HomeMy WebLinkAboutOrd. #79, Second Series - Gas Franchise Ord. - CenterPoint Energy4779 BLOOM AVE
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PRESS PUBLICATIONS
(651) 407-1200 U111MAIPPILAED AIMQUINTSAIRIE NINGLUIDED NIN TOYAL AMOUNT DUE
STATE OF MINNESOTA)
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COUNTY OF RAMSEY )
Carter Johnson, being first duly sworn, on oath states as follows:
I am the publisher of the QUAD COMMUNITY PRESS, or the publisher's
designated agent. I have personal knowledge of the facts stated in
this Affidavit, which is made pursuant of Minnesota Statutes §331A.07.
2. The newspaper has complied with all of the requirements to constitute a
qualified newspaper under Minnesota law, including those requirements
found in Minnesota Statutes §331A.02.
3. The dates of the month and the year and day of the week upon which the
public notice attached was published in the newspaper are as follows:
Once a week, for one week, it was published on Tuesday, the 2nd day
of February, 2016.
4. The publisher's lowest classified rate paid by commercial users for
comparable space, as determined pursuant to §331A.06, is as follows:
a) Lowest classified rate paid by commercial users for
comparable space
b) Maximum rate allowed by law for the above matter
c) Rate actually charged for the above matter $ 8.65/inch
Mortizaae Foreclosure Notices. Pursuant to Minnesota Statutes §580.033
relating to the publication of mortgage foreclosure notices: The
newspaper's known office of issue is located in Ramsey County. The
newspaper complies with the conditions described in §580.033, subd. 1,
clause (1) or (2). If the newspaper's known office of issue is located in
a county adjoining the county where the mortgaged premises or some part
of the mortgaged premises described in the notice are located, a substantial
portion of the newspaper's circulation is in the latter county.
FURTHER YOUR AFFIANT SAITH NOT.
BY:
TITLE: Carter Johnson, Publisher
Subscribed and sworn to before me on this 2nd day of February, 2016.
a
Notary III::Odbll.ic
CITY OF
CENTERVILLE
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public Fights of way and public grounds.,
ORDINANCE NO. 60 SECOND D'
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TeresaAdopted by the Council this 27th day of January 2016.
Tom Wilharber, Mayor
Attest
Published,d Community Press on February 2, 2016.
Misc. Affidavit-Quad-lWk-Rev.docx
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THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY,
WXNESOTA, ORDAINS:
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.
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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. ADO ION OFF A.NC: IISE.
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.
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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- E JLAT NS.
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.
3.4. 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. Ea enc 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.
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4.2. Projects with Federal Fundin Relocation, removal, or rearrangement of any
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5.1. Indenmity of C . Company shall indemnify and hold the City harmless from aml
and all liabidity, on account of injury to persons or damage to property occasioned by
construction, maintenance, repair, inspection, the issuance of permits, or the operation of tb y
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Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified
losses or claims occasioned through its own negligence or otherwise wrongful act or ommissl
except for losses 1claims arising
out
of 1 alleging negligence the issuance
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pen -nits for, or inspection of, Company's plans or work.
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.
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. CRANGE 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
8.1. Form. During the term of the francluse 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,G9991CI-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
5J17µ
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 Seq. 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 14. 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
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ordinanceother City h. provisionsOrdinance, the provisions of this
Ordinance
10.2. Limitation on Applicabift. 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.
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Either party may propose at any time that this Franchise Ordinanceamended.
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amendatory ordinance. If the Company does not consent to the amendment, the ordinance
containing the amendment by
PASSED AND ADOPTED BY THE CITY COUNCIL THIS 27TH DAY OF JANUARY, 2016.
....
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Tom Wilharber
Mayor of the City of Centerville, Minnesota
Attest
City C letk, fi end.etn6 ll.e, Minnesota
(Published in the Quad Press dne day of.,,; ,,,,,,,, 2016)
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