
The Company shall also, from time to time, furnish monthly
i
operating and financial reports and such other information, re-
ports and statements regarding its property and business, and
the conduct thereof, as the Suburban Rate Authority may require.
All information, reports and statements furnished to the Suburban
Rate Authority by the Company'shall be certified by the President,._
Secretary or other proper officer of the Company.
Section 8. The provisions of this ordinance relative to
allowable annual return, allowable rate of return, allowable
rate base>and accruing annual depreciation rates fixed under the
provisions hereof and other requirements shall be considered as
conditions hereof, but no such provisions, nor any matter, fact
or thing herein contained shall be construed as an admission
either by the Municipality or the Company in connection with any
proceeding for the acquisition of the Company's property, or any
part thereof, under eminent domain or condemnation proceedings, or
in connection with any proceeding for the valuation of the Company's
property, or any part thereof, during or after the termination
hereof, or in connection with any proceeding for the fixing of
rates after the termination hereof, to any of which proceedings'
the Municipality shall be a party.
-24-
.i
•
i
Section 9. In determining "allowable annual return",
"allowable rate of return" and "allowable rate base" under
Section 4 hereof, the books and records of the Company, and its
predecessors, made and kept prior to the passage of this ordi-
nanse, shall be used insofar as necessary in applying said
Section 4.
Section 10. The books of account shall contain an ac-
count that may be designated as "Reserve for Depreciation of
Utility Plant", or similar term, which shall show at all times
as nearly as may be the unexpended or unused balance of accumulated
charges to operating expenses on account of depreciation, replace-
ments, renewals or retirements. When any property is abandoned
or removed, withdrawn, retired from, or is not used and useful
in the public service for any cause, the actual original cost
shall be credited to the appropriate capital account, and such
amount plus the cost incidental to said abandonment, removal,
withdrawal or retirement shall be charged to said reserve, sub-
ject, however, to the provisions of the following paragraph. The
salvage value received and any other amounts recovered from said
property shall be credited to said reserve.
When a substantial segment of the Company's utility property
`' is required to be abandoned and retired from service because of
change of type of gas, or unusual obsolescence, or unforeseen
-25-
•
•
•
•
property damage and such property LE not tu. iy covereo by the
depreciation reserve or other reserves or by Lr,surance tneri the
unrecovered balance of such property shall be creditea Lo the de-
preciation reserve or other appropriate reserve and be charged to
a deferred charge account designated as "Extraordinary Property
Losses". Charges to said deferred charge account shall be amor-
3
tized by charges to operating expenses as provided for in Section 4.
If the -original cost is not shown by the books and records
of the Company or its predecessors, such amount shall be estimated
and a record shall be made by the Company showing the facts upon
which said estima,1 was based, the manner in which it was deter-
mined and the person by whom it was made, and said estimated
amount, together with removal costs and salvage value, or other
amounts received or recovered from said property, shall be ac-
counted for in the manner as hereinabove provided.
Section 11. The Company shall at all times keep, main-
tain and preserve all the books, records and accounts of the
Minneapolis Gas Light Company, a corporation organized under the
laws of the State of Minnesota, and the Minneapolis Gas Light
Company, a corporation organized under the laws of the State of
Delaware, the predecessors of the Company, and such books, records
artd accounts shall at all reasonable times be open to inspection
and examination by the Suburban Rate Authority, as provided in
-26-
_ _ z*Z4V7t t"nev
•
•
Section 6, in respect to the books, records and accounts of the
Company.
The Company shall set up, keep and maintain at all times
at its general offices, accurate books of account, showing among
other things as nearly as may be the actual original cost of the
property owned by the Company within the suburban area. For this
purpose, the books and records of the predecessor companies
(Minneapolis Gas Light Company of Minnesota and Minneapolis Gas
Light Company of Delaware) may be used without prejudice to the
Suburban Rate Authority in any proceeding where the actual original
cost may be an issue. All property added shall be entered on the
books at its actual original cost.
Section 12. The Company agrees to lay such of its mains
and pipes as come within its requirements for service as soon as,
reasonably possible to do so. The Company shall give reasonable
notice to the municipal engineer of plans to lay mains in any part
of the Municipality. The laying of such mains shall not unduly
interfere with established municipal planning. Extensions of serv-
ice beyond the borders of the suburban area as herein defined shall
not collectively cast any undue burden on the customers in said
suburban area.
Section 13. The council of the Municipality shall have the
right to make such reasonable rules and regulations as may be
-27-
--'k^'���aFr�+:F�;-N'S'�e!�+^,��v'!'g^.:�"�1?y�:��„t�'n.'.�'5�.."�+4' 's+-'��.�:3 - ,.��Z�'""�;ai.-<++—aaalaetac�da�•��i-.:�.n�-�..�'�
necessary to provide adequate and proper service. The Munici-
pality shall have the power to provide for the inspection, examina-
tion and ascertainment of the accuracy of any and all gas meters
used or intended to be used for measuring and ascertaining the
quantity of gas supplied•by the Company and to inspect, examine
and ascertain the accuracy of recording pressure gauges and of
all apparatus for testing and proving the
Section 14. The Company shall not
surface of any street or public place for
accuracy of gas meters.
open or disturb the
any purpose without
first having obtained a permit so to do from the proper Municipal
officials, for which permit the Municipality may impose a reason-
able fee to be paid by the Company. The mains, services and other
property placed in the streets and public places pursuant to such
permit shall be located in the streets or portion of the streets
and public places as shall be designated by the Municipality.
The Company shall, upon completion of any work requiring the open-
ing of any street or public place
paving and its foundations, to as
, restore the same, including the
good condition as formerly, and
shall exercise reasonable care to maintain the same for two (2)
years thereafter in good condition. Said work shall be performed
with due diligence and if the Company shall fail promptly to
perform and complete the work, to remove all dirt and rubbish and
to put the street or public place in good condition, the
-28-
•
Municipality shall have the right to pec. :t:F ,tseet or public
place in good condition at the expense of the company; and the
Company shall, upon demand, pay to the Municipality the cost of
such work done for or performed by the Municipality, together
with ten per cent (10%) additional as liquidated damages. Not-
withstanding the foregoing provisions of this -section, the
Cpmpany may open and disturb the surface of any street without
a permit where an emergency exists requiring the immediate repair
of a gas main or gas service. The Company in such event will re-
quest a permit not later than the second working day thereafter.
Section 15. Whenever the Municipality shall grade, regrade
•
or change the line of any street or public place or construct or
r4construct any sewer or water system therein and shall, in the
proper exercise of its police power, and with due regard to
seasonable working conditions, order the Company to relocate
permanently its mains, services and other property located in
said street or public place, the Company shall relocate its facil-
ities at its own expense. In construing this paragraph, the ob-
ligation of the Company to relocate its facilities shall be as
applicable to water systems as it is to sewer systems. The Munic-
ipality shall give the Company reasonable notice of plans to grade,
regrade or change the line of any street or public place or to
construct or reconstruct any sewer or water system therein.
-29-
_ Wite.. nr .sfm,dd- - vac
1
S
The Company may be required to xelocatt• its taciii!_ies at
its own expense where grade changes are made by the M.ni.ipality
for improved drainage or improved traffic conditions. provided
however if a subsequent relocation or relocations shall be ordered
within ten years from and after the first relocation the Munici-
pality shall reimburse the Company for such non -betterment reloca-
tion expense which the Company may incur on a time/and material
basis. Provided, however, nothing in this ordinance contained
shall deprive the Company of its rights under Section 161.46,
Minnesota Statutes,
Nothing contained in this section shall require the
Company to remove and replace its mains or to cut and reconnect
its service pipe running from the main to the customer's premises
at its own expense where the removal and replacement or cutting
t
and reconnecting is made for the purpose of a more expeditious
operation for the construction or reconstruction of said sewer or
water system; nor shall anything contained herein relieve any
person, persons or corporations from liability arising out of the
failure to exercise reasonable care to avoid injuring the Company s
facilities while performing any work connected with grading, re-
grading or changing the line of any street or public place or
with the construction or reconstruction of any sewer or water
system.
-30-
Where the Municipality orders the Company to relocate any
of its facilities, the Company shall proceed with such reloca-
tion. If such relocation is done without an agreement first being
made as to who shall pay for the relocation cost, such relocation
of the facilities by the Company shall not be construed as a
waiver of its right to be reimbursed for the relocation cost.
If the Company claims that it should be reimbursed for such re-
location costs, it shall notify the Municipality within ten (10)
days after receipt of such order.
Section 16. The Municipality shall give the Company reason-
able written notice of plans for street improvements where paving
or resurfacing of a permanent nature is involved, which notice
shall contain the nature and character of the improvements, the
streets upon`which the improvements are to be made, the extent of
the improvements and the time when the Municipality is going to
start the work, and, if more than one street is involved, the order
in which this work is to proceed. Paving or resurfacing of a perma-
i
nent nature refers only to Portland cement concrete or high type
bituminous concrete.
The notice shall be given to the Company a sufficient length
of time, considering seasonable working conditions, in advance of
the actual commencement of the work to permit the Company to make
any additions, alterations or repairs to its facilities deemed
necessary by it.
-31-
-- --__..-,---.._ _ — ,...ise.aF,:r".3 h''s--t—..kAIVos ACI.. �i � %0, 4:itgi' '?i'kc 3 ••��_+s•tv.,= 3_+z. 4. -va.a r<m�
•
GP
In cases where streets are at final width and grade, and
the Municipality has installed underground sewer or water mains
and service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets, and
the Company's main is located under such street, the Company may
be required to install gas service connections prior to such
paving or resurfacing, whenever it is apparent that gas service
will be required during the five years following the paving or
resurfacing.
Section 17. All mains, services, governors and other
property and facilities shall be so located, constructed, installed
and maintained as not to endanger or unnecessarily interfere with
the usual and customary trade, traffic and travel upon the streets
and public places of the Municipality. The Company shall keep
and maintain all of its property in good condition, order and re-
pair, so that the same shall not menace or endanger the life or -
property of any person. The Municipality shall have the right to
inspect and examine at any reasonable time the property owned or
used, in part or in whole, by the Company for the purpose of manu-
facturing, distributing, furnishing or selling gas in the suburban
area.
1
Section 18. The Company agrees to pay to the Suburban Rate
Authority, effective January 1, 1963, not less than $30,000.00 per
-32-
_�f. — --._.._a:..+d.'�diu7'„j(�n'h2YYc..wiY.d`j•"'iynl[�5.` tri:_�9�k"."�"L'le�v�.��"4`h,...7;' w�- - _ _ �'+2t'^.f2'.
1
year to be allowed as an operating expense to the Company ana
which shall be used to secure compliance with this ordinance, and
for such other purposes relating to the Company's purchased gas
costs and gas supply as the Suburban Rate Authority shall deem
necessary. The amount of such annual payment shall be subject to
possible revision by the Suburban Rate Authority and the Company,
not oftener than once in five (5) years, if mutually agreed to.
Section 19. The Company shall at all times provide and
furnish an adequate, safe and continuous supply of gas to the
Municipality and its inhabitants, subject, however, to the further
provisions of this section. The Company sells and distributes
gas throughout its entire distribution system. The natural gas
distributed by the Company is furnished by the pipeline system
owned and operated by Northern Natural Gas Company, a "natural
gas company" under the Federal Natural Gas Act, which subjects
said Northern Natural Gas Company to the jurisdiction of the
Federal Power Commission.
