Mar 9, 2015 - City of Le Sueur

Transcription

LE SUEUR CITY COUNCIL AGENDA
Monday, March 9, 2015
203 South Second Street
6:30 P.M.
1. Call to Order
2. Pledge of Allegiance
3. Approval of the Agenda
4. Presentations - None
5. Consent Agenda – All items on the Consent Agenda are considered routine and have been made available to the City
Council at least two days in advance of the meeting; the items will be enacted in one motion. There will be no separate
discussion of these items unless a Council member or citizen so requests, in which event the item will be removed from
this agenda and considered in normal sequence.
A. Approval of Minutes
1. Regular Meeting of February 23, 2015.
B. Resolution Approving Disbursements for Period Ending March 9, 2015.
C. Board, Commission, or Committee Minutes and/or Reports
1. Housing and Redevelopment Authority Meeting Minutes of January 21, 2015.
6. Items of Appreciation
7. Public Comment – Public Comment provides an opportunity for the public to address the Council on items that are not
on the Agenda. Comments will be limited to three (3) minutes per person. Persons wishing to make a comment must
contact the Mayor prior to being allowed to speak.
8. Public Hearings - None
9. Regular Agenda
A. Consider City Council Norms of Behavior
B. Consider the First Reading of Three Ordinances Regarding the Establishment of Electric Utility
Franchises and the Fees for Providing Electric Service:
A. Ordinance 546 Establishes a Franchise with the City’s Electric Utility
B. Ordinance 547 Establishes a Franchise with Minnesota Valley Electric Cooperative
C. Ordinance 548 Establishes the Franchise Fee with the Utilities
C. Consider Councilmember Request to Discuss Formation of a Charter Commission
D. Miscellaneous
E. Adjourn
Le Sueur, Minnesota
Regular Meeting
February 23, 2015
A Regular Meeting of the City Council was held on Monday, February 23, 2015 at 6:30 p.m. in the
Council Chambers with Mayor Broeder presiding. Council Members present: Johnson, Wilke,
Kerkow, Wicks, Schultz, and Rohloff. Council Members absent: None. City Administrator Jenelle
Teppen, City Attorney Todd Coryell, Gregory Hagg, Mick Montag, and Rod Reinhardt were also
present.
A motion by Council Member Schultz, seconded by Council Member Wicks approving the agenda
as written. Voting in favor: Council Members Johnson, Wilke, Kerkow, Wicks, Schultz, Rohloff,
and Mayor Broeder. Voting no: None. Motion carried.
Council Member Kerkow requested item D. Accept Planning Retreat Report be removed from the
consent agenda.
A motion by Council Member Wicks, seconded by Council Member Rohloff to adopt Resolution
#15-009 approving the following consent agenda items:



Regular Meeting Minutes of February 9, 2015;
Disbursements for period ending February 23, 2015 in the amount of $886,534.40;
Acknowledge receipt of the Le Sueur Housing and Redevelopment Authority Meeting
Minutes of December 17, 2014 and Minnesota River Valley Public Utilities Commission
Meeting Minutes of January 13, 2015;
and more clearly stated in said Resolution 15-009. Voting in favor: Council Members Johnson,
Wilke, Kerkow, Wicks, Schultz, Rohloff, and Mayor Broeder. Voting no: None. Motion carried.
A motion by Council Member Kerkow, seconded by Council Member Rohloff accepting the City
Council/Staff Planning Retreat Report. Voting in favor: Council Members Johnson, Wilke, Kerkow,
Wicks, Schultz, Rohloff, and Mayor Broeder. Voting no: None. Motion carried.
Mayor Broeder acknowledged a thank you received from the David Johnson family. He also
acknowledged the positive customer feedback he received about the Customer Appreciation
Event.
A motion by Council Member Wicks, seconded by Council Member Rohloff setting a $65,000
WAC/SAC fee for the Oak Terrace Assisted Living project. Council discussion took place. Motion
later withdrawn by Council Member Wicks and Rohloff.
A motion by Council Member Wicks, seconded by Council Rohloff to adopt Resolution #15-010
setting a $55,000 WAC/SAC fee for the Oak Terrace Assisted Living project and more clearly stated
in said Resolution #15-010. Voting in favor: Council Members Johnson, Wilke, Kerkow, Wicks,
Schultz, Rohloff, and Mayor Broeder. Voting no: None. Motion carried.
