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1973-04-24~2 MINUTES OF THE COUNCIL MEET]i~G OF APRIL 22, 1973 at 8 P.'M. at the SHIRLEY HILLS SCHOCL MOUND, MINNESOTA Present at roll call: Acting Mayor John Andreasen, Councilmen Donald Ulrick, Gordon Swenson and Orval Fenstad; Attorney Curtis Pearson, Village Manager Leonard L. Kopp, Engineer Keith Englesby. MINUTES The Minutes of the April 10, 1973 .meeting were presented for consideration. Fenstad moved and Swenson seconded a motion to accept the~.minutes of the April 10, 1973 meeting as presented. The vote was unanimously in favor. The Minutes of the Special Meeting of April 17, 1973 were presented for consideration~ Ulrick .moved and Swenson seconded a motion to accept the minutes of the special meetihg of April 17, 1973 as presented. The vote was unanimously in favor, so carried. BALSAM ROAD Fenstsd moved and Swenson seconded a motion RLSOLUTION 73-107 RESOLUTION DIRECTING SEAL COATING BALSAM ROAD to Spruce on Balsam) (From Co.mmerceiBlvd. Roll Call vote was unanimously in favor. STREET LIGHT REQUEST Swenson moved and Fenstad seconded a motion RESOLUTION 73-108 RESOLUTION ORDERING INSTALLATION OF STREET EI~FIi~FATTHEINT~P~ECTION OF MANCHESTER ROADAND STRAFFORDLANE The vote was unanimously in favor RIDGEWOOD ROAD The petition presented was was instructed to contact the citizen presenting the petition and explain the problem to him. RESTAURANT LICENSES Ulrick .moved and Swenson seconded a .motion RESOLUTION 73-109 RESOLUTION GRANTING RESTAURANT LICENSE RENEWALS FOR THE CURRENt House of Moy Mound Lanes VFW Club Thrifty Drug StaDe I Paul' s Store A1 & Alma's Sttrfs ide Inc Briarwood American Legion The vote was unanimously in favor 3.2 BEER LICENSES Fenstad ,moved and Swenson seconded the ,motion RESOLUTION 73-110 RESOLUTION GRANTING ON SALE BEER LICENSF~'~RENEWALS TO: Paul's Store Mound Lanes GRANTING OFF SALE RENEWALS TO: Paul's Store Mound Lanes Gr imms Store Thrifty Drug National Foods A1 & Alma's Surfside Inc A1 & Alma's Surfside Inc Piggly Wiggly Prize Pantry The vote was unanimously in favor LICENSES FOR GAMES OF SKILL Swenson moved and Ulrick seconded a motion RESOLUTION 73-111 RESOLUTION GRANTING GAMES OF SKILL AND JUKE BOXRENEWALS TO: A1 & Alma's Pauls Store Mound Lanes Surfside Inc American Legion Briarwood Inc l~]f01ub AND GRANTING REN~,IAL OF BO~LINGALLEY LICENSE TO MOUND LANES The vote was unanimously in favor ~3 METRO RATE AUTHORITY ORDINANCE Swenson moved and Fenstad seconded a ,motion to ordain the £ollowin9 ordinance ORDINA/~CE NO. 302 VILT.~GE OF MOUND, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF bIOUND, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TO USE Tt{E STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES; PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR, THE COUNCIL OF THE VILLAGE OF MOUND DOES ORDAIN AS FOLLOWS: Section 1. PURPOSES. Northern States Power Company,~ a corporation organized 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 Mound. The Village Council has determined that it is desirable, in the public interest, and to the advantage of the consumers of electricity in Mound, 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 service in M~und upon the terms and conditions Section 3. GRANT. Subdivision 1. There hereby isi granted to Company for the period extending to January 1, 1983, (subject to termination on December 31, 1977 upon notice from 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 distribution system and electric transmission lines, including all poles, pole lines, conduits, and fixtures and appurtenances, usually, conveniently, or necessarily 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 ordinary travel along and over said streets, alleys, public ways, and public grounds. Subd. 2. This ordinance is intended to regulate the exercise of the 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. Such regulations, insofar as they do not affect the rate Committee may, on its own motion or on the request of Municipality, review such amendments or rules and regulations. 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. on an~ ~£ ~ ~u~v~ u~u~ o~ this ordinance. The schedule shall remain in effect until changed in accordance with Section 8 of this franchise. The cost to the Company of any franchise fee, street rental charge, gross receipt~ taxes, or any other duties or imposts, imposed by the change the rate 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 th~ notice from Company to Municipality and Authority, or upon notice of Municipality to Authority and Company at lea 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 distribution system and electric transmission lines including all poles, pole lines, conduits, and fixtures and appurtenances, Usually, conveniently, or necessarily 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 ordinary travel along and OVer said streets, alleys, public ways, and public grounds. Subd. 2. This ordinance is intended to regulate the exercise of the 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. Such regulations, insofar as they do not affect the rate regula~iOn ~d--~d~in-istrati0n provisions of this ordinance, need not be identical among members of the Authority. ~..-- Subd. 3. Nothing in this ordinance prevents the i powers of the Authority from being hereafter delegated by i law to some Other governmental authority. 