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HomeMy WebLinkAbout2016-01-27 CC Packet - **REPLACEMENT** CITY OF CENTERVILLE COUNCIL MEETING AGENDA terv&7affEstaNished 18;7 Wednesday, January 27, 2016 6:00 p.m. or shortly thereafter COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. PUBLIC INPUT/HEARING 1. None. IV. APPOINTMENTS/PRESENTATION 1. None. V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. January 13,2016 City Council Meeting Minutes (Pages 1-12) VII. CONSENT AGENDA 1. City of Centerville January 14,2016 through January 27, 2016 Claims (Check #29982-29998) (Page 13) 2. Centennial Lakes Police Claims through January 14, 2016 (Check#10668-10702) w/Check#10667 Voided) (Page 14) VIII. OLD BUSINESS 1. Ordinance #75, Second Series—Franchise Agreement—Xcel Energy - Gas (Pages I5-22) 2. Ordinance#76, Second Series—Franchise Fee—Xcel Energy- Gas (Pages 23-25) a. Ordinance#75 &#76, Second Series Summaries 3. Ordinance#77, Second Series—Franchise Agreement—Connexus Energy- Electricity (Pages 26-33) 4. Ordinance #78, Second Series—Franchise Fee—Connexus Energy -Electricite (Pages 34-36) a. Ordinance#77 & #78, Second Series Summaries 5. Ordinance#79, Second Series—Franchise Agreement- CenterPoint Energy- Gas (Pages 37-43) 6. Ordinance#80, Second Series—Franchise Fee—CenterPoint Energy— Gas (Pages 44-47) a. Ordinance#79 & 80, Second Series Summaries 7. Ordinance #81, Second Series—Franchise Agreement—Xcel Energy-Electricity (Pages 48-55) 8. Ordinance#82, Second Series—Franchise Fee—Xcel Energy-Electricity (Pages 56-58) a. Ordinance #81 & 82, Second Series Summaries -7-.9. Centennial School District#12/Centerville Elementary School Parking Lot(Page 4359) 8:10. Res.#16-OXX—Fee Schedule 2016 (Should have been Ord. #84-83, Second Series) (Pages 60-75) IX. NEW BUSINESS 1. None. X. COUNCIL &ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson a. Security Training XI. ADJOURNMENT *REMINDERS** Planning&Zoning Commission Meeting—February 2, 2016, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting—February 3, 2016, 6:30 p.m. (Council Chambers) City Council Meeting—February 10, 2016, 6:30 p.m. (Council Chambers) City Council Meeting—February 24, 2016, 6:30 p.m. (Council Chambers) Parks &Recreation—February 6, 2016 - Family Skate Night, LaMotte Park(Hayrides 6:30 p.m. —8:30 p.m.,popcorn, hot cocoa and bonfire(6:30 p.m. —9:00 p.m.) Centerville Lions Ice Fishing Contest—February 20, 2016, Centerville Lake,Anoka County Boat Launch, 11:00 a.m.—2:00 p.m. (Weather Dependent) "CANCELLED" Shake Your Shamrock 5K, 8K& Kid's 1/3K Walk/Runs—March 12, 2016, Kelly's Korner, 7:00 a.m.— 1:00 P.M. Fete des Lacs—August 5, 6 & &, 2016 Out Run Homelessness 5K, 8K&Kids Run/Walk—October 1, 2016, LaMotte Park, 7:00 a.m.—9:30 a.m. CITY OF CENTERVILLE CITY COUNCIL MEETING January 13,2016 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 13, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Not Approved ABSENT: Council Member Jeff Paar STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING The Mayor opened the public hearing at 6:32 p.m. 1. 2016 Mill &Overlay Project Special Assessments Engineer Statz explained to the Council and audience that this public hearing is the second of two which are required by state statute with the first public hearing addressing the improvement and the second in regards to special assessments associated with the project. Engineer Statz stated that the City has completed two similar projects in 2014 & 2015 as a replacement for sealcoating/road maintenance which many residents are familiar with. Benefited properties would be assessed $550 for a 1" overlay and those receiving a 2" overlay (Mill Road) would be assessed $750 except for one business. Engineer Statz discussed how corner lots would be assessed and explained that in the past benefiting properties with driveways abutting the roadway have been assessed. Engineer Statz explained that one home, 7254 Mill Road, which is an oversized lot with one parcel number that has been previously assessed for a similar project along its side yard is included in this assessment roll because it is receiving the project along the front yard and questioned how Council desired to address this one. Engineer Statz stated that construction would commence in 1 City of Centerville Council Meeting Minutes January 13,2016 early June, weather dependent. Engineer Statz commented that the Public Works Staff would be adjusting structures in July with the final lift of asphalt in early August. City Attorney Glaser stated that residents have an opportunity to contest the assessments if they desire to do so here at the public hearing, sign the sign-in sheet and file an appeal to the district courts within 30 days. City Attorney Glaser explained that residents must file a written objection with the City and had an opportunity to complete that this evening. Mr. Chris Sawyer, 6881 Deer Court, stated that he was unable to attend the first public hearing regarding the project and was unaware of the scope of the project. Mr. Sawyer stated that he felt that his property taxes were large enough to cover the costs of the project, hoped that the City had completed the bid process and felt the roadway needed the maintenance. Engineer Statz stated that all Chapter 429 projects along with projects that costs exceed a specific threshold require the bid process, nine bids were received and the low was less than $2,000 a part. He stated that the bids were competitive. Engineer Statz noted that Mr. Sawyer's roadway would receive a 1"overlay and his proposed assessments would be $550. Council Member Love stated that the City decided several years ago that a thin mill and overlay would replace the City's previous road maintenance of sealcoating due to evidence provided by the industry. Staff noted that it prolonged the life of the roadway and was more economical and less intrusive to residents. Council Member Love also stated minimal curb replacement would be completed and sloping of the new asphalt would ensure proper runoff. Council Member Love added that residents are only being charged 25% of the costs of completing the project with the City bearing 75% of the costs. Council Member Love stated that the Public Works Staff has been assisting in the projects decreasing costs to both the City and benefiting properties. Council Member Fehrenbacher stated that Council has chosen to be proactive regarding maintaining roadways with the mill and overlay program rather than ignoring the roadway until such time that a full reconstruction, ponding and raingardens are needed which would increase the costs to benefiting property owners substantially. Engineer Statz stated that MNDOT research is in favor of mill and overlay instead of sealcoating because it provides more life expectance to the roadway. Public Works Director Palzer also believes this approach. Mayor Wilharber stated that the pea sized rock used in sealcoating is prone to be tracked into homes, garages and small children can get injured if they fall in the roadway. Mayor Wilharber stated that Council has determined that they desire to provide this time of maintenance rather than sealcoating. Mr. Jon Grahek, 6970 Meadow Circle, stated that he and his family have lived in Centerville since 1999. He knew that taxes were and this is the first time he has been assessed and suggested that he would rather pay more a year and have his tax dollars set aside for future projects. Mr. Grahek felt that the letter that he received gives him little to no time to plan and budget for the $550 expense. Mr. Grahek also commented that the storm drains on Meadow Lane were too low and vehicle traffic is driving around them. He hoped that the roadway would be completed correctly. Page 2 of 12 2 City of Centerville Council Meeting Minutes January 13,2016 Engineer Statz stated that Staff has adjusted many manholes and structures associated with the previous projects, thought that all had been completed by Staff and would ensure that all structures would be level with the roadway unless they needed to be lowered for drainage. Mayor Wilharber stated that a resident had contacted him from 6872 Deer Court questioning the assessment, project and property taxes. Mayor Wilharber stated that he explained the project and discussed the work to be completed and Council's budgeting for road maintenance. Engineer Statz stated that residents would have an opportunity to pay the assessment in full without incurring interest by a set date chosen by Council this evening, residents would be given an opportunity to pay assessments with accrued interest through November 15 without it being certified to their property taxes. Engineer Statz also stated that once the assessment is certified to the County residents have an opportunity to pay in full with interest accrued through the end of the year in the year that they make payment. Council Member Love stated that his road was completed last year and he is satisfied with the work and the assessment. Jacob Olson, 1982 Cardinal Drive, questioned whether the contractor could pave his driveway at the same time as the project. Engineer Statz stated that this has been the practice of some contractors in the past. The work would be a private agreement between the homeowner and contractor and Mr. Olson could contact the awarded bidder if he wished to secure their services for that purpose. Council Member King questioned whether special assessments are tax deductible. Both Engineer Statz and Legal Counsel Glaser stated generally no. Mayor Wilharber closed the public hearing at 6:51 p.m. Mayor Wilharber opened the public hearing at 6:52 p.m. 2. Ordinance#75, Second Series—Franchise Agreement—Xcel Energy; Ordinance #76, Second Series — Franchise Fee — Xcel Energy; Ordinance #77, Second Series — Franchise Agreement — Connexus Energy; Ordinance #78, Second Series — Franchise Fee—Connexus Energy; Ordinance#79, Second Series—Franchise Agreement—CenterPoint Energy; Ordinance #80, Second Series — Franchise Fee — CenterPoint Energy; Ordinance #81, Second Series — Franchise Agreement — Excel Energy; and Ordinance#82, Second Series—Franchise Fee—Excel Energy Purpose of funding the street maintenance program and importanat work with individually with all utilities. Staff did schedule under state statute public comment with franchise providing additional funding for street maintenance program. Administrator Ericson stated that the draft ordinances contained in the packet were for review processes only and numerous suggestions have been provided by Engineer Statz that will be Page 3 of 12 3 City of Centerville Council Meeting Minutes January 13,2016 discussed later. Administrator Ericson stated that Ms. Collete Jurek, Manager — Community Relations & Economic Development for Connexus Energy was present if questions arose. Subsequent to audience comment, none—Mayor Wilharber closed the public hearing at 6:54 p.m. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims through January 13,2016 (Check#29971-29981) under Consent Agenda. Administrator Ericson stated that Item X. Council & Administration Announcements 1. Administrator Ericson Item b. incorrectly stated January 24, 2016 instead of January 27, 2016. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Agenda as presented. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. December 9,2015 City Council Meeting Minutes Motion by Council Member Love, seconded by Council Member King to approve the December 9, 2015 City Council Meeting Minutes as presented. All in favor. Motion carried. 