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10-09-12 CM Agenda PacketAGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room October 9, 2012 6:30 pm or immediately following the HRA Meeting Pages 2013-2014 Pavement Management Program 2-3 2. CenterPoint Energy Franchise Fee 4-29 3. 2013-2014 Other Funds Proposed Budget and 2013-2017 Capital Improvement 30 Program (CIP) 4. Neighborhood Meeting Updates Council/Manager meetings have an informal, discussion -style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is available in alternate formats upon a 72 -hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 31 a Public Warks Department 763-593-8030 / 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting October 9, 2012 Agenda Item 1. 2013-2014 Pavement Management Program: Project Update Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary At its December 6, 2011 meeting, the City Council directed staff to prepare a feasibility report for the 2013 and 2014 Pavement Management Program (PMP). The proposed project included rehabilitation of 2.2 miles of local streets. At a subsequent Council/Manager meeting, the City Council directed staff to split the initial project into two projects. The resultant feasibility report for these projects includes rehabilitation of 1.0 miles of streets in 2013; and 1.2 miles of street in 2014. The streets included in each project are shown on the attached project location map. Several issues have arisen during the preliminary design and public participation process of the projects. These issues, which will be discussed within the text of the feasibility report, are as follows: • Opportunities for water quality improvements. Coordination with 2013 construction of Metropolitan Council Environmental Services forcemain. Street widths. Staff will be prepared to discuss these issues at the October 9, 2012 Council/Manager meeting. Attachments • Proposed 2013-2014 PMP Areas (1 page) The proposed project schedule for the 2013 PMP is as follows: Public Hearing November 7, 2012 Special Assessment Hearing Winter 2012/2013 Award Contract February/March 2013 Begin Construction April/May 2013 Complete Construction Fall 2013 The proposed project schedule for the 2014 PMP is as follows: Public Hearing Special Assessment Hearing Award Contract Begin Construction Complete Construction Attachments • Location Map (1 page) November 7, 2012 Winter 2012/2013 February/March 2014 April/May 2014 Fall 2014 Z C N� J M z z O m i1 t7 p` > O A a d 3 chaper Rd ro ro 0 a N 3 o 0 N Frontage Rd � H Olson Memorial Hwy Hwy 55 N Frontage Rd S Front Rd Olson Memorial Hwy rontage Rd (7 z 55 HWY P Hx S frontage Rd N Frontage Rd Rd o n I HwY S Frontage i J10 Q ° ° overleaf . �` l e K• stop Cir m9 te` rtes / z ,i Ti Woodstock Ave `w m > Ha ro Q z eyt !^`�_ z o m -� .ri.. 90 f�q1- 0 at ° F° e<\s Z10 2014 MeaoyerRd U 2013 g 'W z va p `o 4foo o � Loring ° C a�ste�l o S otN A Z o m W •O � q d' u V ' Lifac z z Ro Q O - m unty Rd 40 Glenwood Ave i `. > y A z n v C °untyRtl x m z __ 1 rEi 40 0 Q Y m Glenwood Ave x N W N t d Q > :[ U c Turnpike F to y v a m Kr�9 �o ti a ; yi > e O ARM,m Colonial Or c Laurel Ave Laurel Ave- o Turnpike �O 100 h t�- N ^ ^ 'r N > ay_ N ur G v° son Rd c 'Pik. Rd u A z > a y o > o . Q U ro ClrCla, in n v arils ^-r I Golden Hills Dr Down E ° Edgety v y' Circle Down Sources: Print Date: 2/7/2012 -Hennepin County Surveyors Dice Proposed 2013 -2014 PMP Areas for Property Lines (2011) and Aerial Photography (2009). 0 385 770 e 1'4 ". Public Works Department 763-593-8030 / 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting October 9, 2012 Agenda Item 2. Discussion Regarding CenterPoint Energy Franchise Fee Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary At the September 11, 2012 Council/Manager meeting, staff presented a plan for a franchise fee on CenterPoint Energy to provide funding for several necessary City infrastructure improvements. The Council directed staff to provide the following additional information at the October 9, 2012 Council/Manager meeting: 1. Provide examples of customers that are in each classification. Although CenterPoint cannot provide the classification of specific businesses because it is private customer information, they have provided a description of the usages and some typical types of facilities that are under each classification: Residential - All residential customers that have individually metered services. Commercial A - Commercial properties using less than 1,500 Therms/Yr (includes barber shops, pet shops, small retail). Commercial/Industrial B - Commercial and industrial properties using between 1,500 and 5,000 Therms/Yr (includes animal hospitals, car care centers, large grocery stores). Commercial/Industrial C - Commercial and industrial properties using over 5,000 Therms/Yr (includes restaurants, big box stores). Small Volume Dual Fuel A - Customers that have dual fuel capability (oil, electric, propane) and use less than 120,000 Therms/Yr (smaller elementary schools). Small Volume Dual Fuel B - Customers that have dual fuel capability and use over 120,000 Therms/Yr (clinics, high schools). Large Volume Dual Fuel - Customers that use more than 2,000 Therms/Day (large hospitals, foundries, asphalt plants). These are the first customers to get their service suspended when demand is high. Dual fuel customers are subject, under their agreements with CenterPoint, to be restricted from gas supply when gas demands are highest. 