1 Section 4. EXTENSIONS; SERVICE; RULES AND REGULATIONS. Subdivision 1. Company shall provide reasonably efficient, !I adequate and non-discriminatory service, at reasonable rates, to all members of the public within the Municipality who apply for such service in accordance with rules and regulations of Company. Subd. 2. Company may, from time to time, promulgate rules and regulations 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. Existing rules and regulations of Company shall be filed promptly with the Authority and shall become effective on filing. They shall be kept open for public inspection. Thereafter Company may file amendments thereto or additional rules and regulations. Within 60 days after such filing the Executive Committee may, on its own motion or on the request of such amendments or rules and regulati°ns~~1_/3 disapprove any such amendment or rule and regulation which 'is unreasonable or unlawful. Section 5. SERVICE INTERRUPTION. Subdivision 1. Company will provide continuous, adequate and non- discriminatory electrical service in'the Municipality. Subd. 2. Company's provision of electric servi to its customers is subject to interruption and disturba of service due to: (a) conditions beyond its control; (b) necessary maintenance and operation of its (c) ce nc. system; effect of operations of any interconneCtinc (d) (e) electric'systems; c~rtailment of electric service as may be prudent to maintain service to priority loaf or to maintain the operating stability of Company's system; or Temporary interruptions or disturbance ofi service; neither Company, Municipality, the Authority nor any customer shall be liable for damage or loss for interrupt or disturbance of service due to said causes. Company Wi not be in breach of this franchiSe for interruptions of service due to such causes. Subd. 3. Company will promptly take such action as may be practicable under the circumstances to remove the 7 cause of any interruption, disturbance, or curtailment and to resume normal delivery of electric service. Section 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 in the business under an economical and efficient management. Subd. 2. The rates charged to any class of custome will not cast an 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. 3. ~ The schedule of rates contained in Append~ A, attached.and made 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. The schedule shall remain in effect until changed in accordance with Section 8 of this franchise. The cost to the Company of any franchise fee,~street rental charge, gross receipt~'~ taxes, or any other duties or imposts, imposed by the Municipality'Will'b~-~ec~Vered~byC0~p~nya'S'-~Surcharge--~~. to such rates within the Municipality. Ad valorem taxes may not be recovered by a surcharge. Such surcharge will be equitably distributed among electric customers in the Municipality. Section 8. RATE CHANGES. Subdivision 1. Company may change its rate structure by changing classification of rates, the number of blocks, size of blocks, the price differential between blocks, or by adding a new classificat~ of rates or by closing 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 Administrator and shall be supported by data showing the desirability of the change and the reasonableness thereof. Other changes in rate structure shall be made under Subd. 2 of this section. Subd. 2. 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 rate 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 ~~~~ filinq equal to the Allowable Annual defined in Section 10 plus part or all of d,bit balance or less.part or all of any credit _ ~nce in the Stabilization Reserve Account established ~ Suction 15. The filing shall recite the proposed cm~nge or continuance and the forecasts substantiating ~% Provided however, in order to minimize or prevent ~c~ve fluctuation in the rates, the Company may ~d~:t~onally once during a calendar year, but not prior to ~ ~5 thereof, adjust the rates in the same manner as F~ovided above. Subd. 3. The rates to become effective on and after ~rch 15, 1974, pursuant to Subd. 2 of this section, shall be ~ub3ec~ to a temporary reduction during the year 1974 totaling $6,000,000. Such reduction and any credit balance in t~e Stabilization Reserve Account resulting from 1973 operations ~il~ be applied only to the bills of Customers located' ~n those areas of the Metro Area in Which the base electric rates for residential service, general service, and large general service were no less than such base electric rate: charged in the City of Minneapolis on January 1, 1973. Base electric rate means the charge to the customer for electric service excluding any franchise fee, street rental charge, gross receipts tax or duties or imposts, imposed by the municipality included in or added to said charge. .ntinuance of existing rates shall be based on forecasts ~r the calendar year of filing of expenses,.capltal costs of the revenues required to enable Company to earn an I Unt equal to the Allowable Annual Return defined in ection 10, plus part or all of any debit balance r iess part or all of any credit balance in the I$.tabilization Reserve Account as provided in Section 15. subd. 5. Company will annually supply forecast data to the Rate Administrator in accordance with t~e following schedule: Revenue Budget Expense Budget November 1 December 1 December 15 Capital Budget or on such later dates as the Rate Administrator may authorize. Subd. 6. On or before December 1, 1975, and at intervals of no more than five years thereafter, Company shall furnish a current study of its rate structure to the Authority. Subd. 7. On or before March 1 of each year Company will supply Authority with a tabulation of customers and revenues attributable to each Municipality in the Metro Area for the previous calendar year. Section 9. RATES; RATE FILING. Subdivision 1. Ar filing by Company with the Authority to changeor contin~..e 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 any rates or rate structures as provzded in section '8, -5~bd. 2, may be altered, amended, or revised by the ~x~utive Committee in conformance with and subject to the provisions of this ordinance. Subd. 2. The Rate Administrator shall make written recommendations as to the filing to the Executive Committee ~thin 20 days of the filing. Subd. 3. Any alteration, amendment,, or revision in the filing shall be made by written order of the Executive ¢o..