The Company shall not be liable to the Municipality or
its inhabitants, nor shall the Municipality, or any inhabitant
who is a customer of the Company, be liable to the Company here-
under by reason of the failure of the Company to deliver, or of
the Municipality or a customer to receive, natural gas as a re-
sult of acts of God, or the public enemy, inability of pipeline
-33-
x 5V11R,,s. met,44a(154e: '�$! S,Aqta,
Osupplier to furnish an adequate supply due to an emergency, an
order or decision of a public regulatory body or other acts
beyond the control of tre party affected.
Whenever any of the occurrences named above take place,
the Company shall have the right and authority and it shall be
its duty to adopt reasonable rules and regulations in connection
with limiting, curtailing or allocating extensions of service or
supply of gas to any customer or prospective customer, and with-
holding the supplying of gas to new customers, provided that such
rules and regulations shall be uniform as applied to each class
of customers; classifications of customers shall be reasonable
and shall be nondiscriminatory as between municipalities in the
suburban area.
If service is temporarily suspended because of any of the
reasons set forth above, occurring through no fault or negligent
act on the part of the Company, such suspension shall not be made
the basis of any action or proceeding to terminate this franchise.
The quality of the gas sold in the suburban area shall be the same
as that sold to the Company's customers in the City of Minneapolis..
The pressure at which gas is supplied and the method and
manner of testing the heating value, quality, purity and pressure.'
of the gas supplied, shall be in accordance with accepted national
staLndards .
-34-
--,s��.�Y_:ro*�<—�?I-:F-�+sao,as.���:►;�;''�.er'a��nu1�...va.r. .�lils�
t
Section 20. The Company shall lndemrJty Keep and hold
the Municipality free and harmless from 1 LaLl i Lt y on account �t
injury or damage to persons or property growing out the negli-
gent construction, maintenance, repair and operation Jf its prop-
erty, and in the event that suit shall be brought against the
Municipality either independently or jointly with the Company on
account thereof, the Company, upon notice to it by the Munici-
pality, shall defend the Municipality in any suit at the cost of
the Company, and in event of a final judgment being obtained
against the Municipality, either independently or jointly with
the Company, the Company shall pay such judgment with all costs
and hold the Municipality harmless therefrom.
Section 21. Nothing herein shall be construed to limit
the right of the Municipality to acquire the property of the
Company under any act of the legislature now or hereafter exist-
ing, nor under any provisions of law now existing or hereafter
adopted. In the event the Municipality should desire to acquire
the property of the Company by the exercise of eminent domain, as
herein set forth, the Company agrees that its value for the pur-
pose of such acquisition shall not include any amount for the
value of any right, privilege, franchise or grant from the State
of Minnesota or the Municipality, for good will, or for future
profits, and that in determining said value no regard shall be
-35-
0
succeeding the Municipality shall, without the consent of the
Company, succeed to all the rights and obligations of the Munic-
ipality provided in this franchise.
Section 25. Except as herein otherwise specifically
provided, whenever notice is to be given to the Company, such
notice in writing, addres:.ed to the President, Vice President,
Secretary or Treasurer of the Company and delivered at the
Minneapolis office of the Company shall be service of ::uch
notice; and whenever rotice is to be given to the Municipality,
such notice, in writing, addressed to the Municipal Clerk and
delivered at his office, shall be service of such notice; and
whenever notice is to be given to the Suburban` Rate Authority,
such notice, in writing, addressed to such Suburban Rate Author-
ity and delivered to its office or to one of the members of its
governing body, shall be service of such notice.
Section 26. An ordinance entitled "Granting to
Minneapolis Gas Light Company, its successors and assigns, the
right to manufacture, import, transport, sell and distribute
gas for heating, illuminating and other purposes in the Village
of St. Louis Park, and to use the streets, avenues and alleys
thereof for that purpose", passed on the 22nd day of December,,
1947, and the amendments thereto passed on the 28th day of
August, 1950, are hereby repealed.
-37-
„—.- , WaS--.`:'EAZ 4' •,.c _aures
•
Section 27. This ordina,ice shall be null and void unless
:he Company shall, after the publication thereof and prior to
gpsl1 1, 1963, file with the Municipal Clerk a wriLten accep-
Lance of the same and an agreement on its part, signed and acknowl-
&dged in LL:: behalf under its corporate seal by its duly authorized
officers, to surrender all rights and privileges under the ordi-
nance described in Section 26 and to comply with, abide by, keep
jnu perform all of the terms, conditions and requirements herein
c?ntai.ned upon its part to be complied with or performed, and
gnat the Company will not contest the validity of this ordinance
or of any rate or rates which are in accordance with the terms
hereof, except as herein expressly provided.
Section 28. The expense of the publication of this ordi-
nance shall be paid by the Company.
Section 29. If this ordinance is not adopted by March 1,
1963, by municipalities in which 66-2/3% of the customers of the
Company in the suburban area are located, the Municipal Council
may revoke the same. The Company agrees to file -with the Municipal -
Clerk on or before March 15, 1963, a sworn statement showing
the total number of customers in the suburban area and the total
number of customers in municipalities in which the ordinance has
been adopted. If this ordinance is revoked the provisions of this
ordinance shall be without prejudice to either party in any subse-
quent proceeding.
-38-
- ---- - - - - -- - 'p"`a' - - -= � ;, ,.:_< �v ,.+ ...s. _ :. VE,*.E.C.L..tiga4. es ou u.43311i--4...
-tP
-- 4
Section 30. Three years after January 1 1963, either
the Company or the Suburban Rate Authority may request a review
of the question of whether the rate formula contained in Sections
4 and 5 accomplishes the purpose expressed in the first sentence
,of Section 4. Such review may be initiated by making a written
request therefor to the other party during the month of January,
1966. Thereupon, the Suburban Rate Authority and the Company
shall review and discuss such question.with each other. thoroughly
and in good faith, for a period not to exceed six months. Any
change in said rate formula shall be prospective in operation
61y and shall be made by amendment to Sections 4 or 5. Any
such amendment to be effective must be adopted before December 1,
1966, by municipalities in which 66-2/3% of the customers of the
Company in the suburban area are located and accepted in writing
by the Company in the form provided in Section 27 prior to
January 1, 1967. In the absence of any such amendment, so adopted
and accepted, the rate formula contained in Sections 4 and 5 shall
be and remain in effect during the balance of the term of this
franchise.
Section 31. If any section, paragraph subdivision, clause
or provision of this ordinance shall be adjudged invalid or uncon-
stitutional, the same shall not affect the validity of this ordi-
nance as a whole, or any part or provision, other than the part so
-39-
- `sMs'P.3'.s:+�t'i'r_*: nFs �.,...-.e—.....,.w.._.a:—..s-. ..a. we,..
decided to be invalid or unconstitutional.
Section 32. This ordinance shall take effect fifteen (15)
days after its publication and its acceptance thereafter by the
Company, subject to the provisions of Section 29, and for contract,
statistical and administrative purposes shall be enforced from
January 1, 1963.
Adopted by the City Council the LI day of February,
1963.
Attest:
City Clerk
Reviewed for admini'strati,on:'
11
J
r1
City Manager
Approved as to
Citi Attorney
-40-
form and
legality:
• AFFIDAVIT OF PUBLICATION
1
St. Louis Park Dispatch
5407 Excelsior Blvd. St. Louis Park, Minnesota
State of Minnesota `SS
Count) of Ilennepin',
JOHN C TILTON. being duly sworn, on oath says that he now is and during all the time herein•
stated the
as iheltSt LoutsJPirk Dispatch. and ON. has flulleknoulcdgc ofprinter
factsofhereine stated
known
That for more than one :.ear immediately prior to the publication therein of the printed
City of St. Louis Park Uniform Suburban.ivanchise- Be Minneapolis
1 as Cotndany... .
hereto attached. said newspaper was printed and published in the English language from of
its
each ueekcin column and sheethformeequlvalentCountfIn spaceto450tru nie of nlgnInches of single colnesota, on umn
Cdissued from
established
apublication
equippeduithskiled uorkmenandthe necessary material forpreparing printing the same'
rcent
Ilts Cccs columns de oteed tollocal news ofTCH has d interest oIn its asaid pcommunity it purportnot less than s toe v
of n
serve. the
o
pr1 , cork of which has been done In Its said known place of publication. has contained general
•h
new,,
mn.ade comments and
patents plate ltnatteras not and advertisements. Iicated any haser been circulated has
sand near
iit nsaid
1
ICC rs; has been
tercdrasusec second classrhe extent m. it mater If n Waal posies t office ofi
tssad pled to ace ofgpublicaton. that there
s been on file tn•the office of the County Auditor of said county the affidavit of a person hay.
g first hand knowledge of the facts constituting its qualifications as a newspaper for publication
1 legal notices. and that its publishers have con.ptled with all demands of said County Auditor
for proofs of its said qualification A copy of each issue has been filed with the State Historical
Society, St Paul
That the printed City of St. Loris :'ark Uniform Snburban..Frz vhise
Re 4inneapclis Gas Company.• • • • • •
hereto attached as a part hereof was cut from tie columns of said newspaper: was published
therein in the English language once a week for .Dile successive weeks, that It was
day of February . 19 63 .. and
first so published on the
thereafter on
day of . 10 : and that the following is a copy of the lower case
ilp habet which is .icknoaicdged to have been the size and kind of type used in the publtca•
tion of said City of Stamb Louis tstuvwUniforRm Suburban. Fratchjee
Re !'inneaj.clis t;ns Coa .•
7th
of eac't week to and including the
Sutscribcd and scorn to before me this
MP
ree".".
ublie. Henrepin County. Minn
My Commission Explrea June 16. 1089
3 ,
NRI
'k l(Iclo t•ub'IcaUU0)
cl?1 OI a.T LOUIS PARE'
UNIFORM
hLBLRDAN ORAVCHISE '
FOR
•d IYV EAPOL,q GAS ,
Noveembermber 8, I
1
ORDINANCE NO Era
OI AYTIV4 TO THl. MI.INEAP
OLID GAS COMPANY. A COR-
PORATION OED UHDE
rl'E LAWS OFF TIIETIIE STAT.' (t
1)1 LAWARE ITS SUCCESSOR
ASU ASSIGN'S. PERAUSs1ON T
USE TIIE STREETS AND PLR
1 IL PLACES IN 111E CIT 0
LOLIS PARR IOR THE COV
sTIUN MAINTENANCE AND
01•ERA
OPERAII01 OF A SYSTEM 0
ANS PIPELI\Es AND OTHE
FACILITIES FOR, ]NE MANU-
ACTU E. DISTJUB(T10N AND
sect- OI GAM s SURD ECT TO
CIRTAIV TERMS AND CONDI-
T10VS AND PRESCRIBING T THE
IIATLti TO BE CALLED THER
! )'R AND REPEALING 1.IVG ALt OR
01YA\Crq OH ARTS OF OR
(t V,t sir It T. I N c D N 81ST 1: N1
y1RR1c W,r,I
Whereas the htinneOpolls 0
Compare)) a 00rporsUnn orRnnl
oder ine'.Insof the Soto 0
u elaware, he manufacture
'property used e
useful Ir. ane manufacture diatnb
elf 'I and sole Or gas In the Cit
.d 't Louts Park and is oaerat
ins slid aroperit Ila said City
whereas the Village Council o
Il, Village. of MI Lands Park On th
^211.1 d ,y of Dersmbs r 1047 04ODted
m ordinance grantlnr a 1r0nchlse
to 'he Minneapolis Ges Company.