2. December 16, 2015 Special City Council Meeting& Closed Executive Session Minutes Motion by Council Member Fehrenbacher. seconded by Council Member King to approve the December 16, 2015 Special City Council Meeting & Closed Executive Session Minutes as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville December 10,2015 through January 13,2016 Claims (Check#29917-29970) W/Void Check 29946& (Check#29971-29981) 2. Centennial Fire District Claims through December 30,2015 (Check#7234-7263) w/Check#7247-7250 Payroll& Voided Check#7139,7247-7250 & 7236 3. Centennial Lakes Police Claims through December 29, 2015 (Check#10628-10666) 4. Parks & Recreation Committee Recommendation to Work w/Centerville Lions Purchase & Dedication of Park Bench (Hidden Spring Park,Mel& Joyce Dupre) 5. Accept Donation from Dead Broke Saddle Club—Parks & Recreation Page 4 of 12 4 City of Centerville Council Meeting Minutes January 13,2016 6. Successful Performance Review, Completion of Year 17, City Clerk,Ms. Teresa Bender Mayor Wilharber requested a correction to Item#4, stating that it should be Trailside Park rather than Hidden Spring Park and requested that Item#6 be pulled from the Consent Agenda for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve Items#1-5 of the Consent Agenda with the above note modification as presented. All in favor. Motion carried. Mayor Wilharber desired to recognize Ms. Bender for her years of service stating that she is the second longest standing member of Staff currently with several other members just slightly behind her. Motion by Council Member Fehrenbacher.seconded by Council Member Love to approve Item#6 of the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. 2016 Mill& Overlay Project a. Res.#16-OXX—Adopting Special Assessments on 2016 Street Mill& Overlay Improvements Additional discussion ensued regarding corner lots, benefiting properties, past policy regarding mill and overlays versus full reconstruction regarding corner lots and assessment, the assessment of 7254 Mill Road previously (2014 Mill & Overlay Project) and inclusion on this assessment roll. Engineer Statz stated that at the Council's public hearing on the improvement Mr. Joseph Meath, 7246 Mill Road, questioned corner lots, assessments and felt that being that he had previously been assessed he should not be assessed for the mill and overlay. Engineer Statz stated that Mr. Meath was previously assessed for a full road reconstruction along Prairie Drive versus a mill and overlay. Engineer Statz stated that with the previous road reconstruction project, Mr. Meath was referring to his assessment which was based on a corner lot and the assessment was calculated per the assessment policy ($2,734.88 = 100% of abutting frontage on Prairie Drive). Engineer Statz stated that this project is not a full reconstruction and road maintenance along Mill Road which Mr. Meath's driveway and home fronts. Council Member Love questioned whether Council was comfortable with the amount of$550 for the 1" mill and overlay and $750 for the 2" mill and overlay as last year he believe the fee was $525 for the I". Council Member Fehrenbacher stated that Mill Road was never brought up to standards and the additional two hundred dollars was well below cost and a good value. Engineer Statz stated that there is one business affected by the mill and overlay project along Mill Road and the proposed assessment is $1,128. Engineer Statz stated that the calculation is Page 5 of 12 5 City of Centerville Council Meeting Minutes January 13,2016 based on existing assessment policy with 191 feet of abutting frontage on Mill Road similar to a residential property. _Motion by Council Member Fehrenbacher, seconded by Council Member King to approve Res. #16-001 —Adopting Special Assessments on 2016 Street Mill& Overlay Improvements along with its assessment roll excluding 7254 Mill Road. Council Member Love stated that he disagrees with the handling of assessments associated with street maintenance, supports the street maintenance program and importance of keeping the roadways in good condition, struggles with increasing taxes but also understands first hand in seeing and benefiting from the mill and overlay project. Discussion ensued regarding the benefits from the street maintenance project, added roadway life expectancy, future funding, increasing taxes, inability to deduct assessments versus property tax deduction and justification for assessment/benefiting properties. All in favor. Motion carried. b. Res. #16-OXX—Accepting Bid for Construction of Improvement Engineer Statz stated that if Council desired to move forward with the project, they would need to accept and award the bid per the presented resolution. Engineer Statz stated that Knife River Corporation—North Central was the lowest bidder at$233,440. Engineer Statz stated that he felt that Knife River was responsive and responsible. Motion by Council Member Fehrenbacher, seconded by Council Member Love to adopt Res.#16-002—Accepting Bid for Construction of Improvement as presented. All in favor. Motion carried. 2. Ordinance#75, Second Series—Franchise Agreement—Xcel Energy; Ordinance #76, Second Series—Franchise Fee—Xcel Energy a. Ordinance#75 &#76, Second Series Summaries 4. Ordinance#77, Second Series—Franchise Agreement—Connexus Energy 5. Ordinance#78, Second Series—Franchise Fee—Connexus Energy a. Ordinance#77 & #78, Second Series Summaries 6. Ordinance#79, Second Series—Franchise Agreement—CenterPoint Energy 7. Ordinance#80, Second Series—Franchise Fee—CenterPoint Energy a. Ordinance#79 & #80, Second Series Summaries Page 6 of 12 6 City of Centerville Council Meeting Minutes January 13,2016 Administrator Ericson stated that Council desired to schedule a public hearing for this meeting and staff completed that task. Administrator Ericson also stated that staff has spent an extensive amount of time working on the presented draft ordinances. Engineer Statz and Legal Counsel Glaser reviewed with Council several concerns that they felt Council needed to address which would affect the draft agreements and they are as follows: • Bonds/Insurance Staff felt that some form of surety (a bond or letter of credit) should be issued by the utility(ies) when working within our right-of-ways to protect the City against damage to infrastructure and require timely repair. Staff also suggested requiring a certificate of insurance for similar reasons. Utility(ies) position is that bonds and other surety are unnecessary expenses and that the City is protected by the franchise agreement(s) and state law which require the utility(ies) to repair damaged infrastructure along with the Public Utilities Commission and/or Office of Pipeline Safety if unresolved issues are not remedied and have the ability to intervene on the City's behalf. Council felt that the City was protected by the Public Utilities Commission and/or Office of Pipeline Safety and concurred that a bond, letter of credit or security was not needed. • Abandonment of Facilities Staff felt that language should be included in the ordinances that require removal of abandoned facilities if and when the City reconstructs roadways above their facilities. Utility(ies) position is that the agreements general stated that they will remove abandoned facilities if they are in the way of the current project. Council questioned the probability of this and staff replied not often and reminded Council that the agreements are for a 20 year term. Council felt that sufficient language was already contained in the agreements to ensure removal if hindering our infrastructure,but if Staff desired it would be taken into consideration. • Location of Facilities Staff felt that language should be included to allow the City's standards and policies to guide the placement of utilities in the right-of-ways. Utility(ies)position is that they do not wish to have the City dictate the location of their facilities. City Attorney Glaser stated that if the City desired to adopt an ordinance dictating the location of facilities they could but currently have nothing in place. Council thanked Staff for their proactivity. Engineer Statz stated that the City has not experienced an issue in the past. Council felt that discussions could take place between the Page 7 of 12 7 City of Centerville Council Meeting Minutes January 13,2016 entities when construction was occurring and it behooves the utility(ies) to remove their abandoned facilities and work with City's when construction occurs. Council felt that an ordinance should be looked at in the future. • Advance Notice of Projects Staff position is to rely on current law which requires us to hold at least one Preliminary Design Meeting and a Preconstruction Conference to give utilities advanced notice of projects. Utility(ies)position is that they would like more specific language about advanced notification. Engineer Statz stated that staff has a good relationship with the utilities, that law addresses the issue but the utility(ies) desire something more lax than state law. Engineer Statz and Legal Counsel Glaser felt that the utilities have lobbyists to modify laws and they desire things in their favor. Attorney Glaser stated that the utilities have many franchise agreements with many cities and it is in their interest to have consistency with them for ease of compliance and substantial modifications to the agreements make it difficult for them. Attorney Glaser states that the utilities are successful partners with the cities and are regulated by bodies which take public input very seriously and they have a strong incentive to remedy situations that may arise. Mayor Wilharber stated that the agreements remain in draft form and discussions will continue to take place with new agreements being anticipated for Council's next meeting. Motion by Council Member Fehrenbacher, seconded by Council Member King to table VIII. New Business Items #2-7 to Council's next Regularly Scheduled Meeting. All in favor. Motion carried. 8. Centennial School District#12/Centerville Elementary School Parking Lot Administrator Ericson stated that Mayor Wilharber and Council Member Fehrenbacher met with two members of the school board (Chair, Vice Chair, Dan Hoffinan - Business Manager & Superintendent Dietz). The Mayor and Council Member Fehrenbacher shared the City's vision for the downtown and the School District shared their vision for enlargement of their parking lot, student/staff safety and future expansion of additional classrooms. Council Member Fehrenbacher stated that the District is not looking at purchasing or proceeding with eminent domain actions on any other properties between Centerville Road and Progress Street. Council Member Fehrenbacher also stated that he believe that court proceedings for the eminent domain of 1709 Main Street commenced the following day. Council Member Fehrenbacher reported that the District is disappointed with the City's downtown redevelopment plans and their lack of involvement with the plans. Council Member Fehrenbacher stated that discussions ensued regarding the possibility of utilization of the school's existing parking lot for City functions (festival, farmers market and downtown parking) allowing for additional funding Page 8of12 8 City of Centerville Council Meeting Minutes January 13,2016 that the District would have available for the purchase of the property rather than proceeding with the eminent domain and removing the property from the tax base. Attorney Glaser stated that the court will issue an order and if that order allows for the eminent domain the property can never return to the tax base and is considered public land, tax exempt. Attorney Glaser stated that the process could happen quickly or just slightly under 90 days. Discussion ensued regarding the use of taxpayer money, eminent domain for a public purpose, future downtown redevelopment, importance of high visibility location, value of the property versus purchase price, District's ability to feel secure with the City. Mayor Wilharber stated that the item is purely information and no action was needed. 