-~ittee which sets forth its findings and conclusions upon all material issues. The order shall be served on Company -within 35 days after notice of the proposed change or continuance of rates has been filed with the Authority. 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. If judicial review is applied for, the rate proposed by Company in Section 8, shall be in effec until the question of such alteration, amendment, or revision is finally determined by the court. In such review and determination.Company has the burden of proof. At the time of applying for judicial review, Company shall~ if ordered by the Court, file with the Clerk a corporate undertaking obligating it to comply with such relief as court may order consistent with the provisions of this franchise. /~'~ Subd. 5. The rates determined under Section 8 )r this Section are the "Metro Area Rates". Section 10. RATE MAKING: DEFINITIONS. Subdivision For the purposes of this ordinance, the terms defined in.this section have the meanings given them. Subd. 2. "Allowable Annual Return" means the product )btained by multiplying the Allowable Rate Base by the Allowable Rate of Return. Subd. 3. "Allowable Rate of Return" means the Weighted average actual cost for the year of filing 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 Equity" means that return on common equity capital determined pursuant to Section 12. Subd. 5. "Senior Capital" means all debt, including short-term debt, and preferred stock. Subd. 6. "Cost of Senior Capital" means the weighted average cost of all senior capital, where the cost of each issue is obtained by multiplying the principal ~ebt and by the di~e~--r~%~-"i~-%h~'c~'se of preferred stock, and dividing by the net proceeds of the issue. /~ Subd. 7. "Net proceeds" 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 capital, the term means the sum of a) the principal amount of bank loans outstanding, and b) the principal amount of commercial notes, less prepaid interest. In the case of preferred stock, the term means the stated Value plus premiums, less issuance expense and discounts. In the case of re-acquisition, retirement or refunding 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. Subd. 8. "Actual Net Earnings" for the year 1973 means actual gross revenues of Company received for electric utility service furnished in the Metro Area less operating expenses reasonably incurred in rendering such service. For subsequent years said term means gross revenues of Company for electric utility service furnished in the Metro Area calendar year of filing equal to the Allowable Annual 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 July 15 thereof, adjust the rates in the same manner as provided above. Subd. 3. The rates to become effective on and after March 15, 1974, pursuant to Subd. 2 of this section, shall be subject to a temporary reduction during the year 1974 totaling $6,000,000. Such reduction and any credit balance in the Stabilization 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. Base electric rate means the charge to the customer for electric service excluding any franchise fee, street rental charge, gross receipts tax or duties or imposts, imposed by the municipality included in or added to said charge. customers and revenues attributable to each Municipality in the Metro Area for the previous calendar year. Section 9. RATES; RATE FILING. Subdivision 1. Any filing by Company with the Authority to change or contin~e At the time of applying for judicial review, Company shall~ if ordered by the Court, file with the Clerk a corporate undertaking obligating it to comply with such relief as ~. v. ~v~ ~~- means tne 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 of the 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. For the years 1973 and 1974 such allowance shall be computed at the rate of 8%. Thereafter, the annual percentage rate applied to determine 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 current incremental cost of financing new construction, and shall change only in increments of one-half percent, provided, however, that such annual percentage rate shall not be more nor less than that required by the Federal Power Commission. Operating expenses shall include Research and Development expenses and donations made for charitable, social, or community welfare purposes. Research and Development expenses shall be accounted for in the manner provided in the Uniform System of Accounts. Subd. 9. "Allowable Rate Base" means the average of net plant less customer contributed capital and plus working capital. Net plant means a) the original cost of electric utility plant and common utility plant used and useful in rendering electric service in the Metro Area, plus b) that portion of the original cost of plant held for 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 .... ~ .... ~ u~ ~ccrueQ property anQ income taxes, but cash working capital shall not be less than 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 statin? the reasons supporting such change and specifying the ~r~m ~ne ~ate A~mln~strator.s order of determination, the order is final. If an appeal is taken from the Rate t