2. Does CenterPoint Energy have a rate structure that includes a percentage of use or a structure that incorporates a base rate plus a rate based on the customer's usage? CenterPoint prefers the flat rate structure; however, they do have a rate structure that incorporates a percentage of revenue. They do not currently have one that includes a base rate plus percentage of use and would not consider two types of rates stating that it could be construed as price fixing. CenterPoint notes that the percentage system is more variable because it not only takes into account the number of users that are being charged in any given quarter (as noted in the existing Xcel agreement), but also the amount collected varies due to weather conditions (CenterPoint has experienced up to 30% difference in quarterly revenue). In order to anticipate revenue more accurately, staff recommends utilizing a flat rate system. To be compatible with the rate structure set for the Xcel Franchise Fee, staff recommends that the following structure be considered: REVENUE PREDICTION MODEL #1 Allows for a different flat fee to be assessed by each rate class (per meter) Weather Normal Flat Rate Franchise Fee Average annual No. of Fee per No. of Revenue percent for each rate Rate Class Meters Month Months (Yearly) class Residential 7,345 2.00 12 $176,280 2.87% Com - A 278 22.50 12 $75,060 39.45% Com/Ind-B 214 22.50 12 $57,780 11.73% Com/Ind-C 289 22.50 12 $78,030 2.97% SVDF - A 38 206.00 12 $93,936 9.83% SVDF - B 7 206.00 12 $17,304 2.80% LVDF 5 206.00 12 $12,360 2.08% TOTAL 8,176 $510,750 4.40% *Rate Class Key: SVDF = Small Volume Dual Fuel Com = Commercial LVDF = Large Volume Dual Fuel Com/Ind = Commercial / Industrial 3. Provide options for a sunset on the franchise agreement. Staff offers the following three options for a sunset for the franchise agreement: Option 1- End the surcharge when all projects listed in previous executive summary (see attached) are completed and paid for. Option 2 - Expire after 30 years with an option that the current Council at that time could extend the agreement for other current infrastructure projects. Option 3 - No sunset on the franchise. 4. Provide Xcel Energy's franchise fee rates for natural gas. Xcel's franchise rates in other Minnesota cities have been attached. The proposed milestone schedule for adoption of the ordinance for a franchise fee with CenterPoint Energy is as follows: Adoption of Franchise Agreement with CenterPoint Energy Council/Manager Meeting - CenterPoint Franchise Fee Discussion Council/Manager Meeting - CenterPoint Franchise Fee Discussion Council/Manager Meeting - CenterPoint Franchise Fee Discussion Council Meeting - Call for Public Hearing Publication of City Newsletter with information about the new ordinance and a News Release Publication of City Newsletter with Public Hearing for New Ordinance Publication of News Release Council Meeting - Public Hearing for First Consideration of Proposed Ordinance Council Meeting - Public Hearing for Second Consideration of Proposed Ordinance May 2003 September 11, 2012 October 9, 2012 November 13, 2012 November 20, 2012 Late November, 2012 Nov/Dec 2012 December 1, 2012 December 18, 2012 January 2, 2013 Publication of Adopted Ordinance (effective on January 11, 2013) January 10, 2013 Commencement of Franchise Fee Collection (60 days after CenterPoint April 2013 Notification) Once the Council has given staff direction regarding the above issues, a franchise ordinance will be finalized for review at the November 13, 2012 Council/Manager Meeting. Attachments • Executive Summary for the September 11, 2012 Council/Manager Meeting including the CenterPoint rates for other municipalities (4 pages) • Xcel Energy Franchise Fees (4 pages) • DRAFT Ordinance Amending Ordinance 279, 2nd Series Implementing a Gas Energy Franchise Fee on CenterPoint Energy Minnesota (3 pages) • Ordinance 279, 2nd Series Amending City Code for Gas Franchise Fee - CenterPoint Energy Minnegasco (5 pages) • Ordinance 447, 2nd Series Electric Franchise Ordinance - Northern States Power d/b/a Xcel Energy (4 pages) • Ordinance 456, 2nd Series an Ordinance Amending City Code Electric Franchise Fee Ordinance 447 (2 pages) Public Works Department 763-593-8030 / 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting September 11, 2012 Agenda Item 2. b. Discussion Regarding CenterPoint Energy Franchise Fee Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary As part of the budget process, staff annually updates the Capital Improvement Program for consideration by City Council. Over the past several years, projects have been delayed because adequate funding sources are not available to properly fund the City's infrastructure needs. Therefore, staff requests that Council consider a franchise agreement with CenterPoint Energy. The rate