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HomeMy WebLinkAbout1986-048 Council Resolution• • • JOINT RESOLUTION #48 -86 CITY OF CIRCLE PINES CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA JOINT RESOLUTION OF THE COUNCILS OF THE CITIES OF CIRCLE PINES AND LINO LAKES SETTING THE NUMBER OF MEMBERS TO SERVE ON THE CIRCLE PINES PUBLIC UTILITIES COMMISSION, AND SETTING THE NUMBER OF MEMBERS TO BE RECOMMENDED BY THE COUNCIL OF THE CITY OF LINO LAKES. WHEREAS, there has been enacted by the Minnesota Legislature a special law, Laws 1985 Chapter 90, providing that the Cities of Circle Pines and Lino Lakes may determine, by joint resolution, the number of members to serve on the Circle Pines Public Utilities Commission ( "the Utilities Commission "); and WHEREAS, the Councils of said Cities have approved said special law by joint resolution; and WHEREAS, the Councils of the Cities have determined the number of members to serve on the Utilities Commission; and WHEREAS, the Circle Pines Council has enacted or will enact an Ordinance embodying the terms of this joint resolution; and WHEREAS, the Cities have entered into an agreement, effective , 1986, whereby the City of Lino Lakes has granted a franchise to the City of Circle Pines, by and through its Utilities Commission, to operate a gas distribution system in the City of Lino Lakes. NOW, THEREFORE, BE IT RESOLVED by the Councils of the Cities of Circle Pines and Lino Lakes as follows: 1. Number of Utilities Commission Members. The membership of the Utilities Commission shall consist of five (5) natural persons appointed by the Circle Pines Council. 2. Members Recommended by the Lino Lakes Council. One (1) member of the Utilities Commission shall be a person who has been recommended by the Lino Lakes Council and approved pursuant to the procedure hereinafter set forth. The Lino Lakes Council shall submit its recommendation in writing to the City Administrator of the City of Circle Pines. The Circle Pines Council shall approve the person recommended by the Lino Lakes Council if that person is a resident of the City of Lino Lakes, meets any reasonable requirements for membership on the Utilities Commission then applicable • • • to all members, and will act in the best interests of the Circle Pines public utilities in serving on the Utilities Commission. The Circle Pines Council shall approve or refuse to approve the person recommended by the Lino Lakes Council and communicate its decision in writing to the City Administrator of Lino Lakes within thirty (30) days after receiving notice of the Lino Lakes Council's recommendation. In the event the Circle Pines Council refuses to approve the person recommended by the Lino Lakes Council, the recommendation and approval procedure set forth above shall be followed until a person recommended by the Lino takes Council is approved. 3. Appointment of Lino Lakes Member. The term of the first person recommended by the Lino Lakes Council and appointed by the Circle Pines Council following the date of this joint resolution shall commence on January 1, 1987 and shall terminate on December 31, 1988, or on such other date as is set forth in the then effective Circle Pines ordinance establishing the Utilities Commission. Thereafter, the member appointed pursuant to the recommendation of the Lino Lakes Council shall serve for a term of three (3) years. 4. Additional Member Recommended by the Lino Lakes Council. (a) At such point that Circle Pines' total gas sales and other gas related charges in Lino Lakes reaches and maintains for a period of twelve (12) months a level of forty -five percent (45%) of Circle Pines' total utility sales and other utility - related charges to all of its utility customers, including its gas customers in Lino Lakes, the Utilities Commission shall include a total of two (2) persons who have been recommended by the Lino Lakes Council. The additional Lino Lakes member shall be recommended and appointed as provided in Paragraph 2 of this Joint Resolution. The effective date of the appointment of the additional Lino Lakes member shall be the day after the expiration of the term of the first Circle Pines member whose term expires after verification by the Utilities Commission that gas sales and other gas - related charges in Lino Lakes has maintained a level of 45% of Circle Pines' total utility sales and other utility - related charges to all of it utility customers, including its gas customers in Lino Lakes. 