A motion by Council Member Kerkow, seconded by Council Member Rohloff to adopt Resolution
#15-011 approving the City Credit Card Policy and more clearly stated in said Resolution #15-011.
Voting in favor: Council Members Johnson, Wilke, Kerkow, Wicks, Schultz, Rohloff, and Mayor
Broeder. Voting no: None. Motion carried.
Le Sueur, Minnesota
Regular Meeting
February 23, 2015
Discussion took place regarding the City Attorney's legal opinion about the delegation of hiring
authority.
Discussion took place regarding the City Council evaluation process. Mayor Broeder will conduct
some outreach to other Cities about this and the Council with revisit this at a future meeting.
An update was provided regarding the 1200 North Commerce hazardous building. A motion by
Council Member Kerkow, seconded by Council Member Rohloff to adopt Resolution #15-012
requesting City staff and the City Attorney work together to provide the City Council with an
updated timeline for the abatement of the 1200 North Commerce hazardous building and more
clearly stated in said Resolution #15-012. Voting in favor: Council Members Johnson, Wilke,
Kerkow, Schultz, Rohloff, and Mayor Broeder. Voting no: Council Member Wicks. Motion carried.
A motion by Council Member Schultz, seconded by Council Member Wilke and duly carried to
adjourn at 7:36 p.m.
___________________________________
Robert Broeder, Mayor
ATTEST:
___________________________________
Monica Muchow, City Clerk
Council Approval Report for March 9, 2015
City of Le Sueur, MN
By Fund
Post Dates 02/24/2015 - 03/09/2015
Account Number
Vendor Name
Description (Item)
Payable Number
Fund: 101 - GENERAL FUND
101-11500
101-14101
101-14101
101-15502
101-20702
101-21701
101-21702
101-21703
101-21704
101-21704
101-21705
101-21707
101-21709
101-21712
101-21714
101-21716
101-21718
101-21719
101-21719
101-21720
101-21721
101-21725
AFLAC
GENESIS
GENESIS
I.U.O.E. LOCAL 49
PAYROLL FUND
FIRST FARMERS & MERCHANTS
LINCOLN NATIONAL LIFE
INSURANC
L.E.L.S.
INSURANC
FIRST
FARMERS & MERCHANTS
CITY OF LESUEUR-FLEX PLAN
AFLAC
DELTA DENTAL OF MINNESOTA
AFLAC
FEBRUARY PREMIUMS
BULK FUEL
BULK FUEL
APRIL HEALTH INSURANCE
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
PERA
2/20/2015 PAYROLL
3/6/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
MARCH HEALTH INS
3/6/2015 PAYROLL
3/6/2015 PAYROLL
HCSP
HCSP
FEBRUARY PREMIUMS
2/20/2015 PAYROLL
FEBRUARY PREMIUMS
029224
937
938
INV0001309
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001315
INV0001294
INV0001327
INV0001294
INV0001316
INV0001293
INV0001323
INV0001325
INV0001312
INV0001313
029224
5883027
029224
34.58
752.70
3,326.25
4,240.00
24,572.73
3,411.37
1,365.17
2,348.48
2,780.00
4,768.77
238.79
188.00
278.01
1,038.56
7,143.67
92.30
767.52
1,055.20
514.56
127.54
88.08
36.58
59,168.86
SUPPLIES
INV0001302
RETREAT FACILITATION
LeSu14-004
LEGISLATIVE DAY REGISTRATION INV0001304
Department 41110 - CITY COUNCIL Total:
26.48
3,812.50
65.00
3,903.98
Department 41320 - CITY ADMINISTRATOR Total:
65.00
65.00
Department 41430 - CITY CLERK Total:
1,293.00
66.39
9.26
22.44
39.95
159.61
47.85
2.51
56.46
1,697.47
Department 41940 - GOVERNMENT BUILDINGS Total:
39.83
62.10
1,121.81
1,223.74
Department: 41110 - CITY COUNCIL
101-41110-207
RADERMACHER'S
101-41110-207
WHAT WORKS INC
101-41110-331
CGMC
Department: 41320 - CITY ADMINISTRATOR
101-41320-331
CGMC
LEGISLATIVE DAY REGISTRATION INV0001304
Department: 41430 - CITY CLERK
101-41430-131
FIRST FARMERS & MERCHANTS MARCH HEALTH INS
101-41430-201
INNOVATIVE OFFICE SOLUTIONS SUPPLIES
LL
101-41430-271
RADERMACHER'S
VENDING EXPENSE
101-41430-271
RADERMACHER'S
VENDING EXPENSE
101-41430-321
DEX MEDIA EAST LLC
DIRECTORY ADVERTISING
101-41430-321
MARCO
MARCH MANAGED SERVICES
101-41430-321
MARCO
MARCH OFF-SITE BACKUP
101-41430-437
RADERMACHER'S
SUPPLIES
101-41430-437
MAYER SOFT WATER-CULLIGAN WATER COOLER
Department: 41940 - GOVERNMENT BUILDINGS
101-41940-211
COLE PAPERS INC.