9. Official Letter of Termination of Purchase Agreement—Ruffridge Johnson Mr. Lou Suski, Gaughan Company, stated that the City has received official purchase agreement termination notice. Mr. Suski stated that the buyer of Ruffridge Johnson's existing Minneapolis buildings were unable to obtain financing and have terminated their purchase agreement. Mr. Suski also stated that as Council is aware their agreement was contingent upon the selling of their existing property. Mr. Suski also stated that Ruffridge Johnson has requested to enter discussions to reinstate the purchase agreement on mutually acceptable terms. Mr. Suski reported that he would not recommend tying the property up for a lengthy period of time(1 year, April, 2017) as others may be interested and he would be disappointed if another offer were to become available, however, if a guarantee and not refundable earnest money were involved Council may desire to consider. Discussion was had by Council regarding when the market would be becoming active again, shovel ready designation, election year and other driving factors to the market place such as stock market and gas prices. Motion by Council Member Kinn, seconded by Council Member Love to not renew the purchase agreement on mutually acceptable terms. All in favor. Motion carried. Mr. Suski reported that the market should be picking up again within the next few weeks. IX. NEW BUSINESS 1. Res. #16-OXX—2016 Fee Schedule Administrator Ericson stated that the presented 2016 Fee Schedule does not include fee increases except for a slight increase in water meter costs. Discussion ensued regarding selling of water meters to homeowners when the water meter remains with the home. Administrator Ericson stated that the water meter is contained in the Page 9 of 12 9 City of Centerville Council Meeting Minutes January 13,2016 building permit and then becomes a part of the home. He explained that generally the contractor pays for the building permit. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt Res.#16-OXX—2016 Fee Schedule as presented. All in favor. Motion carried. 2. Res. #16-004—2016 Appointments Administrator Ericson stated that he is looking forward to the upcoming year and staff would adjust accordingly to modifications desired by Council. Mayor Wilharber requested that the address of the Centennial Fire District Steering Committee meetings be modified to something other than the Lino Lakes location and the Rush Line Corridor meetings be modified to the Maplewood Community Center, 2100 White Bear Avenue, Maplewood. Motion by Council Member King, seconded by Council Member Fehrenbacher to adopt Res. #16-004 — Authorizing Appointments for 2016 as amended. All in favor. Motion carried. 3. Res. #16-005—Acting Mayor& Order of Succession Administrator Ericson stated that it is consistent with past practice. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt Res. #16-005 — Appointing Acting Mayor & Order of Succession. All in favor. Motion carried. 4. Reader Board Policy Administrator Ericson stated that subsequent to a local business requesting usage of the City's reader board, the Planning& Zoning Commission drafted a formal policy and has recommended its adoption by Council. Discussion ensued regarding adding additional entities that may not be registered as a non-profit such as school events or Fete des Lacs events along with registered non-profit organizations outside of the City of Centerville but events are located within the City of Centerville. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt the Reader Board Policy with the above mentioned amendments. All in favor. Motion carried. 5. Schedule 2016 City Council Goalsetting Session Administrator Ericson stated that he would like to schedule the Goalsetting Session as soon as possible to accommodate members' schedules. Council Member Love believes that it is important to include the input of all Committees and Commissions and suggested the first meeting in February. Page 10 of 12 10 City of Centerville Council Meeting Minutes January 13,2016 6. Parks & Recreation Committee Recommendation to Authorize Administrator to Negotiate Contract Services w/Wahoo Adventures for 5K/8K/Run/Walks w/Kerri Kolstad as Race Coordinator Administrator Ericson stated that Ms. Kolstad appeared before the Parks & Recreation Committee at its last meeting with a proposal for being the annual Fete des Lacs Race Coordinator and providing associated services. Administrator Ericson reported that the Parks & Recreation Committee recommended to Council to allow him to negotiate a contract with Ms. Kolstad's firm Wahoo Adventures for the upcoming runs/walk. Discussion ensued regarding marketing the event outside of the City and expenses versus profit. Motion by Council Member Fehrenbacher, seconded by Council Member King to authorize the Administrator to negotiate a contract for services with Wahoo Adventures for the 5K/8K/Run/Walks as Race Coordinator. All in favor. Motion carried. X. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Waste Management Rate Increase Administrator Ericson stated that due to Great River Energy's hauling fee increases and Waste Management's Consumer Price Index contract increase requirement, residents will receive a slight increase (1%). Mayor Wilharber questioned obtaining requests for proposal for garbage/recycling services in the future as he has received numerous complaints and it has been several years. Mayor Wilharber has stated that he is very satisfied with the job that Waste Management has been doing it just would be economically wise to consider alternative providers. b. City Council Security Training January 27, 2016/CLPD Administrator Ericson stated that the Centennial Lakes Police Department would be providing active shooter training at Council's next meeting following the regular agenda items. Attorney Glaser and Engineer Statz both thanked Council for their reappointments for the upcoming year. Council Member Love stated that the Planning & Zoning Commission has been reviewing the Metropolitan Council System Statement for the City and reminded the audience that they still have two vacant seats on the Commission. RECESS TO CLOSED EXECUTIVE SESSION Page 11 of 12 11 City of Centerville Council Meeting Minutes January 13,2016 Mayor Wilharber stated that Council would be taking a three minute break prior to recessing to the scheduled Closed Executive Session at 8:32 p.m. 1. Pending Litigation—7261 Main Street Attorney Glaser brought Council up to date on the status of the purchase agreement, failure to comply and lack of contact by Mr. Magdik. Discussion ensued regarding the City's option to terminate the purchase agreement. 2. Administrator Performance Review Due to Council Member Paar's absence and the lengthy meeting, Council rescheduled for continue the review of the Administrator in February. Mayor Wilharber adjourned the Closed Executive Session at 8:48 p.m. XI. ADJOURNMENT FROM CLOSED EXECUTIVE SESSION/RETURN TO SPECIAL COUNCIL MEETING Mayor Wilharber reconvened the Regularly Scheduled Council Meeting at 8:49 p.m. Motion made by Council Member Fehrenbacher, seconded by Council Member Love to terminate Mr. Magdik,Home Detail, Inc.'s purchase agreement for 7261 Main Street. All in favor. Motion carried. XII. ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member King,to Adjourn the Council meeting of January 13,2016 at 8:51 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 12 of 12 12 CITY OF CENTERVILLE 01/22/1611:26 AN Page 1 Check Detail -January 27, 2016 Check Date Check# Vender Name Comments Amount 1/20/2016 000836E PSN PERMIT&FEES-ACH CHARGES-DEC.4 2015 THRU 1-3-16 $3.50 1/20/2016 000836E PSN UTILITIES-ACH CHARGES-DEC.4 2015 THRU 1-3-16 $104.04 1/20/2016 000836E PSN UTILITIES-ACH CHARGES-DEC.4 2015 THRU 1-3-16 $104.03 1/20/2016 000836E PSN MISC.CHARGES-DEC.4 2015 THRU 1-3-16 $19.98 Check Nbr 000836 PSN $231.55 1/27/2016 029982 ALL COVERED INC. PRE-PAID RENEWAL BLOCK AGREEMENT $1,100.00 1/27/2016 029982 ALL COVERED INC. PRE-PAID RENEWAL BLOCK AGREEMENT $1,100.00 1/27/2016 029982 ALL COVERED INC. PRE-PAID RENEWAL BLOCK AGREEMENT $1,100.00 1/27/2016 029982 ALL COVERED INC. PRE-PAID RENEWAL BLOCK AGREEMENT $1,100.00 Check Nbr 029982 ALL COVERED INC. $4.400.00 1/27/2016 029983 ANOKA COUNTY FIRE PROTECTION C PSCD CONTINGENCY-CENTERVILLE 2016 PSDS CONTINGENCY Check Nbr 029983 ANOKA COUNTY FIRE PROTECTION C $100.00 1/27/2016 029984 COMCAST HIGH SPEED INTERNET Check Nbr 029984 COMCAST $37.92 1/27/2016 029985 CRAWFORD DOOR SALES OF THE TWI P.W.SHOP DOOR-RESET SPRINGS&LIMITS PUT CABLES Check Nbr 029985 CRAWFORD DOOR SALES OF THE TWI $679.50 1/27/2016 029986 DELTA DENTAL FEB. 2016 DENTAL INS. $352.70 1/27/2016 029986 DELTA DENTAL COBRA-DENTAL INS.-D LARSON $69.75 Check Nbr 029986 DELTA DENTAL $422.45 1/27/2016 029987 HEALTH PARTNERS FEB. 2016 HEALTH INS. $3,763.12 1/27/2016 029987 HEALTH PARTNERS COBRA-D LARSON $732.10 Check Nbr 029987 HEALTH PARTNERS $4.495.22 1/27/2016 029988 HENNESSEY,MARY OVER PAID REGISTRATION OF TY POTENTIALLY DANGEROUS Check Nbr 029988 HENNESSEY. MARY $5.00 1/27/2016 029989 INSTRUMENTAL RESEARCH INC DEC. 2015 WATER TEST S' Sr 029989 INSTRUMENTAL RESEARCH INC $38.00 1/27/2016 029990 INTERSTATE POWER SYSTEM SERVICE ON LIFT STATION- 1783 PELTIER LAKE DR Check Nbr 029990 INTERSTATE POWER SYSTEM $545.06 1/27/2016 029991 LEAGUE OF MN CITIES D.SCHMITZ-2016 SAFETY&LOSS CONTROL WORKSHOP-4- Check Nbr 029991 LEAGUE OF MN CITIES $20.00 1/27/2016 029992 MET.COUNCIL ENV. SERV.(SDS) FEB. 2016 WASTE WATER SERVICE Check Nbr 029992 MET,COUNCIL ENV.SERV. (SDS) $17.101.14 1/27/2016 029993 METRO CITIES 2016 MEMBERSHIP DUES Check Nbr 029993 METRO CITIES $1.825.00 1/27/2016 029994 MMUA 2016 WATER UTILITY MEMBER DUES Check Nbr 029994 MMUA $278.00 1/27/2016 029995 NORTHLAND SECURITIES, INC. COUNTY AUDITOR CERTIFICATE $400.00 1/27/2016 029995 NORTHLAND SECURITIES, INC. ANNUAL CONTINUING DISCLOSURE REPORT FOR FISCAL YR $2,000.00 Check Nbr 029995 NORTHLAND SECURITIES. INC. $2,400.00 1/27/2016 029996 PRESS PUBLICATIONS NOTICE OF HEARING-2016 MILL&OVERLAY ASSESSMENTS Check Nbr 029996 PRESS PUBLICATIONS $236.32 1/27/2016 029997 WASTE MANAGEMENT RECYCLED BULBS-P.W. Check Nbr 029997 WASTE MANAGEMENT $49.50 1/27/2016 029998 XCEL ENERGY 6970 LAMOTTE DR-SERV THRU 1-7-16 $61.78 1/27/2016 029998 XCEL ENERGY STREET LIGHTS-SERV THRU 1-7-16 $2,161.30 1/27/2016 029998 XCEL ENERGY 1875 FOX RUN-PUMP-SERV THRU 1-7-16 $111.45 1/27/2016 029998 XCEL ENERGY 1600 LAMOTTE DR-WARMING HOUSE-SERV THRU 1-7-16 $6.39 1/27/2016 029998 XCEL ENERGY 7300 MILL RD-SERV THRU 1-7-16 $160.09 1/27/2016 029998 XCEL ENERGY 1889 CENTER ST-SERV THRU 1-7-16 $19.54 1/27/2016 029998 XCEL ENERGY 1600 LAMOTTE DR-BALL FIELD LIGHTS-SERV THRU 1-7-16 $142.43 1/27/2016 029998 XCEL ENERGY 7285 MAIN ST-SERV THRU 1-7-16 $45.83 1/27/2016 029998 XCEL ENERGY 1880 MAIN ST-SERV THRU 1-7-16 $701.06 1/27/2016 029998 XCEL ENERGY 1737 MAIN ST-SERV THRU 1-7-16 $20.94 1/27/2016 029998 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 1-7-16 $30.45 1/27/2016 029998 XCEL ENERGY 7098 CENTERVILLE RD-SERV THRU 1-7-16 $7.71 1/27/2016 029998 XCEL ENERGY 1682 MAIN ST-SERV THRU 1-7-16 $153.27 1/27/2016 029998 XCEL ENERGY 1745 MAIN ST-SERV THRU 1-7-16 $11.11 1/27/2016 029998 XCEL ENERGY 1880 MAIN ST-CITY HALL/FIRE STATION-SERV THRU 1-7- $337.93 Check Nbr 029998 XCEL ENERGY $3.971.28 Total Checks $36,835.94 13 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 1/1/2016-1/14/2016 Jan 14,2016 02:35PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 01/16 01/04/2016 10668 POST BOARD PEACE LIC JARRING 90.00 01/16 01/04/2016 10669 SUN LIFE FINANCIAL JAN LIFE/DISABILITY INS 99.36 01/16 01/06/2016 10670 WALMART VEHICLE BATTERY 52.36 01/16 01/14/2016 10671 ANOKA COUNTY DEC INTERNET ACCESS 995.13 01/16 01/14/2016 10672 ANOKA CO TREASURY DEPT. FEB BROADBAND 150.00 01/16 01/14/2016 10673 