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06-26-1989 HUCM1 1 Regular Meeting June 26, 1989 Commissioners Daggett, Lyke and Richards were present; also present were Mgr. K4drmas and Counsel Prochnow. President Daiggett called the meeting to order at 1:00 p.m. The minutes of May 30, 1989 regular meeting were reviewed. A motion was ade by Commissioner Lyke, seconded by Commissioner Richards to accept the minutes as written. Motion was unanimously carried. Commissioner's Beatty and Cornell arrived at 1:05 p.m. The May pay tiles for both entities were discussed. A motion was made by Commissioner Beatty, seconded by Commissioner Lyke to accept the Electric payables in the amount of $1,110,159.49 and gas payableE in the amount of $193,107.90 (detailed listing in payables bock). Motion was unanimously carried. A resolutioi motion was i Richards to Motion was i Mgr. Kadrma: attached) f After discu: seconded by of unit #9 , in the amour for Disposition of Securities was presented. A ade by Commissioner Beatty, seconded by Commissioner execute the resolution for Disposition of Securities. nanimously carried. presented his recommendation on bids (bid tabulation r the painting of unit #9 and associated buildings. sion, a motion was made by Commissioner Cornell, Commissioner Richards to award the bid for the painting nd associated buildings to Odland Protective Coatings t of $34,000. Motion was unanimously carried. Plans for parking lot replacement were reviewed. After discussion, a motion was made by Commissioner Beatty, seconded by Commissioner Cornell authorizing management to prepare specifications for parking lot replacement. Motion was unanimously carried. The Utilities Affirmative Action Plan (copy on file) was reviewed. After discu sion, a motion was made by Commissioner Beatty, seconded by Commissi ner Cornell to approve the Affirmative Action Plan and to submit the plan to the State. Motion was unanimously carried. The 1989 ye-, were reviewE by Commissi( Motion was ( r -to -date (thru May) financial and budget reports d. A motion was made by Commissioner Beatty, seconded ner Cornell to accept the financial and budget reports. nanimously carried. Manager's Report: 1. Updated the Commission on the Integrated Transmission Agreement. 2. A new employee, Scott Plakke, was hired to work for the electric distribution department. 3. Request for office renovation (replace carpeting and wallpaper, purchase carpeted room dividers, inventory bins and used pickup) was discussed. After discussion, it was decided to check for used equipment for inventory bins and to consult an office design specialist for assistance with office layout and color selection. Old Business: The employee handbook was reviewed. After reviewal, it was decided to print the final copy with changes and present the revised copy to the Commission for approval. A motion was made by Commissioner Beatty, seconded by Commissioner Lyke to approve the Utilities office hours as follows: Regular Hours 8:00 a.m. - 5:00 p.m. Monday thru Friday Summer Hours 7:30 a.m. - 4:00 p.m. Monday thru Friday (from Memorial Day to Labor Day) Motion was unanimously carried. Cost breakdown for 1988 audit by Charles Bailley & Company was discussed. After discussion, management was authorized to obtain quotes for Hutchinson Utilities 1989 audit. By -laws changes were reviewed. A motion was made by Commissioner Beatty, seconded by Commissioner Richards to approve the amended by -laws. Motion was unanimously carried. New Business: None There being no further business, the meeting was adjourned at 4:10 p.m. ATTEST E. Daggett, ident 1 Thomas B. Lyke, YC retary 1 1 41�nW,y /Mjr ohm PO $In 01 TREASURY DIRECT OW me 1W axwe 01.7 RESOLUTION FOR DISPOSITION OF SECURITIES FOR DEPARTMENT USE ACCOUNT NUMBER * 1" 0' d: — ft. Q B — t 4.16 7 ACCOUNT NAME H U T C H I N S N UTI`LITIE'S CQM,M`IS.S.I'toK 225 MLCH ��►,AN 5,T HUTCHFIt- � M� f :. DTHIS RESOLUTION IS IN EFFECT FOR ALL SECURITIES MAINTAINED IN THIS ACCOUNT. THIS RESOLUTION IS IN EFFECT FOR ONLY THOSE SECURITIES IN THIS ACCOUNT LISTED BELOW: SUB- SUB - CUSIP ACCOUNT PAR AMOUNT CUSIP ACCOUNT PAR AMOUNT - -''' �e .. ' b l..Lst -}jj Y':1.Cii '1.