101-41940-211
COLE PAPERS INC.
101-41940-400
PROFESSIONAL CLEANING
SERVICES
Department: 42120 - POLICE DEPARTMENT
101-42120-309
LAW ENFORCEMENT TECH
GROUP LLC
101-42120-309
METRO
SALES, INC.
101-42120-321
FRONTIER COMMUNICATIONS
101-42120-321
MARCO
3/5/2015 11:20:17 AM
(None)
SUPPLIES
SUPPLIES
FEB. JANITORIAL SERVICES
INV0001293
IN0733116
INV0001303
INV0001303
INV0001307
INV2449731
INV2449732
INV0001302
STMT 192068
9061527
9063706
1970
RECORDS SYSTEM DEPLOYMENT 14925
QUARTERLY CONTRACT
INV187449
COVERAGE
PHONE
SERVICE
INV0001301
MARCH MANAGED SERVICES INV2449731
Amount
13,765.00
107.06
75.72
58.04
Page 1 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
Description (Item)
Payable Number
101-42120-321
101-42120-437
MARCO
RADERMACHER'S
OFFICE SUPPLIES
INV2449732
INV0001297
(None)
Amount
Department 42120 - POLICE DEPARTMENT Total:
17.40
77.09
14,100.31
SQUAD MAINTENANCE
SQUAD MAINTENANCE
NEW SQUAD SETUP
TIRE MOUNT AND BALANCE
WASHER FLUID
REIMBURSE FOR SQUAD PARTS
MAINTENANCE SUPPLIES
114259
38217
RS1011
14663
401174
INV0001296
INV0001299
Department 42152 - POLICE AUTOMOTIVE SERVICES Total:
549.64
221.95
2,448.30
92.55
5.11
27.70
9.06
3,354.31
Department: 42401 - BUILDING CODE ENFORCEMENT
101-42401-408
CITY BLDG INSPECTION
SERVICES
101-42401-437
PETTY
CASH FUND
INSPECTION SERVICES
POSTAGE
331
INV0001321
Department 42401 - BUILDING CODE ENFORCEMENT Total:
4,243.74
8.95
4,252.69
Department: 42500 - POLICE RESERVES
101-42500-404
J.R. KLEHR TRUCKING
JSB SNOW REMOVAL
101-2
Department: 42152 - POLICE AUTOMOTIVE SERVICES
101-42152-221
TIRE SOLUTIONS
101-42152-221
NORTHERN SAFETY
TECHNOLOGY
101-42152-221
EMERGENCY AUTOMOTIVE
TECHNOLOGIES,
INC
101-42152-431
LABELLE'S
ALIGNMENT
101-42152-431
NAPA AUTO PARTS
101-42152-431
EVAN SMITH
101-42152-431
HOLIDAY CREDIT OFFICE
Department 42500 - POLICE RESERVES Total:
109.66
109.66
Department 42700 - ANIMAL CONTROL Total:
1,148.00
1,148.00
SATELLITE PHONE SERVICE
5010963481
Department 42800 - EMERGENCY MANAGEMENT/EOC Total:
54.29
54.29
Department: 43121 - STREET DEPARTMENT
101-43121-216
ZEP SALES & SERVICE
101-43121-217
C & S SUPPLY
101-43121-221
ZARNOTH BRUSH WORKS, INC.
