BY COUNCILOR ECKENBERG:
RESOLUTION AUTHORIZING THE
DEPARTMENT OF PUBLIC WORKS AND UTILITIES TO EXERCISE THE POWERS SET FORTH
IN MINNESOTA STATUTES 453A.01 TO 453A.12 IN CONJUNCTION WITH THE OPERATION
OF THE GAS UTILITY.
RESOLVED, that pursuant to the provisions of Minnesota Statutes Section
453A.08, subdivision 2, the department of public works and utilities is
authorized to exercise the powers enumerated in Minnesota Statutes Sections
453A.01 through 453A.12 in the operation of the city's gas utility.
OF PURPOSE: This resolution is a companion to Ordinance
01-004-O which authorizes a new Article XVI in Chapter 48 of the City Code
to provide that the city's gas utility can procure gas for the utility
utilizing the powers set forth in Minnesota Statutes Sections 453A.01 to
453A.12. This resolution is redundant in that it restates what is
in the ordinance but is necessarily before the city council because the
statute authorizing the city to exercise these powers (Minn. Stat. 453A.08,
subd. 2) provides that the adoption of the powers should be "by resolution
of its governing body." Passage of this resolution will eliminate
any argument that the city did not use proper procedure in adopting the
powers. The reason an ordinance was used was so that the adoption
of the powers would be permanently published in the City Code for reference
together with a provision directing the director of finance to oversee
use of these powers.