��JC'�. •LiYIMY�s, m.' 1 . r ._> w •`.3x L -. UDE THE NAMES AM TITLES OF MDMDUALB ANTHOPMD SY TMB RESOLUTION RESOLVED THAT- ene Da ett, President, or Theodore Beatty, Vice President KKARE AUTHORIZED TO EXECUTE TRANSACTION REOUESTS (INCLUDING CHANGING THE PAYMENT INSTRUCTIONS) WITF RESPECT TO THE SECLI RITIES DESCRIBED ABOVE. THESE SECURITIES ARE OWNED BY THIS CORPORATION © UNINCORPORATBD A"001ATION AND ARE HELD IN I X ITS OWN RIGHT ❑ A REPRIESOffATIVE OR PIDUCIARY CAPACITY Fx- WITH AUTHORITY TO APPOINT AN ATTORNEY -IN -FACT WITH AUTHORITY IN TURN TO APPOINT ONE OR MORE SUBSTI UTES. IT IS FURTHER RESOLVED THAT ANY ACTION TAKEN BY THE INDIVIDUALS LISTED ABOVE IS HEREBY RATIFIED. It I CERTIFY THAT THE OF: I FURTHER CERTIFY THAT IN FULL FORCE. SEAL OF THE ORGANIZATION I CERTIFY THAT THE AB( APPEARED BEFORE ME AND SIGNED THIS REOL OFFICIAL SEAL OR STAMP (SUCH AS CORPORATE SEAL, SIGNATURE GUARANTEED STAMP, OR ISSUING AGENTS DATING STAMP). 00 NOT SIGN TIME FORM UNTIL YOU ARE IN THE PRESENCE OF A CERTIFYING OFFICER. i IS A TRUE COPY OF A RESOLUTION ADOPTED AT A MEETING OF THE GOVERNING BODY NAME OF MEETING WAS DULY CALLED AND HELD AND THAT TIME RESOLUTION WAS DULY ADOPTED AND IS 2. DATE Daggett President TITLE (IF APPROPRIATE) s.� t,i .. :11 •1 REQUIRED ONLY IF ORGANIZATION'S SEAL IS NOT AFFIXED ABOVE. i) AS DESC ISED, WHOSE IDENTITY IS KNOWN OR PROVEN TO ME, PERSONALLY DAY OF 9�9' AT yYl 1r '° MONTWYEAR CITYMTATE SIGNATURE AND TITLE Q /CERTIFYING OFFICER NAME OF FINANCIAL INSTITUTION C17YATATE Fo (D (D GL [l� E r• rt z (D N D) (D T, H (D (D n Ln J 0 O Ul dP z Y• (D En (D In C) 0 H 0 Fj Ul W ON Ul n w (D ((A 7G'� `a• (D En U) d Fl- 0 rt (D (D (D 0 U) d ry W O O O Lil dP (D Fl- o (D F� a� 0 N J Ul dP a tr 0 E Lq N O 0 O Ul dP F- F- w ro a rt Y• w J rn O Ul dP C) rn Ln 0 O Ul dP z O H H c0 z z y H H z G) x a O H m n x z H C7 H bd O Ca H z G t7 N N p� H H 0 FA t•I t7 O N N d C: H H N Uri ttij • l0 Cn H m OD °z 0 n H O H M H d U1 En bd H C O H 1� r ty ;U H t� z G) 0 F� SECTION - located at 225 BY -LAWS OF HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA ARTICLE I Office of Commission 1 The office of the Hutchinson Utilities Commission is Michigan Street, Hutchinson, Minnesota. ARTICLE II Meetings SECTION 1 Regular meetings of the Hutchinson Utilities Commission will. be held at 1:00 P.M. on the last Monday of each month at the utility office. SECTION - 2 Special and emergency meetings of the Hutchinson Utilities Comatission may be called at any time by the President or by any two (2) Commissioners.to be held at the Commissioner's room or at such place or places as the Commissioners may from time to time designate. SECTION - 3 Notice of all special and emergency meetings of the Hutchinson Uti ities Commission shall comply with public meeting laws and each Commissioner shall be notified by telephone or by letter. SECTION - 4 A majority of the Commissioners shall constitute a quorum for the transaction of business, and the votes of a majority of the Commissioners present, shall be sufficient to adopt any motion or resolution. The votes of members on any action shall be taken by ayes and nays and recorded in the minutes. ARTICLE III Commissioners and Employees SECTION 1 The Hutchinson Utilities Commission, by resolution, shall appoint a General Manager and such other employees as it shall deem necessar , who shall hold their offices for such term and shall exercise such owers and perform such duties as shall be determined from time to time b the Commission. SECTION - 2 The Hutchinson Utilities Commission, upon recommendation of the General Manager and the filing of applications, shall appoint all staff employees of the Hutchinson Utilities. SECTION - 3 Each member of the Hutchinson Utilities Commission shall be ent'tled to be reimbursed for his actual