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HomeMy WebLinkAbout19730416_regularMINUTES OF THE REGULAR MEETIhG OF THE APRIL 16, 1973 EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON q Mernbeis answering rollcall were Councilmen Courtney, Shaw and Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. BICYCLE SAFETY PROGRAM ENDORSED. Councilman Courtney and darried, endorsing the following proclamation which had been eiigued by Mayor Bredesen: As Mayor of the Village of Edina, I call upon all members of this community to give their wholehearted support to the 8th Annual Edina Bicycle Safety Program which will be conducted Monday, April 23, through Friday, May llkh under the united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Depart- ment,. Greater Edina Chamber of Commerce, Optimists and Southdale Optimists, and the PTAs and parent-groups of the eight Edina Elementary Schools and three The purpose of the Program is to reduce the hazards of bicycle riding for young bicycZiStS, as well as for pedestrians and motorists. of our streets and highways daily increases the dangers for the careless or unskilled rider. year throughout the nation (due to collisions between bicycles and motor vehicles alone) have alerted us to the need for.such a Program. and girls, at an early age, in proper riding skills; by teaching them the laws by helping them to be award of the hazards'of biking --'we feel Edina is making a concerted attempt to assure that the number of accidents does NOT keep up with the ever-increasing number of b"iyc1ists. Fhever, the safety of our children cannot be relegated to a once-a-year-campaign. I call for the support of every parent in carrying out this campaign all year long; and I urge every youngster to participate in this Bicycle Safety Program and then practice what he has.'learned -- for his own safety as well as another's. Motion for adoption of the proclamation was seconded by Councilman Courtney and carried. Councilman Shaw's motion was seconded by PROCLAMATION I 'Parochial schools. The growing congestion Reports of hundreds of deaths and thousands of injuries each By training our boys governing bicyclists; by explaining the reasons for obeying safety rules; and 7. 'POSTAL WEEK" DECLAReD. Councilmq Shaw' s motion was seconded by Cbuncilman I Courtney and carried for adoption of the following proclamation: WHEREAS, Edina, Minnesbta, is linked to the nation and the world by our'Nationa1 mail service; and WHEREAS, the welfare of every citizen, every business, on every street and across the countryside, is dependent upon this vast communications network, available to'all our people the year round, at a price everyone can afford; and WHEREAS, by law, your Postal Service--and the ,qen and women trho operate it-- is obligated to serve our comnity and the nation on,a non-profit basis, with courtesy and care, and to keep Postal costs in balance with postal revenues; and f?IiEREAS, to do this, the mail service needs the informed understanding, coopera- tion, support and constructive suggestions of every citizen of our comnity; NCN, THEREFORE, it is hereby proclaimed that the week beginning April 29, 1973, be known as POSTALWEEKin the Village of Edina and all citizens are called upon tc doin in the bccasion for recognition of the vital responsibilities assigned to the mail service and its employees and to take stock of the challenges which must be jointly met by Postal people and the citizens of the Village of Edina t.?ho depend upon the mail as an essential part of their personal and business lives . PROCLAMATION COUNTRYSIDE -SCHOOL S,oCIAL STUDIES, 'CLASSES WELCOMED. students from Countryside School Social Studies classes were welcomed by the Council, along with their teacher, Ms. Jane Olson. Fourth and fifth grade I 'ORDINANCE NO. 811432 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Ordinance No. 811432 for First Reading, noting that it has been proposed by the Village to rezone Lot 1, Block 1, Yorktown from C-4 Commercial District to C-3 Commercial District. No objections being heard, Councilman Courtney offered Ordinance No. 811432 for First Reading as follows: Affidavits of Notice were pre- ORDINANCE NO. 811-A32 BY ADDING TO THE C-3 CWRCIAL DISTRICT AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) THE VILLAGE CDIJECIL OF EDINA, MINNESOTA, ORDAINS: is amended by adding the following thereto: Section 1. Paragraph 3 of Section 9 of Ordinance No. 811 of the Village . "The extent of the Commercial District is enlarged by the addition of 4/16/73 Q < the following property: Lot 1, Block 1, yorktown;" Sec. 2. This ordinance shall be in full force. and effect upon'its pass- age and publicafion. , .. HYDE pm. SECOND ADDITION GRANTED PRELIMINARY' PLAT APPROVAL. Fffciauits of ' 4 , Notice were presented by CleTk, approved as to foe and ordered placed on file. Mr. Luce presented Hyde Park Second Addition, located generally South of Dewey Hill Road and East of Hyde Park Drive and clarified that utilities have been installed and are available to sehice six lots. It. was noted that Planning Commission had requested a parkland dedication fee prior to final plat approval, and had observed that development of these six lots will not con- flict with a future overall drainage plan. man Courtney offeredthe following resolution and moved its adoption with the understanding that approval of this plat dliould-not in anyway be cgpstrued as.an appsoval of the full development concept contained in the original Hyde Park 2nd Addition: BE 1.T -RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat, entitled "Hyde Park Second Addition" .presented for approval by W. Edward Johnston and Melvin AstleZo'rd be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ,ayes and no nays and the resolution was adopted. AMBULANCE BID AWARDED. Mr. Hyde presented four bids received in response to Advertisement for Bids in the Edina Sun on March 22 and 29, 1973 showing Northern S & S Sales, Ipc., low bidder at $11,963.50; Miller Meteor Sales of Minneapolis, Inc., at $13,728.00; R and R Industries, Inc., at $13,976.00 and Superior Coach at $14,022.00. Upon being advised that the unit bid by North- ern S.& S Sales, Inc,.,.meets all specifications and will be required to meet the approval of the State Department of Health prior to delivery, Councilman Shaw's motion was seconded by Councilman Courtney and carried for award tp recommended low bidder, Northerp S & S Sales, Inc. 3/4 TON CAB AND^ CHASSIS .B.ID AwARDED. bids received for 3/4 ton cab and chassis, advertisement for bids for which had appeared in the Edina Sun on March 22 and 29, 1973. -TabuJa$ion showed Town's Edge Ford low bidder at $2,568.00; Bill Boyer Ford, Inc., $2,652.49; Suburban Chevrolet Co., $2,652.67. Councilman Shaw's motion for award to recommended low bidder, Town's Edge Ford, for $2,568.00 was seconded by Councilman Courtney and carried. Following some discussion, Council- - *- I- RESOLUTION APPROVING HYDE PARK SECOND ADDITION .. Mr. Hyde showed tabulaiion of three TWO DUMP TRUCKS BID AWARDED. on March 22 and 29, 1973. Tabulation showed International Harvester bid for IHC 1700 w/Galion Body at $15,815.82, IHC 1700 w/Johnson Body at $16,598.02; IHC 1700 w/Garwood Body at $16,755.02; Crystal Mators, Inc. bid for IHC 1700 w/Garwood Body at $16,563.00,. IHC 1700 w/Transport Body. (does, not meet specifica- tions) at $15,625.00; Town's Edge Ford bid for Ford Lo800 w/Johnson Body at $17,590.00; Bill Boyer Ford, Inc. bid for Ford L-800 w/Johnson Body at $18,912.26. Mr. Hyde advised that the Galion and Transport bodies bid did not meet specifica- tions. He recommen4ed acceptance of the International Harvester bid of $16,598.02 for the IHC 1700 w/Johnson (Dunn) body, even though it is $35.02 higher than the Crystal Motors bid for the same two trucks with Garwood bodies, recalling that last year one Dunn and one Garwood body were purchased -on a trial basis, and that the.clutch on the Garwood body hoist assembly has never been repatred by the supplier. by Councilman Shaw qnd carried awarding to recommended low bidder, International Harvester at $16,598.02 for the 1% 1700 w/Johnson (Dunn) body. Mr. Hyde showed tabulation of four bids received .in response to Advertisement for Bids in the Edina Sun and Construction Bulletin Councilman Courtney's motion was then seconded SAND, BITUMINOUS MATERIAL AND ROCK BIDS AWARDED. Mr. Hyde presented tabulation of sixteen bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on March 22 and 29, 1973. Tabulation showed: Concrete Sand (delivered): Northwestern Gravel,- $1.60; Hedberg & Sons, $1.85; River Warren Aggregate, $2.15; W. G. Pearson, $2.25; Buesing Brothers, $264; Alexander Construction, $1.80; Buck Shot FA-4 (delivered): Northwestern Gravel, $2.90; W. G. Pearson, $3.50; Gaarse Aggregate (delivered): Bryan Dresser, $2.85; Northwestern Gravel, $2.95; W. G. Pearson, $3.50; Buesing Brothers, $3.55; Alexander Construction, $3.35; Gravel Base (delivered): W. G. Pearson, $1.80; Northwestern Gravel, $1.88; Ri$er Warren Aggregate, $2.35; Buesing Brothers, $1.90; Alexander Construction, $2.20; Midwest Asphalt, $2.15; Limestone C-A-5 82. ) 4/16/73 (delivered) : Bryan Dresser, $2.95; River Warren Aggregate, $3.45; Seal-Coat Chips (delivered): Bryan Dresser, $6.45; Midwest Asphalt, $6.75; Ready-Ex Bituminous (picked. up) :: Minnesota Valley Surfacing', $5.50; Northstar Asphalt, $6.20; Bury & Carlson, $6.25; Cut-Back Asphalt +I3151 (delivered) : W. H. Barber, $.1520; Richards Oil, S.1456; Roch Refining, $.l!%; L. N, Sickels Co., $,1542; Northwestern Refining, $. 1542; Cut-Back Asphalt 93156 (delivered) : W. H. Barber,- $.1646; Northwestern Refining, $.1667; Richards Oil, S.1561; motion was seconded by Councilman Shaw and carried for award to recommended. low bid in all cases, It was noted that Minnesota Valley Surfacing was low bidder for the Ready-Mix Bituminous bid but because of the distance involved i.n pick-up, the award was made to both Bury & Carlson and Northstar Asphalt as recommended. WATER TANKS PAINTI", REPAIR CONTINUED TO. NEXT MEETING. the Village mager, council^ Shaw's motion was seconded by Councilman Courtney and carried continuing award of bids for painting and repairing of water tanks to May 7, 1973. " Roch Refining, $1475; L.' N. Sickels Co., Inc., $,1575. Councilman Courtney's As recopmended by STREET IMPROVEMENT BIDS CONTINUED TO May 7, 1973, as recornended by Mr. Dunn, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. EA-168 STReEET SURFACING IMPROVEMEN? BID AWARDED, tion of seven bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on-March 22, 29 and April 5, 1973. showed Bury & Carlson, Inc,, low bidder at $437,218.00; Minnesota Valley Sur- facing Co. at $470,186.00; Arnold Beckman, Inc,, $479,540.00 and C. S, Mc Crossan, Inc,, $616,986.50 against Engineer's Estimate of $629,462.50, Councilman Courtney's motion for award to recornended low bidder, Bury & Carl- son, Inc,, was seconded by Councilman Shaw and carried. Mr. Hyde presented tabula- Tabulation SS-310, IJECERMAIN FOR BRAEMAR B&*COMPLEX TO BRAEMAR ARENA. YOREETC" WELL WATERMAIN CONTRACTS AWARDED: STORM SEWER IMPROVEMENT ST.S.-131 CONTINUED. Mr. Hyde presented tabulation of three bids for Sanitary Sewer SS-310, Storm Sewer ST,S.-131, Braemar Ball Complex to Braemar Arena Watermain and Yorktown Well Watermain, Tabulation of tied bids showed G.L. Contracting, Inc., low bidder at $39,509-65; A, J, Chromy Construction Co., $49,270.30; C. S. McCrossan, Inc,, $52,962.75 against engineer's estimate of *$38,464.65. Richwood Drive, objected to the "diversion of'water onto his property" for Storm Sewer ST.S.-131, . He questioned who would replace the earth dam on his property every .fall when it washcis out. *Mr. Dunn said that it is the position of the Village Attorney that there is -nQ diversion inasmuch as water is end- ing up in the same place.. * said that this is merely a redirection of water over a Village easement and that a berm will be constructed to protect Mr. Getsch's skating rink behind his house. Mr. Hyde recalled that the storm . sewer had been approved following a request of Mrs, Donald LeBaron, 5236 Rich- wood Drive, to stop the flow of storm water over her property, adding that Mrs. , LeBarron had threatened to sue the Village unless th&s water was redirected. Following considerable discussion, Councilman Courtney's motion was seconded by Councilman Shaw-and carried, approving award of the contract to recommended low bidder, 6. L. Contracting, Inc,, with the excepeion of St.S.-131 which matter will be continued until Mr. Erickson and Mr. Getsch's attorney have an opportunity to meet and discuss the matter. I Mr. Edward Getsch, 5233 - MRS. W. E, TOENSING LEXTER OF COMMENDATION PLACED ON FLU. counci18s at-tent- ion was called to a letter from Hrs. W. E. Toensfng, 6616 Naomi Drive,. com- mending the Water and the Public Works Departments for courteous, efficient service. seconded by Councilman Courtney and carried. The letter was orderedPlaced on file by motion of Councilmsn Shaw, MINNETONKA AMERICAN LEGION POST 398 LETTER PLACED ON FILE. Council's attent- ion was calledto a letter from Minnetonka American Legion Post 398 express- ing disappointment that the Council rejected the request for armory lands and funds. seconded by Councilman Courtney and carried. COUNTY ROAD 62 LIGHTING OPPOSED. from-Mr. Orrin M. Haugen, 6612 Indian HilEs Road and the Warren Peterson family, 6604 Indian Hills Road, objecting to the new lights along the Cross- town Highway between Gleason Road and County Road-18.