101-43121-221
NAPA AUTO PARTS
101-43121-321
MEDIACOM LLC
101-43121-321
MARCO
101-43121-321
MARCO
101-43121-401
DISTEL GRAIN SYSTEMS
101-43121-417
J.R. KLEHR TRUCKING
101-43121-417
KYLE STEINKE
CLEANING PRODUCTS
UNIFORMS
SWEEPER PARTS
EQUIPMENT PARTS
PHONE SERVICE
EQUIPMENT PARTS
TRAIL SNOW REMOVAL
SIDEWALK SNOW REMOVAL
9001473330
699671
0153441-IN
400412, 400441
8384 92 174 0000233
INV2449731
INV2449732
04456, 05373
3/4/15 STMT
INV0001337
Department 43121 - STREET DEPARTMENT Total:
157.77
59.98
2,631.00
219.93
226.80
101.57
30.45
31.30
146.00
45.00
3,649.80
Department: 45201 - PARK DEPARTMENT
101-45201-404
101-45201-404
NAPA AUTO PARTS
101-45201-404
MRPA
PARTS
EQUIPMENT SUPPLIES
TRAINING EXPENSE
05440
400158
INV0001335
Department: 42700 - ANIMAL CONTROL
101-42700-311
MINNESOTA CRITTER GETTER
Department: 42800 - EMERGENCY MANAGEMENT/EOC
101-42800-321
NETWORK INNOVATIONS US
INC.
Department: 45500 - LIBRARY MAINTENANCE
101-45500-383
CENTER POINT ENERGY
101-45500-400
PROFESSIONAL CLEANING
SERVICES
101-45500-401
COLE PAPERS INC.
101-45500-401
COLE PAPERS INC.
101-45500-401
ST PETER INSULATED GLASS
Department: 49200 - UNALLOCATED EXPENDITURES
101-49200-355
STACY LAWRENCE
Fund: 225 - FIRE SERVICE FUND
Department: 42200 - FIRE SERVICE
225-42200-207
RADERMACHER'S
225-42200-221
MUNICIPAL EMERGENCY
SERVICES
3/5/2015 11:20:17 AM
FEBRUARY ANIMAL CONTROL
INV0001298
Department 45201 - PARK DEPARTMENT Total:
309.65
135.67
435.00
880.32
GAS UTILITIES
FEB. JANITORIAL SERVICES
SUPPLIES
SUPPLIES
WINDOW REPAIRS
5992410-0, 5992392-0
1972
9061527
9063706
INV0001334
Department 45500 - LIBRARY MAINTENANCE Total:
7.57
999.98
131.79
62.10
155.46
1,356.90
FEB. PROFESSIONAL SERVICES
SERVICESERVICES/CUSTOMER
APPREC. EXP.
2015-2b
Department 49200 - UNALLOCATED EXPENDITURES Total:
460.00
460.00
Fund 101 - GENERAL FUND Total:
95,425.33
TRAINING EXPENSE
EQUIPMENT PARTS
INV0001292
00602422_SNV
64.30
180.19
Page 2 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
Description (Item)
Payable Number
(None)
225-42200-229
225-42200-383
225-42200-400
225-42200-437
225-42200-724
NORTH AMERICAN SECURITY
CENTER POINT ENERGY
HCS
THE BRANCH
MUNICIPAL EMERGENCY
SERVICES
FIRE MONITORING
GAS UTILITIES
CLEANING SERVICES
FLOWERS
EQUIPMENT PARTS
R225747
5992410-0, 5992392-0
INV0001291
1646
00600792_SNV
Amount
Department 42200 - FIRE SERVICE Total:
80.16
78.12
125.00
55.25
4,488.84
5,071.86
Fund 225 - FIRE SERVICE FUND Total:
5,071.86
Fund: 226 - AMBULANCE SERVICE FUND
226-20702
PAYROLL FUND
226-21701
226-21702
226-21703
226-21704
226-21705
INSURANC
226-21709
LINCOLN
NATIONAL LIFE
INSURANC
226-21712
226-21719
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
HCSP
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001316
INV0001313
31.21
4.16
1.83
5.28
6.13
0.24
0.16
1.24
0.45
50.70
Department: 42153 - AMBULANCE SERVICES
226-42153-212
SA FLEET ONE LLC
226-42153-212
HOLIDAY CREDIT OFFICE
226-42153-219
BOUND TREE MEDICAL LLC
226-42153-219
BOUND TREE MEDICAL LLC
226-42153-220
LABELLE'S ALIGNMENT
226-42153-264
PRAXAIR DISTRIBUTION, INC
226-42153-321
MARCO
226-42153-321
MARCO
226-42153-331
KEN DOEBBLING
226-42153-331
TAMARA BORCHARDT
226-42153-401
J.R. KLEHR TRUCKING
FUEL
FUEL
OPERATING SUPPLIES
SUPPLIES