ASPEN MILLS, INC UNIFORMS PROTECTIVE VEST 997.95 01/16 01/14/2016 10674 BCA CJTE BASIC NARCOTICS TRAINING 375.00 01/16 01/14/2016 10675 BCA/MNJIS SECTION 4TH QTR CJDN 390.00 01/16 01/14/2016 10676 BILLS GUN SHOP&RANGE NORTH RANGE USE 214.25 01/16 01/14/2016 10677 CENTURY LINK JAN COMMUNICATIONS 120.92 01/16 01/14/2016 10678 CITY OF CIRCLE PINES SALES TAX 39.90 01/16 01/14/2016 10679 CONSOLIDATED COMMUNICATIONS JAN PHONE 410.96 01/16 01/14/2016 10680 COVERALL OF THE TWIN CITIES INC JAN CLEANING SERVICE 796.22 01/16 01/14/2016 10681 DELTA DENTAL FEBRUARY DENTAL 1,385.00 01/16 01/14/2016 10682 DON'S CIRCLE SERVICE, INC DEC REPAIRS 759.56 01/16 01/14/2016 10683 EMERGENCY AUTO TECH ,INC NEW VEH SET UP 9,026.35 01/16 01/14/2016 10684 GTS HOMELAND SEC EMERG MGMT CON 325.00 01/16 01/14/2016 10685 GARY L FISCHLER & ASSOCIATES, P PSYCHOLOGICAL TESTING 525.00 01/16 01/14/2016 10686 HOLIDAY FLEET DEC FUEL 2,098.31 01/16 01/14/2016 10687 INTOXIMETERS, INC SALES TAX 40.00 01/16 01/14/2016 10688 PAMELA KARG UNIFORMS/APPLY PATCHES 38.00 01/16 01/14/2016 10689 KNOWLAN'S SUPER MARKETS WATER 75.75 01/16 01/14/2016 10690 MN SHERIFFS ASSOCIATION TRAINING ADV GUN LAWS-MG 120.00 01/16 01/14/2016 10691 NEAL A. NOREN DEC BLDG MTC HOURS 150.00 01/16 01/14/2016 10692 O'REILLY AUTOMOTIVE, INC VEH BULBS/MISC 65.21 01/16 01/14/2016 10693 QUILL CORPORATION TONER/PAPER PADS 130.78 01/16 01/14/2016 10694 SHRED-N-GO, INC DEC SHREDDING SERVICE 45.00 01/16 01/14/2016 10695 SIRCHIE SALES TAX 80.77 01/16 01/14/2016 10696 TASC 2016 TASC ANNUAL FEE 275.00 01/16 01/14/2016 10697 TELECIDE PRODUCTIONS, INC DEC COMPUTER MTC/SUPPORT 1,614.54 01/16 01/14/2016 10698 TOP GREEN DEC GROUNDS MTC 671.98 01/16 01/14/2016 10699 TRI-COUNTY LAW ENFORCEMENT AS 2016 ANNUAL DUES 75.00 01/16 01/14/2016 10700 TWIN CITIES TRANSPORT &RECOVE TAURUS TOW 1-11-16 137.12 01/16 01/14/2016 10701 U.S. HEALTH WORKS MEDICAL PRE-EMP AJ 488.00 01/16 01/14/2016 10702 VERIZON WIRELESS DEC CELL PHONES 547.65 Grand Totals: 23,406.07 Check#10667 Voided M=Manual Check,V=Void Check 14 Franchise Ordinance Centerville—NSP (gas) version kg 01-20-2016 GAS FRANCHISE ORDINANCE ORDINANCE NO. 75, SECOND SERIES. CITY OF CENTERVILLE, ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF CENTERVILLE, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Centerville,County of Anoka,State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof,including sewer and water service, but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,including an agency of the federal government,which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel,414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1 15 Franchise Ordinance Centerville—NSP (gas)version kg 01-20-2016 1.8 Public Ground. Land owned or otherwise controlled by the City for utility easements, park,open space or similar purpose,which is held for use in common by the public. 1.9 Public Way. Any street,alley,walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct,operate,repair and maintain Gas Facilities in,on,over,under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair,maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not 2 16 Franchise Ordinance Centerville—NSP (gas)version kg 01-20-2016 inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may,however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed in accordance with Minnesota Rules, 7819.1100, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required,under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install,replace or maintain facilities in a Public Way, 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions,alterations or repairs to its Gas Facilities. In all other respects, the city will give reasonable notice of upcoming projects in accordance with Minnesota Statute 216D. 3 17 Franchise Ordinance Centerville—NSP (gas) version kg 01-20-2016 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade,regrade,or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis,provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots,in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation,repair and maintenance of Gas Facilities,provided that Company shall save City harmless from any liability in the premises. 4 18 Franchise Ordinance Centerville—NSP (gas)version kg 01-20-2016 SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for,or inspection of,Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project,the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes,Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 5 19 Franchise Ordinance Centerville—NSP (gas) version kg 01-20-2016 Class Fee Per Premise Per Month Residential $4.00 Commercial Firm Non-Demand $ 8.00 Commercial Firm Demand $ 8.00 Small Interruptible $ 8.00 Medium and Large Interruptible $ 8.00 Firm Transportation $ 8.00 Interruptible Transportation $ 8.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail or personal service . The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time;however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.4 Terms Defined. 9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. 6 20 Franchise Ordinance Centerville—NSP (gas)version kg 01-20-2016 9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 City Use and Retorting of Franchise Fee Revenue. The City shall deposit said franchise fee revenue into a City fund titled "Street Use Revitalization Fund (SURF)" of which all franchise fee proceeds shall be used for the specific use of preserving and repairing city streets including,but not limited to,methods such as crack seal, fog seal,mill and overlay,hot in place recycle, cold in place recycle, and full depth reclamation. Unless otherwise included in the City's annual audit, each year the City shall prepare and publish a report detailing the additional preservation and repair projects able to be completed with said franchise revenue. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance or state law conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Unless specifically exempted by the language of this agreement, Minnesota Statutes Chapter 216D, and Minnesota Administrative Rules Chapter 7819 shall still govern the relationship between the parties. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 7 21 Franchise Ordinance Centerville—NSP (gas)version kg 01-20-2016 SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: - .20_. Mayor Attest: City Clerk Date Published: 8 22 Franchise Fee Ordinance Centerville—NSP (gas)version kg 01222016 sent to Council for approval ORDINANCE NO. 76, Second Series AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY,A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF CENTERVILLE. THE CITY COUNCIL OF THE CITY OF CENTERVILLE DOES ORDAIN: SECTION 1. The City of Centerville Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Putpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Centerville. (a) Pursuant to City Ordinance No. 75, Second Series, a Franchise Agreement between the City of Centerville and Northern States Power Company,a Minnesota corporation,its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation,its successors and assigns,in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company,a Minnesota Corporation,its successors and assigns,under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM-May 1, 2016 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise and Schedule A,below. Subd. 4. Surcharize. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute,including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. 1 23 Franchise Fee Ordinance Centerville—NSP (gas)version kg 01222016 sent to Council for approval Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail or personal service. Collection of the fee shall commence as provided in above. Passed and approved: January_,2016. Mayor Attest: City Clerk SEAL 2 24 Franchise Fee Ordinance Centerville—NSP (gas)version kg 01222016 sent to Council for approval SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $4.00 Commercial Non-Demand $8.00 Commercial Firm Demand $8.00 Small Interruptible $8.00 Medium and Large Interruptible $8.00 Firm Transportation $8.00 Interruptible Transportation $8.00 Franchise fees are submitted to the City on a quarterly basis as follows: January—March collections due by April 30. April—June collections due by July 31. July—September collections due by October 31. October—December collections due by January 31. 3 25 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 77, SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRAN'T'ING TO CONNEXUS ENERGY, A MINNESOTA COOPERATIVE CORPORATION,ITS SUCCESSORS AND ASSIGNS,PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CENTERVILLE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 C4. The City of Centerville,County of Anoka,State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service,but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Company. Connexus Energy, a Minnesota cooperative corporation,its successors and assigns. 1.4 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.5 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the Chief Executive Officer, Connexus Energy, 14601 Ramsey Boulevard N.W., Ramsey, Minnesota 55303-6024. Notice to the City shall be mailed to the City Administrator, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.6 Public Ground. Land owned or under the control of the City for park, open space or similar purpose,which is held for use in common by the public. 1.7 Public Way. Any street,alley,walkway or other public right-of-way within the City. 1 26 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are established by Company's Board of Directors. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Facilities shall be located on Public Grounds as determined by the City. Company's construction,reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place,provided at the City's request, Company will remove such underground Electric Facilities which interfere with a City improvement project, but only to the extent such Electric Facilities are uncovered by excavation 2 27 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval as part of the City improvement project, and restore the Public Way in accordance with Minnesota Rule 7819.1100. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same in accordance with Minnesota Rule 7819.1100, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install,replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company within a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. The city shall give notice of upcoming projects in accordance with Minnesota Statutes,Chapter 216D. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility,police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another 3 28 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public WUs. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense when replacing existing facilities with same or similar facilities. If current facilities are above ground and City requires them to be buried, City shall pay for the difference, (if any) of burying facilities versus leaving above ground. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade,regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation,removal,replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 29 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not,as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project,the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules,Part 7819.3200,if City's order directing vacation of the Public Way does not require relocation of Company's Electric Facilities, the vacation proceeding shall not be deemed to deprive Company of its right to continue to use the right-of-way of the former Public Way for its Electric Facilities installed prior to such order of vacation. 