- Mr. Haugen sa&d that the intensity of the lightsy-.as well as t.he height of the standards was out- of -keep&ng with the area. pol1utfoni"and said that petitions are being circulated in the area for The letter was ordered placed on file by motion of Councilman Shaw, Council's attention was called to letters He referred to the lighes as a source of "light 41 16 17 3 c an abatement of the problem. Mr. Robert Naas, 6320 Post Lane, concurred with Mr. Haugen's position on the matter. Mr. Hyde explained that this system was installed by Hennepin County and that he is sure that the staff and Mr. Haugen will hear from the County. Concensus of opinion of Council was that they would do all in their power to have the County look into-the matter once again and Mr. Haugen and Mr, Naas were told that the matter will be brought up at another meeting after additional information is available. No formal action was taken. FIRST EDINA NATIONAL BANK AUTOMOBILE PARKING DISTRICT HEARING DATE SET for May 7, 1973, by motion of Councilman Courtney, seconded by Councilman Shaw and carried. STREET VACATION HEARING DATES SET. As recommended by Mr. Hyde, Councilman Courtney's motion was seconded by Councilman Shaw and carried, setting hearing date for May 7,1973, for the following street vacations: .l. W. 49th Street just East of T.H. 100 2.' FJ. 60th Street just West of Walnut Drive VALLEY VIEW ROAD - HIGHWAY 18 INTERSECTION TO BE DISCUSSED MAY 7, 1973. Mr. Hyde recalled that the original plan for the Valley View Road - Highway 18 intersection was approved by the-Village in 1969 as part of the Highway 18 widening and relocation and has been reviewed by the Park Board and also by the Environmental Quality Commission. Mr. Hyde said that no specific proposals had been received from the County at .this time but that a representative from the County would be in attendance on May 7, 1973 for discussion of the matter at that meeting. Councilman ShawIs motion that the matter be placed on the Council Agenda for May 7, 1973, was then seconded by Councilman Courtney and carried. FRANCE AVENUE - PARKLA.. AVENUE - SIGNAL AGREEMENT WITH HENNEPIN COUNTY APPROVED. As recommended by Mr. Dunn, Councilman Courtney'offered the following resolution and moved its adoption: BE IT RESOLVED that the Village of Edina enter into, agreement with the County of Hennep in : TO INSTALL traffic signals with integral street lights at ,the intersection of County State Aid Highway No. 17 and Parklawn Avenue as shown in the plans for Hennepin County Project No. 7223, such installation shall be in. accordance with the.terms and conditions of Agreement No. E?-04-11-73, copies of which project plans and agreement being before the Council; and BE IT FURTHER RESOLVED that said plans and.agreement be in all things approved, and that the Mayor and Manager be and hereby are authorized to execute said agreement and thereby assume for and on behalf of the Village aI1 of the. contractual obligations contained therein. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. TRAFFIC SAFETY COMMITTEE .MLNUTES "OF April 10, 1973, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. LOT 7, BLOCK 2, PARJLI?OOD KNOLLS 14TH ADDITION T?ATER CONNECTION CHARGE REFUND DENIED. Johnson, President of New Town Development, Inc. foq the return of $704.08 that was seng to the Village on April 2, 1973 for water connection charges for Lot 7, Block 2, Parkwood Knolls 14th Addition. Mr. Johnson had requested that the connection charge be added to the real estate taxes payable in 1974. Dunn pointed out that there is only one year left on the ten-year watermain assessment. RESOLUTION I Mr. Dunn called Council!s attention to the request of Mr. Douglas M. Mr. As 'recommended by Mr. Dalen, Councilman Courtney's motion to deny the request was seconded by Councilman Shaw and carried. I' MUD LAKE FUNDING ACCEPTED ??ITH THANKS. Mr, Hyde advised that, because of efforts of Mr. Luce, the Village had received $74,424.00 in payment in full of the state contribution for Federal Project, Housing and Urban Development NO. OSA-80, for acquisition of approximately 31.72 acres for Mud Lake Park to be used for outdoor recreation purposes. Councilman Shawls motion was then seconded by Councilman Courtney and carried that the funds be accepted with thanks. COMBlISSION .AND COMMITTEE APPOINTMENTS CONTINUED- until' May 7 , 1973, by motioh OF Councilman Courtney, seconded by Councilman Shaw and carried. NORMANDALE GOLF ON-SALE BEER LICENSE A~PROVED. was seconded by Councilman Shaw and carried for approval of Normandale Golf On- Sale Beer License. - I Councilman Courtney's motion SOUTHWEST EDINA STORE1 SEWER STUDY APPROVED. Study of Southwest Edina which was preparred by Barr.Engineering Co. Mr. Hyde' referred to a Storm Sewer Being 4/16/73 advised by Mr. Dunn that the Engineering Department is satisfied with the study, Councilman Bhaw':s motion approving the study was seconded by Councilman Courtney and carried. RICHFIELD-EDINA AGREBENT - XERXES AVENUE CLOSING. the Richfield Edina Agrgement on the Xerxes Avenue closing bow contains the pro- vision that Edina would pay the cost of all signals at York and Xerxes Avenue if such signals are needed. Councilman Courtney and carried that the agreement be returned to Richfield for revision as recommended by the Village Manageradeleting the signalization provision. ORDINANCE NO. 1115 GRANTED FIRST READING. m. Hyde presented the Uniform Fran- . chise which provides a procedure for rate-making and regulation of Northern States Power electric service in the metropolitan area. Mr, Hyde advised Council that Councilman Shaw's motion was then seconded by I As recommended by Mr. Hyde, Councilman Courtney offered Ordinance No. 1115 for First Reading as follows: ORDINANCE NO. 1115 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND IAINTAIN, IN THE VILLAGE OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, 1NCLUI)ING NECESSARY POLES, POLE LINES, .AND .FIXTURES AND APPURTENANCES.$ FOR THE FURNISHING OF ELECTRIC ENSRGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID VIUAGE FOR SUCH PURPOSES; PRESCRIBING CERTAIN TERMS AND . CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA DOES ORDAIN AS FOLLOWS: ized under the laws of the State of Minnesota, owns and operates property used and useful in the production, transmission, distribution and sale of electricity in the Village of Edina. interest, and to the advantage of the.consumers of electricity in Edina, that a franchise be granted to Company upon the terms and conditions contained herein. Company, in consideration of benefits accruing to it under the franchise agrees to supply electric semi-ce in Edina upon the .terms and conditions con- tained herein, *'Municipal Council", and "Municipal Clerk" mean, respectively, the Village of Edina, the Council of the Village of Edina, and the Clerk of the Village of Edina. the Municipal Clerk shall be trans'fecred to any other authority, board, office or'offices, then such authority, board, officer, or officers shall have the righes, powers, and duties herein-given to the Municipality, the Municipal Council, and the Municipal Clerk respectively, 15innesota Corporation, its successors and assigns. by Company in the Countiesidf Hennepin, Ramsey, Washington, Dakota, Anoka, Carver Section 1. PURPOSES. Eorthern States Power Company, a corporation organ- _- The Village Council has determined that it is desirable, in the public ' Section 2. DEFINITIONS. Subdivision 1. In this ordinance "Municipality", . If at any time the powers of the Municipality, the Municipal Council, or Subd. 2. i%ompany*r means Northern States Power Company, a Subd. 3, "Metro Area'' includes all areas served with electricity and. Scott. Subd. 4. 'Wetro Rate AuthbritytW or "Authority" means the organ- ization of municipalities created by joint agreement and amendments thereto, pursuant to Minnesota Statutes Section 471.59 and which is authorized to administer provisions of this ordinance as herein provided. sists of representatives *of all'municipalities which adopt this uniform fran- chise ordinance. appointed by the Authority. members. The Committee shall have those*powers specified in t+s franchise and those delegated to it by-the Authority pursuant to the joint agreement. Subd. 6. Subd, 7. '"Person'.' may extend ,and be applied to bodies politic Subd, 8. The Authority con- Subd, 5. J'Executive Committeett or trCommittee't means the committee The Committee shall consist of not more than 15 "Party" means the Municipality, . the Authority or Company. and corporate, and to partnerships andother unincorporated associations, on any party or parties. an officer thereof at 414 Nicollet Mall, Minneapolis, Minnesota, of Authority, notice shall be mailed to the Rate Administrator. of the Municipality, notice shall be mailed to the Municipal Clerk. qualified and experienced in public'utility regulatory matters. istrator is appointed by the Authority. "Notice" means a writing served by any party or parties In the case of Company, notice shall be mailed to In the case In the case Subd. 9 . llRate Administrator" yeans a professional person The Rate Admin- Section 3. GRANT. Subdivision 1. There hereby is granted to Company for 4/16/73 85 a 6=a Q 1 the period extending to January 1, 1983, (subject to termination on December 31, 1977, upon notice frQm Company to Municipality and Authority, or upon notice of Municipality to Authority and Company at least 90 days before said date of December 31, 1977) the right and privilege of constructing, operating, repairing, and maintaining in, on, over, under, and across the streets, alleys, public ways, and public grounds of Municipality, an electric distribu- tion system and electric transmission lines, including all poles, pole line.s, conduits, and fixtures and appurtenances, usually, conveniently, or neces- sarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes for public and private use in and to Municipality and the inhabitants thereof, and others, and for the purpose of transmitting electric energy into and through Municipality. The electric distribution system and transmission lines shall be so located as not to interfere with the safety and convenience of ordinam travel along and over,,and ordinary use of, said streets, alleys, public ways, and public grounds. rights and privileges granted to Company herein. Nothing in this ordinance is to be construed to modify, alter or amend any statutory or charter power of.the Municipality to regulate the use of its streets,. alleys, public ways and public grounds. regulation and administration provisions of this ordinance, need not be identical among members of the Authority. from being hereafter delegated by law to some other governmental authority. Subd. 2. This ordinance is intended to regulate the exercise of the Such regulations, insofar as they do not a'ffect the rate Subd. 3. Section 4. EXTENSIONS: SERVICE: RULES AND REGULATIONS. Subd. 1. Company shall provide reasonably efficient; adequate and non- Nothing in this ordinance prevents the powers of the Authority discriminatory service, at reasonable rates, to all members of the public within the Municipa1ity.who apply for such service in accordance with rules and regulations of Company. which are reasonably necessary or convenient in the conduct of its business. The rules and regulations may govern matters, including but not limited to, . forms, contracts, extensions of service, curtailment of service, reconnection charges, billings, security deposits and late payment charges, if any. Exist- ing rules and regulations of Company shall be filed promptly with the Authority and shall become effective on filing. inspection. Thereafter Company may file amendments thereto or additional rules and regulationq. Within 60 days after such filing the Executive Committee may, on its own motion or on the request of Municipality, review such amendments or rules and regulations. tion disappxove any ,such amendment or rule and regulation. which is unreasonable or unlawful. Subd. 2. Company may, from time to time, promulgate rules and regulations They shall be kept open for public The Committee, after public hearing, may by resolu- Section 5. SERVICE INTERRUPTION. Subdivision 1. Company will provide continuous, adequate and nondiscrimin- atory electrical service in the Municipality. Subd. 2. subject to interruption and disturbance of service due to: (a) conditions beyond its control; (b) (c) (d) Company's provision of electric service to its customers is necessary maintenance and operation of its system; effect of operations of any interconnecting electric systems; curtailment of electric service as may be prudent to maintain service to priority loads or to maintain the operating stability of Company's system; or Temporary interruptions or disturbance of service; (e) neither Company; Municipality, the AGthority nor any customer shall be liable for damage or loss for interruption or disturbance of service due to said causes. Company will not be in breach of this franchise for interruptions of . service due to such causes. Subd. 3. Company"wil1 promptly take such action as may be practicable under the circumstances to remove the cause of any interruption, disturbance, or curtailment and to resume normal delivery of electric service. Scgpion 6. NONEXCLUSIVE FRANCHISE. ,This is not an exclusive franchise. Section 7. RATES. Subdivision 1. The rates and charges imposed and collected by Company for services in the Metro Area shall be fair, just, reasonable and compensatory and designed to recover all reasonable costs of service therein, including a reasonable return as herein provided on the capital investment of-the business under an economical and efficient management. undue burden on any other class of customers nor shall any rates charged to customers within the same class of service cast an undue burden on other customers within that class. Subd. 2. The rates charged to any class of customers will not cast an Subd. 3. The schedule of rates contained in Appendix A, attached and made 4/ 16 /7 3 a part hereof by reference, is effective as to all bills computed on regular meter readings on and after the effective date of this ordinance. shall remain in effect until changed in accordance with Section 8 of this franchise. gross receipts taxes, or any other duties or imposts, imposed by the Munici- pality will be recovered by Company as a surcharge to such rates within the Municipality. charge will be eqlllitably distributed among electric customers in the Munici- pality. The schedule The cost to the Company of any franchise fee, street rental charge, Ad valorem taxes may not be recovered by a surcharge. Such sur- Section 8. RAEE CHANGES. Subdivision 1. Company:may change its rate structure by changing classi.4: fication of rates, the number of blocks, size of blocks, the price differ- ential between blocks, or by adding a new classification of rates