VEHICLE SERVICE
OXYGEN
TRAVEL EXPENSE
TRAVEL EXPENSE
JSB SNOW REMOVAL
4477250040
INV0001300
81702821
81708796
14703
51727522
INV2449731
INV2449732
INV0001295
INV0001320
101-2
Department 42153 - AMBULANCE SERVICES Total:
45.00
83.72
17.74
99.92
129.19
822.79
87.06
26.10
578.25
277.80
109.67
2,277.24
Fund 226 - AMBULANCE SERVICE FUND Total:
2,327.94
Fund: 227 - PARA-TRANSIT FUND
227-20702
PAYROLL FUND
227-21701
227-21702
227-21703
227-21704
227-21705
INSURANC
227-21709
INSURANC
227-21711
MN
CHILD SUPPORT PAYMENT
CENTEFARMERS & MERCHANTS
227-21712
FIRST
227-21713
AXA EQUITABLE
227-21714
227-21719
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
REMITTANCE IDENTIFIER:
0014280177
941
TAXES
3/6/2015 PAYROLL
MARCH HEALTH INS
HCSP
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001311
INV0001316
INV0001322
INV0001293
INV0001313
2,920.55
373.09
166.51
555.72
677.90
20.55
18.23
383.44
129.98
50.00
1,271.46
50.10
6,617.53
Department: 49804 - ADMINISTRATION
227-49804-321
MARCO
227-49804-321
MARCO
227-49804-401
J.R. KLEHR TRUCKING
227-49804-437
CAMBRIA
JSB SNOW REMOVAL
MISCELLANEOUS EXPENSE
INV2449731
INV2449732
101-2
12614886
Department 49804 - ADMINISTRATION Total:
101.57
30.45
109.67
120.00
361.69
Fund 227 - PARA-TRANSIT FUND Total:
6,979.22
Fund: 229 - CABLE TV FUND
229-20702
229-21701
229-21702
229-21703
3/5/2015 11:20:17 AM
PAYROLL FUND
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
INV0001328
INV0001317
INV0001319
INV0001318
286.07
26.06
13.94
43.78
Page 3 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
229-21712
FIRST FARMERS & MERCHANTS 941 TAXES
Fund: 235 - AIRPORT FUND
Department: 49810 - AIRPORT ADMINISTRATION
235-49810-326
SCOTT'S HELICOPTER SERVICE
INC
235-49810-331
UNIVERSITY
OF MINNESOTA
235-49810-382
SCOTT'S HELICOPTER SERVICE
INC
235-49810-383
CENTER POINT ENERGY
235-49810-425
MPCA-FISCAL SERVICES 6TH
FLOOR
Fund: 240 - HRA FUND
240-20702
240-21701
240-21702
240-21703
240-21704
240-21705
240-21709
240-21711
240-21712
240-21714
240-21719
240-21721
PAYROLL FUND
INSURANC
LINCOLN
NATIONAL LIFE
INSURANC
INTERNAL REVENUE SERVICE
Description (Item)
MARCH A/D
PAYMENT/UTILITIES
AIRPORT
CONF. REGISTRATION
MARCH A/D
PAYMENT/UTILITIES
GAS UTILITIES
STORM WATER PERMIT
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
3/6/2015 PAYROLL
941 TAXES
MARCH HEALTH INS
HCSP
2/20/2015 PAYROLL
Payable Number
(None)
INV0001316
10.24
380.09
Fund 229 - CABLE TV FUND Total:
380.09
INV0001306
INV0001336
INV0001306
5992410-0, 5992392-0
4400124473
Department 49810 - AIRPORT ADMINISTRATION Total:
238.70
195.00
175.00
36.73
400.00
1,045.43
Fund 235 - AIRPORT FUND Total:
1,045.43
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001326
INV0001316
INV0001293
INV0001313
5883027
2,024.87
339.84
133.13
360.18
424.70
16.20
11.02
43.62
84.24
485.00
73.07
25.24
4,021.11
Fund 240 - HRA FUND Total:
Fund: 250 - YOUTH OPPORTUNITIES FUND
250-20702
PAYROLL FUND
3/6/2015 PAYROLL
250-21703
250-21712
Fund: 322 - 2010 EDA LEASE REVENUE BOND
Department: 47000 - DEBT SERVICE
322-47000-737
LESUEUR EDA
Fund: 601 - WATER UTILITY FUND
601-14100
METERING & TECHNOLOGY
SOLUTIONS ENTERPRISES, INC
601-14100
FERGUSON
1657
601-14100
FERGUSON ENTERPRISES, INC
1657 LOCAL 49
601-15502
I.U.O.E.