,la ,utecs.snrs Ind as Inns. for th
oit ref.o lure d'etrlhullon and sal
of x,s In «aid Village far o pert•
of Iwent, 1211) sears which sold
ti ,niM,e. was amcndrd Augu.l•28
1"511 and Is now effrrlIke In 1h
nA
Cat and
)herds meetings have bee
held between rerrescnt.UJves'bl the
Minneapolis Gas Common 0210 the
Cut Council of the C1M.of St touts
Pok relatlse to n revision. of th
Iremhlse prevlousl4 granted .,and
Whereas the M.neapNlsf Gas
Co,rpan) a: and far, consideration
u compensation far1fe,rrighls and
tile en
herrn td` �pSted has
lranaht5e ordireed nance. hd hr agrepreed.
donne the tern hf/ereof to con.
bnuousls supply gas rervIce to 3
Inhabitants of the Clt-3, ,hs or•
stdcd on this franchise .ordinance
.nd has agreed to perform co
traclual abtlgatlnns eel f0lth In sal•
fr rnchlse ordlnlnee. t and has
.gybed to pay to Ileo Suburba
nate Authority for the use an•
ban alt of 3110 C)Iy, the amount
v Whereas Sine o Cils Lan0l o
the C1ty of SI Louis Porde In
,.per ,lion with Other mu1idpallU
of the suburban area Khtaildeter
mined that It is des,rbleielind 1•
the mdtanl-Re of the eonfugscrs•o•
els in the CII. of St U,ula Par.
Mit or new franehlse should
framed 11* sold Cit) Int sal•
l u (pane upon the terms land e•
dlu..,,, exp,essed herein roll the•
Iho pees leus franchise hetelnlbo
rrfsrred to should be rep aled an •'
,II r.gbt. and prIvl eget r- 0[ t
C piny thereunder aurreede
,red cancelled except is4.hereln
,f err mos Ided �rcrf
YO,11 THFTOFPORE T', Fl•CI
(10 s LOUIS PARK 133h5 OR
11A1'.
sort.un 1 In Dile nrdu (Ince 3
I. rota Numclp tin, Uuntclpo
Council and 'Munlelon' Clerk
.hall mean respC1'tts••Il the CI
of 5 Louis Park the t runr(l o
Ihr Cit. of St 1 outs Part and
( I. rk of the Cm of SI Lluls Par
II 1l in .,)line ,he towels of .l
Municipality, the \IutltClpl t Counel
the 11111110(0 11 Cle-k Shull
,rancr,t'd to lt other authority
bo ,rd f ,ter orn'Orcr■ , then- an
+flea 1 4/1141i uthmIO\
Ivnpd affil ar �n nfttr, rn eh dl has
01t rights moss's .net du lee her
, 0(rrred to nr 11(010 Ihed 10
the 11,nlr,p1htl the 111,rnlelpn
C o, hell one
' m. Mur 1, teal Clerk re
Fp eltael,
ll, teff, Con pans 01 all mea
1,, \innrlgr.l,c Ga, Cnrr pans 1t
.11..1
,sorInd ns and th
1,1 .in0) 1 .1,111 pl're.
II il�1Ih1.11111i•fenue
e
„rkr. d50111res
(.k. nit..,
,itaut 19 110 public
rel „I` ,n ., Mini. minis
11,1 (, in r 1s a5 11540 herein
.11 1, 11,1.1 1l' IntliedC hf nufac
1 1 , 1111I1( .1 Ras reformed
1,tm ,I
r 1 1 (,tu-r of natural
10 t„11 f ,c turgid gas or
h,nn i,1 r''.' u, enerr)
1 ',r tr to thous -rd cubic
I., r', ()are 0,011 In Ih10
,h. 11100 1,Ih,C feet of gas
•d i, 11111ne111urr end pre*
1.1r0g ,t the point Of met
i 111,.11 ^reeled it 60
d.1 r ! Ind `4 5 pnnnds pe
.ii..11
,.h il,.nl lie
I h1I1 r„ sub 1hlt, era that
„ I the . 1110, .11 (11n,i01nglna
lain lei, 1141, ht. 1 s-,.1 ,I 1.rldle*
11, t,4,,,. 11.,111,111,1 Ile \ Lnul
I „4 nol w , s- ,1 , the • Iing, s n
1110 kl,n Cent. r 03,1.91,0 Park
r,. o'1is. e f .110 Iden Plante
teethe not to exeeed the fofowing
rates for gal supplied to each ells'
tomer at one location In the entire
suburban area Including the Mu.
Nelppllty f.,r each month except
as wild rales shall be changed or
Modified as hereinafter provided.
ypt
li ▪ First, 300 cu R or less — 5200
_Next. 3 ^00 cu ft — 1 43 per sof
ra Hext. 3 03.0000cu uft 0
28 300 l 1 111 p0 aper
Next. 1(3 000 cu ft — 100 per
1j AU over 300000 CU ft — 90
per Si
The. rotes- above specified are
ealledi'Block Rates
The.' rates permitted by this or
dinance. ext ept os to natural gas
furnished Industrial customerse
for natural gas having a monthly
overage tot d gross heating value
of not less than 950 Blltleh Ther
mal tints L^r cubic foot and shall
C31000Ue suajcct l0 adjustment as
herein prove• ed
11111. shall be rendered at 00(05
Permitted by thle ordinance pro-
v.ded howe,er cant when o bill Is
not paid ate hen ten 3103 day, Of
ter a b111 r delivered or malted
to a customer the Company may
charge. den.ond. collect and re
c Ivo the amount thereof plus ten
per cent 'I(u) The Company may
maitre aril consumer of Rae to
deposit with Il a reasonable amount
as seturlty for payment of gas used
or to be used by said consumer
le Compar y shall pay Interest on
the deposit at the rate of six per
cent (6'.) esv annum
',la) The said rates shall remain
f • force and effect and be ad
lusted from time to time a■ here-
inafter pprovided 10 order to avoid
undue dlscrlm)21a005 between Cue
tomer,.the Company may at the
throe erectile!! Pa this section and
subject; to review In the same
manner asa proteded In said or
dlnance aslant the Block Rates
either by changing the number and
size of the blocks or by changing
the price sarl0Uoh between the
blocks or no1h, cr by changing
the rale ft -rn by submitting at
I Ne 1,1e Ccat1Cri V WC, Green
o 11 too .nle Gr. se Min
eta, ecoori alit V midland
o o to 'to di otos In in organic”
• of one me nber
,• En 11 I., 1h. MunicIpeil COUnC11
sl h %limb 1/11ilits in the sub
urn 'dont ng this ordinanCe
11 • ‘1,t1111 for the purpose of ad
tru1 others and
[ 3111ng the aaJU
Block galea material and cote sup-
porting- o- desirability fly for each
change o' change. and the res
C s, s thereof Provided the
Cameras, stall make a rate s:ruc
lure .turfy 3.502 once in each
(eve yeah Ieres- eafler Provided fur
Drowned tn be effective on bra.
rendered al er Januar.. 31 of that
' Provided however in order to
mmiratze or prevent excesshe flue
Co-npnny may additionalls once
during a calendar >ear lout not
prior to Juts 15 thereof stritost the
Block Rates in the same manner
a. provided erase for the adjust
men) of said Block mtes at or
about the 1 nd of each calendar
In making Increaaes or decreaaes
in the Black Rates hereunder frac
tions of one half Oa) cent or more
shall Le counted as one cent and
fractions of less then one hill ttro
cert shall bo disregarded so far Is
the carrent eerioci Is concerned
(et The Company agrees nnt
make ans change In rates per
milted or required by this ordi
nonce either by altering the clas
1▪ 11 Pr Cr 44,01, 1201 ea,. 1.101100
of any such change has been Risen
to the Sub irban Rate Authorits
raid existing rate' Is not In se.
cordance with the provklions of
this ordinance The right of the
Company for court review In such
freelance shall also be the same as
provided 1n Snbseetlon 3 (dl
(it 'The Company .hal! 2101
ehsrge. demand collect or receive
a greater or less or different
compensation for any service or
similar service rendered. or 10 be
rendered than the rates and
clargea applicable to such service
In effect at the time for censure.
ers In the same class nor shalt
the Company refund or remit In
any manner or by any device nn)
portion of the rotes or charges I.0
specified Tne Company shall net
o'Icr extend to or accept from
any person or corporation any
'orm of contract or agreement for
service that is not regularly and
uniformly applicable to all persons
and corporattcns receiving the some
or like service The Company shall
not extend afford or use any rule
or regulation or any privilege or
facility that is not regularly and
uniformly applicable to all persons
aid corporallans rectiVIry service
under the same nr like condlllons
Iream e. provided In Subsyellen 1
nt hereof
.eenon 4 It Is the aurpoee of
this ordinance to Insure that the
consumer shall pay only a fair
lust and reasonable rate and that
each rate will permit the Company
to make 1 reasonable return on
the capital Investment In the bust
nese as hereinafter defined in chic
Secticn under an economical and
efficien' management of the same
la) As used In this ordinance
• allowable annual return shall
mean the amount eomDu'ed by ap-
plication cf the allouab a rale or
return to the allowable rate
base as defined In accordance
u llh the prOslalona of Subsection,
Int (c) (dl le) If) and (5)
(bl The ,llowsblc rate of re-
turn shall be 6's : doting Galen
dar )corn when the Company s sv
e^aR0 cost of long-term debt capital
at the beginning of the eurent
year Is not lase then 3'a o nor
greater than 4'33' Long term
debt shall consist of all debt due
over one year after date of Issue
The average cost of long term debt
shell be the u elghted average elfee
(lye coat of the outstanding long
term debt at the beelnning of the
Current year The effective cost o
each debt tss to shall be computed
by dividing the product of the 1n
teres) rate and principal amours
lathed by the net proceeds of the
)'sue The net proceeds of an is
sue shall corslst of the p-Inclpnl
amount plus any premiums re
celved le.. any discounts end Is
euOnce expense and less call pre
mums when an> refunding of an
issue results In a loner effective
cost of debt Whenever 'here 1s 1
decreer. In the Cnmpony s average
cost of ' ng term debt capltnl below
•` en increase above Ota
the "a cable rote of return of
tit be decreased or In
creased by 50: of such decrease
or increase Thereafter any con
Ira move in the average coal of
long term deb' capital will required
the reverse adjustment In the al
lowoble rate of return No change
In the ' allocable rote of return
shall be made unless the decrease
or Increase In the average cost or
long term debt coSltal shall equal
at least One-tenth of one percentage
palnl and to no event shall the
decrease or Increase In the ' al
towable rate of return' be othe-
than In multiples of one twentieth
of one percentage point
(el The "allowable rote base
shall be the sant of the fair value
of 'he Suburban area utility plant
used and useful In the public sere
Ice es provided In Subsections /d)
tr.) and (f) pi d working capital ns
p-ovlded In Section S less averogr
contributions In old of construction
and average cash advances for con
Erection as reflected on the Com
pule s hooks
(d) The fair value of the sub-
urban
uburban area unlit% talent shall he
the sum Of 50 .•f the average
03)110al plant coal Incltding thn
current VCO! net additions les.
depreciation per books computed
on a monthly basis and 50% of
tie ter -eduction cost new plan.
as defined In Subsections re) and
(11 less dep-eelatlon Depreciation
of the'reproduction cost new
phot s• Ill he computed by the tier
of the retia of the Irak deprecla
lino reserse .o the nrtgl,al Plant
gross cost plus three (3) per
ern age points
Tne SO : uelghting of the re
Production cost new plant shall
M. useds long as the Company
roan of Aeht c,plto dors not c
cred 60' nt the hopinn(ng of Ihf
current 3 ear If it exceeds 60'^ lh,
511',. uelf hung of the reproduction
cost new 01 nt 0.111 he decreased
bt one ercenlage point for ever,
one p'reenn0e point Increase 11,
the debt cape 1, ratio -Move 60'.