or by clos- ing or withdrawing any existing rate classification or schedule. Any such change which does not result in a higher rate for an existing customer may be made upon twenty days notice to the Rate Adminkstrator and shall be supported by data showing the desirability of the change and the reasonableneks thereof. Other changes in rate structure shall be made under Subd. 2 of this section. The rates contained in Appendix A shall remain in effect until March 15, 1974. On or before February 1, 1974, and thereafter on or before February 1 of each year during the term of this ordinance, Company shall file notice with the Authority that it will either continue, decrease, or increase the rates or continue or.change the <ate structure which will become effective on bills rendered on and after March 15 of that year, to enable Company to . realize Actual Net Earnings during the calendar year of filing-equal to the allowable huai Return, as defined in Section 10 plus part or all of any debit balance or less part or all of any credit balance in the Stabilization Reserve Account established under Section 15. The filing shall recite the proposed change or continuance and the forecasts substantiating it. Provided however, in order to minimize or prevent excessive fluctuation in the rates, the Company may additionally once during a calendar year, but not prior to 'uuly 15 thereof, adjust the rates in the same manner as provided above. pursuant- to Subd.. 2 of this section, shall be subject to -a temporary reduction during the year 1974 totaling $6,000,000. in the StabilizaLion Reserve.Account resulting from 1973 operations will be applied only to the bills of customers located in those areas of the Metro Area in which the base electric rates for residential service,.general service, and large general service were no less than such base electric rates charged in the City of Minneapolis on January 1, 1973. charge to the customer for electric service excluding any franchise fee, street rental charge, gross receipts tax or.duties or imposts, imposed by.the muni- cipality included in or added to said charge. rates shall be based on forecasts.for the calendar year of filing of expenses, capital costs and of the revenues required to enable Company to ea- an amount equal to the Allowable Annual Return defined in Section 10, plus part' or all of any debit balance or less part or.all of any credit balance in the Stabili- zation Reserve Account as provided in Section 15. strator in accordance with the following scheduae: Subd. 2. s Subd. 3. The rates to become effective on and after March 15, 1974, Such reduction and any credit balance Base electric rate meanskhe Subd. 4. Increases or decreases in rates of the continuance of existing Subd. 5. Campany will annually supply forecast data .to the Rate Admini- Revenue Budget November, 1' Expense Budget December 1 Capital Budget December 15 or on such later dates as the Rate Administrator may authorize. five years thereafter, Company shall furnisb a current study of its rate structure to the Authority. with a tabulation of customers and revenues attributable- to each Nunicipali ty in the Metro Area for the previous calendar year. Subd..6. On or before December 1, 1975, and at intervals of no more than On or before March 1 of each year-Cohany will supply Authority Subd, 7. Section 9. RATES; RATE FILING. Subdivision 1. Any filing by Company with the Authority to change or continue any rates or rate sfructures as provided in Section 8, Subd. 2, may be altered, amended, or revised by the Executive Committee in conformance with and subject to the provisions of this ordinance. to the filing to the Executive Coipmittee within 20 days of the filing. made by written orderof the Executive Committee which sets forth its findings and conclusions upon all material issues. within 35 days after notice of the proposed change.or continuance of rates has Subd. 2. The Rate Administrator shall make written recommendations as Subd. 3. Any alteration, amendment, or revision in the viling.shal1 be The order shall be served on Company been filed with the Authority. m. * I I I 41 16 /7 3 Subd. 4. Company may obtain judicial review de novo of any Executive Committee order of alteration, amendment or revision of rates in the District Court of Hennepin County if proper application is made therefor within 30 days after service of the order of the Executive Committee upon Company. judicial review is applied gor, the rate proposed by Company in Section 8, shall be in effect until the question of such alteration, amendment, or revision is finally determined by the Court. In such review and determination Company has the burrden of proof. At the time of applying for judicial review, Company shall, if ordered by the Court, file with the Clerk a corporate under- taking obligating it to comply with such relief as the court may order con- sistent with the provisions of this franchise, Subd. 5. The rates determined-under Section 8 of this Section are the ?Metro Area Rates!'. I Se.EEI6n 10. RATE MAKING: DEFINITIONS. Subdivision 1. Subd. 2, fBAl.lowable Annual Returnf' means the product obtained by Subd. 3, If For the pruposes of this ordinance, the terms defined in this section have the meanings given them. multiplying the Allowable Rate Ease by the Allowable Rate of Return. ''Allowabke Rate of Return" means the weighted average actual cost for the year of Eling of 1) Senior Capital of Company. and its utility subsidiaries and 2) the Allowable Return on Common Equity. The weight to be given to each class of capital shall be based on Company and its utility subsidiaries' actual average outstanding amount of each class throughout the year of filing. Subd. 4, *:Allowable Return on Common EquityP"means that re'turh on' common equity capital determined pursuant to Section 12. Subd: 5. "Senior Capitaltt means all debt, including short-term debt, and preferred stock. Subd, 6. eCost of' Senior Capital'' means the weighted average cost of all senior capital, where the cost of each issue is obtained by multiplying the principal amount of the issue by the interest rate in the case of debt and by the divident rate in'the case of preferred stock, and dividing by the net proceeds of the issue. Subd. 7. "Net proceedsLt in the case of long-term debt capital means the principal amount issued, plus premiums received, less issuance expense and discounts. In the case of short-term debt.capita1, the term means'the sum of a) the principal amount#.of bank loans outstanding, and b) the principal amount of commercial notes, iess prepaid interest. In the case 0% pkeferred stock, the term means the stated value plus premiums, less issuance expense and discounts. In the case of re-acquisition, retirement or nsefunding of long-term debt or preferred stock, the call premiums, expenses and discounts are to be considered as part of the over-all cost of capital. "Actual Net BarningsS@' for the year 1973 means actual gross revenues of Company received for electric utility service furnished in the Metro Area less operating expenses reasonably incutred in' rendering such service. electric iitility service furnished in the Metro Area computed at the Metro Area Rates, less operating expenses reasonably incurred in rendering such service. amount credited under the Uniform System of Accounts to allowance for Funds Used During Construction- applicable to construction work in progress included in the Allowable Rate Base in Subd; 9 hereof. such allowance shall be computed8t the rate of 8%. percentage rate applied to detekine the Allowance for Funds Used During Construction shall be the lower of a) the nearest even- one-half percent below the projected overall rate of return or b) the kdrrent incremental cost of financing new construction, and shall change only in increments of one- half percent, provided, howeyer, that such annual percentage rate shall not be more.nor less than that required by the Federal Power Commission, donations made.for charitable, social or community we*lfare purposes. Research and Development expenses shall be accounted for in the matter pro- vided in the Uniform Sistem of Accounts .* customer contributed capital and plus'working cbpital. the original cost of electric utility plant and codon utility plant used and useful in rendering electric service in the Metro Area, plus b) that portion of the original'cost of plant held fbr future use and construction work in progress applicable to the Metro Area, less c) related booked reserves for depreciation and amortization. Customer contributed capital means amounts related to service in the Metro Area contributed or advanced by customers for construction and amounts collected from customers through rates and charges for deferred operating Subd. 8. For subsequent years said term means gross revenues of Company for To the resulting net income shall be added that portion of the For the years 1973 and 1974 Thereafter, the annual Operating expenses shall include Research and Development expenses and Subd. 9. . 6aAllowable Rate Base" means ihe average of net plant less Net plant means a) 4/16/73 expenses and taxes except where deduction of the deferred amount is specifically prohibited by Internal Revenue Laws. Said amounts shall include" but are not necessarily limited to amounts credited under the current Federal Power Com- mission Uniform System of Accounts to Accounts 252 Customer Advances for Cons- truction, 255 Accumulated Deferred Investment Tax Credits (except that portion where deduction from the rate base is prohibited by the Internal Revenue Laws), 271 Contributions in Aid of Construction, 281 Accumulated Deferred Income Taxes - Accelerated Amortization, 282 Accumulated Deferred Income Taxes - Liber: alized Depreciation, and 283 Accumulated Deferred Income Taxes - Other, Unless otherwise mutually agreed upon between Company and the Executive Committee, working capital means and includes the following, based on amounts allocable to the Metro Area: of operation and maintenance expenses excluding purchased power and' one-half of fuel expenses, plus average compensating bank balances tlb support short-term borrowings, less the monthly averdge of accrued property and 'income taxes, but cash working capital shall not be less than zero; plus (b)'monthly average pre- payments; plus (c) monthly average materials and supplies; plus (d) monthly . average fuel stocks; plus (e) monthly average miscellaneous deferred debits. Section 11. AUCIWABLE RATES OF RETURN. Subdivision 1. At the time of an annual rate filing, a projection of Allowable Rate of Return shall be used as a basis for calculating allowable revenue for the calendar year of filing. able Rate of Return shall be determined and shall be used as a basis for the Allowable Annual Return. calculated to the nearest one-hundredth of one percent. I (a) cash working capital equal to one-eighth At the close of such year the Allow- Subd. 2. Allowable Rates of Return and projections thereof shall be I1 , Section 12. ALL(x.JABLE RETURN ON COMMON EQUITY. Subdivision 1. Company shall be allowed a Return on Common'Equity for the Metro Area for the calendar year 1973 of 13.25%- Company shall be allowed a Return on Common Equity for the Metro- Arba of 12.95%. For years subsequent to 1974, Company of the Executive Committee may request a progpective change in the Allowable Return on Common Equity. Such requests shall be made during the period between November 15 and December 15 in any year, to be effective as of January 1 of the next year, by serving upon the other Party a notice sfating the reasons supporting such change and speci'fying the proposed Allowable Return on Common Equity for the year. the Allowable Return on Common Equity remains in effect. shall be reviewed by the Rate Administrator who shall forthwith set a date prior to January 15 for hearing upon such request. ice of such hearing published once in a legal newspaper in each county in the Metro Area. At least two days prior to the hearing date, any person may file with the Rate Administrator a written notice of intention to appear at the hearing and of the nature and extent of his participation. Only'peirsons com- plying with this notice provision may be heard at the hearing. The Rate Administrator a written notice of intention to appear at 'the hearing and of the nature and extent of this participation. notice provision may be heard at the hearing. The Rate Administrator shall pre- scribe reasonable rules and regulations for the conduct of such hearings. completion of the hearing, and no fat& than February 15, the Rate Administrator will serve on Company and tb Authority a written order determining the Allow- able Return on Common Equity for the current year and setting forth his find- ings and conclusions on all material issues'relative to his determination. If no appeal is taken from the'Rate Administrator's order of determination, the order is final, , If ag appeal is taken from the Rate Administrator's order of determination, the order is an interim order and shall remain in effect until finally determined, provided that the effective "Allowable Return on Common Equity for interim rates shall not be less than that existing at the time of the filing for a change in the Allowable Return on Common Equity, able Return on Common Equity finally,determined shall be effective as of the proposed effective date. Within ten days after receipt of the order of determination, any Party may appeal the order io a hearing panel by filing a notice of appeal with the Authority and Company. fessional standing, each having one-vote. shall be selected as follows: and the Authority shall each appoint a panel member an'd each shall immediately The two panel members so appointed For the calendar year 1974 -- ---- *. I If no request is made Subd. 2. The request for change in the Allowable Return on Common Equity . He shall give 10 days not- Only persons complying with this Upon The allow- I Subd,'3. The panel bhall consist of three members of pro- The members of the hearihg panel Within 20 days of notice of appeal of the Company #:,- I notify the other of such appointment. shall, within five days after the second member is appointed, select a .. third panel