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• October 28, 2024 — City Council Franchise Fees Ordinance & Agreement <br />• November 2024 — January 2025 — PUC review of Franchise Fees <br />• February 2025 — Implementation of Franchise Fees (aligns one year in advance of debt <br />service payment) <br />• Tentative May 15, 2025 — Cities Issuance of Bonds for LJFD Headquarters <br />• February 2026 — Debt Service Payment <br />Xcel Energy is the natural gas and electric service provider to properties in the City of Arden Hills. <br />Ordinance 2009-014, electric distribution and transmission franchise ordinance, and Ordinance <br />2009-015, the natural gas franchise ordinance, were approved by the City on November 30, 2009. <br />Both ordinances have twenty year terms that expire on November 30, 2029. City staff and the City <br />Attorney have been working with Xcel to prepare updated franchise ordinances for review. While <br />the franchise agreement is structured as an ordinance, it is legally considered a contract that requires <br />approval from both parties. <br />According to the League of Minnesota Cities, the primary purpose of these franchise ordinances is <br />to provide uniform provisions that incorporates the broad municipal statutory franchise rights that <br />exist in Minnesota Statues and rules from the Minnesota Public Utilities Commission (MPUC) into <br />an ordinance or agreement for each service. The franchise agreements also provide the City an <br />opportunity to negotiate and charge a franchise fee, which is discussed in further detail in the below <br />section. <br />It is important to note that the franchise agreements only apply to the use of public rights -of -way and <br />public property, which includes public roads, parks, and trails. Electric or gas lines that cross private <br />property are subject to the regulations in the underlying private easement. <br />Lastly, the City Council directed city staff to bring forward at the October 28th City Council regular <br />meeting, the necessary ordinances for implementation of electric franchise fees and associated <br />agreements. A public hearing is not required for ordinance adoption, the Council elected as part of <br />the process to allow an opportunity for public comment as part of this meeting. <br />Proposed Ordinances <br />The draft ordinances are based on the League of Minnesota Cities (LMC) model ordinance, updates <br />proposed by Xcel, and language provided by the City Attorney. While there is some flexibility in the <br />language of the ordinance, much of it is guided by existing Minnesota statutes and rules. <br />Existing Franchise Agreement Ordinances <br />Despite one ordinance being for electrical service (Attachment E) and the other for natural gas <br />service (Attachment F), the provisions of the two ordinances are nearly identical, with the exception <br />of that the proposed new franchise fee rates are included in the electric franchise agreement <br />ordinance under Section 9. Both ordinances are proposed to have twenty year terms which is the <br />same term as the existing agreements. <br />The City's existing gas ordinance is set to expire in 2029 and is being brought forward for renewal <br />to align with the two electric franchise agreements. There are no changes to the gas ordinance as the <br />City will not be imposing a franchise fee on gas utilities. <br />Page 3 of 4 <br />