structure for the franchise fee could be similar to the fee that is collected by Xcel Energy and is dedicated to fund the Douglas Drive project. Some of the current unfunded Capital Improvement Projects are listed below (not necessarily in priority order): 1. Reconstruction of Zane Avenue from Golden Valley Road to TH 55 North Frontage Road Reconstruction of Lindsay Street from Zane Avenue to Lilac Drive 3. Reconstruction of Golden Hills Drive from Colorado Avenue to Turners Crossroad 4. Winnetka Avenue intersection improvements from Harold Avenue to TH 55 5. Intersection improvements on the south side of TH 55 at Douglas Drive 6. Reconstruction of the intersection at Glenwood Avenue and Ottawa Avenue North 7. Updating the existing trail and walk system to meet current Americans with Disabilities Requirements 8. Construction of new walk and trail facilities identified on the City's Trail and Walk Priority Map 9. Implementation of the pavement preservation component of the Pavement Management Policy (overlays, etc.) 10. Douglas Drive (TH 55 to Medicine Lake Road); as needed to assist with any shortfall in funding that the project may experience The following table shows the revenue that may be received by the City from a franchise fee with CenterPoint Energy that is comparable to the current Xcel fee (using the model provided by CenterPoint Energy): REVENUE PREDICTION MODEL #1 Allows for a different flat fee to be assessed by each rate class (per meter) Weather Normal Flat Rate Fee No. of Franchise Fee Average annual percent Rate Class No. of Meters per Month Months Revenue (Yearly) for each rate class Residential 7,345 2.00 12 $176,280 2.87% Com - A 278 22.50 12 $75,060 39.45% Com/Ind-B 214 22.50 12 $57,780 11.73% Com/Ind-C 289 22.50 12 $78,030 2.97% SVDF - A 38 206.00 12 $93,936 9.83% SVDF - B 7 206.00 12 $17,304 2.80% LVDF 5 206.00 12 $12,360 2.08% TOTAL 8,176 $510,750 4.40% *Rate Class Key: SVDF = Small Volume Dual Fuel Com = Commercial LVDF = Large Volume Dual Fuel Com/Ind = Commercial / Industrial See the attached CenterPoint Energy Franchise Fee Rider for information about franchise rate structures for other cities in Minnesota. Upon Council direction, staff will work with CenterPoint to develop an agreement to present to the Council for the franchise fee. Attachments CenterPoint Energy Franchise Fee Rider Schedule (2 pages) i1;?T,t Section V Sixth Revised Page 24 Replacing Fifth Revised Page 24 FRANCHISE FEE RIDER Billing of Franchise, Gross Earnings, Receipts or Revenue Tax, Excise Tax or Other Charges or Taxes There shall be added to the customer's bill, an amount equal to any franchise gross earnings, excise or other charges or taxes now or hereafter imposed upon CenterPoint Energy, whether imposed by ordinance, franchise or otherwise applicable to gas service supplied by CenterPoint Energy to customer. The Company remits 100% of these fees collected from ratepayers to the local governmental unit. The Company will notify the Minnesota Public Utilities Commission of any new, expired, or changed franchise fee, authorized by Minn. Stat. § 216B.36 to raise revenue, 60 days prior to its implementation. Notification to the Minnesota Public Utilities Commission will include a copy of the relevant franchise ordinance, or other operative document authorizing imposition of the fee. The Company will include the following language on the first bill of a customer on which a new or modified fee is listed: The MUNICIPALITY granted CenterPoint Energy a franchise to operate within the city Limits. A Gas franchise fee of x.x% gf Gross Revenues/$x.xx Per Meter/$x.xx per Therm will be collected from customers effective MM/DD/YYYY. The line item appears on your bill as "City Franchise Fee." CenterPoint Energy remits 100% of this fee to the MUNICIPALITY. Note: Percents are calculated on percent of revenue. Date Filed: July 30, 2012 Effective Data: October 1, 2012 Docket No: G -008/M-12-838 Issued by: Jeffrey A. Daugherty, Director, Regulatory and Legislative Activities Small Large Com -A Less than Com/Ind B 1,500 > or Com/Ind C Volume Dual Fuel SVDF B Volume Dual Effective City Residential < 00 > 5,000 A > 120,000 Fuel >1,998 Date therms/yr e,0msS//yr thererrn therms/yr < 120,000 therms/yr therms Peak therms/yr Day Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 01/01/2005 Alexandria 5% 5% 5% 5% 5% 5% 5% 04/01/2004 Anoka $3.00 $3.00 $8.75 $38.20 $81.80 $327.25 $981.80 01/01/2012 Benson $2.00 $3.33 $4.00 $10.00 $13.33 $20.00 $50.00 01/01/2010 Blue Earth $2.