and necessary traveling and otel expenses incurred whenever it shall be necessary for him to travel utside the City of Hutchinson in carrying out his duties, which travel m y be required of him by law or by vote or resolution of the Commission. The compensation of members and amounts due them as reimbursement for expenses shall be paid at the end of each month upon itemized statements duly verified. SECTION - 4 Any officer, agent or employee elected or appointed by the Commission y be removed at any time by the Commission. SECTION - 5 The salaries of all officers, agents and employees of the Commission shall be fixed by the Commission. SECTION - 6 The President shall preside at all meetings at which he is present. He shall make such reports to the Council as are required of the Commission and shall perform such other duties as are incident to his office or are properly required of him. SECTION - 7 The Secretary shall sign, execute or acknowledge with the President, all instruments authorized by the Commission and shall perform such other duties as prescribed from time to time by the Commission or as are incident to his office. SECTION - ARTICLE IV Appointive Officers of Hutchinson Utilities Commission 1 General A. The General Manager shall be the chief executive officer of Hutchinson Utilities Commission. He /she shall be chosen by the Commissior on the basis of their executive and administrative qualifications for the supervision and direction of all operations and business of Hutchinson Utilities properties. All other things being equal, the Commission shall appoint as General Manager a person with experience in construction, operation and management of public utilities. No member of the Commission shall, during the time for which appointed or within two (2) years thereafter, be chosen as General Manager. In case of absence or disability of the General M nager, the Commission shall designate an appropriate replacement to perform the duties of the office during such absence B. or disability. The General Manager shall have full charge and control of the construction of all work under the jurisdiction of the Commission, the maint nance and operation thereof, and the administration of the business affairs of the Commission. The powers of the General Manager shall be: 1. To see that these By -Laws and all rules and regulations of the Commi sion are enforced. 2. To se that the operation, construction and maintenance of the Hutch nson Utility properties conform to all provisions of the City Charter. 3. To se that all supplies and material are purchased according to the policies on purchasing. 4. To at end all meetings of the Hutchinson Utilities Commission, to s mit reports of the affairs of the Hutchinson Utilities Commission and to participate in the discussion of all matters coming before the Commission. 5. to keep the Commissioners advised as to the financial condition and future needs of the department, and to prepare and submit an an ual budget, and to furnish quarterly budgets to the Commi sion. 6. To prepare or cause to be prepared, all plans and specifications for the construction of the works of the Commission. 7. To devote his entire time to the business of the Commission. 8. To prepare or have prepared for presentation to the Commission for is consideration, approval, rules and regulations as follo s: a. b. C. formation and requirements for electrical service. formation and requirements for Natural Gas service. nagement policy in relation to employees compensation. d. 9. To may SECTION 2 ' prescribed f. Commission. A. A. zual of accounting instructions. form such other and additional duties as the Commission duties of all other appointees and employees shall be i time to time by the General Manager with approval of the ARTICLE V Certain Rules, Regulations and Procedures of Hutchinson Utilities Commission SECTION - 1 ACCOUNTING The books and accounts of the Commission shall be kept in so far as practicab a in conformity with the uniform system of accounts as prescribed by the Federal Energy Regulatory Commission and so as to facilitate the annual reporting of all transactions of the Commission funds. 