601-16561
BOLTON & MENK
601-16561
FERGUSON ENTERPRISES, INC
1657
601-20702
PAYROLL
FUND
601-21701
601-21702
601-21703
601-21704
601-21705
INSURANC
601-21709
LINCOLN
NATIONAL LIFE
INSURANC
601-21712
FIRST
FARMERS & MERCHANTS
601-21714
601-21718
601-21719
601-21720
AFLAC
3/5/2015 11:20:17 AM
TRANSFER LEASE PAYMENT
1" WATER METERS
WATER METER PARTS
WATER METER PARTS
WELLHEAD PROTECTION PLAN
WATER METER PARTS
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
MARCH HEALTH INS
3/6/2015 PAYROLL
HCSP
FEBRUARY PREMIUMS
Amount
INV0001328
INV0001318
INV0001316
692.62
93.00
21.76
807.38
Fund 250 - YOUTH OPPORTUNITIES FUND Total:
807.38
Department 47000 - DEBT SERVICE Total:
16,270.00
16,270.00
Fund 322 - 2010 EDA LEASE REVENUE BOND Total:
16,270.00
INV0001305
2877
3437208
3439864
INV0001309
0175127
WV028965
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001316
INV0001293
INV0001325
INV0001313
029224
4,021.11
2,414.29
22.80
352.83
2,862.00
3,619.12
189.44
4,664.73
654.80
278.10
792.52
932.68
35.03
78.09
185.34
93.50
163.81
82.94
12.12
Page 4 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
Description (Item)
601-21721
601-21725
DELTA DENTAL OF MINNESOTA 2/20/2015 PAYROLL
AFLAC
FEBRUARY PREMIUMS
Payable Number
(None)
5883027
029224
Amount
2.82
1.24
17,438.20
Department: 49410 - POWER AND PUMPING
601-49410-381
MINNESOTA VALLEY ELECTRIC
COOP
601-49410-388
CENTER POINT ENERGY
ELECTRIC UTILITIES
GAS UTILITIES
1/6-2/5/2015
1/13-2/11/2015
Department 49410 - POWER AND PUMPING Total:
256.33
318.18
574.51
Department: 49420 - PURIFICATION
601-49420-216
DPC INDUSTRIES, INC.
601-49420-216
DPC INDUSTRIES, INC.
CHEMICALS
CHEMICALS
827000201-15
827000202-15
Department 49420 - PURIFICATION Total:
64.50
363.41
427.91
Department 49430 - DISTRIBUTION Total:
545.07
21.99
567.06
15211-70-4-4-93
IN0728869
INV181303
01-263063
01-263067
34017
34018
34019
400668
INV2449731
INV2449732
INV0001321
2015-2b
132389
05378, 05382
STACY LAWRENCE
FEB. PROFESSIONAL
2015-2b
SERVICES/CUSTOMER
APPREC. 23126
TWISTWIRE MARKETING, INC. CUSTOMER
APPREC. EXPENSE
TWISTWIRE MARKETING, INC. EXP.
CUSTOMER APPREC. EXPENSE 23127
JOY WOLLIN
CUSTOMER APPREC EXPENSE INV0001288
LOLLIPOP THE CLOWN
IND SCHOOL DIST NO 2397
REIMB. POSTAGE
INV0001338
EVOLUTION MEDIA & DESIGN, CUSTOMER APPREC. DAY
j4170
LLC
EXPENSE
Department 49440 - ADMINISTRATION & GENERAL Total:
18.01
18.90
155.98
201.34
33.95
8.75
8.75
8.75
16.48
191.53
57.42
3.22
92.00
11.60
24.27
101.92
774.13
43.82
10.00
50.00
244.25
124.50
2,199.57
Fund 601 - WATER UTILITY FUND Total:
21,207.25
Department: 49430 - DISTRIBUTION
601-49430-240
BACKFLOW PARTS CONNECTION EQUIPMENT PARTS
601-49430-240
NAPA AUTO PARTS
MISC SUPPLIES
1000380
401397
Department: 49440 - ADMINISTRATION & GENERAL
601-49440-201
RADERMACHER'S
MISC SUPPLIES
601-49440-201
INNOVATIVE OFFICE SOLUTIONS OFFICE SUPPLIES
LL
601-49440-201
METRO
SALES, INC.
COPIER MAINTENANCE
601-49440-220
LANO EQUIPMENT INC.