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 12/01/2003 Brooklyn Center $152 $1.58 $5.15 $20.60 $51.50 $98.88 $98.88 05/12/2009 Champlin $2.50 $2.50 $8.00 $35.00 $70.00 $125.00 $125.00 01/01/2009 Coon Rapids 4% 4% 4% 4% 4% 4% 4% 01/01/1992 Cottage $165 $4.95 $8.25 $8.25 $16.50 $16.50 $24.75 01/01/2010 Grove Deephaven $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 02/04/2002 Eagle Lake $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 10/01/2012 Eden Prairie $2.50 $3.00 $10.00 $45.00 $45.00 $45.00 $45.00 10/01/2012 Excelsior $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 10/15/2005 Granite Falls 5%1$1,500 5%/$1,500 5%/$1,500 5%/$1500 5%/$1,500 5%/$1,500 5%/$1,500 03/31/2005 maximum maximum maximum maximum i maximum maximum maximum Hopkins $1.70 $1.70 $5.00 $15.00 $30.00 $105.00 $105.00 01/01/2012 Note: Percents are calculated on percent of revenue. Date Filed: July 30, 2012 Effective Data: October 1, 2012 Docket No: G -008/M-12-838 Issued by: Jeffrey A. Daugherty, Director, Regulatory and Legislative Activities Section V Sixth Revised Page 24.a Replacing Fifth Revised Page 24.a City Residential Com -A Less than 1,500 thermslyr Com/lnd B 1,500 > or < 5,000 therms/ r Com/Ind C > 5,000 therms/yr Small Volume Dual Fuel A < 120,000 therm SVDF B > 120,000 thermstyr Large Volume Dual Fuel >1,999 therms Peak Day Effective Date Lake Crystal 5°% 5% 5% 5% 5% 5% 5% 08/01/2003 Lexington 3% 3% 3% 3% 3% 3% 3% 10/01/2010 Little Falls $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 01/01/2004 Long Prairie $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 01/01/2007 Mankato $.95 $2.50 $5.25 $12.00 $15.00 $20.00 $25.00 10/01/2008 Melrose 3.00/6 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 01/01/2013 Minneapolis 4.50% 5% 5% 5% 5% 5% 3% 01/01/1992 Morris $2.00 $5.00 $9.00 $27.00 $35.00 $35.00 $750.00 07/01/2004 Mound $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 02/01/2011 Mounds View 4% 4°% 4% 4% 4% 4% 4% 01/01/2012 New Hope $1.50 $3.00 $6.00 $20.00 $30.00 $40.00 $60.00 01/01/2004 North Mankato $100 $5.00 $10.00 $15.00 $20.00 $30.00 $75.00 06/01/2008 Oakdale $1.50 $5.00 $5.00 $8.00 $17.00 $17.00 $17.00 01/01/2011 Osseo 2% 2% 2% 2% 2% 2% 2% 3/1/2012 Owatonna 1.75% 1.75% 1.75% 1.00% 1.000/0 1.00% 1.00% 01/01/2003 Prior Lake $1.50 $1.50 $5,00 $5.00 $10.00 $10.00 $50.00 07/01/2006 Richfield $2.05 $2.05 $6.33 $14.08 $14.08 $14.08 $14.08 08/01/2010 Robbinsdale 4% 4% 4% 4°% 4% 4% 4% 06/01/2011 Sauk Centre 3% 3% 3% 3°% 3% 3°% 3% 07/01/2012 Sleepy Eye 2°% 2% 2% 2% 2% 2% 2°% 01/01/1998 St. Augusta $3.00 $5.00 $5.00 $5.00 $3.00 $3.00 $5.00 0110312010 St. Louis Park $2.00 $2.00 $4.00 $13.25 $13.25 $13.25 $73.00 02/01/2011 Waseca $1.40 $1.80 $5.00 $16.00 $100.00 $150.00 $300.00 09/01/2010 Winnebago $1.50 $1.50 $4.25 $10.50 $11.00 $50.00 $75.00 12/1/2011 Winsted $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 04/01/2012 Note: Percents are calculated on percent of revenue. Date Filed: July 30, 2012 Effective Date: October 1, 2012 Docket No: G -008/M-12-838 Issued by: Jeffrey A. Daugherty, Director, Regulatory and Legislative Activities Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO.2 SURCHARGE RIDERS NO. 1 $ 2 DETERMINATION OF CHARGES UNDER THIS RIDER Customer bills under this rate will Include the specific charges listed below. Section No. 5 6th Revised Sheet No. 44 RIDER NO.1 A surcharge will be included in the monthly customer bills in Minnesota communities in an amount equal to any franchise gross earnings or other fee, permit or usage fee, excise, city sales or other charge or tax now or hereafter imposed upon Company by a community, whether by ordinance, franchise or otherwise, applicable to gas service supplied by Company to a customer. The Company remits 100% of these fees collected from ratepayers to the local government unit. The Company will notify the Minnesota Public Utilities Commission of any new, expired, or changed fee at least 60 days prior to fee implementation. Notification to the Minnesota Public Utilities Commission will include a copy of the relevant ordinance or other action. Affected customers will be notified on the first bili on which a new or modified fee is listed via the standard bill message below. [The municipality] imposes a (XYoof gross revenues/$X per mefer/$X per kWh4X per therm] fee on Xcel Energy coWctable through a fee on Xcel Energy (elecbfcJgas] accounts effective [effective date]. The line item appears on your bill as `City Fees." Xcei Energy remits 100% of this fee to [the municipality]. RiDER NO.2 A surcharge as designated will be included in the monthly minimum charge for bills in the following Minnesota areas: Customers Residential Commercial and industrial Small Interruptible Large General Large Interruptible Firm Transportation Interruptible Transportation Ex Ira ion Date No New Area Surcharges are currenq in effect. Date Filed: 06-13-11 By: Judy M. Poled Effective Date: President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: S:tGeneral OffiwrGOA1\PSF1RA%Rat"s Cuff* Mn_gaslMR-5-44-rDS.doc 10-05-11 10-05-11 T T T Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES Section No. 5 Original Sheet No. 44.1 iL Franchise and other city Lees, as designated below will be included in the customers' monthly bilis computed under the indicated rate Gasses and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. indicates fee is not applied May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. Ftacftlsa Pees ti Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 0t2M 06110=24 Bayport $1.25 $10.00 $25.00 $10.00 $50.00 $10.00 $10.00 0212011 12i'31129'i3 Chisago City $1,00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 0812008 17JU12029 Cottage Grove $1,85 $4.95 $8.25 $16.50 $24.75 $24.75 $24.75 0118010 1110400 Delano $0.0391 $0.0391 $0.0391 $0.0391 $0,0391 $0.0391 $0.0391 8112003 pertherm pertherm pertherm pertherm per therm pertherm pertherm East Grand Forks 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 1212006 1211W=5 Fadbault' $1.62 $3.78 $32.40 $91.80 $270.00 - 0101006 i11091k024 Goodview $2.35 $3.50 $55.00 $30.00 - 07126 04130/3023 Lake City 2,0% 2.0% $0.005 $0.005 $0.005 $0.005 $0.005 0512011 0412912013 partherm pertherm pertherm pertherm pertherm Lindstrom $1.00 $3.00 - $30.00 - - - Oti12009 1213112029 5.0% small Moorhead 510 5.0% 5.0% 5.0% $0.005% 5.0% $0.005 E>A111101 07p1/?f14 per therm pertherm medium 8 large t Faribault: The franchise fee excludes the city, invoices to the city, or meters on city facilities or property. (Continued on Sheet No. 5-44.2) Date Filed: 07-06-10 By: Judy M. Pofed Effective Date: 03-23-11 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/0-09-970 Order Date: 03-23-11 S:tOeneraI.Oflic"40-0I PSRRA%Rat&x%CwmnflMn_gasVAL5_44-01.doc Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO.2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 1st Revised Sheet No. 44.2 Frenchise and other city fees, as designated below will be Included in the customers' monthly bilis computed under the indicated rate Gasses and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. indicates fee is not applied May Include Negotiated Transportation Service. Any future NTS customer In a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. FranctFise Fen M. 11 1 i c] t aid, oil la r Mounds View 4% 4% 4% 4% 4% 4% 4% 0112012 1213112012 New Brighton $0.017 per therm $0.016 pertherm $0.005 pertherm $0.005 pertherm $0.005 pertherm $0.005 pertherrn $0.005 per therm 0112003 11=022 Newport $1.00 $5.00 $10.00 $15.00 $15.00 $15.00 $15.00 0172011 107141M North St. Paul 2.75% 2.75% $0'005 pertherm $0.005 per therm $0.005 pertherm $0.005 pertherm $0.005 pertherm 1211996 06!0712018 Oakdale $1.00 $4.50 $7.50 $15.00 $15.00 $15.00 $15.00 0017006 10/2712029 Sauk Rapids $2.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 WWI 0871sr= South St. Paul 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 0712000 06/30=5 St. Augusta $3.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 OW2010 03101=30 (Continued on Sheet No. 5-44.3 Date Filed: 10-12-11 By: Judy M. Poferl Effective Date: 01-01-12 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 g;lGweral- trices-G401TSF1RA1RatemCumMIMn_ga&%Mg-5 41-02N1.doc Order Date: 03-23-11 RC Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO.2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 Original Sheet No, 44.3 W Franchise and other city fees, as designated below will be included in the customers' monthly bilis computed under the indicated rate classes and effective In the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. -- Indicates fee is not applied May include Negotiated Transportation Servioe. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. f1<xetui�se Fees eti t t i7 U li. LL G St. Cloud' 3.0°x6 3.0% 3.0% 3.0% 3.0% 3.0% 0t2007 0W3V2027 small St. Joseph $1.00 $1.75 $10.00 $0.005 $0.005 $0.005 $0.005 CZ2004 1III &2IX2 perthenn per therm pertherm per therm St, Paul; See fee schedule in the Notes section on the following sheets. 111x007 OBW/2026 St. Paul Park $1.50 $4.00 $30.00 $15.00 $335.00 $150.00 $15.00 0&005 05i1t3=25 Stillwater $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 1212003 0eC3Qt201s5 ' St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November — April. s Sl. Paul: The monthly franchise fee will be as stated below. The residential service franchise fee will be as stated except during the winter months, November - April when there will be no fee. The fee shall not exceed $50,000 during any calendar year from any negotiated transportation service customer. The schedules below show the meter and demand factor for each year of the St. Paul franchise and for each of the customer classifications. N Continued on Sheet No. 5-44.4) Date Filed: 07-06-10 By: Judy M. Poferl Effective Date: 03-23-11 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:%General-Ofms-GO-01IPSFWAUtatescurenflMn_9asWg_5 44-03.doo ORDINANCE AMMENDING CITY CODE 279, 2nd SERIES IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF GOLDEN VALLEY, MINNESOTA THE CITY OF GOLDEN VALLEY 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 Golden Valley, County of Hennepin, State of Minnesota. (2) Company. CenterPoint Energy Minnesota Gas ("CenterPoint )Energy"), its successors and assigns. (3) Franchise Agreement. The franchise agreemtat,bet,%-= the City and Company pursuant to City Ordinance 279. (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 CenterPomt Energy, Minnesota Division Vice President,. $00 LaSalle Avenue, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 7800 Golden Valley :Road, Golden Valley, MN 55427. (b) Purpose. The Golden Valley City Council lig determined that it is in the best interest of the City to impose a franchise fee mi those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a fianchise fee on Company. (c) Frandhive Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the February, 2012 billing month, and