Administrator's order of determination, the order is an interim order and shall remain in effect until finally or Authority ~al±s wxu~ .......... panel member, the member appointed by the other party shall proceed as a single member and issue his order, wbi,~ shall constitute the order of the panel. to construction work in progress included in the Allowable Rate Base in Subd. 9 hereof. For the years 1973 and 1974 SUch allowance shall be computed at the rate of 8%. Thereafter the annual percentage rate applied to determine 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 current incremental cost of financing new construction, and shall change only in increments of one-half percent, provided, however, that ~uch annual percentage rate shall not be more nor less than that required by the Federal Power Commission. Operating expenses shall include Research and Development expenses and donations made for charitable, social, or community welfare purposes. Research and Development expenses shall be accounted for in the manner provided in the Uniform System of Accounts. Subd. 9. "Allowable Rate Base" means the average of net plant less customer contributed capital and plus working capital. Net plant means a) the original cost of electric utility plant and common utility plant used and useful in rendering electric service in the Metro Area, plus b) that portion of the original cost of plant held for future use and construction work in progress applicable to the Metro Area, less c) related booked reserves fgr depreciation and amortization. Customer contributed capital means amounts re±ated to serVi6~n the Metro Area contributed or advanced by customers for construction and amounts collected from -'~ customers through rates and chargeS for deferred operating 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 Commission Uniform System of Accounts to Accounts 252 Customer Advances for Contruction, 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 Accu3nulated Deferred Income Taxes - Liberalized 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: (a) cash working capital equal to one-eighth of operation and maintenance expenses excluding purchased ~ power and one-half of fuel expenses, plus average compensating bank balances to support short-term borrowings, less the monthly average of accrued property and income taxes, but cash working capital shall notbe less than zero; plus (b) monthly average prepayments; plus (c) /~ monthly average materials and supplies; plus (d) monthly average fuel stocks; plus (e) monthly average miscellaneous deferred debits. Section 11. ALLOWABLE 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. At the close of such year the Allowable Rate of Return shall be determined and shall be used as a basis for the Allowable Annual Return. Subd. 2. Allowable Rates of Return and projections. thereof shall be calculated to the nearest one-hundredth of one percent. Section 12. ALLOWABLE RETURN ON COMMON EQUITY. Subdivision 1. Company shall be allowed a Return on Common Equity for the Metro Area for the c~lendar year 1973 of 13.25%. For the calendar year 1974 Company shall be allowed a Return on Common Equity for the Metro Area of 12.95%. For years subsequent to 1974, Company or the Executive Committee may request a prospective 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 ne~t year, by serving upon the other Party a notice statin~ the reasons supporting such change and specifying the · rom ~ne ~ate Ac~nlnlstrator.s order of determination, the order is final. If an appeal is taken from the Rate Administrator's order of determination, the order is an interim order and shall remain in effect until finally Proposed Allowable Return on Common Equity for the year. If no request is made the Allowable Return on Common Equity remains in effect. Subd. 2. The request for chan~e in the Allowable Return on Common Equity shall be reviewed by the Rate Administrator who shall forthwith set a date prior to January/ 15 for hearing upon such request. He shall give '10 days notice 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 parti- cipation. Only persons complying with this notice provision may be heard at the hearing. The Rate Administrator shall prescribe reasonable rules and regulations for the COnduct of such hearings. Upon completion of the hearing, and no later than February 15, the Rate Administrator will serve on Company and the Authority a written orde~ determining the Allowable Return on Common Equity for the current year and setting forth his findings and conclusions on all material issues relativ~ to his determination. If no appeal is taken from the Rate Administrator,s order of determin~_. the order is final. If an 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. The Allowable Return on Common Equity finally determined shall be effective as of the proposed effective date. Subd. 3. Within ten days after receipt of the order of determination, any Party may appeal the order to a hearing panel by filing a notice of appeal with the Authority and Company. The panel shall consist of three members of professional standing, each having one vote. The members of the hearing panel shall be selected as follows: Within 20 days of notice of appeal the Company and the Authority shall each appoint a panel member and each shall immediately notify the other of such appointment. The two panel members so appointed shall, within five days after the second member is appointed, select a third panel member. If the first two panel members are unable to agree 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 Company or Authority with five days notice to th~ other. In the 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, whi:~l~ shall cOnstitute the order of the panel. subd. 4. The review by the panel of the Rate ~in£strator's determination shall be de novo and the ~.