2 - • • • (b) If, during the entire term of any member of the Utilities Commission who has been recommended by the Lino Lakes Council, Circle Pines' total sales of gas: and- :other gas .related-charges in Line Lakes remains below thirty -five percent (35 %) of Circle Pines' total utilities sales and other utility - related charges to all of its utility customers, including its gas customers in Lino Lakes, then the Circle Pines Council shall appoint the successor to said member, and Lino Lakes shall lose its right to recommend a second member, until such time as Lino Lakes requalifies for second member pursuant to the requirements of Paragraph 4 (2) of this Joint Resolution. 5. Voting Rights. Members on the Utilities Commission recommended by the Lino Lakes Council shall have full voting rights on all matters before the utilities Commission 6. Contingency. In the event that the above - referenced franchise terminates or expires for any reason and is not renewed, then the term of any Utilities Commission member who was recommended by the Lino Lakes Council shall expire concurrently with the termination or expiration of the franchise. Adopted by the City Council of Lino Lakes, this of '- j_.. c. t,&z L , 1986. day hr J Marilyn G. Anderson, Clerk- Treasurer Adopted by the City Council of Circle Pines, this day of , 1986. Administrator -Clerk Mayor • • May 1, 1987 CITY OF CIRCLE PINES 200 Civic Heights Circle Circle Pines, Minnesota 55014 -1795 Marshall N. Dahl, Mayor Hazel Schneider, Councilmember Edward SteenbE Margaret Parsons, Councilmember Linda Runbe James W. Keinath, City Administrator Randy Schumacher City Administrator City of Lino Lakes 1189 Main St. Lino Lakes, MN 55014 784 -5898 Dear Randy: Please find enclosed the executed joint re ch sets out the understanding for the expansil es Public Utilities Commission and the terms of Lino Lakes membership on the Utilities Commission. The Council adopted the resolution at its April 28th meeting. It will have a first reading of the ordinance expanding the Utilities Commission at the May 12th Meeting, and a final reading at the May 26th meeting. I believe it would be appropriate for your Council to have a suggested representative at the May 26th meeting, so they could appoint him /her effective with the publication of the ordinance or its effective date. The Circle Pines City Council also took action to approve the gas franchise so it would appear that we are ready for the appropriate action on the franchise. I will forward the City Council's and Util- ity Commission's acceptance to the City Clerk, as required in the franchise. Thank you for your cooperation in this matter. Since ly, Ja es W. Keinath Ci y Administrator JWK /mh Enclosure • number of members to serve on the Utilities Commission; and JOINT RESOLUTION #48 -86 CITY OF CIRCLE PINES CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA JOINT RESOLUTION OF THE COUNCILS OF THE CITIES OF CIRCLE PINES AND LINO LAKES SETTING THE NUMBER OF MEMBERS TO SERVE ON THE CIRCLE PINES PUBLIC UTILITIES COMMISSION, AND SETTING THE NUMBER OF MEMBERS TO BE RECOMMENDED BY THE COUNCIL OF THE CITY OF LINO LAKES. WHEREAS, there has been enacted by the Minnesota Legislature a special law, Laws 1985 Chapter 90, providing that the Cities of Circle Pines and Lino Lakes may determine, by joint resolution, the number of members to serve on the Circle Pines Public Utilities Commission ( "the Utilities Commission "); and WHEREAS, the Councils of said Cities have approved said special law by joint resolution; and WHEREAS, the Councils of the Cities have determined the • WHEREAS, the Circle Pines Council has enacted or will enact an Ordinance embodying the terms of this joint resolution; and WHEREAS, the Cities have entered into an agreement, effective , 1986, whereby the City of Lino Lakes has granted a franchise to the City of Circle Pines, by and through its Utilities Commission, to operate a gas distribution system in the City of Lino Lakes. NOW, THEREFORE, BE IT RESOLVED by the Councils of the Cities of Circle Pines and Lino Lakes as follows: 1. Number of Utilities Commission Members. The membership of the Utilities Commission shall consist of five (5) natural persons appointed by the Circle Pines Council. 