HomeMy WebLinkAbout1986-048 Council Resolution•
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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
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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.
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(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
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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
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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
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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.
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(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.
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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