In such sen the 50: n01691103
of the •rlalnal plant cost will hl
increased by eich percentage pain
that the s'elghtlne of reprnduCilor
cost new pinnl le derrr,5ed
l0) 3,0,rndet lino ce 1 new abate
enn-1st .f the sunt of the follow
Ing leros.mts
fel The nrIelnal cost at the
beg] ,nln6 of the preceding cal
end ,r sear ni 111 plant etas
sit es. as Intangible Plant
Lind and Land Rights and
General Plant excluding Struc
lures and Improvements
12 The original cost at the
bee. 100 of the preceding cal
Cndr.r Year of allTher plant
Trended to reflect the Handy
Whitman Index of Puhllc Utility
Cnnstruc•ton Costs (North Cen
trll Division) 1- of July 1 prior
to the current calendar Year
Foch plant nee0unt shall be
Trended h5 us. of the following
Indexes
Plant Account All Mnnufac
tured Gas Production Plant ex
eluding Land and t and Rights
Index Tntsl Construction and
Feulpment fManufsc•ured Gas,
Distribution Plant
I flim Arrounl Clructures and
tion '.prows• 1
(31 Curtomers• Areounttng
and Collecting Expenses
(4) Sales Promotion Ex -
pensee.
(8) An Item to cover "Ad
minlatrot.te and Crustal Ez
pones , which shall be the our'
felt and reasnnablt 0033 10 the
Company of all of the subae-
counts that are Included an such
Administrative and General Ex.
perces. but the aggregate of
Administr pave Salaries and
' General Incidental Expepses
pro
practice of� the . Comr(anySe L'l
these accounts shall not exceed
In any calendar year three per
cent (3%1 of the annual gross
revenue. Including ContrlbullOni,
egratuities donations
t
exceed three -tenths of�one notpet
cent (three tenths Of Ise) of
the annual gross revenue
18) All taxes and govern
mental Impossttons of every no
lure actually paid by the Cum
pony directly to governmental
tax collecting agencies or ac
.rued In accordance with Ren
eral Acceptable accounting grin
clpleo An) tax other than an
tl valorem 110 which may
hereafter be lawfully authorlred
and therer'ter separo'ely Ira
posed by any municipality !hail
be added one) to the b1113 of
100
nlclppocustomerslity within such mu -
(n) An annual allowance Iwo
ginning January 1 1963 for
depreciation of depreciable
property
usedo andduseful In render
Ing gas serelre In the sub-
urban area ler each calendar
ordinanceleiof on term
tars
signed to recover the origlnel
cost of such dep"ecloble prop-
erty
roo-erty over the estimated aver
ape service life of each Rro0o
of properly on n a r0)ght line
basis computed by application
of the annual deareolatlor
rates mu used by the Com
pane In recordng deoreClation
on the bolks of the Company
to the marina) cost of deorecl
able property included In each
of the major property clossllt
cations and nrooerly charge
able to depreciation eepenses
Provider. however such annu
al depredation rates may be
revised periodically so as to re
Ilett all (003005 bearing on the
amount de,IRned to recoser the
00101001 rust of such depretl
able grope^lv oser Its estimated
ascrage se-vlco0fe
(0) All other eetuol and
proand operating oof peratingennce
expenses ofp the
Cumpnny
(0) An item 3o cover taxes
• loani return on Any
plant root altIncluded In the sub-
urban
uburban area Aliouoble Rate
Ilase but which la used and
ocelot 10 rendering public sere
ice therein A credit item (de-
duction from expenses) to 000'
er taxes, depredation and re
turn any plar.1 Included In
the sa area allowable
rale basease but which Is prop
erlyle rendering area
Ice outsideutaidethe suburban area
subject, however, to the prove
0)005 0f Section 1
o (101 Annual allowance for
• dallon o exult ordinary
property loseee resulting from
• e In type of goo unusual
obsolescence or unforeseen
property damage
ADprnprint0 Items may Inc pmol
livid or accrued according to ac
cepted accounting practice and
except as ce for
provvatic ed In
this ordinance for operlfle Meme.
the Ocl expe,Ienep of the Com -
pre
pony shell be the determining 3.0.
,Or 121 support Or the amountsand
rates of amortization or accrual for
suchItems• as each experience
give
Rive, a definite guide
expense
All expeAse stems whether
charged directly and entirely In a
year
calendar or amortized or OC
crued overear o tenger l{1aed 011
Hems em. and All 0 sheet
pons shall be, at palll times, re-
corded
o-corded by the Company In sub
alant101 accordance with the Uni-
form System of Accounts for Gos
6tllltles of the National Assoclatlon
o' Railroad and Unity Commis-
sioners except re 0l3 erwdse pro-
vided
In this ordinance and except
that Instlltment and carrying
charges uill he credited to gross
merchandise soles
The oII000tlnn of the Company s
operating expenses and Plant with
In and wlthol.t the suburban area
shall be made by the Company 121
ncnality re 111, a forms- la that tea
/tonality re rlec s the 00305 ns (hey
occur for rendering service within
and ullhout the said ares Any
chanrIr su, h formula mode 1y
Any rale Ill,ng inti be specifically
referred b, in a 500arulCom
muntratior filed alta the Suburban burban
Rate
Rate Authority al taC time of the
rote fltlpg
When there Is n cumulative
obalance 'n the
accounexecs* for cAllowa l e nverl.Rs In
bacons Af the be era Allowable return such
est mob mhn'I be cr.dl ted with inter
int ...meted at the current prime
raters) rate Ne refunds (after
t-xos) from any esppller shell s
eredl.ed to such account Overages
In such account may be used by
mutual agreement In :uch m-nner
as 11111 minimus or prevent vlotent
fluctuations In rotas hsland
Ink the provisions of Subsection 3
bl
Section 5 The Company shall be
en Med Ill fair and amounts deter
ng
callmined as l In an amount deter
otions
As used In lis ordinance work
nit medal shill mean an res for
onL Olen to the subu rb63 area for
the cllrndar )car of 1763 and for
each ca searercater
the
equal to the annuala,neono RO funds
such cd by the Corn 50 dodos
such Coale* r yearn I, materials
and suOn rs orl hand repasmeni5
e
nccoun[d rr, eln ante s pro enls
nnda dee lel chargee pias a
0151' (able n aorto tions otos a
cash fund 4101 does
+
��� r� ���' 1.
-li
noted by oald Clly .eel 1s
(mu pang upon the tame ,and co
dutona expressed herein and the
In, pretleu. !ranches.. hetelnabov
refer,ed to should he rep••nled an
111 reshts and privilege• r af' t
conmm�y thereunder surrerlda
et carleelled except LL,L here)
O , Hrr nrutlded Q"��y
�,�, NOP. THE IS PORE DO{PES
o S r LOUIS PARK D7E OR
M:; DAih
J '� I s' ttl�
I tet' roUlun 1 In Ihls ••rAluence p
n run Mumcin Jut' Sltnfel k
"Ir - {' .. oIl t and - Mu s'0I' Ci CII
,hall ep n resrreetive0 Tho CIC
, 1 I [ *00 3',rk the ('ouneli o
the tit1 «ttttRRRRRR St Louis Pari and
- Clerk of the ,rte f 51 Levie Par
If lit int time the towea of.t
.r .• -, , 5 •r alien lclpalll the \t llnlelpr t Comet
r the Mula telt Clerk shall
a tiro n cr.1 o In ani mer aulhorlty
"tom ~"'"! , i�' hu red , I//ter lir nfflrcr, , th rte ' an r
,yip'y_r,,,ii, n auto t, se 1th,I,ha ly1
1y� !mord . er lir oflln ret tholl h
•�'If -l' 't{ me rights pnwcre and duties here
.'zrl {5':chr[,-p. I In referred to lir nresellred to
{, tab ;t- toe Municipality the Mlerk 00
c"uncil and the Municipal Clerk re
,•, - hirNisei}
td -'c,- I he tern: Company at all men
_ } the 5tenneapoles Gas CoMpany it-
i •ee.1 u es . and lashing and th
t�I, • tr,t•g %tree la and public places
"1' T ^'1'�•'� h J. II "m Ih1 streets menses
;v h olltk ,I p,rkw ,)s res ads oquues
�� I' perk. 0Irk, tlpduel+ 11A purls
' r,1 I I,. to rhe htl1:1 I,, o fes, A herein soniact mien/Mir year of the res es
,yet • win I h. ter 1 m no. n renulreA to permit and anuhlo 1h0
r mull Int h. ht to me ludo mnnufne ComPanY to sea 1 Actual Nel
"«� .,1 '• 0 nal u cul u -e reforms• Earnings duAnH said Y
7 ,I,rurJ r,+ nnxtu-e or natural
' lid n • mfnatured Roe ar
Ilio r form of I gaseous energY
em t rte r g-. o t ureic used d Ing thio
„l,r %'reel e , et Ieml'11per .turegnnel tpre?
fisting ,t the point of met
sonable for consumers W,.,+ It 1 5• - -
ferent Messrs of service and that lowabte rote o return o e an e
3 1011er rale to one class of con In the allowable rate of return
burden 'ol getout upcnp consumers In oro increase In thea averagged cele of
other•clases long term debt caallet shall equal
The CGmpany shall have the at lenal one tenth of one percentage
right, to contract for the sale of Polnl and In no event shell the
ierruptlble h fin requiring the cus towable rote fol rreturnln bee othe
tomer to have standby equtpmenl than In multiples of one twentieth
fore use upon notice by the Com of one percentage point
pp0e The Company a rules re0u (el The allowable rate base •
101*0nns schcdu'es or conlroell for shall be the sum of the fnlr value•
curtailing Interruptible RRas service of she suburban area utility plant
Rhos be uni-armpUos apotlled to each used and useful In the public eery
subl gThe rlo�,.k Rate. apeelfled In Ir) and 1*) d (work ng Ceopllal 0.
