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<br />. UTILITIES .
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<br />412.321 MUNICIPAL UTILITIES. / I ,
<br />Subdivision 1. Authority to own and operate. Any statutory city may own and ope~te
<br />any waterworks, district heating system, or gas, light, power, or heat plant for supplymg Its
<br />own needs for utility service or for supplying utility service to private consumers or both. It
<br />may construct and install all facilities reasonably needed for that purpose and may lease or
<br />purchase any existing utility properties so needed. It may, in lieu of providing for the local
<br />production of gas, electricity, water, hot water, st7~' or heat, purc~ase the same v:holesale
<br />and resell it to local consumers. After any such utility has been acqurred, the councll, except
<br />as its powers have been limited through establishment of a public utilities commission in the
<br />city, shall make all necessary rules and regulations for the pr?tec~o.n, maintenance, opera-
<br />tion, exterision, and improvement thereof and for the sale of Its utility products.
<br />, Subd. 2,1 Vote on' establishment.. No gas, light, 'power, or heat utility shall be
<br />constructed, purchased, ~r leased until the proposal to do s? has be:en submi~ed to the voters
<br />at a regular or special election and been approved by fi ve-eIghths of those vOting on the prop-
<br />osition. Such proposal shall state whether the public utility is to be constructed, purchased, ~r
<br />leased and the estimated cost or the maximum amount to be expended for that purpose. This
<br />proposal and a proposal to issue bonds to raise money the~e:?r may be sub~tte~ c:ither seI?a-
<br />rately or as a single question. The proposal for the acqUlSItiOn ?f the pu!>li~ u~ty may m-
<br />clude authority for distribution only or for generation or production and distn~ution of a ps:-
<br />ticular utility service or group of services. Approval of the voters shall be obtamed under this
<br />section before a city purchasing gas or electricity wholesale and distributing it to consumers
<br />acquires facilities for the manufacture of gas or generation of electricity .unless the vot,ers
<br />have, within the two prev.ious years, apPr<?ved a proposal for both generation or producti~n
<br />and distribution." <. "'. . ,'. :: '.. ;
<br />Subd. 3. Extension beyond limitations. Any city may, except as otherwise restricted
<br />by this section, extend any such public utility outside its limits and furnish service to cons um-
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<br />4Ji321 :STATUfORY Cl'l1ES
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<br />ers hi sucliarea at such rates arid upon such terms as the council orutility,coID.D;l.ission, if th.ere
<br />is'one; shall determiiie; but no such extension shall be made into any ~corpQra~dplu~cipa\7
<br />ity Witli~ut its c9i1serit'The sale of electricity, other than surplus, outside tbe limits Qf the c.i~
<br />shallbe subjectto the restrictionof:section !45529.:;~;j(i "'~:!r. > ii:"W'~,i",.:'~;; ~:';1 ~I:: ,"~l":;~:
<br />. n r'. ,( Subel: 4;: Le8S~ Sale;o-r:abandoDment Any such 'utility m~y be;}eaSe9; sold, or its op-
<br />ef.a~on.di~ontiDu~a ~~?qy"o~in part, by or~an.ce o~resolu?on of~e c~un~il; 'appf?ved by
<br />two:-th:irdS ofthc'electors voting' on the ordinllnce or resolution at a general' or Special eleco:.
<br />tlon:'If the utilitY.~iS'i,irider the'juiisdiction of a public utilities commission; the'ordinance or
<br />!'e'soluppii !>hall be 'coIi~wream by the public' utilities coinmilision. Su~h action may be taken
<br />With reSpect to Wiyspecific.p'atrofthe'utility;which paifshall be named in the ordinance or
<br />. resolution; but it shall not be necessary to submit the ordinance or resolution to the voters in
<br />such caSe:if the action propos~d will notresult in depriving ~y ~ustome:r in~idC? ~~ ~~rporate .
