01-0095R

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.

BY COUNCILOR ECKENBERG:

        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.


STATEMENT 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.