2. Members Recommended by the Lino Lakes Council. One (1) member of the Utilities Commission shall be a person who has been recommended by the Lino Lakes Council and approved pursuant to the procedure hereinafter set forth. The Lino Lakes Council shall submit its recommendation in writing to the City Administrator of the City of Circle Pines. The Circle Pines Council shall approve the person recommended by the Lino Lakes Council if that person is a resident of the City of Lino Lakes, meets any reasonable requirements for membership on the Utilities Commission then applicable to all members, and will act in the best interests of the Circle Pines public utilities in serving on the Utilities Commission. The Circle Pines Council shall approve or refuse to approve the person recommended by the Lino Lakes Council and communicate its decision in writing to the City Administrator of Lino Lakes within thirty (30) days after receiving notice of the Lino Lakes Council's recommendation. In the event the Circle Pines Council refuses to approve the person recommended by the Lino Lakes Council, the recommendation and approval procedure set forth above shall be followed until a person recommended by the Lino Lakes Council is approved. 3. Appointment of Lino Lakes Member. The term of the first person recommended by the Lino Lakes Council and appointed by the Circle Pines Council following the date of this joint resolution shall commence on January 1, 1987 and shall terminate on December 31, 1988, or on such other date as is set forth in the then effective Circle Pines ordinance establishing the Utilities Commission. Thereafter, the member appointed pursuant to the recommendation of the Lino Lakes Council shall serve for a term of three (3) years. 4. Additional Member Recommended by the Lino Lakes Council. (a) At such point that Circle Pines' total gas sales and other gas related charges in Lino Lakes reaches and maintains for a period of twelve (12) months a level of forty -five percent (45 %) of Circle Pines' total utility sales and other utility - related charges to all of its utility customers, including its gas customers in Lino Lakes, the Utilities Commission shall include a total of two (2) persons who have been recommended by the Lino Lakes Council. The additional Lino Lakes member shall be recommended and appointed as provided in Paragraph 2 of this Joint Resolution. The effective date of the appointment of the additional Lino Lakes member shall be the day after the expiration of the term of the first Circle Pines member whose term expires after verification by the Utilities Commission that gas • sales and other gas - related charges in Lino Lakes has maintained a level of 45% of Circle Pines' total utility sales and other utility - related charges to all of it utility customers, including its gas customers in Lino Lakes. • (b) If, during the entire term of any member of the Utilities Commission who has been recommended by the Lino Lakes Council, Circle Pines' total sales of: gas :and-other gas related charges: in Line Lakes remains below thirty -five percent (35%) of Circle Pines' total utilities sales and other utility - related charges to all of its utility customers, including its gas customers in Lino Lakes, then the Circle Pines Council shall appoint the successor to said member, and Lino Lakes.shall lose its right to recommend a second member, until such time as Lino Lakes requalifies for a second member pursuant to the requirements of Paragraph 4 (2) of this Joint Resolution. 5. Voting Rights. Members on the Utilities Commission recommended by the Lino Lakes Council shall have full voting rights on all matters before the utilities Commission 6. Contingency. In the event that the above - referenced franchise terminates or expires for any reason and is not renewed, then the term of any Utilities Commission member who was recommended by the Lino Lakes Council shall expire concurrently with the termination or expiration of the franchise. • Adopted by the City Council of Lino Lakes, this of '-----(1.6 -Lt c- tvak(.l . , 1986.* day hi\ (P.�l.i -1..� �.�� �� • l,i" "Lz� -' -mot S.� --� Marilyn G. Anderson, Clerk - Treasurer Adopted p t City Council of Circle Pines, this 2g77( day of A- Mt , 1987. Administra or -Clerk Mayor