HomeMy WebLinkAboutOrdinance - 18-2012 - XCEL Electric Franchise Ordinance - 06/19/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 18-2012
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, DB/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF EDEN PRAIRIE, 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 EDEN PRAIRIE, HENNEPIN 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 Cam. The City of Eden Prairie, County of Hennepin, 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 sanitary sewer, storm 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, d/b/a Xcel
Energy, 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
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City Administrator, City Hall, 8080 Mitchell Road, Eden Prairie, MN 55344. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other
ply.
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.8 Public Way. The area on, over or below any street, alley, walkway, bikeway,
public utility easement or other public right-of-way within the City in which the City has an
interest.
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 21613.40.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid
by City.
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
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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 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 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, 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
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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,
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.
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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. Relocation, removal, or rearrangement of any
Company Electric Facilities made necessary because of the extension into or through City 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 right herein granted to
Company is a valuable right. City shall not order Company to remove or relocate its Electric
Facilities when a Public Way is vacated, improved or realigned because of a renewal or a
redevelopment plan 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
and the loss and expense resulting therefrom are first paid to Company, but the City need not pay
those portions of such for which reimbursement to it is not available.
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 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
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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. 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 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.
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 not to exceed five percent (5%) of the Company's Gross Revenues, as hereinafter defined, by
collecting the amounts calculated on a flat fee basis as 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 $ 2.50
Sm C & I—Non-Dem $ 3.00
Sm C & I—Demand $ 10.00
Large C & I $ 45.00
Public Street Ltg $ 0.00
Muni Pumping—N/D $ 0.00
MuniPumping—Dem $ 0.00
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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. 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.
9.3.3 "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 the period for which payment is to be made
by imposing a surcharge equal to the designated franchise fee beginning on the agreed effective
date 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 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 may be 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
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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 quarterly 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.
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 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, 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
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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.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day
of June, 2012, and finally read and adopted and ordered published in summary form as attached
hereto at a regular meeting of the City Council of said City on the 19th day of June, 2012.
ATTEST:
K leers Porta, City Clerk Na a-Lu s, yor
Published in the Eden Prairie News on the 28th day of June, 2012.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 18-2012 (FRANCHISE)
AND
ORDINANCE 19-2012 (FRANCHISE FEE)
AN ORDINANCE (FRANCHISE ORDINANCE) GRANTING TO NORTHERN STATES
POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS
SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR
AND MAINTAIN IN THE CITY OF EDEN PRAIRIE, 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
AND
AN ORDINANCE (FRANCHISE FEE ORDINANCE) IMPLEMENTING AN ELECTRIC
SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF EDEN
PRAIRIE
Summaries:
This Franchise Ordinance grants Northern States Power Company, d/b/a Xcel Energy (the
"Company") a franchise to construct, operate, repair and maintain an electric distribution system
and transmission lines for the furnishing of electric energy in the City of Eden Prairie and to use
the public grounds and public ways of the City for such purposes. The ordinance regulates among
other matters the location of facilities, street openings and restoration obligations. The ordinance
further allows the City to impose on the Company a franchise fee which the Company will
collect from users.
The Franchise Fee Ordinance implements commencing in August, 2012 an electric service
franchise fee on the Company for providing electric energy within the City. The Franchise Fee
schedule is:
Class Amount per month
Residential $2.50
Sm C & I—Non-Dem $3.00
Sm C & I—Demand $10.00
Large C & I $45.00
Effective Date: This effective date of the Franchise Ordinance shall be from and after passage
of the Franchise Ordinance, its acceptance by the Company and its publication. The effective
date of the Franchise Fee Ordinance shall be after its publication and ninety (90) days after the
sending of written notice enclosing a copy of the adopted Franchise Fee Ordinance to the
Company by certified mail.
ATTEST:
K leen Porta, City Clerk yra- ikens,IM a
PUBLISHED in the Eden Prairie News on June 28, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF ORDINANCE 18-
2012(FRANCHISE)AND
ORDINANCE 19-2012
(FRANCHISE FEE)
AN ORDINANCE(FRANCHISE
ORDINANCE) GRANTING TO Affidavit of Publication
NORTHERN STATES POWER
COMPANY, A MINNESOTA COR-
PORATION,SU SUCCESSORS
AND
AS ASSIGNS,
Southwest Newspapers
ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT,
OPERATE, REPAIR AND MAIN-
TAIN IN THE CITY OF EDEN State of Minnesota
PRAIRIE,MINNESOTA,AN F.LEC-
TR1C DISTRIBUTION SYSTEM
AND TRANSMISSION LINES, )SS.
INCLUDING NECESSARY POLES, County of Hennepin )
LINES, FIXTURES AND APPUR-
TENANCES, FOR THE FURNISH-
ING OF ELECTRIC ENERGY TO
THE CITY, ITS INHABITANTS,
AND OTHERS,AND TO USE THE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
PUBLIC GROUNDS AND PUBLIC publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
WAYS OF THE CITY FOR SUCH herein stated as follows:
PURPOSES AND AN ORDINANCE
(I'RANC:HISE FEE ORDINANCE) (A) This newspaper has complied with the requirements constituting qualification as a legal
IMPLEMENTING EFRAN AN ELECTRIC newspaper,as rovided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as
SERVICE FRANCHISE FEE ON P Y PP
NORTHERN STATES POWER amended.
COMPANY, A MINNESOTA COR-
PORATION,D/B/A XCEL ENERGY, (B)The printed public notice that is attached to this Affidavit and identified as No. � 3J,
ITS SUCCESSORS AND ASSIGNS, was published on the date or dates and in the newspaper stated in the attached Notice and said
FOR PROVIDING ELECTRIC SER- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
VICE WITHIN THE CITY OFEDEN the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
PRAIRIE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Summaries:This Franchise Ord' and publication of the Notice:
nance
grants Northern States Power
Company, d/bia Xcel Energy(the abcdefghukhnnopgrstuvwxyz
"Company") a franchise to con- }
struct,operate,repair and maintain j
an electric distribution system and
transmission lines for the furnish-
ing of electric energy in the City of
Eden Prairie and to use the Public
grounds and public ways of the City
for such purposes.The ordinance Subscribed and sworn before me on
regulates among other matters the
location of facilities, street open-
ings and restoration obligations.
The ordinance further allows the
City to impose on the Company a this day of 2012
franchise fee which the Company
will collect from users.
The a anchise Fee Ordinance JYMM=JFANNE7E implements commencing in August, NOT2012 an electric service franchise MYCO
fee on the Company for providing
electric;energy within the City.The No u lic
Franchise Fee schedule is:
flrtys. .ABcLnl1 Lit Perm o_nth
Residential $2.50
Sm C&I-Non-Dem $3.00
Sin C&I-Demand $10.00
Large C&1 $45.00
Effective Date: This effective RATE INFORMATION
date of the Erjuuhise Ordinance
shall be from and after passage of Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
the Fr;inChfse Ordfn nce, its ac- Maximum rate allowed by law for the above matter..................................$31.20 per column inch
ceptance by the Company and its
publication. The effective date of Rate actually charged for the above matter...............................................$12.59 per column inch
public
the Franchise Fee Ordinance shall
be after its publication and ninety
(90)days after the sending of writ-
ten notice enclosing a copy of the
adopted Franchise Fiet,QXAlltance to
the Company by certified mail.
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk
(A full copy of the test of this
Ordinance is available from City
Clerk.)
(Published in the Eden Prairie
News on Thursday, June 28, 2012;
No.33,53)