<br />limits of any type of municipall1tility service available.before th,e, s~e, !ease pi pisconti,nu-
<br />ance of operation .. ..~ h . "'. . ; ',.. .' '''. ,....... .':-
<br />:,~; History: 19~9c 1;9's"39-42,: 1955'c~6~s'j;'l~6Yc /i5~.~ti973li2i::t~ 2'1'~;:'
<br />,subd2; 1981 c334s2; 1986c444 ., ....' '. .' : ':,;~:';';';If~';h:;';""ri-
<br />~i2:3klRepeai6d '1949;c 119 's~lio]'/~{"r~~.,.! ~ ,jj':;-;. ,,<.: '.,: 'Iii,' h(j';Q;'; ;'~,.: t' '.
<br />.~,..L :..I,~""i'.lf" ....:~!. J/~/.L~:~~v.<\.n'J:.r:':'~~., ~J/J"\q.';.)..~-,,:.j t)!...~'F':(}:': .;~~;1: ~!! ~~!'~..;j,:...;::~' ':1';':"', ;. ~c.:J
<br />f;i2331\ESTABLISHMENT OF COMMIsSI()N.'. : .:>"A<(:"'~:';' '," , . .... "..,,:,
<br />l".'U_'.-'~ v.~, i ..I......... .';';\'1;,'.;: ''';~;.~..:.....~.~. : IJ-' .:r[;....-.'J...);....,;".~..'t..,.....~.: ......1, ",' .. .;.
<br />. ,':,:; -MY. ~taID;tory CIty may by:.ord!itance expressly accepting~e proVISIOns of sections
<br />412.33100,412.391 establishipublicutilities coInmission with the powers and duties setout
<br />~ tho~e .SeCtions. Any water, light; p<5~er 'and building 'corrlnllssion now i~ .existence m any
<br />statutory city shall hereafter operate' as a public utilities commission under sections 412.321
<br />t0412.39~.;, ,";' '. -J " .' '. " " " ~', ....'..' ';":<".:,::~;':;'~: "~"" ':,'
<br />History: '1949 c 119's 43; 1973 c'123 art 2's 1 subd'2 . ~~. ., ,J .,'
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<br />412.34 [Repealed, 1949 c 119 s 110] : ':
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<br />412.341 COMMISSION; MEMBERSHIP, ORGANIZATION.
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<br />. Subdivision 1. Membership. The commission shall consist of three members ap-
<br />pointed by the council. No more than one member may be chosen from the council member-
<br />ship. Each me~ber shall serve for a term of three years and until a successor is appointed and
<br />qualified except that of the members initially appointed in any city, one shall serve for a term
<br />of one year, one for a term of two years, and one for a term of three years. Residence shall not
<br />'be a qualification for memJ>ership on the commission unless the council so provides. A va-
<br />cancy shall be f1lled by the council for the unexpired term. ' .
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<br />., Subd. 2. Rules; officers, salary. The cominission shaH adopt 'ruleSfor its own proceed-
<br />ings which shall provide among other things for at least one regular meeting by the commis-
<br />sion each month. It shall annually choose a president from among its own members. It shall
<br />also appoint a secretary for an'indefmite term. The secretary need not be a member of the
<br />commission and may be the city clerk. No member of the commission shall receive a salary
<br />except as fIxed by the council. The secre~. shall receive a salary fIxed by the commission.
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<br />History: 1949 c 119 s 44; 1951 c 378 s 12; 1973 c 123 art 2 S 1 subd 2; 1986 c 444
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<br />412.35 [Repealed, 1949 c119 s 110] .
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<br />412.351 COMMISSION, JURISDICTION. ,,' ,
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<br />The council shall, in the ordinance establishing the commission, decide which of the
<br />following public utilities shall be within the commission's jurisdiction: (1) the city water sys-
<br />tem; (2) light and power system, including any system-then in use or later acquired for the
<br />production and distribution of steam heat; (3) gas system; (4) sanitary or storm sewer system
<br />or both; including the city sewage disposal plant; (5) public buildings owned or leased by the
<br />city; (6) district heating system. As used subsequently in sections 412.351 to 412.391, the
<br />term "public utility" means any water, light and power, gas or sewer system, or public build-
<br />, ings thus placed by ordinance under the jurisdiction of the public utilities commission. Any
<br />public utility not placed under the jurisdiction of the public utilities commission by the ordi-
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