5 30 Franchise Centerville - Connexus kg ver 01252016 sent to Council for approval SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall be calculated on a flat fee basis. 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, and that separate ordinance shall dictate the date upon which collection of that franchise fee shall commence. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement, or may be annually amended to reflect changes in the franchise fees imposed by the City. 9.3.3 "Gross Revenue" means all sums, excluding any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the 6 31 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 Notification Requirement. In addition to the required proceedings and notification of the public by the City, the City shall clearly explain the purpose and use of the fee, the fee schedule including frequency of billing which clearly state Connexus is required under law to bill and collect the fee and distribute funds back to the City. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance or state law conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Unless specifically exempted by the language of this agreement, Minnesota Statutes Chapter 216D, and Minnesota Administrative Rules Chapter 7819 shall still govern the relationship between the parties. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any 7 32 Franchise Centerville- Connexus kg ver 01252016 sent to Council for approval such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. Passed by the City Council of the City of Centerville, Minnesota, this _ day of 2016. Mayor Attest: City Clerk Date Published: 8 33 Franchise Fee Ordinance Centerville—Connexus version kg 01222016 ORDINANCE NO.78, Second Series CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON CONEXUS ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CENTERVILLE. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Centerville Code of Ordnances is hereby amended as follows: Subdivision 1. Purpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas or electric services within the City of Centerville. (a) Pursuant to City Ordinance No. 77, Second Series, a Franchise Agreement between the City and Connexus Energy, the City has the right to impose a franchise fee on Connexus Energy in amount and fee design as authorized in Section 9.1 of the Connexus Energy Franchise. (b) Pursuant to City Ordinance No. 77, Second Series, the City exercised its right to impose a franchise fee on Connexus Energy. This includes the right to modify the fee amount with the consent of Connexus Energy as to amount and notice period, to which Connexus Energy has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance No. 77, Second Series, the franchise fee imposed on Connexus Energy under its Electric Franchise is hereby amended. The amended fee schedule is attached hereto and made a part of this ordinance, commencing with Connexus Energy's March 2016 billing month. Subd. 3. Payment and Fee Design.The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. a) This fee is an account based fee and not a meter based fee.An account includes all electric meters located on a single property or premises that have the same address and property owner. b) Properties with a single address and owner shall pay the largest fee that applies to any one of their meters. d) Separately metered space rented to tenants other than the owner shall pay a fee for each tenant meter. e) The City Administrator, or his designee,is authorized to determine the appropriate implementation of this Section 3.2. Appeals from decisions of the staff may be taken to the City Council. 34 Franchise Fee Ordinance Centerville—Connexus version kg 01222016 Subd. 4. Record Support for Payment. Connexus Energy shall make each payment when due and,if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the day after publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Connexus Energy by certified mail or personal service. Subd. 7. Fee Review. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment,which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. Subd. 8. The City recognizes that Connexus Energy will surcharge its customers in the City the amount of the fee. Subd. 9. The City, for good cause shown, can exempt any meter,premises or party from the application or collection of this fee. City facilities or City joint-powers facilities are not subject to the fee. SECTION 2. This ordinance takes effect as provided herein. Read and passed by the City Council of the City of Centerville,this_th day of January, 2016. Passed and approved: 20_. Mayor Attest: City Clerk Date Published: 35 Franchise Fee Ordinance Centerville—Connexus version kg 01222016 EXHIBIT A CONNEXUS ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee or%Per Month Residential $4.00 Small Commercial/Industrial (Non Demand) $8.00 General Commercial/Industrial (Demand) $8.00 Large Commercial/Industrial (> 1 MW Demand) $8.00 Outdoor Advertising (Billboards),Non-Metered Cable/TV/Phone $8.00 Irrigation services,Lift Station services, Siren services $8.00 Street Lights(city owned or rented) Exempt Wells&Pumps (city well) Exempt FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE,AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January through March collections due by April 30. April through June collections due by July 31. July through September collections due by October 31. October through December collections due by January 31. 36 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. 79, SECOND SERIES. CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP.,d/b/a CENTERPOINT ENERGY MINNESOTA GAS("CENTERPOINT ENERGY"),ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE,REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION,DISTRIBUTION,MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CENTERVILE,ANOKA COUNTY,MINNESOTA,FOR SUCH PURPOSE; AND,PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA,ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Centerville, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer, water service, street lighting and traffic signals,but excluding facilities for providing heating, lighting,or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. 11Page 37 Franchise Ordinance Centerville - CenterPoint 01252016 sent to Council for approval. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to the City Clerk at 1880 Main Street, Centerville, MN 55038. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance, city policies,or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise,the City Council by resolution shall revoke this Franchise. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to 2 1 P a g e 38 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires,this Franchise will remain in effect until a new franchise is agreed upon,or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of- way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground,the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100, and shall maintain the surface in good condition for twenty-four months thereafter. Company shall restore the Public Ground to as good a condition as formerly existed. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3 1 P a g e 39 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons,property, or the elements. Per Minnesota Statute 216D.05,the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. Notice of upcoming projects will be given in accordance with Minnesota Statutes,Chapter 216D. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000,7819.4100 and Minnesota Statutes,Chapter 216D. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for,or inspection of, Company's plans or work. 4 1 P a g e 40 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation,but Company may not settle such litigation without the consent of the City or its insurors, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and Minnesota Rules 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis,or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail or personal service. The Company 5 1 P a g e 41 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law,provided the Company notifies the City Council of the same within the ninety (90)day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time,however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise,the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However,the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01 et seg. as it may be amended from time to time with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 7819.3300 as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any 6 1 P a g e 42 Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT-PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. Passed and approved: , Tom Wilharber Mayor of the City of Centerville,Minnesota Attest: City Clerk, Centerville,Minnesota 7 1 P a g e 43 S Franchise Fee Ordinance Centerville-CenterPoint 01222016 sent to Council for approval CenterPoint Energy Gas Franchise Fee Ordinance ORDINANCE NO. 80, SECOND SERIES AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF CENTERVILLE, MINNESOTA THE CITY OF CENTERVILLE DOES ORDAIN: Gas Franchise Fee (a) Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City. The City of Centerville, County of Anoka, State of Minnesota. (2) Company. CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns. (3) Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance No. 79,SECOND SERIES. (4) Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 1880 Main Street,Centerville,Minnesota 55038. (b) Purpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. (c) Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the May 2016 billing month, and in accordance with the following fee schedule: Franchise Fee Ordinance for Centerville-CenterPoint Energy version kg 12302015 44 Franchise Fee Ordinance Centerville-CenterPoint 01222016 sent to Council for approval Franchise Fee Ordinance for Centerville-CenterPoint Energy version kg 12302015 45 Franchise Fee Ordinance Centerville-CenterPoint 01222016 sent to Council for approval Customer Classification Amount per Account per Month($1 Residential $4.00 per month Firm A $8.00 per month Firm B $8.00 per month Firm C $8.00 per month Small Volume, Dual Fuel A("SVDF A") $8.00 per month Small Volume, Dual Fuel B ("SVDF B") $8.00 per month Large Volume, Dual Fuel ("LVDF") $8.00 per month (d) Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. (e) Payment. Franchise fees are to be collected by the Company, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970, and submitted to the City as follows: January—March collections due by April 30. April—June collections due by July 31. July—September collections due by October 31. October—December collections due by January 31. (f) Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company's records for the purpose of verifying such statements. (g) Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts (h) Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of city residents to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. (i) Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved Franchise Fee Ordinance for Centerville-CenterPoint Energy version kg 12302015 46 Franchise Fee Ordinance Centerville-CenterPoint 01222016 sent to Council for approval within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. 0) Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days or more after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail or personal service. Collection of the fee shall commence as provided above. (k) Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. 