member. on a third panel member, the third panel member shall be appointed by the Chief Judge of the Hennepin County District Court upon application of either eompany or Authority with five days notice to the other. If the first two panel members are unable to agree In the 41161.73 tjn event either Company or Authority fails within said twenty days to appoint a panel member, the member appointed by the other party shall proceed as a single member and issue his order, which shall constitute the order of the panel. tion shall be de novo and the panel shall consider all evidence material and relevant to the issues raised by such appeal. in the manner prescribed by Chapter 15, Minnesota Statutes, for conduct of administrative hearings. The burden pf proof shall be upon the appellant;. Only those Parties and*Persons who appeared before the Rate Administrator may appear before the panel. Equity by written order served on Company and the Authority, which order shall set forth its findings and conclusions, including the bases therefor, upon all material issues relative to such determination. The determination of the panel shall be made within 60 days after the third panel member is selected. If no appeal is taken from the panel's order of determination the order is" final . Any Party aggrieved by a final order of the hearing panel is entitled to judicial review -thereof in the District Court of Hennepin County if proper application is made therefor within thirty days after the hearing panel has served its order. out a jury and shall be confined to the record, except that in cases of alleged irregularity in procedure before the hearing panel not shown on the record, testimony thereon may be taken by the Court. vided, all proceedings shall be conducted according to the provisions of Minnasota Statutes Sections 15.0424 - 15.0426. remand the case for further proeeedings; or it may reverse or modify the decis- ion if the substantial rights of the appellant have been prejudiced because the hearing panel's findings or conclusions are: Subd. 4. The review by the panel of the Rate Administrator's determina- The hearing shall be conducted Subd. 5. The panel shall determine the Allowable Return on Common Subd. 6, The review shall be conducted by the Court with- Except as otherwise pro- Subd. 7. The Court may affirmthe decision of the hearing panel or (a) In violation of constitutional provisions; or (b) (c) (d) Affected by other error of law; or (e) (f) Arbitrary or capricious. Section 13.. STANDARDS FOR DETERMINING ALLOWABLE RETURN ON COMMON EQUITY. In excess of the authority conferred upon said hearing! panel by this ordinance; or Made upon unlawful procedures; or Unsupported by substantial evidence in view of the entire record as submitted; or The allowable return on Common Equity is determined by and must satisfy the' following standards: (a) The Allowable Return on Common Equity stiall permit Company to earn a return on its equity investment in property which it employs for the convenience of tk public equal to that generally being made at the same time and in the same general part of the country on similar investments in other business undertakings which are attended by corresponding risks and uncertainties. The Allowable Return on Common Equity shall be reasonably sufficient to assure confidence &n, the "financial soundness'of Company. The Al-lowable Return on Common Equity shall be adequate under ' efficient 'and economical management to maintain and support Company's credit and enable it to raise the money necessary for ?he proper for the proper discharge,of its public 'duties. . (b) (c) Section 14. ACTUAL NET EARNINGS. Subdivision 1. .In the computation of Actual Net Earnings, appropriate items may be. amortized or accrued according to generally accepted accounting princiBles and, except as otherwise provided in this ordinance forspecific items, the amounts and rates of amortizatipn or accrual shall be based upon the actual experience of Company where such experiedee #exists. and utility plant within and outside the Metro Area on a basis that reasonably reflects the occurrence of such expenses and plant for rendering service within and outside the Metro Area. 1, '- Subd. 2. An allocation shall be made by Company of operating expenses Section 15. STABILIZATION RESERVE ACCOUNT. Subdivision 1. Actual Net Earnings greater or less than the Allowable Annual Return in any dalendar year shall be credited or debited to an account des igna t ed the. Subd. 2. with interest.computed at the current prime interest rate. Subd. 3. be..amortized over not more than two years to balance earnings and to minimize t abi li za t i on Re se rve Account'g. Any credit' balance inisaid account shall be credited monthly All or part of any debit or credit balance in said account may 4/16/73 fluctuations and stabilize rates in the Metro Area. Committee and Company all or part of any debit or credit balance in said account may be amortized over more than two years to balance earnings and to minimize fluctuations and stabilize rates in the Netro Area. be used to benefit customers located in Nunicipalities where rates lower than the Metro Area Rates were charged-in the period during which such credit accrued. process in the Metro Area provided for in this franchise shall be promptly refunded or otherwise recognized for customers' benefit. By agreement-of the Executive Subd. 4. Any credit balance, in the Stabilization Reserve A$count shall not Subd. 5. Any balance in said account at termination of the rate-making Section 16. Subdivision 1. RESERVE FOR DEPRECIATION AND AMORTIZATION OF UTILITY PLANT, The Compq~y's books of account shall contain an account designated as "Reserve for Depreciation and Amortization of Utility 'Plantcc, or similar caption, which shall show accumulated charges to operating expenses on account of depreciation adjusted for salvage and retirements in accordance with Subd. 2 of this section. The annual charges to operating expenses for depreciation of depreciable property used and useful in rendering electric service in the Metro Area shall be an amount designed to recover ratably the original cost of such depreciable property over the estimated average service life of each group of property. periodically so as to reflect all factors bearing on the recovery of the original cost of such depreciable property over its estimated average service life. At least once every five years the Company shall prepare a depreciation .study'analyzing retirement experience and other factors relevant to the estab- lishment of depreciation rates, Such study shall be used as a guide in deter- mining the depreciation rates to be used to recover the original cost of depreciable property, from service or not used and useful in the public service for any cause, shall be credited to the appropriate plant account. incidental to said abandonment or retirement shall be debited To the Reserve for Depreciation and Amortization of Utility Plant, subject, however, to the provision of Subd. 3 of this section. amounts recovered from said property shall be credited to said Reserve. Subd, 3. When a substantial segment of Company's utility plant is abandoned or retired from service because of unusual obsolescence or property damage and such property is not fully covered by the Reserve for Depreciation and Amortization of Utility Plant, other reserves or by insurance, the unrecovered balance of such property after Fonsideration of tax effects shall ,be credited to said Reserve or other-appropriate reserve and )e debited to a deferred account designated as "Extraordinary Property Losses", or similar caption, operating expenses as provided for in Section 14, and the unamortized balance shall be included in the Allowable Rate Base. If the actiual original. cost is not shown by the books and records of Company orits predecessors, such amount shall be estimated and a record be made by Company showing the facts upon which said estimate was based, the manner in which-it was determined and the person by whom it was made. 1 ~ Annual depreciation rates shall'be' revised Subd. 2. The actual original cost of psoperty abandaned, oFhepise retired Such original cost plus the costs . The salvage value received and any other Debits to said deferred account shall be amortized by charges to Subd. 4. Secgion 17. ACCOUNTS AND RECORDS. ** * ' * Subdivision 1. All expense items, whether charged directly or entirely in a calendar year or amortized or accrued over a longer period, all revenue items and all balance sheet items shall be recorded in substantial accordance with the applicable provisions of the Uniform System of Accounts, as amended - from time to time, by the Federal Power Commission. When optional accounting is permitted under the Federal Power Commissions Uniform System of Accounts, Executive Committee and Company shall agree on the option to be followed for book and rate making purposes. 1, Subd. 2. Company shall file with the Authority (a) schedules showing all of its rates and charges, (b) forms of service contracfg ,or agreements, and (c) any rules and regulations relating to rates, charges or sexyice-by Company to its customers in the Metro Area, all of which shall be open for public inspection, Such schedules, forms and rules and regulations ?hall also be kept by Company, and shall be available at all reasonable times for public inspection. Subd. 3. Company shall keep, maintain and preserve pFoper and accurate engineering, accounting, financial and statis tical records relating to the construction, cost, maintenance.and operation of its utility plant which show all financial transactions, including receipts and disbursements" and the particulars thereof .= inspect, examine or audit all of the accounts, books, records, reports, con- Subd, 4, The Authority shall have access at all reasonable times to .. 41 16 17 3 tracts, documents and papers of Company relating to its electric operations. after the effective date of this ordinance, Company and the Rate Administrator shall compile a manual of procedures and accounting methods to implement this ordinance in accordance with.the standards set forth herein. manual shall apply to all rate filings and determinations until changed, modified or amended by mutual agreement of the Company and the Rate Administrator. Subd. 6. Company shall prepare and file with the Rate.Administrator state- ments for its electric utility operations as provided in the Proeedures and Accounting Manual. Section 18. INBE,MNIFICATION. Company shall indemnify, keep, and hold Municipality, its officers, employees and agents free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, removal or operation of Company's property located in, on, over, under, or across the streets, alleys, public ways and public grounds of Municipality, unless such injury or damage is the result of the negli- gence of Municipality, its employees, officers or agents, or results from the performance in a proper_manner of acts reasonably- determined to be hazardous by Company, but such performance is nevertheless ordered or directed by Munici- pality after notice of such determination' by Company. shall be brought against Municipality under circumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written not+ce of the suit is eromptly given to Company within a period wherein Company is not pre- judiced by lack of such notice. I,f such notice is not seasonable given as hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required, to indemnify *and *defend,- it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipaligy unless Municipality unreasonably withholds such consent. \ Subd. 5. Procedures and Accounting Manual. As soon as practicable The terms of said In the event that suit .% '-, ', u(- Section 19. RELOCATIONS. - Subdivision 1. Vhenever oMunicipality shall grade, regrade or change thei line of any street or public place or otherwise improve any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities located in said street or public place, Company shall relocate its,facilities at its own expense. ing such relocation. Company, of its rights under Minnesota Statutes Section 161.46,- as amended. Subd. 2. facilities, Company shall proceed with such relocation. is done without an agreement *first being made as to who shall pay for the relocation cost, such relocation OB the facilities by Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If Company claims that it should be reimbursed for such relocation'costs, it shall notify the Municipality within ten (10) days after receipt of such order. project, the vacation of any street, alley, public way or public ground, after the 'installation of' electrical facilities, shall not operate to deprive Company of the right to operate and maintain such electrical facilities, until the reasonable costs of.qelo'cating the same and the loss and expense result- ing from such relocation- are first paid to Company. authority to trim all trees and shrubs in the streets, alleys, public ways and public grounds of Municipalisy, i-nterfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, conduits, fix- tures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save Municipality harmless from any ,liability in the premises. .. Section 21. FRANCHISE TERMINATION. If Company shall be in default in the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after-receiving notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to Company. .The notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that Company is in default. ordinance so passed declaring a forfeiture of the rights and previleges granted by this franchise ordinance shall be subject to review by a court of competent jurisdiction. Municipality shall give Company reasonable notice of plans requir- NoehMg in this ordinance contained shall deprive Where the Municipality drders Company to relocate any of its Ir such relocation --' , Subd. 3. Except where required primarily for a municipal improvement Section 20. TREE.TRIMMING. Company shall have the permission and The validity and reasonableness of any 4/16/7 3 Section 22, CHANGE IN FORN OF GOVERNMENT. Any change of the form of govern- -/ ment of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise, cipality