~41 shall consider all evidence material and relevant ~%~ issues raised by such appeal. The hearing shall be ~.~=¢ted in the manner prescribed by Chapter 15, Minnesota ~, .u=es, for conduct of administrative hearings. The :.~rd=n of proof shall be upon the appellant. Only those r==~:¢s and Persons who appeared before the Rate ~ni~trator may appear before the panel. Subd. 5. The panel shall determine the Allowable ~urn on Common Equity by written order served on Company a~ ~he Authority, which order shall set forth its findings a.~ c-onclusions, including the bases therefor, upon all -_~%,ria! issues relative to such determination. The ~,~.rmlnation of the panel shall be made within 60 days ~f%~r tho third panel member is selected. If no appeal is =~ak~n from the panel's order of determination the order is f~nal. . Subd. 6. Any Party aggrieved by a final order of · ~:~. ..~ea~ing. panel is entitled to judicial review thereof In the District Court of Hennepin County if proper applicatior. ~ m~de therefor within thirty days after the hearing panel ~-~ served its order. The review shall be cOnducted by the Court without a jury and shall be confined to the record, ~cep.t that in cases of alleged irregularity in procedure D~fore the hearing panel not shown on the record, testimony theru~on may be taken by the Court. Except as otherwise provided, all proceedings shall be conducted according to the provisions of Minnesota Statutes Sections 15.0424 - ~ !$.0426. Subd. 7. The Court may affirm the decision of the hearing panel or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the appellant have been prejudiced because the' hearing panel's findings or conclusions are: (a) In violation of constitutional provisions; or (b) In excess of the authority conferred upon said hearing panel by this ordinance; or (c) Made upon unlawful procedures; or (d) Affected by other error of law; or (e) Unsupported by substantial evidence in view of the entire record as submitted; or (f) Arbitrary or capricious. Section 13. STANDARDS FOR DETERMINING ALLOWABLE RETURN ON COMMON EQUITY. The Allowable Return on Common Equity is determined by and must satisfy the following standards: (a) The Allowable Return on Common Equity shall permit Company to earn a return on its equity investment in property which it employs for the convenience of the 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. 7/ The Allowable Return on Common Equity shall be reasonably sufficient to assure confidence in (c) the financial soundness of Company. The Allowable 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 the proper discharge of its public duties. 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 principles and,. except as otherwise provided in this ordinance for specific items, the amounts and rates of amortization or a~crual shall be based upon the actual experience of Company where such experience exists. Subd. 2. An allocation shall be made by Company of operating expenses 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. Section 15. STABILIZATION RESERVE ACCOUNT. ion 1. Actual Net Earnings greater or less than Allowable Annual Return in any calendar year shall be credited or debited to an account'designated'the "Stabilization Reserve Account". Subd. 2. Any credit balance in said account shall be credited monthly with interest computed at the current prime interest rate. Subd. 3. All or part of any debit or credit balance in said account may be amortized over not more than two years to balance earDings and to minimize fluctuations and stabilize rates in the Metro Area. By agreement of the Executive 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 stabiliz~ rates in the Metro Area. Subd. 4. Any credit balance in the Stabilization Reserve Account shall not be used to benefit customers located in Municipalities where rates lower than the Metro Area Rates were charged in the period during which such credit accrued. Subd. 5. Any balance in said account at termination of the rate-making process in the Metro Area provided for in this franchise shall be promptly refunded or otherwise recognized for customers' benefit. Section 16. RESERVE FOR DEPRECIATION AND \ ZATION OF UTILITY PLANT. Subdivision 1. The Co~ for Depreciation and Amortization of Utility , or similar caption, which shall show _=d charges to operating expenses on account of ~reciation adjusted for salvage and retirements in ~e with Subd. 2 of this section. The annual , ,e to operating expenses.for depreciation of depreciable used and useful in rendering electric service in Metro Area shall be an amount designed to recover the original cost of such depreciable property the estimated average service life of each group of '. Annual depreciation rates shall be revised ~ally so as to reflect all factors bearing on the of the original cost of such depreCiable property its estimated average service life. At least once 'ery five years the Company shall prepare a depreciation analyzing retirement experience and other factors to the~ establishment of depreciation rates. Such shall be used as a guide in determining the depreciation res to be used to recover the original cost of depreciable Subd. 2. The actual original cost of property A · otherwise retired from service or not u~ ~ !ul in the public service for any cause· ~ .