0) Periodic Review. The City Council shall review this ordinance annually in whatever manner the City then determines to be appropriate, including, but not limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. Section 2: Effective Date. This ordinance takes effect as provided herein. PASSED AND ADOPTED BY THE CITY COUNCIL THIS DAY OF JANUARY, 2016. Tom Wilharber, Mayor ATTEST: City Clerk (Published in the the day of Franchise Fee Ordinance for Centerville-CenterPoint Energy version kg 12302015 47 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 81, SECOND SERIES. CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CENTERVILLE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA,ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Centerville,County of Anoka, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof,including sewer and water service, but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,including an agency of the federal government,which preempts all,or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation,its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned or otherwise controlled by the City for park,open space or similar purpose,which is held for use in common by the public. 1 48 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval 1.8 Public Way. Any street,alley,walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 49 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project,but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may,however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed in accordance with Minnesota Rules, 7819.1100,and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install,replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions,alterations or repairs to its Electric Facilities. In all other respects, the city will give reasonable notice of upcoming projects in accordance with Minnesota Statute 216D. 3 50 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility,police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade,regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area,Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense,to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46,as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 51 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project,the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 52 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for approval SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $4.00 Sm C&I—Non-Dem $ 8.00 Sm C&I—Demand $ 8.00 Large C&I $ 8.00 Public Street Ltg $0.00 Muni Pumping—N/D $ 0.00 Muni Pumping—Dem $ 0.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail or personal service. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable 6 53 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for ap rp oval customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5,the foregoing conditions will be waived to the extent of such written consent. 9.6 City Use and Reporting of Franchise Fee Revenue. The City shall deposit said franchise fee revenue into a City fund titled "Street Use Revitalization Fund (SURF)" of which all franchise fee proceeds shall be used for the specific use of preserving and repairing city streets including,but not limited to,methods such as crack seal, fog seal,mill and overlay,hot in place recycle, cold in place recycle, and full depth reclamation. Unless otherwise included in the City's annual audit, each year the City shall prepare and publish a report detailing the additional preservation and repair projects able to be completed with said franchise revenue. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance or state law conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Unless specifically exempted by the language of this agreement, Minnesota Statutes Chapter 216D, and Minnesota Administrative Rules Chapter 7819 shall still govern the relationship between the parties. 7 54 Franchise Ordinance Centerville-NSP(electric)version kg 01222016 sent to Council for Wroval 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,20_. Mayor Attest: City Clerk Date Published: 8 55 ORDINANCE NO. 82, Second Series AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY,A MINNESOTA CORPORATION,ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CENTERVILLE THE CITY COUNCIL OF THE CITY OF CENTERVILLE DOES ORDAIN: SECTION 1. The City of Centerville Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. PuMose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Centerville. (a) Pursuant to City Ordinance No. 81, Second Series, a Franchise Agreement between the City of Centerville and Northern States Power Company,a Minnesota corporation,its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation,its successors and assigns,in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation,its successors and assigns,under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM April 1, 2016 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. moment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 1 56 Subd. 5. Enforcement. Any dispute,including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail and personal service. Collection of the fee shall commence as provided above. Passed and approved: —)20— Mayor 20_ Mayor Attest: City Clerk SEAL 2 57 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $4.00 Sm C&I—Non-Dem $8.00 Sm C&I—Demand $8.00 Large C&I $8.00 Public Street Ltg $0.00 Muni Pumping—N/D $0.00 Muni Pumping—Dem $0.00 Franchise fees are submitted to the City on a quarterly basis as follows: January—March collections due by April 30. April—June collections due by July 31. July—September collections due by October 31. October—December collections due by January 31. 3 58 a I ty � � I A y CENTEMLLE4 ROAD 7 x x--_ x ��B ware � I---•--�� � �� �4d� e I •`ti:• � •'a �a6 b,Aye Z t e l c I '�,t�•'.•'1 t � J) � 77���{gyp 1 m I � I :f 'Y PROGRESS I ROADr I OE ul 4� •r1 yp .�rp � ��/•/'�� o CD 0 m Oil sR p qm °Pm z II b 00 RM a � � BUS AND PARENT CENTENNIAL Larson T o ['41 DROP-OFF EVALUATIONPUBLIC � Engtneerin SCHOOLS 3624LaboreRoedgA inc. R � CENTERVILLE ELEMENTARY SCHOOL 4707 NORTH ROAD N/„IIs Bsar Lek ,INN gg110 CIRCLE PINES, .,or;' o M 651.4e1.9zo1 MN 55014 M ...or-corn MCN+.Mna,hre•AAM em.neerwd. CITY OF CENTERVILLE ORDINANCE#83, Second Series An ordinance adopting a fee schedule for 2016 THE CITY OF CENTERVILLE ORDAINS: Section 1. The following rates for,permits, licenses and other charges are approved: Reference FEE Chapter 50 Utility fees, Charges, Storm Water Area Charge and Other Costs .................................................................................See Exhibit«A» Chapter 73 Special Vehicle License(3 Years)...............................................$50.00 Chapter 90 Animal License(§90.02) Kennel License.................................................................$30.00 Dangerous/Potentially Dangerous Dog Registration.......$35.00/Year Animal At-Large Release Fee(§90.06) Violation..........................................................................$50.00 Wild or Dangerous Animals (§90.02) HoneyBees..................................................................................$75.00 No More Than(2)Honey Bee Colonies Farm Animals (§90.03) Backyard Chickens (Up to 4 Hens) .............................................$75.00 Initial Permits Expire the Following Year,December 31 after Issuance Unless Revoked,Renewal Permits Shall Expire on December 31 of Second Year Following Issuance Unless Revoked Chapter 91 Special Event Noise Permit (§91.09).............................................$50.00 Burning Permit.............................................................................$50.00 (§91.25) Administration Fees Associated with Meth. Lab Clean-up .................................................................................................$5,000.00 (§91.45) Plus Costs Incurred for Clean-up(§91.53) Chapter 92 Park Use Permit...........................................................................$25.00+Deposit Park Use.....................................................................................$100.00 Min. Deposit Field Prep., Trash pickup, lighting, concession facility,police and fire service, will be determined by P.W. Dir. Page 1 of 17 60 Chapter 93 Right-of-Way Usage Fees: (§93.20) Right-of-Way Excavating Permit or Street Breaking Permit ......$75.00(§93.20) (Includes New Driveway(s)) Right-of-Way Excavating Permit/Existing Driveway Replacement$25.00 ............................................................................................................ Obstruction Fee..........................................................................$150.00 Penalty/Fine work in ROW without securing pen-nit.........$300.00 Restoration Cost.............................................Equal to City Cost Deposit for restoration collected with permit per estimate of P.W.Director Building Move...........................................................................$500.00 Building Move Deposit(for street repairs and site restoration) ....$5,000.00 (§93) (Also see Chapter 156.004) Chapter 94 Special Event Permit(§94.01).......................................................$50.00 Police and fire service, will be determined by P.W. Dir. Note Regarding Chapters 110, 112-119 Initial license for Chapters 110,112-119 shall be pro-rated per quarter(not less than 1 quarter)and no refunds will be made if the business should cease the licensed activity. Chapter 110 Adult Establishment License..................................................$4,000.00(§110.08) Application/Background Check............................................$500.00 Chapter 111 Liquor Licenses: 3.2 Beer Permit—Special Events.........................$35.00 plus $5.00 for each(§111.08) add'1 day Application/Background Check(New Licensee) ..........$500.00 Off-Sale Liquor..............................................................$100.00 Off-Sale Non-Intoxication Liquor...................................$20.00 On-Sale Liquor: Based on square footage.................................................$.60 per sq ft of interior .........................................................................................$.30 per sq ft for exterior Minimum................................................................$2,500.00 Maximum...............................................................$4,000.00 Brew Pub........................................................................$500.00 On-Sale 3.2 Liquor ..................$250.00 Sunday Liquor License..................................................$200.00 Wine License.................................................................$300.00 Chapter 112 Pawn Broker License................................................$2,000.00 (§112.03) Application/Background Check............................................$500.00 Chapter 113 Transient Sales: Page 2 of 17 61 Application/Background Check..............................................$80.00 (§113.03) Per Day...............................................................................$10.00(§113.03) Per Month...........................................................................$60.00(§113.03) Chapter 114 Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License............................$270.00 (§114.07) Application/Background Check..............................................$80.00 Chapter 115 Sauna(s),Dayspa or Massage Business License (Initial)..........$270.00 (§115.17) (Subsequent renewal).................................................................$150.00 (Includes Therapist Certificate Fee for Owner(s)) Massage Therapist Certification.............................................$85.00 (§115.32) Application/Background Check..............................................$80.00 Massage Therapist Renewal/Annual Certificate...............