shall, without the consent of Company, succeed to all the rights and obligations of the Municipality provided in this franchise. COSTS OF ADMINISTklTION. The Company agrees to pay to the Authority, an initial sum of $150,000 within 30 days after written acceptance of thts franchise by Company, and not less than $160,000 per year payable in quarterly installments commencing'.on January 10, 1974, to be allowed as an operating expense to the Company and which shall be used to secure compliaoce with this ordinance, and for sych other purposes relating to the Company's costs of service as the. Authority shall deem necessary. The amount of such annual payslent shall be subject to review and revision by the Authority and Company at the endof'1975 and thereafter as mutually agreed to. Section 24, ASSIGNMENT. Company upon notice to the municipality shall have full right and authority to assign all rights conferred upon it by this ordinance to any person, persons, firm or corporation. The asgignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance, nance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Municipal Clerk within 30 days after the effective date of the agreement establishing the Authority. adopted by June 30, 1973, by Municipali6ies in which 60% of Company's electric customers in the Netro Area were located on January 1, 1973, the Municipal Council may revoke the same. when the Authority is established. Customer Account of Company shall be deemed a customer, the Nunicipal Clerk in writing whether the above condition,has been met, If revoked, the provisions of this ordinance shall be without prejudice in any subsequent proceeding, Section 27. EFFECT ON EXISTING FRANCHISE. It is the intention of the Council that this franchise ordinance is effective upon compliance with Section 25 and that it shall thereafter govern the rights and duties of Company and Municipality until its termination, Council that the existing franchise granted to Company (Ordinance No. 245) is not repealed but is superseded by the terms of this ordinance and that upon termination of this ordinance the existing franchise will continue togovem the rights and duties of Company and Municipality until the termination thereof, franchise ordinance shall be paid by Company. DISPATCHER COMMUNICATIONS OFFICER SALARY REVISED, Village Manager, Councilman Courtney offered the following resolution and moved its adoption: Any municipal corporation succeeding the Muni- Section 23. Section 25. WRITTEN ACCEPTANCE. Company shall, if it accepts this ordi- Section 26. REVOCATION. If this uniform franchise ordinance is not . However, this right of revocation shall terminate For the'purpose of this section each Company shall notify It is further the intention of the " Section 28, PUBLICATION EXPENSE. The expense of publication of this As recommendediby the RE SOLUTION I BE IT RESOLVED that the saiary of the Police Dispatcher Communications Officer be revised as of April 16, 1973 to $805.00 monthly until July 1; 1973, at which time it will be increased to $825.00 monthly; &nd BE IT FURTHER RESOLVED that the hourly pay scale of the Police Dispatcher Com- mnications Officer be revised as of April 16, 1973, to $4.65 until July I, 1973, at which time it will be increased to $4.76 per hour. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. METROPOLITAN DEVELOPNENT GUIDE PRESENTED. Mr. Hyde presented a copy of the Metropolitan Development Guide which is the.comprehensive 'development for the Twin Cities Area. No action was taken. ALLEX SYSTEM OF ELECTION FOR COUNCILS AND SCHOOL BOARDS OBJECTION'NOTED. ing advised that House File 1539 prop.oses an "alley system"bT election for local government officials, Councilman Shaw offered the following resolution and moved its adoption: 3 Be- RESOLUTION WHEREAS, House File 1539 provides for an "alley system" of election for local . . I government officials; and WHEREAS, such an election system could possibly result in the election of a candidate who would be less qualified for o'ffice and not the choice of the majority of voters; and WHEREAS, such a system would be particularly inappropriate in a municipality in which Council Members run at large; APPENDIX A 1 RESIDENTIAL SERVICE Availability Available to any residential customer for domestic purposes only, in a single private residence. Rate First 60 kilowatt-hours per month @ 5.lO$ per kwh 11 fl I1 11 11 11 I1 fl If 11 11 11 11 I1 11 II 11 ff 11 If - 'I @ 2.75 I' @ 2.28 ff @ 2.00 'I 63 1.65 Next 140 Next . 300 Next 300 Excess Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Underground Residential Distribution For service from an Underground Residential Distribution system in which all underground facilities are installed, owned and maintainedby Company, a 'charge of-$2.00 will be added to the monthly bill computed above for a period of not to exceed 30 years from date of installation. In lieu of the monthly charge, a nonrefundable contribution of $220 may be made at any time. to that residence only and shall relieve the contributor and any successor cus- tomer at that residence of any obligation to pay a monthly charge thereafter. Such monthly charge or contribution shall be in addition to any payments which may be required under Section 4 of Company's Rules for Application of Residential Service Rates. Such contribution for any residence served hereunder shall apply Other Provisions This schedule is also subject to provisions contained under "Rules for Application of Residential Service Rates: If 2 RULES FOR APPLICATION OF RESIDENTIAL SERVICE RATES 1. domestic purposes only, for lighting, heating, coaking, and domestic power service in a single private residence, except as hereinafter provided. The Residential Service rate is available to any residential customer for 2. a. All normally sized equipment for domestic illuminating, heating, cooking, and power used strictly for household purposes, may be supplied through one meter. b. Motors and other equipment which interfere with service to neighboring customers, all motors larger than 5 horsepower, and snow melting installa- tions or other temporary or seasonal loads totaling more than 25 kilowatts will not be permitted on the Residential Service rate. 3. Only single phase service, rendered through one meter, is available under the Residential Service rate. 4. serving an area of single private residences or duplexes (single buildings consisting of two apartments or dwelling units) on contiguous lots in which underground electric facilities will be the only electric facilities used to serve customers in the area. Where an Underground Residential Distribution systemwill serve an area consisting of less than 8 lots or an area where the average lot frontage exceeds 130 feet or where unusual construction conditions will be encountered or where a service connection in such Underground Distri- bution system will exceed 100 feet, a payment to Company will be required in advance of construction. An Underground Residential Distribution system is defined to be a system 8 5. Three phase service, service to motors larger than 5 horsepower, and service to snow melting installations totaling more than 25 kilowatts may be had under * such rates as are available to commercial customers for the respective classes of service. 6. A customer occupying a building or apartment for residential and commercial purposes jointly may combine his residential and commercial use on such rates as are available to commercial customers for the respective classes of service. 7. residence but service for a duplex (a single building consisting of two apartments or dwelling units) may be taken through one meter under a single billing provided that the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. the general functions of a household and permanently equipped with a sink and Each apartment or dwelling unit shall be considered as a single private An apartment is defined to be a room or suite of rooms used for cooking facilities , occupying space specifically designed for them, such as a kitchen, kitchenette or pullman kitchen. 4 .>., AA ALL ELECTRIC RESIDENTIAL SERVICE Availability Available to any residential customer in a single private residence for domestic purposes only where 120/240 volt single phase electric service is used through one meter and customer has in regular use either an Approved Water Heating Installation or an Approved Space Heating Installation or both. Rate First - Next 50 kilowatt-hours per month @ 5.l$ per kwh It 11 lt 50 11 e2.a 11 11 It It 11 It 11 It 11 I1 1' @2.1 It 11 If @ 1.65 It If, 11 ' @ 1.45 It I1 Next 200 Next 700 1 000 Next Excess It It 631.35 It . It Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Underground Residential Distribution For service from an Underground Residential Distribution system in which all underground facilities are installed, owned and maintained by Company, a charge of $2.00 will be added to the monthly bill computed above for a period of not to exceed 30 years from date of installation. In lieu of the monthly charge, a nonrefundable contribution of $220 may be made at any time. to that residence only and shall relieve the contributor and any successor cus- tomer at that residence of any obligation to pay a monthly charge thereafter. Such monthly charge or contribution shall be in addition to any payments which may be required under Section 4 of Company's Rules for Application of Residen- tial Service Rates. Such contribution for any residence served hereunder shall apply Rules for Application of All Electric Residential Service Rate 1. rate are as follows: The specifications for an Approved Water Heating Installation under this a. elements. operated and designed for 240 volts. The water heater shall be equipped with no more than two heating Each heating element shall be noninductive, thermostatically b. The tank size shall be not less than 40 gallons; the rating of either heating element shall not exceed 5500 watts; and, if the total of the ratings of the two elements exceeds 5500 watts, the elements shall be so interlocked that they cannot operate simultaneously. For a water heater equipped with two heating elements: (Continued on following sheet ) AA ALL ELECTRIC RESIDENTIAL SERVICE (Contd) c. The tank size and the rating of the heating element for each tank size shall be as follows: For a water heater equipped with one heating element: Tank Size in Gallons 30 50 80 Heating Element Rating in Watts d. applicable rate schedule. Electric water heating service will be supplied only under a single e. of providing hot water service. The installation shall not be used to supplement any other system f. Company reserves the right to control service to the water heating load. 2. rate are as follows: The specifications for an Approved Space Heating Installation under this a. rated at 15 amperes or less) shall be designed to operate at 240 volts, shall be permanently installed and shall be the sole source of space heating except that provided by fireplaces. Electric space heating equipment (except 120 volt units individually b. heating system controls. Not more than 10 kilowatts shall be switched at one time by the c. load. Company reserves the right to control service to the space heating 3. (a single building consisting of two apartments or dwelling units) meeting the above specifications provided that the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. Service may be taken under this schedule through one meter for a duplex 4. than 25 kilowatts will not be permitted on this rate except where customer has an Approved Space Heating Installation in which case 25 kw or 50% of the space heating load, whichever is greater, will be allowed. General Service rate or other rates are available for such loads. Snow melting installations or other infrequently used loads totaling more In all other cases the 5. purposes jointly may combine his residential and commercial use on such rates as are available to commercial customers for the respective classes of service but not under this rate. A customer occupying a building or apartment for residential and commercial MULTIPLE DWELLING *SERVICE Availability Available to any customer using single phase electric service for a multiple dwelling. Rate - Single Apartment First Next 150 Next 500 50 kilowatt-hours per month @ 5.59 per kwh 11 I1 I1 11 11 " @ 2.95 11 11 11 11 11 11 @2.2 It @ 1.65 " It Excess Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Rules for Application of Multiple Dwelling Service Rate 1. Servi,ce for two or more apartments may be taken through one meter under a single billing provided that the billing shall be computed as though each apart- ment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. be a room or suite of rooms used for the general functions of a household and permanently equipped with a sink and cooking facilities, occupying space specifically designed for them, such as a kitchen, kitchenette or pullman kitchen. An apartment is defined to 2. hall lighting, garages for private use, laundry rooms, drying rooms, boiler rooms, janitor's supply rooms, refrigeration equipment, oil burners, furnace stokers, and air conditioning equipment, may be taken on the multiple dwelling schedule provided the kilowatt-hours in the second and third blocks of the rate' schedule be increased by 150 and 500 kilowatt-hours, respectively, for each apartment not served on this same meter. The general service required by the apartment building, such as service for / 3. to snow melting installations totaling more than 25 kilowatts may be had under such rates as are available to commercial customers for the respective classes of service ; Three phase service, service to motors larger than 5 horsepower, and service 4. A customer occupying a building or apartment for residential and commercial purposes jointly may combine his residential and commercial use on such rates as are available to commercial customers for the respective classes of service. AA *' .- ,I ?' ,. * ,. t 'c .'..* .it;.*. ' .. , ,. . .# .. .. . _' f 1: .. ..*, . . ,. . :. -. .