EQUIPMENT PARTS
601-49440-220
LANO EQUIPMENT INC.
EQUIPMENT PARTS
601-49440-220
MOSKE'S AUTO SERVICE
VEHICLE MAINT.
601-49440-220
VEHICLE MAINT.
601-49440-220
VEHICLE MAINT.
601-49440-220
NAPA AUTO PARTS
MISC SUPPLIES
601-49440-321
MARCO
601-49440-321
MARCO
601-49440-322
PETTY CASH FUND
POSTAGE
601-49440-355
STACY LAWRENCE
SERVICESERVICES/CUSTOMER
601-49440-436
GOPHER STATE ONE CALL
LOCATES
APPREC.
EXP. APPREC. EVENT
601-49440-450
LP-CUSTOMER
601-49440-450
601-49440-450
601-49440-450
601-49440-450
601-49440-450
601-49440-450
601-49440-450
Fund: 602 - SEWER UTILITY FUND
602-15502
I.U.O.E. LOCAL 49
602-20702
PAYROLL FUND
602-21701
602-21702
602-21703
602-21704
602-21705
INSURANC
602-21709
LINCOLN
NATIONAL LIFE
INSURANC
602-21712
602-21714
602-21718
602-21719
602-21720
AFLAC
602-21721
602-21725
AFLAC
3/5/2015 11:20:17 AM
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
MARCH HEALTH INS
3/6/2015 PAYROLL
HCSP
FEBRUARY PREMIUMS
2/20/2015 PAYROLL
FEBRUARY PREMIUMS
INV0001309
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001316
INV0001293
INV0001325
INV0001313
029224
5883027
029224
2,862.00
1,810.22
275.42
111.94
326.32
366.36
16.80
36.47
76.30
93.50
106.71
42.39
12.12
2.82
1.24
6,140.61
Page 5 of 9
Account Number
Vendor Name
Post Dates: 02/24/2015 - 03/09/2015
Description (Item)
602-49490-201
RADERMACHER'S
MISC SUPPLIES
602-49490-201
INNOVATIVE OFFICE SOLUTIONS OFFICE SUPPLIES
LL
602-49490-201
METRO SALES, INC.
COPIER MAINTENANCE
602-49490-207
PETER BURNS
TRAVEL EXPENSE
602-49490-220
LANO EQUIPMENT INC.
EQUIPMENT PARTS
602-49490-220
LANO EQUIPMENT INC.
EQUIPMENT PARTS
602-49490-220
VEHICLE MAINT.
602-49490-220
VEHICLE MAINT.
602-49490-220
VEHICLE MAINT.
602-49490-220
NAPA AUTO PARTS
MISC SUPPLIES
602-49490-321
MARCO
602-49490-321
MARCO
602-49490-355
STACY LAWRENCE
SSESSERVICES/CUSTOMER
602-49490-436
LOCATES
APPREC. EXP.
Payable Number
(None)
15211-70-4-4-93
IN0728869
INV181303
INV0001308
01-263063
01-263067
34017
34018
34019
400668
INV2449731
INV2449732
2015-2b
132389
18.01
18.90
155.98
20.00
201.34
33.95
8.75
8.75
8.75
16.47
191.53
57.42
92.00
11.60
843.45
Fund 602 - SEWER UTILITY FUND Total:
6,984.06
Fund: 604 - ELECTRIC UTILITY FUND
604-15502
I.U.O.E. LOCAL 49
604-20702
PAYROLL FUND
604-21701
604-21702
604-21703
604-21704
604-21705
INSURANC
604-21709
LINCOLN
NATIONAL LIFE
INSURANC INSURANCE
604-21710
COLONIAL
604-21712
604-21714
604-21718
604-21719
604-21720
AFLAC
604-21721
604-21725
AFLAC
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
3/6/2015 PAYROLL
941 TAXES
MARCH HEALTH INS
3/6/2015 PAYROLL
HCSP
FEBRUARY PREMIUMS
2/20/2015 PAYROLL
FEBRUARY PREMIUMS
INV0001309
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001324
INV0001316
INV0001293
INV0001325
INV0001313
029224
5883027
029224
Department: 49570 - TRANSMISSION & DISTRIBUTION
604-49570-221
LABELLE'S ALIGNMENT
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
NAPA AUTO PARTS
604-49570-221
MOTION INDUSTRIES, INC.