$55.00(§115.32) Chapter 116 Cigarette License-sale of tobacco products.................................$85.00 (§116.04) Application/Background Check................................................$80.00 Tobacco Violation(1St Violation)..............................................$250.00 (§116.99) (2nd Violation)............................................................................$500.00 (3rd Violation).............................................................................$750.00 Chapter 117 Sale of Fireworks License..........................................................$100.00(§117.06) Chapter 118 Rental License-2 Year Period....................................$110.00 for 1St unit/$25.00 per(§l 18.03) unit thereafter within the same structure Rental Reinspection Fee (3rd Visit)..............................................$40.00 per unit Chapter 119 Commercial Rubbish Collection License Fee............................$300.00 (§119.01, A 5) Chapter 120 License for water and/or sewer service line installer..............$100.00/yr. Chapter 121 Dance: Single Event.........................................................................$20.00+ Police Fees (§121.02) Yearly-Continuous................................................................$200.00+Police Fees Chapter 130 Bingo Permit................................................................................$20.00 (§130.19) Chapter 150 Building Permits......................................................See Exhibit "B" Page 3 of 17 62 Plumbing Permits.....................................................See Exhibit"C" Electrical Permit Fees..............................................See Exhibit"D" Demolition Permit& Escrow: Residential (not required for accessory Bldgs. <120 sq. $.).$200.00(§150.01) Escrow...........................................................................$2,000.00 or Letter of Credit Commercial/Industrial..................Valuation Based w/Minimum Of.................................................................................... $300.00 Escrow..................................................................................20%of Demo. Cost Permit Surcharge..................................................... Per State of MN Chapter 152 Sign Permit Fee: Wall-mounted sign.................................................................$75.00 Free-standing sign(In addition to building permit)...............$75.00 Chapter 153 Park Dedication Fees Land Dedication...........................................................(§153.15) At option of City-10%of Fair market Value of all property located in the proposed development or$3,000/unit(whichever is greater) Commercial/Industrial................................................$2,175.00/acre Lot Split/Lot Combination...................................................$200.00 plus legal fees+park fees Park fees only apply if the lot is split Preliminary Plat Fee—Application............................ $500.00+deposit of$100.00/Lot or Unit (City Review will cease if costs exceed fees and deposit is not replenished) Chapter 155-same as Chapter 156 procedure fees Chapter 156 Bridges/Structures in easement Encroachment Agreement.....................................................$100.00 (§154.132) Annual Insurance Monitoring& Inspection...........................$25.00 FencePermit................................................................................$60.00 In Easement—Requires Council Action and Encroach. Agr.$100.00+Recording Fees PUD Application(§156.251)....................................$500.00+deposit of$100.00/Lot or Unit (City Review will cease if costs exceed deposit and deposit is not replenished) Variance Application(§156.310)...............................................$250.00+ deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Conditional or Interim Use Permit Application(§156.320)......$250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Rezoning Requests (§156.410)..................................................$250.00+deposit of$500.00 Page 4 of 17 63 (City Review will cease if costs exceed deposit and deposit is not replenished) Site Plan Review........................................................................$250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Comprehensive Plan Amendment-Applicant will pay all costs associated with amendment - $250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Chapter 157 Fill Permit&Grading Permits................................See Exhibit"E" Site Maintenance Deposit/Erosion Control/Landscape/Sod/Driveway Escrow ..................................................................................$5,000(§157.15, B)(150.045 & (154.410) (May substitute letter of credit) Land Development Minimum.....................................$5,000.00 (Addressed in Developer's Agreement) OTHER FEES: Assessment Certificate............................................................ $45.00 Base Map Updating Fee(New Plat) .......................................$40.00/Lot(Developer's Agree.) (Minimum of$500) Council Chamber Rental -Must be non-profit organization—No Charge Private Business ......................................................................................................$30/Hour, 2 Hour Min. Security Deposit (City Policy-08/05)....................................$150.00 FilingFees......................................................................................$2.00 Maps and Charts(24"x 36").......................................................$15.00 Non-Sufficient Funds/Returned Check........................................$30.00 NotaryFees...............................................................................$1.00/item Photo Copies....................................................................................$.25 per page (one sided) Public Works Labor& Equipment.........................................$70/hr. (2 hr. min+Equip. Cost) Research Charge..........................................................................$40.00 half hour minimum ....................................................................................................$60.00 for each hour thereafter Street Vacation Request......................................................$500.00(review and hearing costs) Section 2. The attached summary ordinance: Exhibit"F""Summary of Ordinance for Publication" is hereby adopted. Section 3. These fees shall become effective on publication of the attached summary of ordinance. Page 5 of 17 64 Adopted by the City Council this 13th day of January, 2016. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk Page 6 of 17 65 EXHIBIT A UTILITY FFES,CHARGES AND OTHER COSTS Sewer trunk system fee(Residential Equivalent Unit)................................$2,300.00(§51.07) Sewer Availability Charge(SAC)/MCES...................................................$2,485.00(§51.07) Water(WAC)/Trunk System Fee(Residential Equivalent Unit)................$1,850.00(§51.07) Water Access Charge(Unassessed properties)...........................................$6,500.00 Sanitary Sewer Access Charge(Unassessed properties).............................$8,100.00 Storm Water Area Charge(Developer's Agreement) .05739 per square foot(§51.11) Erosion Control Site Fee................................................................................$360/Unit Commercial/Industrial..........................................................................................$.07 per square foot of building, parking and other impervious surfaces Water/Sewer Permit Fees(451.07) Service/Connection(Includes 2 inspection trips to site.....................$75.00 TappingMain.....................................................................................$50.00 Curb Stop Activation.........................................................$75.00 Inspections(All)/each........................................................................$40.00 Service Charges-Meters Testing..............................................................................................Cost Water Meter Charge 051.05,H) 3/4"Meter........................................................................................$411.00 I"Meter...........................................................................................$527.00 / Minor Repairs...........................................................................Cost+20% Special and other sizes..............................................Cost plus Handling (These Rates are Subject to Tax) Water Test Fee...................................................................................................$6.36(7/1/06) Water Usage Rates 051.02) Residential Water System Management Fee/Bi-Monthly Billing Period.............$14.05 Variable—Rate Per Thousand Gallons/Qtr. (0-90,000).......................$2.10 Variable—Rate Per Thousand Gallons/Qtr. (90,001-150,000)............$2.31 Variable—Rate Per Thousand Gallons/Qtr. (150,001-XXX)..............$2.63 Commercial Water System Management Fee/Bi-Monthly Billing Period.............$14.42 Variable—Rate Per Thousand Gallons/Qtr. (0-500,000).....................$2.10 Variable—Rate Per Thousand Gallons/Qtr. (500,001-XXX)..............$2.63 Sewer/Wastewater fee(bi-monthly) Sewer Charges will include two components. The first is a flat fee covering the City's fixed and variable costs for sewer collection(Collection Rate). The second fee is to cover the variable charge for wastewater treatment (Treatment Fee). The Treatment charge will be the Treatment Fee rate multiplied times the water meter use for the billing period. To account for summer irrigation water not being treated, the charge for the July and November billings shall not exceed the average use during the first billing period of that year and the final billing period of the prior year (winter average). If the home is unoccupied during a significant part of the winter period, the average shall be manually calculated using other reasonable means to determine the anticipated sewer treatment volume. Page 7 of 17 66 Collection Rate Treatment Fee Residential charge $25.44/SAC Unit$2.15/1,000 gal. Commercial/Institutional $37.80/SAC Unit$2.15/1,000 gal Sewer-only customers shall be charged a flat rate per SAC unit or may purchase a city water meter and install it on their well in order to be billed at the lower fixed and variable rates above.Otherwise sewer-only customers shall be billed at the following rates: Collection Rate Treatment Fee Residential rate per SAC $25.44/SAC $25.44/SAC Commercial/Institutional $37.80/SAC Unit$25.44/SAC Storm Water Management Fee(bi-monthly): (§51.11) Residential(Fixed)........................................................................................$9.30 Comm./Industrial(Fixed)................................................... $.0.00267/sq.ft impervious with minimum...$9.30 Utilities/(Water/Sewer/Garbage Billing)Penalties&Late Fees Residential/Commercial Penalty/Late Payment 6%Qtrly On Delinquent Balance Utilities/(Water/Sewer/Garbage Certification)............5%of Outstanding Balance or$50.00 whichever is greater (§50.03) Utility billing is billed on a bi-monthly basis for the previous two months Use of Meter&Hydrant(51.09,J) Meter Rental.......................................................... .....................$50.00/day ......................................................................................................$1,000.00Deposit .........................................................................................I.................$25.00Connection Fee .............................................................................................................$4.00/1,000 Gallons Page 8 of 17 67 EXHIBIT B BUELDING PERMIT FEES TOTAL VALUATION FEE Driveway.....................................................................