+ . , AUTOMATIC PROTECTIVE LIGHTING SERVICE Availability property. Available to any customer for illumination of areas of private Rate - Desimation of Lamps F48 TlO/CW Fluorescent 175 Watt Mercury 400 Watt Mercury Monthly Rate per Unit $3.75(1) 3.75 5.50 (1) Available to existing installgtions only. Service Included in Rate Company shall own, operate and maintain the lighting unit including the fixture, lamp, ballast, photo-electric control, mounting brackets and all necessary wiring. required €or operation of the unit. Company shall furnish all electric energy Special Terms and Conditions 1. Above rate contemplates installation of the lighting unit on an existing utility owned wood pole upon which Company's 120 or 240 volt lines are attached. If necessary, Company will extend its 120 or 240 volt lines on existing Company poles for not,to exceed two spans provided customer pays the entire cost thereof. No additional transformer capacity will be provided hereunder. 2. furnished by the Company. The hours of burning shall be from approximately one-half hour after sunset until one-half hour before sunrise, every night. The lamp shall be lighted and extinguished by a photo-electric control 3. If illumination of a lamp is interrupted and said illumination is not resumed within seventy-two hours from the time Company receives notice thereof from customer, 1/30th of the monthly compensation for such unit shall be deducted for each night of nonillumination after such notice is received. 4. Company reserves the right to discontinue service if equipment is abused. Term of Agreement Agreement shall be for a term of three years, and, if not then terminated by at least 30 days' prior written notice by either party, shall continue until so terminated. GENERAL SERVICE 7 Availability Available to any customer for single or three phase electric service supplied through one meter, Rate First 200 kilowatt-hours per month @ 5.24 per kwh - I1 I1 If 'I @ 4.2 'I It Next 300 II 11 I! I1 11 II 11 @ 3.3 'I @2.7 11 Next 500 Excess All energy in excess of 200 kilowatt- hours per month per kilowatt of demand @ 1.74 '' " .Primary Distribution Voltage Discount A discount of 5% will be allowed where customer takes service at available primary voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered, but in no event shall it be considered less than 5 kw. For billing purposes, a fraction of a kw if less than one-half will be dropped, if one-half or more will be billed as one-half. AA ALL ELECTRIC GENERAL SERVICE Availability Available to any customer who has in regular use an Approved Space Heating Installation. Rate First 400 kilowatt-hours per month @ 3.ld per kwh - 11 11 I1 I1 I1 11 I1 11 11 @2.6 'I l1 l1 @2.2 l1 @le9 'I Next 600 Next 1 000 Excess All energy in excess of 200 kilowatt- hours per month per kilowatt of demand @ 1.78 ' '' '' Primary Distribution Voltage Discount A discount of 5% will be allowed where cus- tomer takes service at available primary voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 8 Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered, but in no event shall it be considered less than 5 kw. For billing purposes, a fraction.of a kw if less than one-half will be dropped, if one-half or more will be billed as one-half. Special Requirements The specifications for an Approved Space Heating Installation are as follows: 1. Electricity shall be the sole source of space heating in all breas served through the meter. 2. At least 4% of the total connected load must be permanently connected space heating equipment. 3. Company reserves the right to control the space heating load. AA GENERAL WATER HEATING SERVICE Availability Available to any customer for single or three phase service at 208 volts or higher, uncontrolled as to time of use, for an Approved Water Heating Installation supplied through a separate meter. - Rate Energy Charge: First 100 kilowatt-hours per month per kilowatt of demand (3 1.63~ per kwh (3 1.35 I' I' 11 11 I1 11 11 11 I1 11 Excess Excess Wattage Charge: An additional charge of $1.50 per 1000.watts or fraction thereof will be made for connected loads in-excess of: a. storage tank installation 350 watts per gallon of tank capacity. b. swimming pool installation 50 watts per square foot of water surface area of swimming pools. Fuel Clause Bills subject to the qdjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Determination of Demand The demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered but in no event shall it be considered-less than 10 kilowatts. determined by periodic test or measurement. The demand may at Company's option be Approved Water Heating Installation The specifications for an Approved Water Heating Installation under this rate are as follows: 1. inductive heating elements designed to operate at 208 volts or higher. The water heater shall be equipped with thermostatically operated non- 2. to Company's water heating meter. The water heater shall be connected by means of a tamperproof circuit 3. the'connected load shall be 4500 watts or more, except that a water heater The storage capacity of the water heater shall be 40 gallons or more and having a storage capacity of 30 gallons and a single heating element rated at 3500 watts will be permitted. (Continued on following sheet) AA 1 z' GENERAL WATER HEATING SERVICE ( Contdj 4. schedule . Water heating service will be supplied only under a single applicable rate 5. purposes. The installation shall not be used to supply hot water for space heating 6. providing hot water service. The installation shall not be used to supplement any other system of 7. 8. shall apply to heating water for swimming pools subject to the following modifications : Company reserves the right to control service to the water heating load. The above specifications for an Approved Water Heating Installation a. b. The storage capacity specification of Section 3 shall be waived. The installation shall not be used to heat water for other purposes. AA 11 I LARGE GENERAL SERVICE Availability Available to any customer for general service. Kind of Service Alternating current at the following nominal voltages: (a) Secondary Voltage: (b) (c) Transmission Line Voltage: Service voltage available in any given case is dependent upon voltage and capacity of Company lines in vicinity of customer's premises. single or three phase at 208 volts or higher, Primary Distribution Voltage: three phase at 2400 volts or higher, three phase at 34,500 volts or higher. Rate - Demand Charge for Service at Secondary Voltage: First 100 kilovolt-amperes or less of demand - $240.00 per month Next 100 kilovolt-amperes of demand (3 $1.70 per ha per month Next 800 Next 9 000 Excess I1 11 I1 11 @ 1.55 It 11 11 11 11 I1 @ 1.45 I1 11 11 11 I1 (3 1.30 'I 11 Demand Charge for Service at Primary Distribution Voltage: The Demand Charge for Service at Secondary Voltage less $.15 per month per kilovolt- ampere of demand. Demand Charge for Service at Transmission Line Voltage: for Service at Secondary Voltage less $.25 per month per kilovolt-ampere of demand. The Demand Charge Plus an Energy Charge of: First 20 000 kilowatt-hours per month @ 1.65~ per kwh Next 30 000 Next 50 000 Next 400 000 Next 500 000 Next 9 000 000 Excess @ 1.30 (3 1.11 @ .91 It @ .76 'I " @ .70 'I It 11 11 11 I1 11 I1 I1 I1 11 @ *g7 11. I1 11 I1 11 I1 11 I1 11 11 I1 Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. (Continued on following sheet) LARGE GENERAL SERVICE (Contd) Determination of Demand The demand in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor and shall be rounded to the nearest whole kva, but in no month shall the demand to be billed be considered as less than 56 of the greatest demand in kva billed during the preceding eleven months nor in any event less than 100 kva. Maximum Demand The maximum demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered. Average Power Factor The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. Minimum Demand to be Billed The monthly minimum billing demand shall not be less than provided above, whether or not energy is used. Standby and Supplementary Service Availability Available at 12,400 volts or higher to any large commercial or industrial customer who normally supplies part or all of his electric power requirements from another indeyendent source of power for which the Company's service may be substituted wholly or in part. capacity adequate to supply the entire electric requirements for which such service may be used which capacity shall equal or exceed the agreed kva demand for standby to customer's other source of poww. to supply capacity in excess of that contracted for. Customer shall contract for Company shall not be obligated Rate - The billing shall be in accordance with Company's Large General Service rate schedule for Service at Primary Distribution Voltage except that the paragraph "Determination of Demand" shall be modified to read as follows: "The demand in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor, but in no month shall the demand to be billed be considered as less than the agreed standby demand plus 50% of the greatest excess demand in kva over such standby demand billed during the preceding eleven months nor in any event less than 2500 kva." (Continued on following sheet) LARGE GENERAL SERVICE (Contd) Parallel Operation Interconnection and parallel operation of Customer's inde- pendent source of power (Customer's system) and Company's service (Company's system) will be permitted by Company under the following conditions: 1. The interconnection between the systems must be' at 12,400 volts or higher at a point on Company's system where Customer's operations will not interfere with the quality of Company's service to any of its other customers. 2. Customer agrees to provide the necessary equipment as approved by Company to enable Customer to operate its generating equipment in parallel with Company's system. Company's system and Customer's system are operated will vary, each party agrees to operate its system at such power factor and voltage as is condu- cive to best operating standards and in such manner as to absorb its share of the reactive power. Since the power factor and the voltage at which 3. Company reserves the right to disconnect service in the event service to Customer results in trouble on Company's system such as interruptions, grounds, radio or telephone interference, surges or objectionable voltage fluctuations, where such trouble is caused by negligence of Customer if, after giving notice in writing to Customer of such trouble, Customer fails to remedy the causes thereof within a reasonable time. 4. Company's meters will be ratcheted to measure the flow of power and energy from Company to Customer only. unless the amount is substantial in which event it will be a matter for negotiation and further agreement between the parties. Reverse flow if any will be ignored AA J 14 LARGE ALL ELECTRIC GENERAL SERVICE Availability Available to any cJstomer who has in regular use an Approved Space Heating Installation. Kind of Service Alternating current at the following nominal voltages: (a) Serv- ice at Secondary Distribution Voltage: four wire three phase at 208 volts' or higher, (b) Service at Primary Distrib- ution Voltage: in any given case is dependent upon voltage and capacity of existing Company lines in vicinity of customer's premises. three wire single phase and three or three phase at 2400 volts or higher. Service voltage available Rat e - First 10 000 kilowatt-hours or less - $280.00 Der month Next 10 000 kilowatt-hours per month (2 1.7Oe*per kwh Next Exce s s (2 1.50 I' (2 1.40 'I I' 80 000 II 11 11 11 I? I1 I1 All energy in excess of 200 kilowatt-hours per month per kilowatt of demand: First 600 000 kilowatt-hours @ 1.15~ per kwh Excess (2 .75 I1 11 Primary Distribution Voltage Discount A discount of $.lo per month per kilowatt of demand will be allowed where customer takes service at available primary voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load (subject to Power Factor Adjustment) during the month for which bill is rendered, but in no event shall the demand for billing purposes be considered as less than 50% of the greatest demand used for billing purposes during the preceding eleven months, nor less than 100 kw. (Continued on following sheet) AA LARGE ALL ELECTRIC GENERAL SERVICE (Contd) Power Factor Adjustment The customer shall at all times take and use power in such manner that the average power factor shall be as near 100% as possible, but when the average power factor is less than 80%, then the greatest 15-minute load shall be adjusted by multiplying it by 80% and dividing the product thus obtained by the average power factor expressed in percent. The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere- hours supplied during the same period. plied during the period will not be considered in determining the average power factor. Any leading kilovolt-ampere-hours sup- Special Requirements The specifications for an Approved Space Heating Installation are as follows: 1. Electricity shall be the sole source of space heating in all areas served through the meter. 2. At least 40% of the total connected load must be permanently connected space heating equipment. 3. Company reserves the right to control the space heating load. LARGE COMMERCIAL SERVICE Availability Available to any commercial or industrial customer for combined lighting and power purposes. Kind of Service 1. Alternating current at the following nominal voltages: (a) Secondary Voltage: (b) Primary Distribution Voltage: Service voltage available in any given case is dependent upon voltage and capacity of Company lines in vicinity of customer s premises. single phase or three phase at 208 volts or higher, three phase at 2400 volts or higher. 2. Direct current, only where and to the extent now used, at a nominal voltage of 120/240 alone or in combination with secondary voltage alternating current. - Rate Demand Charge for Service at Secondary Voltage: First 10 kilowatts of demand @ $3.95 per kw per month Next 40 Next 50 Next 100 Excess 11 I1 I1 11 e 3.00 (3 2.70 " @ 2.25 I' 'I " e 2.00 I1 I1 11 I1 I1 II I1 I1 I1 I1 I1 11 Demand Charge for Service at Primary Distribution Voltage: Charge for Service at Secondary Voltage less $.15 per month per kilowatt The Demand of demand. Plus an Energy Charge of: First 2 000 kilowatt-hours per month @ 3.60~ per kwh Next 3 000 Next 15 000 Next 30 000 Next 50 000 Excess @ 2.60 " 'I @ 1.65 'I (3 1.40 e 1.20 @ 1.10 'I I1 11 11 It I1 11 11 11 I1 11 11 11 11 11 11 Plus a Direct Current Additional Charge of: for -all- direct."current kilowatt-hours. 