~-~ ..... ~ ~ · ted to the appropriate plant account. S~ .... ..... ~ ..... ~-~,~,~ Subd 4 The review by the panel of the Rate Administrator's determination shall be de novo and the panel shall consider all evidence material and relevant to the issues raised by such appeal. The hearing shall be conducted in the manner prescribed by Chapter 15, Minnesota Statutes, for conduct of administrative hearings. The burden of proof shall be upon the appellant. Only those Parties and Persons who appeared before the Rate Administrator may appear before the panel. Subd. 5. The panel shall determine the Allowable Return on Common 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. Subd. 6. 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. The review shall be conducted by the Court without 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, testimo~uy thereon may be taken by the Court. Except as otherwise the same general part of the country on similar investments in other business undertakings Section 15. STABILIZATION RESERVE ACCOUNT. ~,vision 1. Actual Net Earnings greater or lest !owable Annual Return in any calendar year Section 16. RESERVE FOR DEPRECIATION AND ~RTIZATION OF UTILITY PLANT. ion in Subdivision 1. The Company's ~7 ~d, otherwise retired from service or not used and ' the public service for any cause, shall be 9 the appropriate plant account. Such original cost plus the costs incidental to said abandonment or retirement shall be debited to the Reserve for Depreciation and Amortization of Utility Plant, subject, however, to the provisions of Subd. 3 of this section. The salvage value received and any other 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 consideration of tax effects shall be credited to said Reserve or other appropriate reserve and be debited to a deferred account designated as "Extraordinary Property Losses", or similar caption. Debits to said deferred account shall be amortized by charges to operating expenses as provided for in Section 14, and the unamortized balance shall be included in the Allowable Rate Base. Subd. 4. If the actual original cost is not shown by the books and records of Company or its pre- decessors, 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. Section 17. ACCOUNTS AND RECORDS. Subdivision plant which show all financial transactions, including receipts and disbursements and the particulars thereof. Subd. 4. The Authority shall have access at all ways and public grounds of Municipality, unless such injury or damage is the result of the negligence of Municipality, its employees, officers or agents, or results from the performance in a proper manner of acts reasonably determ3~3d to be hazardous by Company, but such performance is its facilities at its own expense. ~un~~ give Company reasonable notice of plans requi~ing such relocation. Nothing in this ordinance contained shall Municipality, interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines~ conduits, fixtures or appurtenances, installed in pursua~>~re r cost plus the costs incidental to said abandonment or retirement shall be debited to the Reserve for Depreciation and Amortization of Utility Plant, subject, however, to the provisions of Subd. 3 of this section. The salvage value received and any other 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 consideration of tax effects shall be credited to said Reserve or other appropriate reserve and be debited to a deferred account designated as "Extraordinary Property Losses", or similar caption. Debits to said deferred account shall be amortized by charges to operating expenses as provided for in Section 14, and the unamortized balance shall be included in the Allowable Rate Base. Subd. 4. If the actual original cost is not shown by the books and records of Company or its pre- decessors, 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. Section 17. ACCOUNTS AND RECORDS. Subdivision plant which show all financial transactions, including receipts and disbursements and the particulars thereof. Subd. 4. 'The Authority shall have access at all 1. Ail expense items, whether charged directly and entirely in a calendar year or amortized or accrued over a longer · period, all revenue items and all balance sheet items -~-~ ~o =~oo~a~d 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 committeei'~ and Company shall agree on the option to be followed for book and rate making purposes. Subd 3. Company shall keep, maintain and preserve proper and accurate engineering, accounting, financial and statistical records relating to the con- struction, cost, maintenance and operation of its utility plant which show all financial transactions, including receipts and disbursements and the particulars thereof. Subd. 4. The Authority shall have access at all Subd. 2. Company shall· file with the Authority (a) schedules showing all of its rates and charges, (b) forms of service contracts or agreements, and (c) any rules and regulations relating to rates, charges or service 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 shall also be kept by Company, and~ shall be available at all reasonable times for public inspection. reasonable times to inspect, examine or audit all of the ~ ~ accounts, books, records, reports, contracts, documents and papers of Company relating to its electric operations. ~ .............. ~-~' ~ SOOh ~c~cable 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. The terms of said 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 statements for its electric utility operations as provided in the Procedures and Accounting Manual. Section 18. INDEMNIFICATION. 