1. The present value of the electric system shall be taken as the actual historical cost of the property in use and useful in the produc ion and distribution of electrical energy. 2. The p sent value of the Natural Gas system shall be taken as the actual historical cost of the property in use and useful in the distribution of Natural Gas. SECTIO - 2 RATES General - The Commission shall fix rates for electrical energy and Natural Gas service to the ultimate consumer without discrimination between consumers of same class, and no rate shall be charged or practice dopted which will grant a discriminatory rate, rebate or other ape I ial concession to any consumer served by the Hutchinson Utilities Commission. It is specifically understood that the City is a consumer within the meaning of this section and further it is specifica ly understood that the Natural Gas division is a consumer of the el I ctric department within the meaning of this section. B. Electric Rates - The Commission shall fix such rates for C. electrici y furnished to consumers as will secure revenues sufficien to pay all salaries and wages of all officers and employees in the electric department; to cover the cost of all material and supplies used in the operation of the plant; to cover the cost f all repairs; to cover all miscellaneous expenses; to pay all i terest charges upon all indebtedness of the Commission created f r the purpose of purchasing, improving or extending the electric ystem, to provide for a contribution to the City in lieu of taxes, and to provide a sinking fund sufficient for the purpose of paying off such indebtedness at maturity and establish restricted funds based on good business judgement. Natural Ga Rates - The Commission shall fix such rates for Natural Gas furni hed to consumers as will secure revenues sufficient to pay all s laries and wages of all officers and employees in the Natural G s Division; to cover the cost of all repairs; to cover all misce laneous expenses; to pay all interest charged upon all indebtedne s of the Commission created for the purpose of purchasing improving, or extending the Natural Gas system, and to provide a sinking fund sufficient for the purpose of paying off such inde tedness at maturity and establish restricted funds based on good b siness judgement. SECTION - 3 Electric Rules and Regulations The Commission shall adopt and amen , from time to time, rules and regulations pertaining to electric servi a to consumers and customer relations. SECTION - 4 Natural Gas Rules and Regulations The Commission shall adopt a d amend, from time to time, rules and regulations pertaining to atural Gas service to consumers and customer relations. SECTION - 5 Policy as to Employees The Commission shall adopt and amend, from tine to time, rules and regulations in respect to labor and employment policy. In the selection of staff employees, information shall be submitted to the Commission prior to consideration for employment by t e Commission. f APPLICATICON OF BY -LAWS In the event that any provision of these By -Laws is or may be in conflict with any law of the United States, of the State of Minnesota, of the City Charter of Hutchinson, Minnesota, or of any other governmental ody or power having jurisdiction over this Commission or over the sub ect matter to which such provisions of these By -Laws applies or y apply, such provision of these By -Laws shall be inoperative t the extent only that the operation thereof unavoidably conflicts with such law and shall in all other respects be in full force and effect. Resolved that herewith adop- Commission sha June 26, 1989. Secretary these By -Laws dated June 26, 1989 are on file and are ted. That from this date the Hutchinson Utilities 11 operate and be governed by this set of By -Laws dated President