0.60~ per ki,lowatt-hour Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. shall constitute a discount from gross bill for payment within the discount period . Prompt Payment Provision A charge of 5% will be added to net bill which charge (Continued on Zollowing sheet) . s7 LARGE COMMERCIAL SERVICE (Contd) Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute coincident load (subject to power factor adjustment) during the month for which bill is rendered, but in no event shall the demand to be billed be considered as less than 50% of the greatest demand billed during the preceding eleven months, nor less than 3 kw for Service at Secondary Voltage and 25 kw for Service at Primary Distribution Voltage. Minimum Demand to be Billed The monthly demand charge shall not be less than provided above, whether or not energy is used. Power Factor that the average power factor shall be as near 100% as possible, but when the average power factor is less than 8%, then the demand as determined above shall be adjusted by multiplying it by 8% and dividing the product thus obtained by the average power factor expressed in percent. The customer shall at all times take and use power in such manner The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere- hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power fact or. Where customer's demand is less than 40 kw the average power factor may at the Company's option be determined by periodic test or measurement. 8 Standby, Supplementary, Ehergency and Incidental Service (Alternating Current Only ) Availability Available for service to customers who normally supply their. requirements either directly or indirectly from another independent source of power for which the Company's service may be substituted wholly or in part. electrical requirements for which such s.ervice may be used and Company shall not be obligated to supply capacity in excess of the amount con- tracted for by customer. - Rate The billing shall be in accordance with the Large Commercial Service rate schedule, except that the paragraph "Determination of Demand" shall be modified to read as follows: greatest 15-minute load during the month for which bill is rendered, but in no month shall the demand to be billed be based on less than the greatest demand previously supplied nor on less than the demand contracted for. addition, for new customers taking service subsequent to January 1, 1965, the demand to be billed shall in no event be considered as less than 100 kw." Customer shall contract for capacity adequate to supply the entire "The demand in kilowatts shall be the In FIRM AND INTERRUPTIBLE LAFGE GENERAL SERVICE Availability Available to any customer taking his entire electrical require- ments from Company at 12,400 volts or higher who agrees that Company's service to the equipment listed in Schedule A attached to the contract may be inter- rupted by Company at any time and for such periods as Company, in its sole discretion, considers the supply of such service detrimental to its operations as a public utility. Rate Demand Charge for Firm Service: 100 First Next 100 kilovolt-amperes of demand @ $1.55 per kva per month Next 9 000 Excess kilovolt-amperes or less of demand - $225.00 per month Next 800 I1 I1 I1 I1 @ 1.40 I1 I1 11 1.30 (3 1.15 11 11 11 I1 11 I1 I1 11 Demand Charge for Interruptible Service: First Excess kilovolt-amperes of demand @ $.34 per kva per month 10 000 kilovolt-amperes or less of demand - $3 400.00 per month Plus an Energy Charge of: First 20 000 kilowatt-hours per month e 1.65~ per kwh @ 1.30 I' el.ll e .91 11 I1 11 I1 I1 11 Next 30 000 Next 50 000 Next 400 000 I1 I1 11 11 @ *97 I1 11 Next 500 000 Next 9 000 000 Excess 11 It 11 11 @ -70 I1 11 11 11 I1 11 I1 11 11 @ . 76 11 I1 Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. Determination of Demand The Firm Service and Interruptible Service demands in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor and shall be rounded to the nearest whole kva, but in no month shall the demand to be billed be considered as less than 50% of the greatest demand in kva billed during the preceding eleves zsnths nor in any event less than 100 kva for Firm Service and 10,000 ha for Interruptible Service. (Continued on following sheet) FIRM AND INTERRUPTIBLE Maximum Demand The maximum demand 19 LARGE GENERAL SERVICE (Contd) in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered. Average Power Factor obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. determined for each of the Services. The average power factor is defined to be the quotient Any leading The average power factor shall be Minimum Demand to be Billed the Services shall not be less than provided above, whether or not energy is used. The monthly minimum billing demand for each of AA OVERHEAD STREET LIGWING SERVICE Availability Available for year-round illumination of public streets, parkways, and highways by electric lamps in luminaires supported on wood poles, where the facilities for this service are furnished by Company. Rate - Designation of Lamps 1 500 Lumen - Incandescent 2 500 I' 4 000 11 11 175 Watt - Mercury 250 400 700 1 000 I1 I1 I1 I1 Number of Lamps per Monthly Rate Luminair e per Luminaire 1 $ 2.05(1) 1 2.30(1) 1 2.75 ( 1) 1 $ 3.95 1 4.90 1 6.40 1 9.10 1 15.00 400 Watt - High Pressure Sodium 1 $ 12.25 F48EHO - Fluorescent F48EHO I1 F72HO F72HO F72EHO I1 11 11 1 $ 4.00(1) 2 5.30(1) 2 5.50(1) 6.90( 1) 4 4 lO.OO( 1) (1) Available to existing installations only. Service Included in Rate Company shall own, operate, and maintain the Overhead Street Lighting system using Company's standard street lighting equipment. Daily Operating Schedule The daily operating schedule of the above lamps shall . be from approximately one-half hour after sunset until one-half hour before sunrise. Outages If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from Customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of nonillumination after such notice is received. AA ORNAMENTAL STREET LIGEPTING SERVICE (CUSTOMER OWNED EQUIPMENT) Availability Available for year-round illumination of public streets, parkways, and highways by electric lamps mounted on standards where Customer owns an Ornamental Street Lighting system complete with standards, luminaires with globes, lamps and other appurtenances, together with all necessary cables extending between standards and to points of connection to Company's facilities as designated by Company. Rate - Group A Designation of Lamps 1500 Lumen - Incandescent 2 500 4 000 4 000 6 000 6 000 I' I1 I1 11 I1 I1 10 000 11 10 000 15 000 15 000 11 I1 11 100 Watt - Mercury 100 175 175 250 It 250 400 400 700 700 'I 1 000 1 000 )I I1 I1 I1 I' 11 11 11 11 11 11 I1 400 Watt-High Pressure Sodium F48EHO - Fluorescent 11 11 11 11 F48EHO - F48EHO - F72HO - F72HO - Number of Daily Lamps per Operating Luminaire Schedule 1 AN 1 AN 1 AN 1 MN 1 AN 1 MN 1 AN 1 MN 1 AN 1 MN 1 1 1 1 1 1 1 1 1 1. 1 1 AN MN AN MN AN MN AN MN AN MN AN MN Monthly Rate per Luminair e $ 1.90(1) 2.00(1) 2.30(1) 2.05 ( 1) 2.80(1) 2.45 (1) 3.90(1) 3.40(1) 5.10(1) 4.35 (I) $ 1.75 1.50 2.25 2.00 2.75 2.25 3.50 3.00 5.25 4.50 7.25 6.25 1 AN 5.00 AN 2.00( 1) AN 2.75 (1) MN 2.25 (1) AN 1.75 (1) AN 2.25 (Continued on following sheet) ORNAMENTAL STREET (CUSTOMER Group A (Contd) Designation of Lamps F72HO - Fluorescent F72HO - F72HO - F72mO - 11 F72EHO - F72EHO - F72EHO - I1 I' I1 I1 It I1 ~72~x0 - LIGHTING SERVICE (Contd) OWNED EQUIPMENT) Number of Daily Lamps per Operating Luminaire Schedule 4. 4 4 1 2 2 4 4 AN 2AN-2MN MN AN AN MI? AN 2AN-2MN \ 22 Monthly Rate per Luminaire $ 3.50 3.25 3 000 1 2.25 (1 1 2 75 (1 6.00 5.50 3.25 (1) Available to existing installations only. Where more than one of the above luminaires is mounted on a single standard, the monthly rate for each luminaire in excess of one shall be reduced by 25# (except as modified in Service Included in Rate - Group A paragraph). (For installations consisting of standards which do not require painting Group B and globes which are unbreakable) 175 Watt - Mercury 400 I1 250 11 1 AN $ 1.75 1 AN 2.25 1 AN 3.00 Service Included In Rate Group A Company shall furnish all electric energy necessary to operate Customer's Orna- mental Street Lighting system, shall make all lamp and globe renewals, clean the globes, light and extinguish all lamps, paint the metal portions of the standards and furnish all the materials and labor necessary therefor. At Customer's option Company shall make all ballast renewals in lieu of painting the standards; in which case the 25# per luminaire reduction for more than one luminaire per standard, as provided for under the above - Rate, shall not apply. Group B Company shall furnish all electric energy necessary to operate Customer's Orna- mental Street Lighting'system, shall make all lamp renewals, clean the globes, light and extinguish all lamps and furnish all the materials and labor necessary theref or. The daily operating schedule of the above lamps on the All-night (AN) schedule shall be from approximately one-half hour after sunset until one-half hour before sunrise, and on the Midnight (MN) schedule shall be from approximately one-half hour after sunset until midnight (Central Standard Time. ) Outages not resumed within 24 hours from the time Company receives notice thereof from Customer, 1/30 of the monthly rate for such lamp shall. be deducted for each night of non-illumination after such notice is recieved. Daily Operating Schedule If illumination from any lamp is interrupted and said illumination is AA 23 CUSTOM RESIDENTIAL STREET LIGHTING SERVICE Availability Available for year-round illumination of public streets by electric lamps in luminaires mounted on standards and served through underground circuits, where the facilities for this service are furnished by Company. service under this schedule is limited to residential areas having a Company owned underground electric distribution system. Street lighting Rat e Monthly Rate Designation of Lamps per Standard 175 Watt - Mercury 250 I1 $ 5.05 6.00 Service Included in Rate Company shall own, operate, and maintain the Custom Residential Street Lighting system using Company's standard street lighting equipment, which includes one lamp per standard. Daily Operating Schedule The daily operating schedule of the above lamps shall be from approximately one-half hour after sunset until one-half hour before sunrise. Outages If illumination from any lamp is interrupted and said illumination is not resumed within 24 hours from the time Company receives notice thereof from Customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of nonillumination after such notice is received. 8 A4 TRAFFIC SIGNAL SERVICE Availability Available to municipal, state, and federal governments, their agencies and subdivisions, (to exclusion of other rates) for operation of traffic signals, and direction and warning lights along streets and highways, for traffic regulation and guidance as distinguished from street lighting and general illumination. - Rate Demand Charge First 5 kilowatts or less - No charge Excess kilowatts at $3.20 per kw per month Energy Charge 3.6~ per kilowatt-hour Fuel Clause Bills subject to .the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $1.50 Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bills is rendered. For billing purposes the demand shall be ad.justed to the nearest 0.1 kw. The demand may be determined by test. Special Terms and Conditions in conduit up the nearest pole or to some other point designated by the Company near the signal. supplied by the customer. The customer shall supply the service wires run The necessary meter loops and cabinets must be MUNICIPAL WATER PUMPING SERVICE Availability water works. equipment. Available for the operation of pumping plants of municipally owned Lighting and heating limited to incidental use in operating power (Rate schedule applied separately to each delivery point) Rate First 2 000 kilowatt-hours per month @ 2.29C per kwh 11 @ 1.76 I' 11 @ 1.23 11 11 11 Next 2 000 Excess Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge First 1 HP or less of connected load - $1.00 Excess HP of connected load @ $.25 per HP Power Factor Customer shall at all times take and use power in such manner that the power factor shall be as near 100% as possible, but when the average power factor is less than 80%, customer agrees to install the necessary corrective equipment to raise such power factor to at least 80%. The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt- hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. not be considered in determining the average power factor. Any leading kilovolt-ampere-hours supplied during the period will Standby and Supplementary Service Available for service to pumping plants of municipally owned water works when an interconnected water system of such water works includes a pumping plant using a source of power other than electricity supplied by Company. Rate accordance with the above except that if the total net payments during any contract year following the installation of a source of power other than electricity supplied by Company amount to less than $15.00 per horsepower of connected load of all pumping plants served by Company at the beginning of such contract year, the difference between said $15.00 per horsepower and said total net payments shall be included in the bill for the last month of such year and Customer shall pay same as a charge for service rendered. The billing for each pumping plant served by Company shall be in AA MUNICIPAL SEWAGE PUMPING SERVICE Availability Available to municipal sewage systems for operation of pumping and sewage treatment plants when all pumping and other power requirements at all plants are supplied hereunder. (Rate schedule applied separately to each delivery point) Rate First 1500 kilowatt-hours per month @ 2.82~ per kwh @ 1.76~ @ 1.23~ 11 11 I1 I1 I1 I1 I1 . Next 1 500 Excess Fuel Clause. Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge First 1 HP or less of connected load - $1.00 Excess HP of connected load @ $.50 per HP Power Factor Customer shall at all times take and use power in such manner that the power factor shall be as near 100% as possible, but when the average power factor is less than 80%, custaner agrees to install the necessary corrective equipment to raise such power factor to at least 80%. is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt- hours used and the la'gging reactive kilovolt-ampere-hours supplied during the same period. not be considered in determining the average power factor. The average power factor Any leading kilovolt-ampere-hours supplied during the period will AA FIRE SIREN SERVICE Availability Available for power service for the operation of municipal fire sirens having a rated capacity not in excess of 10 horsepower. - Rate Discount None Minimum Bill 20c per month per horsepower of connected capacity $1.00 net per month Connection Under the above rate the Company will make no extension for service other than a normal service span. connection or extra transformer capacity, or both, are necessary, the customer shall pay for the cost of the extra equipment. The circuit serving the fire siren must be in conduit from the entrance to the motor with an enclosed entrance switch box, which may be sealed and operated from an external appliance. Where conditions are such that a long service Optional In case the customer already has a service connection of sufficient capacity to permit operation of the fire siren without unduly disturbing con- ditions on the Company's nearby circuits, the fire siren may be connected at the option'of the customer on the load side of the customer's existing meter and the commercial rate applied to the total load. 8 AA FARM SERVICE Availability Available to any farm customer for all electric lighting, power, and heating purposes. Rate First 100 kilowatt-hours per month @ 6.6~ per hh @3.4 @ 2.5 'I I' @2.3 'I @ 2.0 )' 'I @ 1.8 I' 'I 11 I1 11 I1 11 11 . 11 11 11 11 I1 I1 I1 I1 II It Next 100 Next 300 Next 5 00 Next 1 000 Excess Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 for 10 kva or less of required transformer capacity plus $.50 for each kva in excess of 10 kva. Special Rules 1. Motors and otherequipmentwhich interfere with service to neighboring customers and all transformer type welding machines larger than 25 kilovolt- 8 amperes will not be permitted on the Farm Service rate. 2. is available under this rate. service is supplied it shall be under rates available for such service. Only single phase service at 120/240 volts, rendered through one meter, If three phase service or primary voltage 3. Where two or more farm customers are served from the same transformer, the minimum charge for each customer will be based on the transformer capacity required adequately to serve him, without regard to the transformer capacity actually installed or the minimum charges of other customers served from the same transformer. devices for the protection of its transformers and equipment and for the determination of the appropriate transformer size. 4. drying and hay drying shall be treated as Temporary Service. The Company reserves the right to install load limiting Temporary enlargement of transformer capacity for such purposes as corn AA 29 ALL ELECTRIC FARM SERVICE Availability Available to any farm customer for electric lighting, power, and heating purposes where 120/240 volt single phase electric service is used through one meter and customer has in regular use either an Approved Water Heating Installation or an Approved Space Heating Installation or both. Rate First 100 kilowatt-hours per month @ 6.6~ per kwh It @ 2.6 I' I' If @ 2.0 @ 1.7 I' II I1 11 11 I1 I1 I1 11 I1 Next 150 Next 750 Next 2 000 Excess 11 11 I1 II ~i.6 II II Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 for 10 kva or less of required transformer capacity plus $.50 for each kva in excess of 10 kva. Rules for Application of All Electric Farm Service Rate 1. rate are as follows: The specificatio-ns for an Approved Water Heating Installation under this a. elements. operated and designed for 240 volts. The water heater shall be equipped with no more than two heating Each heating element shall be noninductive , thermostatically b. The tank size shall be not less than 40 gallons; the rating of either heating element shall not exceed 5500 watts; and, if the total of the ratings of the two elements exceeds 5500 watts, the elements shall be so interlocked that they cannot operate simultaneously. c. The tank size and the rating of the heating element for each tank size For a water heater equipped with two heating elements: For a water heater equipped with one heating element: shall be as follows: d. El Tank Size in Gallons 30 50 80 c t r ic water. heat in applicable rate schedule; Heating Element Rating in Watts 3 500 5 500 5 500 s'ervice wiil be supplied only under a single * ALL ELECTRIC FARM SERVICE (Contd) i 30 e. providing hot water service. The installation shall not be used to supplement any other system of f. The specifications for an Approved Space Heating Installation under this Company reserves the right to control service to the water heating load. 2. rate are as follows: a. rated at 15 amperes or less) shall be designed to operate at 240 volts, shall be permanently installed and shall be the sole source of space heating except that provided by fireplaces. b. Not more than 10 kilowatts shall be switched at one time by the heating system controls. c. Electric space heating equipment (except 120 volt units individually Company reserves the right to control service to the space heating load. 3. be permitted on this rate. Transformer type welding machines larger than 25 kilovolt-amperes will not 4. Where two or more farm customers are served from the same transformer, the minimum charge for each customer will be based on the transformer capacity required adequately to serve him, without regard to the transformer capacity actually installed or the minimum charges of other customers served from the same transformer. devices for the protection of its transformers and equipment and for the de- termination of the appropriate transformer size. The Company reserves the right.to install load limiting 5. drying and hay drying shall be treated as Temporary Service, Temporary enlargement of transformer capacity for such purposes as corn 6. be under rates available for such service. If three phase service or primary voltage 8 rvice is supplied it shall AA CONTROLLED WATER HEATING SERVICE (Closed) Availability Available to any Controlled Water Heating Installation supplied through a separate meter and served hereunder on November 1, 1961. water heating installation made after November 1, 1961 will be served under this rate. No new Rate Enerpy Charge: - 1.54~ per kilowatt-hour Excess Wattage Charge: One Element Tank - If the capacity of the heating element exceeds 20 watts per gallon of tank capacity, an additional charge of 1Oc: per month per whole 100 watts will be made for such excess capacity. Two Element Tank - If the capacity of the bottom element exceeds 20 watts per gallon of tank capacity or the top element exceeds 4500 watts, an additional charge of 1Oc per month per whole 100 watts will be made for the greater of such excess capacities. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge $2.00 Time Control An electrical control device will be furnished by Company which will control the service so that: no energy will be supplied during the follow- ing periods: 1O:OO a.m. to Noon and 4:OO p.m. to 7:OO p.m. or such other daily period or periods as the Company may elect from time to time but not to exceed a total of five hours daily. Approved Controlled Water mating Installat ion The specifications for an approved controlled water heating installation under this rate are as follows: 1. The water heater shall be of the storage type, equipped with one or two thermostatically operated noninductive heating elements designed for 240 volts (208 volts in some commercial areas). 2. If the water heater is of the two-element type it shall have one element near the bottom and the other not more than one-fourth the distance from the top of the tank and so connected or interlocked that they cannot operate simultaneous ly . (Continued on following sheet) AA 32 CONTROLLED WATER HEATING SERVICE (Closed) (Contd) 3. January 1, 1959 shall be 80 gallons or more. The storage capacity of any water heater installed hereunder after 4. The water heater, whether one-element or two-element, shall be connected by means of a tamperproof circuit to Company's controlled service meter. 5. At customer's option the top (emergency or booster) element of a two- element water heater may be permanently connected to either Company's con- trolled service meter or to Company's Residential Service or General Service meter. 6. that the installation meets the specifications for a single tank and that all are located on the same premises for one customer's use. The water heating installation may consist of two or more tanks provided 7. purposes. The installation shall not be used to supply hot water for space heating AA I ORNAMENTAL STmET LIGHTING SERVICE (COMPANY OWNED EQUIPMENT) Availability Available to the Village of Ed.ina in its Braemer Park for illumina- tion of public streets and parkways by electric lamps in luminaires mounted on metal stand.ard.s and served. through underground circuits, where the facilities for this service are furnished by the Company. Rate - Number and Size of Lamps per Standard Light Annual Rate Source per Standard. 1 - 175 Watt Mercury Vapor $ 95.00 Service Included in Rate Company shall own, operate, and.maintain the Ornamental Street Lighting system. Daily Operating Schedule The daily operating schedule of the above lamps shall be from approximately one-half hour after sunset until one-half hour before sunrise. Payment Payments are to be made in equal monthly installments within 30 days from'' d.ate bill is rendered. Outages If illumination from any lamp is interrupted, due to accidents, and said illumination is not resumed within twenty-four hours from the time Company re- ceives notice thereof from Customer, 1/30 of the monthly compensation for such lamp shall be deducted for each night of nonillwnination after such notice is received. Underground Service - Excess Footage Charge Customer shall pay Company 75# per foot for each foot over 300 feet of a continuous underground circuit between adjacent street lighting standards or from a feed point to a single lighting standard. in said facilities, and. that payment is not refundable. right to reject any proposal by the Customer for an installation when in the Company's opinion such proposal due to location or required facilities shall work an undue hardship on the Company. The Customer agrees that the Company will retain complete ownership Company reserves the Contract Date December 21, 1964 Commencement Date July 17, 1964 (Continued on following sheet) ORNAMENTAL STREET LIGHTING SERVICE (Contd) (CCMPANY OWNED EQUIENENT) Term and Provision for Cancellation or Renewal Contract shall be in force for a period of 10 years commencing on July 17, 1964 and shall eontinue in force thereafter for periods of 10 years unless terminated by written notice of can- cellation given by either party to the other not less than thirty days prior to the expiration of any of said 10 year periods; provided that in no event shall the contract be extended beyond the period for which Customer may legally bind itself. at least 6 months prior thereto. 8 Company agrees to give Customer written notice of each expiration date Remarks See contract for additional information and. details and for Terms and Conditions not covered in this summary. FUEL CLAUSE RIDER NO. 1 The adjustment to be added or deducted under the Fuel Clause shall be 0.012~ per kilowatt-hour for each whole cent by which the cost of fuel is more or less, respectively, than 31~ per million Btu. of fuel shall be the average cost of fuel used during the preceding twelve months as recorded in FPC Accounts 501 and 547. The cost A4 4/16/73 NOW, THEREFOd, BE IT RESOLVED that the Edina Village Council opposes the interests of the voters of the Village of Edina ; and BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Senators Otto T. Bang and Harmon T. Ogdahl and to Representatives Mary Forsythe, John N. Johnson and Ray 0. Pleasant and to the League of Minnesota Municipalities and the Hennepin County League of Municipalities. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. adoption of House File 1539 on the grounds that the said bill is not in the REVENUE SHARING "SHOPPING LIST" PRESENTED. to a list of possible uses for Revenue Sharing Funds.for Council's consideration. Mr. Hyde called Council's attention Council was asked to study the list 5nd make recommendations as to priorities for expending the funds. Mr. Hyde recommended that the funds be used for capital outlays and equipment. No action was taken. BRAEMAR CLUB HOUSE HOT WATER HEATERS APPROVED. was seconded by Councilman Shaw and carried, for approval of purchase of two hot water heaters for Braem5r Club House at $634 each from Roberts Hamilton COD COUNTRY CLUB AREA CURB AND GUTTER RECYCLING AUTHORIZED. motion was seconddd by Councilman Courtney and carried authorizing the recycl- ing.of the old curb and gutter which is being removed from the Country Club improvement. a credit to the improvement project. Motion of Councilman Courtney Councilman Shaw's Proceeds received from the yxshing process would be applied as TREASURER'S REPORT as of January 31, 1973, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried.. BILLS PAID. carried for payment of the following claims: General Fund, $102,979.41; Construction Fund, $127,669.80; Park Funds, $9,078.31; Water Fund, $6,477.85; Liquor Fund, $139,498.53; Sewer Fund, $1,425.46; Improvement Fund, $1,080:00; Poor Fund, $883.70; Total, $389,093.06. Moation of Councilman Courtney was seconded by Councilman Shaw and No further business appearing, Councilman Shaw's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 8:18 p.m. Village Clerk