thla section ahmi remain 'n force provided In Section 5 less overage
and effect unlit Janaory a1 1961 cont iburnge cnshid of constru eon
lee, tthe month of January. 1961
'ind thereafter In the month of structs Inlk; reflected on the Com
JanIary of each year durng the p 00 The 'fele value of the sub
remaining period covered by *his
r,rdlnatke tie Company shall de ufreasumen ut30U:y planta shall b
crease' file 31ock Rates. and may
Inorelsb the same sufficient to per- orielnat Peart ncost aincid ag lea+
mit ord enable the Company LO
realise Aetu 11 Net Earnings equal depreclotlon per books computed
to the'Allow able Annual Return as or, a monthly bails and 00^0 of
calendar (years of ltsaldg rematnlog aae defined eln 1tSubectionsw(elpind
pelendar y g (1) tees dep•eelnllOn Depreciation
period
Increases or A1,ere mad 1n thr of the 'rhe eo Cput cos new
about Rat ea to be made at ve ofa th et„a1 be computed by the use
menti the end of each of the aboJ. 11 the' retie t the tori depr0)00
baled fled rtforeca years shall n tiro resent pl the ree (3 plant
based upon loreeavts for the in geota Re pointeplu+ Three (JI Per
Tne a0^, weighting of the • re
lee Oulalae .lc e->� '
subject, heweser t0 the provl
stuns of Section 1
(10) An'ual allowance for
amortizatltn of extra-ordinat#
property losses resulting frotr'
thentge In type of gas unusual
oleo escenCe or unforeseen
property dnmagc
Appropriate items may be Amor•
sized or accrued according to 0e
cepted occounting prnetiee and,
except as otherwise provided s0
this ordlnanec for specific Verus
the actual experience of the Com
pony shall be the deternning fete•
for in support of the amounts and
rates of amortization or accrual for
gives a definite guideeh experience
All expense Items whether
charged directly and entirely in a
calendar year or amortizzeed or ae
revenue 1(2103 andaall balaa� sheet
items .holt be. at oU times. ret
stantInl seen dance nip 10 the lied
form System of Accounts for Gas
Utilities of the National Association
4 �M�ti
t
Ire calendar ear
sufficient to produce the Allowable
Annual Return plus past unab-
paste unabso^et'ed O erages the e1n
as the ease may be which may
thea term.sr of g tilsr ordinance under
n hen aorreettA al flu The Comp my shall fl le 04th the
sir lore .ore and ,, S nminds per Suburban Rote Authority -- --
1 th I S lu'0 before January 10 of each )ear
riff o1 , the nforesa'd forecasts. 191ether
rhe I, rr , suburban wren' shall with the Block Rates whish arc
lir iliac rhe liter of Rlrrnninglnn �pO1ed to be elfeeUve on bills
nrlo,,,l„ , Relrhls Cr. <t el FrlAlev, renderca of er January 01 of thnl
111, ny,n. II„I,hin,A oh S I.nuls
I Ilk nl,l lt,tr ill the shots OI
iter •Irak stn Letter Rrnnkltn Park
lee a aha,. 1 f elle a Eden Prairie
I S,. l'I'r Golden V 11105 Green
list 11.m hl \lorningnille CNtwC 11000
U..." 1 borewnod III nd IC V ondl0 d
SnelllOR 01111,
mIII h1,,.1111, r ries nolaeent IC
ii 1 the CAI, nlr 5tlnnt apnti< r
n. lr i•uburhm Ira, may be In
, li t., eel iitnrene min" 00.h Irssu hletl 110
t ,1 pr,, limns n 1 Strllnn 2
11110 te`h ell Sncanh ,nn t nrggnnitt
p, . ,,, .,.l lar of me me nber op
1•ntuf11 b5 the Municipal Council
f e ere, 51unn 1p,llls In the sub
,(1„n a c., idol t'ng this nrdln0nee
fed , +lsllnr for the purpose of ad
lel. • Ing the late pro% lslona of
this nr,Ln beer Il 1. empowered tc
mcee.). a nneull ants end others and
.testi t�I ,ter ..,i ,h r will enabletg 11
rrnp.il5 to perform the funellont
re In 1 Tried 1n -
..m 11un 2 There Is hereh)
. r.n1.3 p, Mume•ta111s Gs. Com
loo, 11< utcee• nrs Ord assigns
r ,r , lit 1',"11 caletttllne to January
I, idt not of hl. ordmoncrl M the
r in eel, ,lid „ ,iter .f rights 1 y
lid 0,111p,m renuirrd h5 Section
hr tend enil wetter( to the terms
lid moll. lid I unit mons herein
-tr,li1 ,1 1h.r , t,gh1 sell and tel tr G
, 011 ,�tht r I poem's,. R (thin Ithc nllm
lmun
reef Ih: llulne ipalll, as r 0
,e o , t, m n �l, mlcd s In.t the a future
lid h, I h it peirllnw 1n est ,1,11011
I, net 1" n1 dilldnln5 .1 nonnuhe
,,run eel d, a ,, t dn. nervier
lid eat eel lnrll,Mm rtenanret
h. 1111 „nut lettere salt
lid ,ll, I ll ulnon Int c 1. In and
h • nett `tun tmalel' ndilIn (In1 al
,. h`u•t lnar'e , in l thea Items
1 h.Il, rr,t r,t n 1 the. nb10(lee'! sub
rt hrnnJe `I hl, fr,nrhl<elrProvided
, ` ,ll, th ,1 lief.nt .114 Onfllpan5
a.Iln It t,hll.h ,,t plant In said
Im an., ll. d1 , fur the m m0facturt
1 1,5 1111 app110 d of the MU
I..1 (run, ll a,f the lot ,tion there l
II 1. 1 the a tI erne d a rc .itmtliC
rellr n ',t .ell Cnuned rhale be
f r.l „ht e,,t,I •b5 5.111 Company
If u" nh'11 lir pets Atte to mann
r , to lion. I„ r 11.111 xl„ sin, rnnnextd
i rlhi , .1 ,II ht ,wnrtl lir con
eie d t„ tau t amp en, ,l the dale
,, to ,Ise) ,11 n fr„n, ,I .ndht after n the
f , 5.ino, od during the
,Ili , n f rlh, term I hetenl he ex
r I et . mb nllcd le, the pro.
.11 Uu, nnbn me The Cnm
I I, r In ala ; Ice Plant
111`, rail o, . ,0111 , onnldy of
1 t lit r nd . Cn.nmen. el o lnncr The
1 Mit � 1, 1 III ale ,cele terinofu thrll is
011 h,t Ie r" I, hl to as
. able (0,51 of such de1 )
1.11 n „i,nu, Ser m et thl. ehnuldl
• 1 l r a nn.Ir ,td 1, IMwlr,lld crem-
II,s.• I.,d. , , c, deist Issues
1l nn 1 The 1L th p'In% shall
,rre ,h to Ind collect and re•
lost 111 re ,snennblc rate.
(,,rye ,011 eel •,n•ren.nt, 1a here•
.IIIc Ilan egad The altering
n,1,ng or re,d.i50 n1 ant rales
„Ir ht the Cmm� n to Ohlaln
„nhanre v 1111 this rdinance
loll Ic ht the Sohuroan Rate Au•
,rets T`1e said Suhu 5 to Rate
Iothnrlts esi.ls fnr the purpose f
. mw Ing go% rn les mode by the
e�nlpan% and undertaking aPPrce
preate ,c'Inn thereon .a m this or
•, nre -uthnnred
\nlmnt In IDtt nrdi0anee arall
I ern enc the pater herein gisen to
1, r S amends Rr fere u¢ r Company
res from (rine hereafter dele-
•eri h. law to tome Other gas-
. tern al ,thnrlts
r llroot ands Iter the tied)' a date
• f this nedlnanee the Company
., ell charge dernnnd collect end
til, `) FHi Y' 'S
ISL { .
'rt
1
'rte �- x4--15
a-•- i Y2 ac''
1 L
year
Prnv)ded however 1n order to
mint nlze or prevent excelS've Ruc
Cm'lane 1n the Block 110101 the
Company may addyear sly On of
during a citend tr year but 001
Block t Rates In thergsamee manner
as provided above for the adjust
maul of said Blnek rotes t or
about t.Ie end of each calendar
year
In making Increases or decreases
In the Block Rotes hereunder frac
11ons of one half (ts) cent or more
shall be counted as one cent and
fractions of less than one half 1',1
thea current Period g*3 concerned n.
fel The Company agrees not to
make ant change In rates per
mltted or required by lhls oral
mance either b) n,tertng the ells
slllcotlon thereof or otherwise un
111 of er twenty ,201 days notice
to a the sSub' rbangrRole Authnrit n
Suet notice shale be deemed to
hay'• ben Riven when a wrltlen
chonresrst In such orales h signed hs
the 'ompany. shall he filed with
the , *turban Rale Authority The
muttons reports and estatementsfre
mal.Itic requiredc by the RSuburban
Rate Authority Any change in
rales made pursuant to the term+
of illi 0.0100nee shall be mode of
feclr5e as soon as prattle able of
ter the expiration of each alendar
year Subject to the pr. iso In
tb Pro
vldye t
hat 1e
$uhstC
tion 3 1
fare any ortc ea new clo by the
sum rs for any new glen of can
Cnmoans hshall R talent 1101 %dao,
almlinr node to m0 Suburban Rat
Aa)4 grate of hbeh mei, be alteeredt
amended or retired within 1101
Mats thereafter as In this section
o rntided The 0111ng of an) notice
with the Suburban Role Authority
as requited bS thin nrdlnance .hall
be deemed nolle to this munlcl
pa11 1
Id1 The Cnmpant agrees that
any change In rtes made bs 1he
Company not in accordance with
this nrthnnnee mat he altered
amended r re%toed so as to con
Inrm to the protl.lnns of this lir
dmanee and according to the terms
Ihcreo1 b5 m engbteer, nt.dltnr lir
accountant "f the Suburban Rates
Ault lett% A 11* appointed fnr .uch
purpose The engineer auditor nr
au uhliert lintel experrienced sin llputt
Itc ttillt, regulatory n ot'ets and
n cmpl n ee of the 1 e,d Suburhon
(tate Aulhnr115 Any such otter,,
,Inn amendment nr revision :hall
hr made h, order staling the rel
Conlpahere,sithlna awe ts5 (20lrs dohs
ole. notice of such nrnitn,ed rhes
shall he Risen by the Cnmpany as
In lhla "romance prnslded The
Onmpp pgrrt Ft ,hearin RVe lid Crevllewi t 1
sL rh altrrat,O0 amendment lir re
pruducllon 1001 new pI eel ahsl1
useA os long o. the umpanY s
rutin .0 debt capita] 4005 not ex
coed 60' at the beginning of the
50' welghling of, the Ce reproduction
by tone a• ercentage t1poin for revery
one percentage pont increase In
the debt capltnl ratlo above 60:
In such even, the 501 weighting
Of the , lat e' plant cost will he
Increased h+ each perce'taKe point 1
that the weighting of reproduCtlor
cost new plant la decreased
fe) Reproduction teat new” shall
consist of the sum of the follow
Ing ,mounts
f11 The riginal cost at the
cndar t sc,rf 1 all plantg ties
(POG on Intangible Plant
L.nnA nd Land Rights and
General Plnnt excluding Strut
tures and Improvements
12 The original cost at the
herr. nR of the preceding cal
endkr sear M ail other plant
trended to reflect the Randy
lVhllman Indem of Public Utility
Cnnslruc.inn Costs (North Cn
inn11 e currertr calendart veer
Each plant acenunt shell ire
trended b5 use of the following
indexes
tiered Gasc Production Plant tee0
eluding Land and Lond Right+
Index Tntal Construction nn1
Fqulpment 'Manufactured Gaal
Distribution Plsnl
Plant Acenanl Structures and
Improvements Inde. Strut
lures and Improvements
Plant Account Mains - Steel
index tonins • Steel
P1nnt Aeeount Mains Cast
Iron Index Mall. Cost Iron
Plant Account Pumping end
Regulating Foulpmeat ladr5
Mechanical Equipment exchu
stye 0f Go. holders
Plant Acenitnt Services Index
'.era Ice+
Plant Account Meters Index
51C1crs
Plant Aermini Meter Instal
1 etlans Index Meter Installu
lions
Ae la
Plant
Arr0nnl N
nu 11 R0
P.la 1Aero }in11ou RR emit: o
Plant :idiom t ndex ReRHouse
Inst 'Intlons Inde. Nouse
Regulator Installations
Plant Aerount Others Properly
0n Custnmcrs Premises Index
elrurtures ,nd Improvement■
f.ener'l Plant
Plant Account Structures and
linprotementO Inde. Strut
lures and Imprnvements
A n, rshereafterl het established
ah R b,e trended In neenrdnnte
IIA ,le pprnprnte II,nis
Whitlrlan Index
rIl The nrlglnal ens* of the
gems p1001 nddlllnn< tests re
tlrements In,te,llyd m the pre
t eding calendar %ear
101 The nrlOinnl Cn51 of the
cross pl ant ,ddllinrs less
Ilrrmentl Installed 110r1na the
current calendar year nvera0cd
nn monlhl5 basis
Ifs At th1. end Of each five
0( ,r 'nlersa the ennalruelinn enal
trends csn. rented hs the CnnlpDmv
since the ndntinn * I1is ordinance