$25.00 Accessory Structures Under 120 sq ft. (Zoning Use Permit)..................................................$65.00 Easement Encroachment Agreement.........................$100.00+Recording Fees (Requires Council Action—Not Allowed if exceeds 120 sq.ft.) Basement(Finishing)(Plumb. &Mech.Included if Rough-In Complete) ...................................................................................$175.00 Door/Window Replacement........................................$55.00 (Min.)/$110.00(Max.)—5'Above Grade Permanent Pools Inground...............................................................$355.00 Above Ground......................................................$155.00 (Both plumbing and mechanical included) Roof/Re-Roof—1 or 2 family only...........................$155.00 Siding(Lap,Wood,Metal,Vinyl&Composite) 1 or 2 family only......................................................$155.00 (Excludes Stucco,Brick&Other Masonry Products) $1.00 TO$1,000.00....................................................$55.00 $1,100.00 TO$2,000.00..............................................$55.06 For the first$1,100.00 plus$4.01 for each additional$100.00 or fraction thereof,to and including $2,000.00 $2,001.00 to$25,000.00..............................................$91.00 For the first$2,000.00 plus 18.38 for each additional$1,000.00,or fraction thereof,to and including $25,000.00 25,001.00 to$50,000.00............................................$513.75 For the fust$25,000.00 plus$13.26 for each additional$1,000.00 or fraction thereof,to and including $50,000.00 $50,001.00 to$100,000.00........................................$845.20 For the first$50,000.00 plus$9.19 for each additional$1,000.00,or fraction thereof,to and including $100,000.00 $100,001.00 to$500,000.00...................................$1,304.57 For the first$100,000.00 plus$7.35 for each additional$1,000.00,or fraction thereof,and including $500,000.00 $500,001.00 to$1,000,000.00................................$4,244.57 For the first$500,000.00 plus $6.24 for each additional $1,000.00,or fraction thereof,to and including $1,000,000.00 Page 9 of 17 68 $1,000,001.00 and up.............................................$7,361.49 For the first$1,000,000.00 plus$4.79 for each additional $1,000.00,or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours..... (minimum charge—two(2)hours)................................................... $90.00 per hour 2. Reinspection fees assessed under provisions ofSection 305.8................................................................................ $70.00 per hour 3. Inspections for which no fee is specifically indicated............................................................................................ $70.00 per hour Plan Review=65%of permit Commercial/Industrial$500.00 deposit required when plan submitted for review. *Work started without a permit—double permit fee w/cap of$1,000.00 Page 10 of 17 69 EXHIBIT C PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be five dollars($5.00)for each plumbing fixture,device or connection to the sewer or plumbing system,with a minimum charge of forty dollars and zero cents($40.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be forty dollars ($40.00) fust five-hundred dollars ($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction thereof of the total market value of such alteration,repair or extension. The charge for commercial,industrial or institutional plumbing shall be: Two percent(2%)of the total cost of labor and materials or a minimum of$40.00 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars and zero cents($20.00) for each of the following units but not to exceed$140.00. A minimum charge of forty dollars and zero cents($40.00): • Main Gas Line Piping • Gas Furnace • Air conditioner • Boiler • Air Exchanger • Gas Fireplace/Gas Log(Install in regular fireplace) • Gas Boiler • Gas Dryer • Gas Stove/Range • Wood Fireplace • Duct Work • Miscellaneous Mechanical Fixtures • Gas Pool Heater • Gas Wall Heater/Garage Heater The charge for commercial,industrial or institutional building shall be: Two percent(2%)of the total cost of labor and materials of the heating,ventilation and air conditioning work to be completed or a minimum of$40.00 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees,in addition to normal permit fees. Sprinkler/Fire Suppression system permits: Single Family,Flat fee of$400.00 Fire Suppression Permit Minimum.............$75.00 Page 11 of 17 70 Other sprinkler/fire suppression permits.All Fire Code related permits/inspections-contract cost of sprinkler/fire suppression system times 3.25% (Includes plan review by Building Official and Fire Department). All of the above stated fees are Subject to State of MN surcharge fees. Page 12 of 17 71 EXHIBIT D ELECTRICAL FEES Individual/separate inspection(installation,replacement,alteration or repair)...... ....................................$45.00 Services,generators,feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity.............................................................$45.00 2. Each additional 100 amps or fraction thereof...................................................an add'1$10.00 3. For services and circuits operating at over 250 volts .....................(Scheduled fee doubles) Circuits,feeders,feeder taps,or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity.................................................................$8.00 2. 31 amps to 100 amps...................................................................................................$10.00 ea. 3. Each additional 100 amps...................................................................................an add'1$5.00 One-Family dwelling and each dwelling unit of a two-family dwelling...................................................$175.00 Up to and including 200 amps service(includes not more than three inspections) Multifamily dwellings............................. ..................................................................................................$100.00 Each existing circuits or feeders reconnected to replacement panels(new or extended circuits or feeders at the abovefees) ..........................................................................................................................................$3.00 Electrical supply for each manufactured home park lot..............................................................................$45.00 Recreational vehicle site,electrical supply equipment.............................................................................$10.00 ea. Street,parking lot or outdoor area lighting standards...................................................................................$8.00 Transformers for light,heat and power: 1. Up to and including 10 kilo-volt amps........................................................................$20.00 ea. 2. Over 10 kilo-volt amps................................................................................................$40.00 ea. Transformers and electronic power supplies for electric signs and outline lighting.....................................$8.00 Swimming pool bonding inspection(each separate inspection)..................................................................$45.00 (Bonding conductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting fixtures...............................................................................$.50/fixture Transient Projects-Power supply fees as identified above,plus 1 hour...............................................$90.00/hour Each attraction or concession inspection.....................................................................................................$45.00 Special inspection or inspections not covered above the fee is$90.00 per hour plus mileage at the rate established per the IRS. Re-inspection fee when inspection is necessary to determine whether the unsafe conditions have been corrected —a fee will be assessed by the inspector.....................................................................................................$45.00 MinimumFee per Trip................................................................................................................................$45.00 *Electrical work commenced without filing the required permit, in addition to the permit fee, shall pay two times the permit fee, not to exceed $1,000. *For purposes of interpretation, Minnesota Rules, Chapter 3800, Page 13 of 17 72 and the most recently adopted edition of the National Electric Code shall be prima facie evidence of the definitions,interpretations,and scope of words and terms used. Requests for Electrical Inspection(REI) with a fee of$250 or less expires 12 months from the filing date. The contractor must have the work completed within the 12-month period or submit another REI that includes the inspection fee for the uncompleted work. Inspection fees do not carry over from one REI to another. Subject to State of MN surcharge fees. Page 14 of 17 73 EXHIBIT E LANDFILL,GRADING AND EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill,whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards(38.2 m3)or less...........................................................................................No Fee 51 to 100 cubic yards(40 m3 to 76.5 m3)............................................................................$37.01 101 to 1,000 cubic yards(77.2 m3 to 764.6 m3)..................................................................$58.28 1,001 to 10,000 cubic yards(765.3 m3 to 7645.5 m3).........................................................$77.57 10,001 to 100,000 cubic yards(7646.3 to 7645.5 m3)-$77.57 for the first 10,000 cubic yards(7645.5 m3),plus$38.59 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof. 100,001 to 200,000 cubic yards(7645.6 m3 to 15,291.1 m3)-$424.86 for the first 100,000 cubic yards(7645.5 m3),plus$20.87 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof. 200,001 cubic yards(15,291.2 m3)or more-$633.55 for the first 200,000 cubic yards(15,291.1 m3),plus$11.42 for each additional 10,000 cubic years (7645.5 m3)or fraction thereof. Other Fees: Additional plan review required by changes,additions or revisions to approved plans (minimum charge-one-half hour) ......................................................................................$79.54 per hour* *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. TABLE A33B-GRADING PERMIT FEES* 0 to 100 cubic yards(40 m3 to 76.5 m3)..............................................................................$60.00 101 to 1,000 cubic yards(77.2 m3 to 764.6 m3)-$60.00 for the first 100 cubic yards (76.5 m3),plus$27.56 for each additional 100 cubic yards(76.5 m3)or fraction thereof. 1,001 to 10,000 cubic yards(765.3 m3 to 7,645.5 m3)-$308.04 for the first 1,000 cubic yards(764.6 m3),plus$22.84 for each additional 1,000 cubic yards (764.6 m3)or fraction thereof. 10,001 to 100,000 cubic yards(7,646.3 m3 to 7,645.5 m3)-$513.60 for the first 10,000 cubic yards(7,645.5 m3),plus$103.95 for each additional 10,000 cubic yards (7,645.5 m3)or fraction thereof. 100,001 cubic yards(7,645.6 m3)or more-$1,449.15 for the first 100,000 cubic yards (7,645.5 m3),plus$57.49 for each additional 10,000 cubic yards(7,645.5 m3) Page 15 of 17 74 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours........................................................$90.00 per hour (minimum charge—two hours) 2. Reinspection fees assessed under provision of Section 108.8................................$70.00 per hour 3. Inspections for which no fee is specifically indicated............................................$70.00 per hour (minimum charge—one-half hour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. Page 16 of 17 75