Res. #16-009 - Adopting Summary - Excel Energy - Electric Franchise & Fees

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A RESOLUTION ADOPTING SUMMARY PUBLICATION OF ORDINANCE FOR XCEL ENERGY NATURAL ELECTRIC FRANCHISE WHEREAS, pursuant to proper notice duly given as required by law, the council has met and ordained as set forth below, and by a vote pursuant to Minn. Stat. Sec. 412.191, subd. 4, does, by at least a 4/5 vote, authorize publication of said Ordinances by summary publication. The following text is authorized for publication: "The following is the official summary of two Ordinances approved by the Centerville City Council on January 27, 2016. ORDINANCE NO. 81, SECOND SERIES: 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 purposed of the ordinance is to grant to this public Utility a 20 -year non-exclusive franchise to operate, repair and maintain an electric distribution system within the city limits of the City. The terms and conditions of service and the rates to be charged by the Utility for electrical energy are subject to the exclusive jurisdiction of the Minnesota Public Utilities Commission. The ordinance provides for a method of dispute resolution if either the City or the Utility asserts that the other party has defaulted in the terms of the franchise ordinance. The ordinance provides that all 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. The ordinance authorizes the Utility to collect a franchise fee on behalf of the City to be used to defray the cost to construct and maintain public infrastructure. The ordinance also provides that the Utility shall indemnify and hold the City harmless from liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operations of the electric facilities located in the City's public rights of way and public grounds.