.holt be mrored ullh the to
nprl tic II Inds Whitman index
If after •u,h r. mnarls'n the 11r
men 0 sts o a" thea Cnninanl 0 et
nerienee 1% 115 " or less of 1l"
Inlnl renr••ducllnn cost nay marl
the Ilnnds Whtinenn Index masts ill
lir ter ,•C 1) f the Ihdifferencedl eareeds
15 Thr n,rtlee agree to ndlets*
the 11 end, Whitman costs in relic.,
Cnmpnm experience
in the• cent the Hund, Whllm ,n
index 0) Pabllt Utildv Cnnsirucuur
110 sal etw•r Cls tnl longer revnllr
hle mutter similar Index mutu J
Iv °Recenhle In the Lot-sonnY and
the Snhuth n Rnte Authority will
be tired
IRI As used In this ordinance
Arlual Vet E,rnlogs of the Com
piers •11,11 tnn'lst of the balance
remninmg ,Iter deducting from the
from the c nlnnul,clureg purchase
Idtu ale Ir fnsgl„11I alnld Inisthe usaid
velert 01 10611 .Indus 0h calendar
year thereafter 1 111%1 tnlInwing nP•
crating end m,lntenance costs and
etnenes tnnnerled with the m enu
facture purchase mixture inns
pm tntinn dlstrlhulinn and ,le of
g,s .old do the said suburban ,re e
during such C ,tend ,r periods
11, Prtrluctlnn Feppeenses In
ct diIn Distributio rind rUlltlra
Rollroad and UtUlty Commie-
sinners exeeet a oU erwise pro•
vlded In this ordinance and except
Llai installment and carrying
charges will be credited to groes
merchandise soles yy
The nllocotln feet nth Compaany
operating expo
In nA without the suburban arae
shall be made by the Coln1,any in
accordance with a formt la that rea-
sonably rcftee.s the costs as they
occur for rendering service within
and without the sald area Any
change In such fornula made to
ony rate 111.00 will be specifically
referred to in a separate cam
Rat ecAuthorltye t e lnel U eu ofr the
rate '11ing
When there 1s a balance In the
account for cumulative overage In
excess of the allowable return such
balance sha'l be credited wllh Inter
est computed at the current prime
interest rate Ne. refunds (otter
credited rto au0h 00000ntr Overages
In such account may be used by
as wtII minimisers ort prey nt violent
fluctuations fn rates notwllhstand
Int, the provisions of Subsection 2
Ibl
Section 5 The Company shall De
en'illed to fair and adequate work
nft capita In an amount deter
nixed as follows
As used In ti's ordinance "work
Ing capital shall mean an omovnt
opnlicable to the suburban area for
eachc�i calendar gr yeare�therea lerr
equal to me annual average funds
suers t calendar h y earsm In rs materials
accounts receivabledp prepavmets
and defer-ei charg1es properly
castrg funds eoual pion leen x11011 days
.ILlr1ge dully operating expenses
and rase+ plus one eight 1 L) of
luxes rsntess credltnn 100 111es an ua
n0eraRa 1ef accrued taxes and pur
L h,sed Ras accounts payable
The working appal computed In
accordance with the foreaoinR for
nbula sha11 be Included 1n the a,
Inwablc rate base as provided In
Subsection a 101
Section H— The Company shat
file with the Suburban Rate Au
shall be kepis openh fort nubileDl*5
<pectton showing all rates charges
compensation forms of contracts o
meets
mad
e es
tattle
bed
n
a sec
a
with
enforced or In arc e
nforced
together. t ,11 esu end am
togethre with ao rules and regular
,tons rola rend l0 rales chnrRes n
servleea denaered 0r to be ren
andf olid all Dde bye a Com
pad (ao its u.bomed DI lt)' Cnm
urby to Iia rhemers r lh• sub•
urbho Dreg The Suburban Rate
anyh reeasonable timeg to Inspec. a%t
amine and audit the accounts
books records reports cor tracts
documents and papers of a Com
pent The said Suburban Rate
Authority mat appoint or designate
the person or persons to make such
inspection exnm'natton or audit
vlslnn In the coatis of the Snle h1
mimde • s hereforprg ithln p thirtyn (201
dass aher notice of such alter»
1100 amendment r retlsIOn and
d torch hearing and review is ap-
plln for then until such otters
11en amendment or revbinn shale
be finally sustained or olteed 1.0
ouch rnurts the rote mode by 1he
Company shall remain In effect fnr
IM period as provided 1n this or
apps cationt for review the Cemmtny
shall 111e with the Clerk of Cnurt
n cnrpnr0te undertaking requiring
1 uch otheererelief as said coorits mtav
order An the hearing veovlded fnr
herein on the Issue or Issues raised
by the afnresald order the court
shall consider all evidence which
may be relevant and proper
le) The Company agrees that
when no change al It he 0,1sting
rate le proposed
rate filing, the said Suburban Rate
Authority sha11 hate the paw=r to
after amend lir 00015! the Bald
e rate in the manner per.
Su lnection 2 Ids If the
Station 7 :'he Company shall at
all times keep maintain and pre
serve fnr the auhurhan area proper
and necurote englneerlaa amount
Ina financial and stallstical see
orris relating to the construction
cost maintenance and operation of
Its property w11)0h at alt Ilene.
sh111 show correctly and In detail
,II Its financlnl IransletIOnz In
eluding 0(1 of 1ls receipts and dfs
burst nends , d the pnrticulnrs
thereof and all alta needful for
Ind prepor �a tg hereinaf er51 pro Ided
for
The Comp in1 eh 111 each month
tapirs ,net file ith the Suburban
Rule Authority the ftlnwing
111 A detailed tatement of all
l+sct. and listni lies of the Cnm
mMlna llnnrllh the rinse of the pre
1 11,1 A dcl,iled +tltcmt 0t haw
Ing rnurre nd application of rev
cnues of the Connote, foam the
,le of Ras and of by products and
/rum all nlner .nnren fnr the pre
incltudingl the t'reacrime mnnthg ales
11 enptntlures elf the Cmm�nn
I terest„ mold r the 0031 0)A all mate
rills used In the manufacture o
gad allo nner Bine C yaen,ts alta es
noir. and of 111 prnperty real or
per.nn el b, it toirrh 1 ed nrqulrel)
conrlructed or Installed stld stale
hnwa the, net Incomers f'' the ,Com
l lane Irnm Its regu',r business rind
r r idisposition (111 a As inenmCe use
I The Compa•IV shall also from
erating ands fin. ocll l eport, and
such niter Inlnrmntinn reports and
:011 hhusiianesseRaandg the conduct
thnrlty matlhrequirerhAll Atnformo
.tag—. Wien
llnn moor's and statements fur. relocl tion the Municipality shall re
n shed to the Suburban Rate Au I mburse the Company fnr suth non
'harm by the Company shall be "tett. 'ment relocation expen5e which
certified by t10 Presider. Sec IIIc Company ay Incur o1 n time
rotary or other proper officer n led oat0r1a1 hosts PrnvlCed how
dinar', of this ord'oance and shall
continue In default for more than
ninety 90) days after recdvtng
notice Irom the Municipality of
such de ault the Municipal Coma
til nay by ordinance duly passed
no d ad 'pled terminate a') right!,
grant d under this ordinance to the
Company The so'd nonce of de-
fend
o-
(and shall be In writing and shag
ppeeclly the provisions of this or-
dinance to the performance of
which It Is claimed that the Com
pony 1. In default St.ch nonce
all be aerled In the manner pro-
11ed by the lows of Minnesota for
the service of a summons and Lom-
a0! civil
laaction
y lc ordinance reason-
ableness cc
pass' d declaring a forfeiture of the
rights and prhtleges granted by
this franchise ordlnanee shall be
subject to reslew by a court of
competent Jurisdiction
Section 4 Any change of the
ern of gove-nmcnt at the Mu
nlclp ,Illy as ot.thorlaed by the State
of 1llnnesota shall not affect the
valli'ty of (hit franchise Any mu
n'cleal corporation succeeding the
Municipality retail without the eon
gen of the I emt'-my, succeed tri
oil (Inc Ir, hlo end a 1lienIIon. of
(0 11unleltu.1lly pre hied In 1h1,
franchise
Section 25 Except as herein
otherwise a iftcally provided
nene,er notice Is to be given to
the Company such nodce In writ
int addressed to the President
.1,0 Prestdert Secretary or Treas-
urer of the Company and de
II, ered at th,_ Mlnneapolla office of
(ht. Compon) shall be service of
su,h notice and whenever notice
Is to be glue n to the Munldpality,
such notice In writing addressed
to the Munl:lnal Clerk and delle
erect ,t hes office shall be service
of such notice and whenever no -
tine Is to .10gllen to the Sub -
u -non Rate Authority such nonce
Ir writing addressed to such Sub•
u-h,n Rale Authority end delivered
1,. Its office or to One of the mem
hers of Its golerntng body, ahn11
be ser Ice of such notice
Section 2E An ordinance entitled
• Granting to Minneapolis Gas Llpht
Company its successors and as-
signs the r ght to manulaeture Im
t o -t trans) ort sell and distribute
f as for Mating Illuminating and
)her pure 1506 In the village o;
'.1 Louis Park and to are the
treels till nuts and ,Ileus thereof
!or That part -Rise passed On the
22nd day 3t December 1947 and
(Inc Wend neat+ thereto passed on
the 28th d15 of Augus, 1950 ore
her, bo re;'ea'ed
Section J7 This ordinance 5110!
be null Ot d void unless the Cnm
early shall atter the publlcntinn
thereof and prior to April 1 1963
file with the Municipal Clerk a
urItter nc:eptance 3f the same and
In agreement on Its a ert signed
and nekr out, dged In Its behalf
under Its corporate Real by its duly
authorised officers to surrender all
the Company ever r0tning in this ordinance con
Section 8 The provisions of this 111nel stroll dep•tee the Company
ordm rare relative In allowablean of IL, rights under Section 10140
nu.,l •01Urn allowlnle rate Or re itin 1.1010 Statutes
turn a(lopahle rate base and ac NoJnng contained In this sec'lon
1
croint
1 u ,tuna `In dtprect ovtal Ilion
rates braces se .11 requ,r, the Company to re•
pr ,move and replace Its mains or to
and 'th,r requirements shall In rut end rec0nr eel its service pipe
Conon I red -r•
5 lwonnl9Minnar hereof
f m `t runn ort from the main to the ^us
no Prim r s prumacs at 'ts own ex ah
ur sI ht or 11,1,9 herein contained pea,• wh, re the removal and re
' hall be construe. . an ad most.' lilac' men, r cutting ,rd reconnect
ober b1 1110 Munich) silty or (Inc Ing IS made for the purpose of
Con pan. In euanetllon v.1 n any mor expccltlouS aper •tion for the
proof ed,0p for the acquisition of eon.lrucit., or reconstruct on of
11. Cornpanv5 p10911) or an)I.Ilrt Sewer or Nater sl stem nor
part c111. ondemnation mule ,hoer eroe eminent domain .h 111 anything contained hercln re
r 119 an, cersen pc -sons or cur
or ,uru,tlon with any proceeding par liens f om Ilahlhtl ,rising- out
for room
salualion of the Con,piny0 f,( he (allure to ex0re00 reason
prole ray ,.0 ant pi't there. due 1,10 arc in ,10,91 Injuring the Io
Ing oralter Ore 11 minalloo hc•c Con, pilo v 11911111es Phil, perform
of or connection pith any Pro Ing on, pork _onnee rd Pith grad
10011nr In
the fixing of rales al Ing -egr ,ding or changing the line
ler til I' roti, Mon 11(000) in atil of 111 ,lice, or public place or
of ll'` nth 11 prnteerinlgs the "Nur el idh the construction nr rec0nstruc
er
clop ldrtrrminln t 11 11�\lirrr' 11,,' 5IIIn1111111,1,1 opt.• est rt ll.