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 or damage is the result of Municipality, unless such injury of the negligence of Municipality, its employees, officers or agents, or results from the performance in a proper manner of acts reasonably determ~.,.t3d to be hazardous by Company, but such performance is nevertheless ordered or directed by Municipality after notice of such determination by Company. In the event~'f7 that suit 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 notice of the suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not seasonably 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 Municipality unless Municipality unreasonably withholds such consent. Section 19. RELOCATIONS; Subdivision 1. Whenever Municipality Shall grade, regrade or change the 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. Municipality shall give Company reasonable notice of plans requi~ing such relocation.' Nothing in this ordinance contained shall Municipality, interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines: conduits, fixtures or appurtenances, installed in pursuance u=mrzve-company'of its ~ights 'Under Minnesota Statutes Section 161-46, as amended. ~i Subd. 2 Where the Municipality orders Company to relocate any of its facilities, Company shall proceed with such relocation. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by 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. Subd. 3. Except where required primarily for a municipal improvement 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 relocating the same and the loss and expense resulting from such relocation are first paid to Company. Section 20. TREE TRIMMING. Company Shall have the permission and authority to trim all trees and shrubs in the streets, alleys, public ways and public grounds of Municipality, interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines: ~ conduits, fixtures or appurtenances, installed in pursua~.%e ~ 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 f 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. The validity and reasonableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by a court of competent jurisdiction. Section 22. CHANGE IN FORM OF GOVERNMENT. Any change of the form of government of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal Corporation succeeding the Municipality shall, without the consent of Company, succeed to all the rights and obligations ~ the Municipality provided in this franchise ~'~, Section 23. COSTS OF ADMINISTRATION. The if ,../~Y agrees to pay to the Authority, an initial sum .,~., ........... ~, uay~ after written acceptance ~n~s franchise by Company, and not less than Sir0.000 per year payable in quarterly installments ~m=~uncing on January 10, 1974, to be allowed as an =au~ng expense to the Company and which shall be used s~cure compliance with this ordinance, and for such o~ur purposes relating to the Company's costs of service am the Authority shall deem necessary. The amount of such annual payment shall be subject to review and revision by the Au~rity and Company at the end of 1975 and thereafter as mutually agreed to. Section 24. ASSIGNMENT. Company upon notice ~ the municipality shall have full right and authority assign all rights conferred upon it by this ordinance =o any person, persons, firm or corporation. The assignee I of such rights, by accepting such assignment, shall ~ecome'subject to the terms and provisions of this ordinance. Section 25. WRITTEN ACCEPTANCE. Company shall, if'it accepts this ordinance 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. Section 26. REVOCATION. If this uniform franchis~ ordinance is not adopted by July 31, 1973, by Municipalit}es et in which 60% of Company's electric customers in the Metro~ Area were located on January 1, 1973, the Municipal Council may revoke the'same. However, this right of revocation shall terminate when the Authority is established. For this purpose each Customer Account of Company shall be deemed a customer. Company shall notify the Municipal ~rk 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. It is further the intention of the Council that the existing franchise granted to Company (Ordinance No. 63) is not repealed but is superseded by the terms of this ordinance an( that upon termination of this ordinance the existing franchi: will continue to govern the rights and duties of Company and Municipality .until the termination thereof. Section 28. PUBLICATION EXPENSE. The expense of publication of this franchise ordinance shall be paid by Company. 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. The validity and reasonableness of any ordinance so passed declaring a forfeiture of the rights and privileges granted by this franchise ordinance shall be subject to review by a court of competent jurisdiction. Section 22. CHANGE IN FORM OF GOVERNMENT. Any change of the form of government of the Municipality as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation succeeding the Municipality shall, without the consent of Company, succeed to all the rights and obligations ~f the Municipality provided in this franchise. Section 23. COSTS OF ,ADMINISTRATION. The if .