in accordance with the following fee schedule: Customer Classificati Residential Firm A Firm B Firm C Small Volume, Dual Fuel A ("SVDF A") Small Volume, Dual Fuel B ("SVDF B") Large Volume, Dual Fuel ("LVDF") Amount per Account per Month ($) $ 2.00 per month $ 22.50 per month $ 22.50 per month $ 22.50 per month $206.00 per month $206.00 per month $206.00 per month Model Franchise Fee Ordinance CenterPoint Energy 10-25-11 (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 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 tie City will be adjusted where the Company is unable to collect the franchise fee. This includes non -collectible accounts. (h) Surcharge. The City recognazes,that the Minnvwta Public Ltilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee. (i) Dispute Resolution. If eat er party awerts that the other party is in default in the performance of any obligatlon'hercunder, the cornplaumng party shall notify the other party of the default and the desired tetnedy. The notification shall be watt= 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 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. 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. Model Franchise Fee Ordinance CenterPoint Energy 10-25-11 0) Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager 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. (m) Permit Fees. The Company will administer the collection and payment of franchise fees to the 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 so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as though this provision did not exist. (2) The Company requests the fee to be waived at the time of application. Section 2: Effective Date. This ordinance talo effect as provided herein. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 2rtd DAY OF January, 2013. Mayor ATTEST: City CIA (Published in the SunP(*t the day of Model Franchise Fee Ordinance CenterPoint Energy 10-25-11 ORDINANCE NO. 279, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Gas Franchise - CenterPoint Energy Minnegasco AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, 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 GOLDEN VALLEY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF, THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, 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: City. The City of Golden Valley, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including 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 Minnegasco, a division of CenterPoint Energy Resources Corporation, a Delaware corporation, 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 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 public or private use. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Non -Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. ORDINANCE NO. 279, 2ND SERIES PAGE 2 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed to the City Manager, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427-4588. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Public right-of-way within the City as defined in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. 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 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. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. 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 lawful regulations as may be adopted by separate ordinance and as currently exist under City Code Sections 7.01-7.31 of Chapter 7 ("Chapter 7"), or as they may be lawfully amended from time to time during the franchise term. By agreeing to the City's right to incorporate amendments to Chapter 7 into this Ordinance during the franchise term, Company does not waive its right to challenge any such amendment, in accordance with Section 2.5 of this Ordinance and based on the limits of City police power authority under Minnesota law. The Company shall be notified 60 days in advance of proposed changes to Chapter 7. If a provision of Chapter 7 conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its 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 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas 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. ORDINANCE NO. 279, 2ND SERIES PAGE 3 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid 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 permitted by law. 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 the franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under Chapter 7, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to Chapter 7. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. 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 and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five working days, have the right to make the restoration of the Public Ground 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. 3.3. Waiver of Performance Security, 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 Chapter 7 currently or in the future. The City reserves all other rights under Chapter 7 to enforce Company performance requirements for work in the Public Way or Public Ground. ORDINANCE NO. 279, 2ND SERIES PAGE 4 3.4. 