CHA 11/18/1975 " ✓ ig/ 76
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0 REPORT FROM THE NOMINATING COMMITTEE
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MThe Nominating Committee of the Charter Commission
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W has submitted the following names for the nomination
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tO of officers :
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N Raymond Sheridan - Chairperson
QClifford Ash - Vice Chairperson
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w Peg McChesney - Secretary/Treasurer
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o NOTICE OF MEETING
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,"'■ "' The annual Charter Commission meeting is scheduled for
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aNovember 18 , 1975 at 7 : 30 P.M. The meeting will be
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H held in the Community Room at the City Hall. Please
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z plan to attend . Thank you
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1-7/1777/IF Fill/IL P1
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TO ' Charter Commission members
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M FROM: Ray Sheridan
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m DATE : October 22 , 1975
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` SUBJECT: COMMITTEE ASSIGNMENTS
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m At our meeting October 21 , we set some goals and
4 dates for 1976 to be sure that we will be ready for
I- the fall ' 76 election. The goals or deadlines are
o w set for the April 18th meeting with all revisions ready •
z for forwarding to City Council.
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In an effort to attain these goals - deadlines , I
} have established some committees to review those sections
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o which were not passed by Council earlier this year.
E Each committee should meet before next meeting and have
"- a report prepared for our meeting on November 18 , 1975 .
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to The names with the * indicate the person is re- .
w sponsible for contacting the others on the committee,
x to set the .date for your meeting , etc . Select your
m own chairperson who will give the report.
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w Attached is a copy of the minutes of the September
z 16th meeting d-the ctions.'fo ,<;ftwth .r.,st i4 yr us: ..,- le.- r ' r}
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SECTION 5 . 02 Ole Bjerkesett 560-3639
in * John Swanson 5,71-7638
°; Elaine 'kn&ff . t - 571-1939.
SECTION 5 . 08 ' Harry Crowder 560-5821
Cliff Ash 574.-9,579
E Ray Sheridan 574-0007
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cc SECTION 5. 19 Ken Brennen 571-80.35 .
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* Jackie Johnson ,571-0906 -
w Roy McPherson F 574-0127
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(continued)
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//a 1 1 7
4117A
TO: Charter Commission
FROM: Ray Sheridan
DATE : October 22 , 1975 '
PAGE: 2
SECTIONS 6 . 04 , 6. 05 , 6 . 06 * Peg McChesney 571-3038
Herbert Bacon 571-7806
Jerry Ratcliff 786-2142
SECTIONS 7 . 04 , 7 . 05 , 7 . 14 * Cliff Ash 574-9579
Ray Sheridan 574-0007
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SECTIONS 10. 05 , 10 . 06 , 10 . 09 Robert O'Neill 571-1272
Herbert Bacon 571-7806
* Ken Brennen 571-8035
The attached proposed wordings of Sections 10 . 05 , 10 . 06 ,
and 10. 09 were discussed and approved at a meeting of the
following three members of the Fridley City Charter Commission:
Ken Brennen; Herb Bacon; and Bob O 'Neill. The meeting was
held November 11 , 1975 .
In essence , the term "public utility" has everywhere been
replaced by the more inclusive term "public utility or franchisee" .
The heading of 10 . 06 (b) was struck because it was not binding
in the original form, and in the most recently proposed form
was identical to heading 10 . 06 (a) , in which we now include it
by simply striking the " (a)"
PROPOSED WORDING OF SECTIONS 10 . 05 , 10. 06 , 10 . 09
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SECTION 10. 05 . RATES AND CHARGES . Every public utility or
franchisee making use of the street or public places within
the city shall give courteous , efficient and adequate service
• at reasonable rates . A reasonable rate shall be construed to
be one which will , with efficient management , normally yield
a fair return on all property used and useful in furnishing
service to the city and its inhabitants . This shall not be
construed as a guaranty of a return and in no case shall
there be any return upon franchise value. Within these limits
the determination of maximum rates , fares, or charges to be
charged by any public utility or franchisee for service rendered
to the city or any person, persons , firm or corporation within
the city shall be made , if possible , by direct negotiations
between the public utility or franchisee and the council . In
case of failure to reach an agreement by this method within a
reasonable time the council may, in its discretion, agree to
submit to arbitration on such terms as it may deem feasible or
upon such terms as the franchise provides for, the fixing of
rates , fares , or charges by the public utility or franchisee ;
provided , however, that the rates , fares , or charges so fixed by
arbitration shall not be binding on the city for more than five
years .
PROPOSED WORDING OF SECTIONS 10 . 05 , 10 . 06 , 10 ;09
SECTION 10 . 06 . PROVISIONS OF FRANCHISES . 4a4 Every franchise
shall contain, among other things , provisions relating to the
following:
(1) The term of the franchise granted , which shall not
exceed 25 years ,
(2) Rates , fares and charges to be charged by the public
utility or franchisee in compliance with the terms and provisions
of Section :0 . 05 .
(3) The rights reserved to the city in connection with the
erection of poles , masts or other fixtures in the streets or
public places and the attachment of wires thereto , the laying of
tracks in or of pipes or conduits under the streets or public
places , and the placing in the streets or other public places of
any permanent or simipermanent fixtures or equipment by the
public utility or franchisee.
(4) The prompt repair by the public utility or franchisee
of all damages to the public streets , alleys and public property
• occasioned by the acts or omissions of the public utility or
franchisee .
(5) The rights of the city to have access to all books ,
records , and papers of the public utility or franchisee which .
in any way deal with, affect or record its operations within
and pertaining to the city and pertaining to property and equip-
ment used and useful in furnishing service to the city and its
inhabitants .
PROPOSED WORDING OF SECTIONS 10 . 05 , 10. 06 , 10. 09
SECTION 10. 06 (cont. )
4b4-Every-fraAehise-may-eentaiR -ament-ether-thiRgs3-previsielis
relating-te-the-fellewirig
414 (6) The power and right of the city to submit to
arbitration the fixing of' any rates , fares or charges to be
made by the public utility or franchisee .
4244 (7) The right of the public utility or franchisee to
receive upon condemnation proceedings brought by the city to
acquire the public utility or franchisee compensation for its
franchise on the value thereof , if any.
SECTION 10 . 09 . PUBLIC HEARINGS . Before any franchise ordinance
is adopted or any rates , fares or charges to be charged by the
public utility or franchisee are fixed , there shall be a public
hearing by the council , in regard thereto. Notice of such
public hearing shall be given by published notice at least once
in the official newspaper not less than twenty (20) days prior
to the date of such public hearing. Additional notice of such
public hearing may be given in such manner as the council shall
determine .