Imp', I In rani nal r• holt 0110001,1„ 1 , .,0"110 1,. , 1n, ole ,1 ,ll 11, 1.1
rate of return and allow .1i. rIle Lill lea th, Cnnmlm a ,rh 111 proceed
ba , under Section 0 hereof the pith uch r, Inc moo 1f such rr
huo.s nd records of 130 Comp111110.]1101 ,s done without an ,gree
and Its rraderrs,ors made and pent re, helm mode 10 to Phf.
kept prior to I1c 1/350800 of this .hail I ' 'or 1110 relnraLlnn en,(
-A1111 net shall Le used lnso„r 1.s s th r.lnennon of 11,0 (aetll•ies h,
1. et rr In opplsrng 5,111 Sec,lln the C ,lar and 411,11 not le con
4 ctr ucd 15 1 1 Mer 01 Its right to
e^hon 1C The books of account he re, nhnrsen for the relnclliml
.1, 111 ,nnla,n 1n ,[count that ma, cu.• If (no Cnm1,1ns el alms thnl
1, sign'led as Res, roc for I)r It should lr relmhursed Inc such
Orr, 1 .tion nI 1,111.11 Pia et or senrel.,- mon costs I, shall nnllfy Ih
11 ,r line 111,1011 shall show ,t 111 5.1 micro -011v ,lthln len 110, 11113
1111,5,911early 10 1111) 15, the an alter rot elpt st.eh order
vircedr el or }Inured I. Nance of Se, tion 16 The MMalnclpahl, shall
lcemoulaledcharges to operating rl,c the Cron; env rrl•0n dole 11,11
ev1r^m1.9 on account o' de(recla len notice of pins 10- street 'm
hon r, pl,cemer Is rena , lis Or rc nrn,ernen n „here posing or recur
lir, 1' nls When any "Peri, 14 f cine n perm,neril nature Is
h,ndeneil11,, oA 0,nh51 4 n,.
E1,In, 01,0te bleb notice stroll cuntat1
re I red Iror, or 1+sed and lige n ,lure Ind char telt r the
11, ^'ill 111 Ihr puhll^ sere 'cc for 1 lmpro, emetic• the I -e015 ng- upon
1111,
1111 1010,1 organ d cos 01111 pile. lh1 I nprnlelnrnls 1-e to be
Inrrr,ht,11 to the npproprmtc cop made the extent ,' the improve
1111 ,ton„nl and such ,
runt plus 'tents 1nel Inc time schen the
hr • not Inneent 11 to s .111 abdndon ltunicip 111(3 1s going to st .0) the
^til r,n,,1.1 111111,10 neat or re work and 1) mo,e than Inc street
tir, me 11 ,h,11 be char4.11 to said Is in, ,.It I d the orree in which the,
hop", hoper 11 the work Is to proceed 1, -"Ing or re
p .,
1,1. ,5 ,1 he lollnulrlg par' curinernc n! 1 permanent nature
rr ,11 Ihr tall .rc Ialuc reeel,cd refers mole In Portland cement
n,l ,I ler countsrecovt come:red come: a or high p.m h 11
llumin0s
Ir, , n•1 pr0,oert, all 131 tee e'er! cc-mere-C.
cnere.
1 , III pd 1 s. 010 7 he notice shot( be gi, en to the
hew n sui,stanitll segment of Comp in, a 4u!(IcIert length of
111 C. moor., a uh1115 properly 1. time ecnsldering sensonnble stork
re Jilted to he abmdnnrd and re Int conditions In Id,anrc M the
hr^d fro 11 Senlre because of ,c all commencement of toe sot*
11 lace of I,ht of 1 f or unusual to permit the Cm ,pan, In make
1.al leseencc or un 55een proper one 1841110,,. eller l t lnn9nre
le d 1,l ore Ind • ch prop(yrer11 le poles n Its 1'clunes deemed notes
11 lull) co,rrrd 1,1 the drprcel, 1 1 1,5 1'
Iron reser, c or other res, n rs or In rase+ nhere streets ore it
1,5 two,'nee Then the u,nfr, oscrrd final ,tlith 101 grade and the
1111 ,are of at ch pr' pert, hall 1x' lfunle, pall), has lost -riled under
cr. riled In the do mart :Minn l eser,e crnund or \. etre or gins
or other apt rope' r ese-se b Id
Ir Lh aged o n deferred Alar ge
i13t 119 rico „el I 1
'1
rs lir peri} tosses Chars-, la
, rid d ,1
efer rd a eenuht :till
c 111,0rtlre1 1, .1'10(905 to op,
r ding t xprry es ,s ern. les 11 of
Ill
limn a
11 the Onq til cosi ,c het '10111
1,5 the boot, and records of the
1 l,
C,.,,pll 115 ptea.nr, ill
m
aom,t shall be a 0eoted ane
rt mrd stroll to mod,rhv the Cum
Is m, shop t(Inc f 1, + upon p0Ic1
nd 1 03,1,1 t1 4 hosed tic mar
1
r .1 4111, h 11\ Is determined and
11, person 1 , phml R was mode
01 s 1111 1.41 11111. ,mount to
1,1110 p 111 tern.. al costs and sal
,1e )•,lu ng- nth,! 1711n111110 rc
1 11 NI 1r •, cu, recd from slid pro
. et,.all ,11 Ire tier'' 0 0 Inc m theV
1 rhnu
n, . ,,^1 oft nruo Iden
r„I
an 111 111. C minor, shall 11
oiltit rr• hoop m mt11r and pre
s. rye ail he lost, 1 records nnfs
o count+ .1 Int thine moils Cas
1 rent C1.111.1111.
1
11 on or
u rowed on Il r the 1,it9lofthe 1 air
til 11111m s, to 1n1 Pie 1(Irnrah1111
(.„ I Irh Cnrn Incnr. moral...,
.ening t0 tier 1c l'ps of the
ane ICo,aop-my0
iv.
the •
ore dee.
x710003
re 1 nr11• Inst a1rel 1, boll at Ill
+,h. 1111.0 1„ 1„ 1 11 Suburban Rnt Aei
to 1torn net I toy the e
steno 1,„ It de `A 1111,01100 no pro
51,11 ;I In ser h, n 5 1n resn,01 In
Rle 1'„hi 1,10 d' ,al ,,.,.'his of
111^ e 1 in 1 I l C
atilt ('r m' 1i11 to lc, 11 g-((1 Ih I 1 l f C
I , r 11 • 111,d Ix, , + t ,rah auks of
re 1eunt 11011111 r 11111111 oth, r
thin„ re rll m.) he the h rl'S 9,9111 citron n ac^sort The 1. Ind) n , In I1 l ,lel of the prop, 115
trolled 1 1 1. Co or , t 11 Thin the
suburb, t 1 this purpose
the 11,t re old r g-1+ (11 tom 0,t rd h r nolo} not oftener 'holt
tip n11c, 151,nn, .(bode. 11IS` If l 11
C iso` 1, hie Compote.; of •Ian 000,1,1 or tart Iu
Ind ^ 1ln,ll, 0IL+ !.Ir9l Con
w 111111'101rr, 0-1 Inti,., Ito r 11',1 s=uburb 1n
!tote u,hn Cls' n 11e I rocee0 n
111 ,'c 21 00191011 cost 0115
I c 11 a All n real„ Is added
shall 1, 1,,Irre, Inc l:ruk t
11, art, .1 origin, (0.t
•cell„ 12 Toe Cnn'p^n)
In 1:1011,0 is and pmt,
♦noon ill mgnlrernems1 f 1g-
ors
51100lrto do ns 1 r. Ihr C(l'nluIlrl1 hall
t ala +aide 101ta0 1n the 1
metro nclne..-r of 11 ms In Mis
Y
I(5in r111 1rs ' 111,slnt05 p at of of such rmn,n, rirol
sh 111
not while arf.re with .stat,
IlsheA uma1211 pIt1,cning Ketch
If l scr,uc beyond the bar
derss .,1 Ir, c carbon Irea as here
,n 11, 1 ncd shot! not col,ectt1cl,
,st try unfit ,• 1nr-rcn nn 'hc cus
lnnlr,s 1 , rt suburb11 area
Ser (01 17 Flo council of th
11unh t,11,1, 01-11 IC.1 (Inc right
o 1011, 1.11 ,tide ru1.s ,n
re(11 ,hors crrsslr)
In lrol'r 'r rot.l.te ,o,nel prom,
sere 1 ri a al unleln,t, , shat
If, the p„ 1, mos ick for t1
rnlll anon and
1010,1 min 0x111, ,C1 1,1 •<1
ml �,'1 til 11,0 rr+u "e. ,In
I0,,) r to 1', ,, d or m,
oil erg , the qu]ntillr
t , ,
MVO. •lir r ih, C1.11111 1111
1„ g-1 1 le , 1 rim Intl Ise err or
tin ,til Id or ht,- 3r.