~y agrees to pay to the Authority, an initial sum file a written acceptance of the rights neremy with the Municipal Clerk within 30 days after the effective date of the agreement establishing the Authority. Section 26. REVOCATION. If this unifor~ ordinance is not adopted by July 31, 1973, b ~ expense of publication of this franchise ordinance shall be paid by 6o AUTHORIZING PARTICIPATION METRO RATE AUTHORITY Swanson moved and Fcnstad seconded a .motion RESOLUTION 73-112 RESOLUTION AUTHORIZING PARTICIPATION IN THE METRO RATE AUTHORITY: DIRECTING THE EXECUTION AND BELIVERYOFA JOINT POWERS AGREEMENT The vote was unanimously in favor JOINT AND COOPERATIVE AGREEMENT METRO RATE AUTHORITY Swanson moved and Ulrick seconded a motion RESOLUTION 73-113 RESOLUTION AUTHORIZING THE MAYOR ANB THE MANAGER TO SIGN THE JOINT AND COOPERATIVE AGREEMBNT METRO RATE AUTHORITY The vote was unanimously in favor SEWER ASSESSMENT APPEAL Andreasen moved and Swanson seconded a motion RESOLUTION 73-11h RESOLUTION DENYING ASSESSMENT A~PEAL (Esther Fenton) Assessment met the criteria) The vote was unanimously in favor (Original BILLS The following bills were presented plus one for $100.00 from the Fire Fund to Lake Region Mutual Aid Assn.for consideration. Fenstad moved and Swanson seconded a motion to pay the bills where funds are'::available. The roll call vote was unanimously in favor. Village of Mound, Minnesota Bills - April 2h, 1973 GENERAL FUND Timothy Ogland 90.00 Gene LaMarre 7.~0 77. o ADMiNISTRATION FUND Xerox Corp Sun Oil Co Northern States Power Janski & Gibson Bell & Howell State Treasurer of Minnesota Olerk of District Court Hennepin County Finance Director lh2.68 28.oh 26.12 2 o.oo 28.83 10.o0 .oo 1,O28.~2 FIRE FUND Watertown Community Hospital 3.30 3.30 INSPECTOR FUND Duane Dodds 166.50 166.S0 61 PARK FUND Peter Kowal 1 Northern States Power Hennepin County Finance Director BOND AND INTEREST FUN D - CBD Parking Hennepin County Finance Director WATER FURD Sexton Data Products Michael Krause Northern States Power Integrated Data Processing Westonka Plbg Hennepin County Finance Director SEWER FUND Widmer Bros Sexton Data Products Northern States Power Integrated Data Processing Inc Drews Electric Westonka Plbg 2.00 2.o8 10 .0 285.81 9.87 87.08 191.67 16.oo 218.6o 27.oo 9.88 392.78 191.68 188.1o 73.oo lo9.13 28~.8l 882. LIQUOR FUND Village of Mound Famous Brands Inc Griggs Cooper & Co Inc Johnson Bros Wholesale Liquor Old Peoria Co Inc Ed Phillips & Sons Co Twin City Wine Co Wine Merchants Co MUNICIPAL BUILDING CONSTRUCTION FUND Gordon Coffin 13.96 1,703.17 1,~98.02 1,87o.25 721.02 1,712.78 170.10 1~7.32 7,828.88 396.25 396.25 Total to here 12,619.02 ULRICK REPORTS ON LITTLE LEAGUE Don Scherven called Ulrick and stated that they had a committment of $3,000.00 from the Lions toward a Little League field; he also stated that the Island Park site was of adequate size if they were able to cut into the bank a little. SWENSON REPORTS ON JUNK At the junction of Tuxedo and Argyle, junk cars, garbage and junk. 62 RESOLUTION 73-116 RESOLUTION APPROVING THE APPOINTMENT OF HELEN EUGSTER TO FILL THE UNEXPIRED TERM OF MR.PAUL DAHL JtS COMMISSIONER OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MOUND (August 29, 1977) The vote was unanimously in favor YOUTH COMM%SSION APPOINTMENTS Fenstsd moved and Swenson seconded s motion RESOLUTION 73-117 RESOLUTION APPOINTING DONNA HOLSMAN~ STEVE SUNDBERG AND KARLY KROTZER TO THE YOUTH COMMISSION The vote was unanimously in favor FIRE DEPT Russ Orn reported on the condition of the Fire Department equipment and their ~emi- annual needs. Bob Johnson reported on Fire Prevention programs and Fire Inspections; five in 1972 and 2 so far in 1973. He commented that the pay was so insufficient that he could not afford to take time from his regular job to .make inspections. Russ reported that one .man had been suspended for not attending drills and meetings; the council reminded him that the Council had the~final say in suspensions that are to be presented to them in writing. Fenstad said he was proud of the department but the chief had not agreed with the council, the village attorney and the State Fire Marshall on the number of exits necessary in the pool hall. Ulrich stated that Fire Inspections are very necessary, and are not to close up businesses but rather to make it safer to operate businesses. Orn and Garvais both commented on the layouts of business places they had on file in their department. The council commended the fire department on the Class 6 Fire Rating recently achieved for the Village of Mound and their part in it, also commending the officers and .men of the department for record~,~dg~s. The matter of increasing the budget for Fire Inspections will be considered at budget time in September. Acting Mayor Andreasen summarized the discussion with these points: No. 1 No. 2 No 3 No. h Need Fire Inspection Need written communications from both directions to and from the Fire Department Council requests are to be Next ,meeting in September the council wants a complete inventory of all equipment and the condition of each item. Russ said that Chaska, Victoria and St. Boni want to join the Lake Mutual Aid. The attorney said request should be in writing and the Joint Power Agreement would have to be reviewed to state what action would be necessary. Minnetrista Sewer was discussed. M'iCROGRAPHIC SERVICES UNIT DEPARTMENT OF ADMINISTRATION STATE OF MINNESOTA CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microfilm appearing on this Film-File starting with ?;j~. [/, /~7.~ . and ending with ~~_ ~,. ,/~72.~~ --_ is an accurate and complete reproduc- tion of records of the following agency: CITY OF MOUND delivered to the undersigned by MARY ~RSKE the legal custodian of said records, who affirmed that such records were microfilmed .by the undersigned in the regular course of business pursuant to established policy of the following agency: CITY OF MOUND to maintain and preserve such records through the storage of microfilm Feproduction thereof, in protected locations. It is further certified that photographic processes used for microfilming of the above records were accomplished in a manner and on microfilm which meets with the requirements of the National Bureau of Standards for permanent microphotographic copy. ~gLE/FICHE NUMBER COUNCIL ~{INUTES DOCUMENT '1'. D. JAN 1 8 1979 DATE PRODUCED CAMERA OPERAT6~ ~ RM-00062-01