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. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to Chapter 7. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds 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 Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. 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 highway project shall be governed by the provisions of Minnesota Stautes Section 161.46, as supplemented or amended. The City is not obligated to pay Company for those portions of its relocation costs for which City has not received federal funding. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. 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 6. FRANCHISE FEE. 6.1. Reservation of Rights. The City reserves all rights under Minn. Stat. § 21613.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State District Court, Hennepin County, to construe their respective rights under the law, subject to all rights of appeal. ORDINANCE NO. 279, 2ND SERIES PAGE 5 SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. 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. 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 8. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. 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 60 days after the effective date of the amendatory ordinance. SECTION 9, PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise shall terminate. Adopted by the City Council this 20th day of May, 2003. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Donald G. Taylor Donald G. Taylor, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code.) ORDINANCE NO. 447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY THE CITY OF GOLDEN VALLEY ORDAINS: SECTION 1. The City Code is hereby amended as follows: Subd. 1. Purpose. In order to defray infrastructure and related costs of the Douglas Drive Reconstruction Project ("Project"), the 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 Golden Valley pursuant to City Ordinance No. 394, 2nd Series, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy ("Company"). Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The fee and payment schedule is attached hereto and made a part of this ordinance. The Company will begin collection of the fee, after notice to customers, within sixty (60) days after the City Council adopts this ordinance. Except as modified in this Ordinance, the City reaffirms the provisions of Ordinance 394, 2nd Series, including its right to modify this franchise fee. Subd. 3. Payment and Fee Desiqn. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account -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. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. ORDINANCE NO, 447, 2ND SERIES PAGE 2 Subd. 5. Right of Way Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Company of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code ("Permit Fees"), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company thirty (30) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 394, 2nd Series. Subd. 6. Record Support for Payment. Company 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. 7. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series. Subd. 8. 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 later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Company by certified mail. Fee collection under this ordinance will commence in accordance with the terms set forth in subdivision 2. Subd. 9. City Use of Franchise Fees Collected by the Company and Sunset of Fee. The City shall use the fees collected by Company only for infrastructure costs incurred on the Project and for no other purpose. For purposes of this ordinance, infrastructure costs on the Project shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated Project administration and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately -owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights-of-way or other public ground for the Project. The City Council shall determine the sunset date for this fee at the time it is advised of a maturity date certain for bonds issued to finance the Project. The fee sunset date shall be on or about the latest maturity date of any bonds issued to finance the Project. SECTION 2. This ordinance takes effect as provided herein. ORDINANCE NO. 447, 2ND SERIES Adopted by the City Council this 5th day of October, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). Published in the New Hope -Golden Valley Sun Post on November 11, 2010. PAGE 3 ORDINANCE NO. 447, 2ND SERIES PAGE 4 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthly Residential $ 2.00 Small Commercial & Industrial - Non -Demand $ 2.00 Small Commercial & Industrial - Demand $ 22.50 Large Commercial & Industrial $206.00 Franchise fees are to be collected by the Company in the amounts set forth in the above schedule, and 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 ORDINANCE NO. 456, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Electric Franchise Fee Ordinance No. 447 City of Golden