I m . ,r. 1 of 0,11 ap, ,-11 _ fi r
•, r, tae connections the
to the nrnperly rights anti privileges under thn Or-
Icor
-Melting ng- r, e'1 prime [n r'Inance el scribed In Section 20 and
neernanret pnlnr or resurf0clnr n/ to comply with abide by keep and
lurk rert, nd she Copping 41 permrm 111 or the terms condi
m dr Is located unit, such tree !Ions and requirements herein con
the Co noon,. to Lt required h'
malall cos ser, are connections ppn
trained pen Ila port to be Com
In 001 "151” nr resurl,eing n11ed utl�l or performed 1,311 that
1\hrne,rr It w onnorent rant q,< the Companyy will not contest the
se -,Ice 1,111 he 00ttulre11 during (Inc rate nr
M 1lo ordinance or of env
rate ng- raIC9 which are m ac -
1150 ears follmling the p,,ing ng- cnrdarce with the terms hereof ex
rr.,lrl+, lar cent ns herein expressly provided
Section 17 All malls ser, Ices
eOs r0000S and other nrnner.. end 0001100 28 The exeCnbc of the
lerill hos sh111 he n Inrltcd Inc nubllrntlnn Of 1019 ordinance shell
sir Jett A mslliled c Ind nrnlnlotnrd 00111 by the Company
14 t m rnnnnurr ng- unnrceas enh Secttnn 29 1) this ordinance Is mol
mh •Rrc 11nh the 11.11 d mA cue adopted h, htarch 1 1963 by muni
on, or, trade traffic d Ira\rl alpalllte, In , Inch stateside and
,n the streets old nJ ., h1 place+ I\sn•ihllds pore. til f the customers
01 M 1lunicln Olt The Comport, n! InctCompany In the suburban
lnol
shall keep ,011 n 1151,11, 0l1 of 11, area are Incased the same
The
,'nl'erts In gond condition order Council Innv eel t the +nm1• Thc
and renolr n 1in1 the some 9,11 Co n non( Cerra to fieforele with the
ch
not menace or endln.er tee Ilfc or 1 (963 Clerk on or emen 1rh•ss
prop rt1 til n1 lO't on The 11,101 15rthe sworn bin tem eat rner
clllall 1 1110 /tote the right to In Ing the 10101 rum000her of cthc rs
'eel total
and examine at any reason number Ihr 5101 conn nets nA the incl
nide t,me the p•oPerly oil rA r ols n( which
the r mncc nal
<ed 111 Pare nr In whole b\ the been
10 nlyd the ordinance has
It
Cnmolnl Io• me purpose, of multi born nAn heA if lInthiordinance r
facluning disirrbpl,nr furnishing naked the pmol} lithe without this lir
er
scillne ass In the suhurbIl to este eh all 119onynrelud n
p etcher girl} In ony su0sequenl
eeeccdine
0001 Ion IB ('Inc rnv agrees Conry 30 Three }oohs after
Ih11r.1, ((reuse January 1 d 1001 Jam r 1 19S •Stier the Com
nit (era ,h„1 0)1000000 Inc )ear t„ Thor rr the Suburban Stott. Au
he 1popcd1111 eneratm ex Iha9l ty cony request)(uh1 rCL1elV r'
rote
14 the 15 comp env and which She uIIIr5I103 of whether Sect Ileo and
mrmu n contained In Sc purpose
s 4 and
a user u pecan omr' 1 3501' nsb,o the purp00e cy
pec 1915r til mnlmle ncf sushi sec•ior �n Such
first natty rC of
cg- purpose s , a ug- 5 r oil section 4 Such rc1tcsv cony its Iii
3 ni s rrh 131 IA
l lc roots 110 gas thereto-
by making other port' requc it
•here ll puha ,fila I11 1rs Au '90rmo• to Ihr. uarDarty (erg
ga.1 Ill .11111 ,1nt,1 naso rot • p month i Januar, nfl IOGG Ther
e Author!
'Moll 1'0 sub],at n ponstble re, iston 111111d,n the Con- pony. shn rill[ review a d
I I'9 •ubll rel In 11 tic Au bort', r cuss such question with emit
other thoroughly and In good faith
"c ,fur+' nm ua , for n perk51 not In evicecd sox
months An, change In cold rale
formu'1 sh111 Inc prosleeilc In no
talion 0115 and shall he mode by
nrndrmcni 101 Sertio,5 4 or 5 Any
pooch amendment to Inc rtfecrne
must he adapted htfiro December
1 1'11,6 by i nlelp tilde 1 In which
s10 1 so, and tt\10 (II d, 0000011 til
111C Cis omt rs of he Com pins 11
Ih, 011 urlln Irrn Ire lila 011 tine
1 (011 In wrlling by the Cnmpanv
In Ih, furan 1( 0.1, .1 In sr0110,, 27
01 tor to 3 notary 1 ('167 In the tib
of uch merriment 30
1,lupl In nn accent, I'11e (Inc rand
farm all <intllnrr, In Sec Inas 4 and
Or NI he nod r, m nn In effect
1100 franchise the bol lore of 100 term of
Ihle Section
one
Secllnn 31 1f any 1001'00 para
seenertipsthis Orlin 0101sh or a 51
5(0,, of this ordinance shall be ad
jLdged leral
he some shall not a['ect 0 or s(PC'valid
I y o' this ordinance as n whole
110,311 any
2c part
rrt or decided l la be Int
n 5 alai n0 untonstltutlenaI
sect on 32rhos ordinance shall
lake [eke, fifteen (151 days Otter
I 11, plelilea'Inn 008 Iib aceeptarce
,herr .11cr by 111. Lornolhly subject
to the ,3001:1nns of Section 29 ^111
fn- ron101ct at 1tisllc ard ,dmml
sir,tnr purpnsts shall 110 onfnrced
h. on J -mu,ry 1 1351
II Adorittdf 1,0 (10 11519Councll me
n /K!
s, r11 150LFY
aLn11r
ser 'Ion In The Co001111 shall 11
111 111nr s n-n,Idr •end furnish no
`
. can de • ,fl Ind 0,1•In5
unwe
015 of ensIn 111 11unterp411•y ,1nd
1 9 10(1,1,111110 anlj, et (11,0 seer
In the,” pros kions f til•
..001,01 1,1 ' Comport,. sells and
els ,O,ule, 115 lhrnul hoot Its entire
n1'11 Pot lin ,slue rn, n nodi
g,4 dl tr(bniret by the Cnm(11111 Is
furn111,11 In the 1'Ipelinr,stem
' Ind n.l opernlroperated1,5 1
Leo'rlhc, OI,,r,1• s comp ,,(• n,111r11
n1n♦ the 1- tele ,l
1. _rot (: es Art n r
hich snhlrrt,
5,111 Northern 5111,1,1 Gos Corn
010 to the lurisdletiol of the Fed s
era! .ower Cmotois•lo,
The Cnmplo\ shall not be 11
▪ 9(0 co the ai uniclp,lll + or Its In
habitants nor sh^11 the 1Iunlclpall
1 or ons In(ahll,n( (ho Is t cue
tamer of the Company be liable
to the Comm15 hereunder by rc,
son of the (allure of the Company
dells., or of the 1'unlerpoli 1
or ] customer to reces.e n Itur I1
1 10 14 ,' salt of 01 ' Cod or
Inctpublic(nan11 In__ Ill\ of pipe
Ione .upl'ller to , rn lnh 111 otIequate
sIlmi) (11,0 tolt cmcf90105 al
-tire 0- derlsionof 1 public reg
ul,tn-v bode r r n her 1115 hrlo,ld
Ih' ,
rr
tot el ih part, affected
t' hence".110) the n,r.rC.
rl
nom. lin ,I1tcu
Ike of ice the Corn
n 100 ah ,11 111x, the right e0d lu
11.0115 or1 it nh111 be 115 duly 1,
ill re 1 nonbl. rules t^1 rerula
1o1 or < n„ hon with 11 01 1 1^,
1n.
ORDIIJA; Ci NO. 870
Entitled: G - 7I:';(; '"="• CO`:,-",,IY, A CORPOR."rPION O'?!;INIZE) TINDER Tr -TE L1_:;S
, z.,: r_ f':, r0 ] i.A., LTRE, IPS SUCO2:SSCRS NT 1';SIGNS PE'i MISSION 'PO USE THE S REE PS
+7 :-'L?' IC ?'L':C:'S r; 'PITT; CITY CF ST. LOUIS PARK FOR THE CONSTRUCTION, AMIUTE2f,17CF,
01 .. ,•PI():,' OF .,''S` :' OF ''sI`;", PIP 'i Ti' `r, 'L\L OTHER '',1CILITILS FOR THE r.Airt1F:,CT-
J ' OP G 1S, SiJRJ',CT TO CEn1'AIN rums AND CONDITIONS, A::D
_PRESCRI3ING T7-?'; li4T2S ':'O 3^ C:IA GED THEREFOR,
I tro�IL,�c:cl b*; Date
i::TD 'i✓EPDALING ALL 0?DINCIC;,S, OR P!RTS OF (Y -
Firs` Feid,.T-Dnte 1-lA-'^^. Waived va DINAL;CE3 INCONSISTENT .:EREE"ITH.
S'_col,:' Rz::;dinr,—Cate '-A-6', Waived
rte.
Yes
Ave 6 ':3y 1
632
w
ACCEPTANCE OF ORDINANCE
WHEREAS, at a meeting of the City Council of the City of St..:
Louis -Park, duly held on the 4th day of February, 1963, an ordi-
nance was duly passed by said council, which ordinance is en-
titled:
"An ordinance granting to the Minneapolis Gas
Company, a Corporation organized under the laws
of the State of Delaware, its successors and as-
signs, permission to use the streets and public
places, in the City of S.E. Louis Park for the
construction, maintenance and operation of a
system of mains, pipelines and -other facilities
for the manufacture, distribution and sale of
gas, subject to certain terms and -conditions,
and prescribing the rates to be charged therefor,
and repealing all ordinances, or parts of ordi-
nances, inconsistent herewith:"
WHEREAS, said Ordinance was duly published as required by
law in the St. Louis Park Dispatch, the.official_paper of the
City of St. Louis Park, on the 7th day of February, 1963; and
WHEREAS, Section 27 of said Ordinance requires that
Minneapolis Gas Company, a Delaware corporation, shall, after
publication thereof and prior to April 1.1963, file with the
municipal clerk, a written acceptance of and agreement to said
Ordinance.
NOW, THEREFORE, Minneapolis Gas Company, for itself, its
successors and assigns:
1. Accepts said Ordinance upon the terms and
conditions contained therein.
2. Agrees to comply with, abide by, keep and
perform all of the terms, conditions and requirements
set forth in said Ordinance to be complied with or
performed on its part.
3. Agrees not to contest the validity of said
Ordinance or of any rate or rates which are in ac-
cordance with the terms thereof except as expressly
provided in said Ordinance.
4. Surrenders all rights and privileges under
the ordinance described in Section 26 of the Ordi-
nance referred to above.
IN WITNESS WHEREOF, Minneapolis Gas Company, has caused this •-
instrument to be executed in its name and in its behalf by its
duly authorized officers, and has attached hereto the seal of
the Company this 28th day of February, 1963.
(SEAL) MI
• By
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
r� OLIS GAS COMPANY
may, President
Secretary
On this 28th day of February, 1963, before me,. a Notary Public
within and for the said county, personally appeared Gerald T.
Mullin and D. W. Peterson, to be personally known,,who being each
by me duly sworn, did say that they are respectively the President
and the Secretary of the Minneapolis Gas Company; the corporation
named in the foregoing instrument, and that the seal affixed to
-;said instrument is the corporate seal of said corporation; and
that said instrument was signed in behalf of said corporation by •
authority of its Board of Directors; ap said Gerald T. Mullin
and D. W. Peterson acknowledged sai trument to be the free
act and deed of said corporation.
fiel
/
Ralph H.'Lee, Notary Public
Hennepin County, Minnesota
My commission expires Jan. 18, 1967.
(SEAL)
The above acceptance was duly filed with the City of St. Louis
Park in the office of the City Clerk this /1''' day of 7.:a -'i--
1963.
�dosep• Juspd, City Clerk
City of St. Louis Park, Minnesota