Valley, Hennepin County, Minnesota The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing Section 1, subd. 2, to read as follows: Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The Company has agreed to collect and pay the franchise fee, set forth in Subd. 3, provided however that the fee will not be the cause of a customer to cease or substantially reduce its electric energy purchases from the Company by modifying equipment, or installing new equipment ("New Equipment") due to the fee surcharge, to use a form of energy (including electricity not purchased from Company) subject to a lesser or no fee payable by the energy supplier to City. It is agreed by City that Company, at its reasonable discretion and upon 30 days prior written notice to City, may agree with any customer that has clearly demonstrated its intention and ability to install New Equipment and switch to another energy supplier, to eliminate or reduce the franchise fee Company would otherwise collect to the amount, if any, of the fee imposed by City on the supplier of the energy the customer would use if New Equipment were used, but only to the extent the customer agrees to use electricity purchased from Company in lieu of such other energy available to the customer which is not subject to a City fee or which is subject to a lesser City fee. The proposed reduction or elimination of the fee may become effective 30 days after the date of the above -referenced notice, unless the City Manager delivers to Company, prior to such 30th day, a written statement objecting to the Company's proposed reduction or elimination of the fee. In the event the City Manager objects to such proposed reduction or elimination of the fee, the Company may notify City in writing of its intent to resolve such dispute pursuant to Section 2.5 of the Franchise Agreement. No Company reduction or waiver of the fee shall otherwise affect its obligation to collect fees from other customers pursuant to this Ordinance. If the fee is waived or reduced for a customer, the City may annually request a review of the customer reduction or waiver for continued justification. All disputes over continued fee waiver reduction shall be resolved pursuant to Section 2.5 of City Ordinance No. 394, 2nd Series. Section 2. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by adding subd. 4, set out below and renumbering the remaining subdivisions 4 - 9, inclusive as 5-10, inclusive. ORDINANCE NO. 456, 2ND SERIES PAGE 2 Subd. 4. Periodic Fee Adjustment. City has estimated that the franchise fee will provide the City with approximately $630,000.00 in annual revenue for the Project costs ("Estimate"). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate will not meet Project costs as defined in Subdivision 10, upon notice to the Company, the City may increase or decrease the fee from time to time to achieve the revenue necessary to cover Project costs; provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5%) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet Project costs and does not relate to any additional franchise fee greater than the Project costs or fee for another public purpose as allowed by law that the City may seek to impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 394, 2nd Series to establish such fee pursuant to a separate ordinance. Section 3. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing"thirty (30) days" to "sixty (60) days" in Section 1, subd. 6. Section 4. The City Code in Chapter 25, Ordinance No. 447, Second Series is hereby amended by deleting the word "Franchise" in the first sentence of Exhibit A attached thereto and replacing it with the words "Subject to Subdivisions 2 and 4 of this Ordinance, franchise". Section 5. This Ordinance is effective upon its passage and publication. Adopted by the City Council this 15th day of March, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). Published in the New Hope -Golden Valley Sun Post on March 24, 2011. r a\ Finance Department 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley Council/Manager Meeting October 9, 2012 Agenda Item 3. 2013-2014 Other Funds Proposed Budget and 2013-2017 Capital Improvement Program (CIP) Prepared By Sue Virnig, Finance Director Summary At the October 9 Council/Manager meeting, the Council will be reviewing the following budgets: • Brookview Golf Course Fund (Enterprise) • Human Services Fund (Special Revenue) • Motor Vehicle Licensing (Enterprise) Council will review the following sections of the 2013-2017 CIP: • Brookview Golf Course Appropriate staff will be in attendance to discuss the proposed budgets and sections of the CIP. Attachments • Bring your 2013-2014 Other Funds Budget (previously delivered) • Bring your 2013-2017 Capital Improvement Program (previously delivered) city golden It MEMORANDUM valley City Administration/ Council 763-593-8003 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting October 9, 2012 Agenda Item 4. Neighborhood Meeting Updates Prepared By Thomas Burt, City Manager Summary At the October 2 City Council Meeting the Council requested this item be placed on the October Council/Manager agenda.