604-49570-230
604-49570-240
MATHESON TRI-GAS INC
604-49570-240
MATHESON TRI-GAS INC
604-49570-240
BORDER STATES ELEC SUPPLY
604-49570-383
CENTER POINT ENERGY
VEHICLE REPAIRS
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
DOME ASSEMBLY
LOCATES
CYLINDER RENTAL/LEASE
CYLINDER RENTAL/LEASE
SUPPLIES
GAS UTILITIES
14534
400240
400285
400361
400369
400676
400730
400834
400884
401066
MN24-799714
133084
10866354
10893219
908899621
5992410-0, 5992392-0
Department 49570 - TRANSMISSION & DISTRIBUTION Total:
604-49590-202
METRO SALES, INC.
COPIER MTCE AGREEMENT
188519
604-49590-308
JO OLSON
FRIDGE, DISHWASHER, CLOTHES INV0001330
WASHER
REBATES
604-49590-308
JEROME TIEDE
FRIDGE, DISHWASHER
REBATES INV0001331
604-49590-317
MANKATO ANSWERING SERVICEANSWERING SERVICE
150210050
604-49590-321
VERIZON WIRELESS
CELL PHONE SERVICE
9739863474
3/5/2015 11:20:17 AM
Amount
5,936.00
15,378.53
2,287.74
949.18
2,758.82
3,343.50
159.99
419.42
60.94
645.20
3,390.98
805.06
464.76
86.28
13.16
56.82
36,756.38
1,079.56
10.58
71.56
39.52
47.55
26.15
74.49
41.67
164.68
9.95
47.96
20.30
13.81
112.22
47.93
11.28
1,819.21
65.77
75.00
50.00
147.12
487.55
Page 6 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
Description (Item)
604-49590-321
604-49590-321
604-49590-322
604-49590-355
604-49590-401
604-49590-401
604-49590-401
604-49590-401
604-49590-401
604-49590-401
604-49590-401
604-49590-450
604-49590-450
604-49590-450
604-49590-450
604-49590-450
604-49590-450
604-49590-450
604-49590-450
MARCO
MARCO
PETTY CASH FUND
STACY LAWRENCE
RADERMACHER'S
RADERMACHER'S
RADERMACHER'S
RADERMACHER'S
RADERMACHER'S
RADERMACHER'S
CHRISTINA BAUMAN
STACY LAWRENCE
TWISTWIRE MARKETING, INC.
TWISTWIRE MARKETING, INC.
JOY WOLLIN
LOLLIPOP THE CLOWN
EVOLUTION MEDIA & DESIGN,
LLC
POSTAGE
SERVICES/CUSTOMER APPREC.
SUPPLIES
EXP.
SUPPLIES
Fund: 606 - MN RIVER VALLEY UTILITY COMM
606-20702
PAYROLL FUND
606-21701
606-21702
606-21703
606-21704
606-21705
INSURANC
606-21709
INSURANC
606-21712
FIRST
FARMERS & MERCHANTS
606-21718
606-21719
606-21720
AFLAC
Payable Number
(None)
INV2449731
INV2449732
INV0001321
2015-2b
15120-31-3-3-34
15120-87-4-4-39
SUPPLIES
15121-12-3-3-52
SUPPLIES
15123-32-3-3-26
SUPPLIES
15127-70-4-4-94
SUPPLIES
15211-70-4-4-76
CLEANING SERVICES
INV0001329
LP-CUSTOMER APPREC. EVENT 05378, 05382
CUSTOMER APPREC. EXPENSE 2015-2b
REIMB. POSTAGE
INV0001338
CUSTOMER APPREC. DAY
j4170
EXPENSE
385.97
115.71
22.09
276.00
13.07
65.97
10.21
30.13
8.54
40.09
180.00
24.26
101.92
774.14
43.82
10.00
50.00
244.25
124.50
3,346.11
Fund 604 - ELECTRIC UTILITY FUND Total:
41,921.70
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
3/6/2015 PAYROLL
HCSP
FEBRUARY PREMIUMS
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001316
INV0001325
INV0001313
029224
Fund 606 - MN RIVER VALLEY UTILITY COMM Total:
Fund: 615 - RECREATION FUND
615-20702
615-21701
615-21702
615-21703
615-21704
615-21705
615-21709
615-21712
615-21713
615-21714
615-21719
615-21720
615-21725
615-6-34758
PAYROLL FUND
INSURANC
LINCOLN
NATIONAL LIFE
INSURANC
AXA EQUITABLE
AFLAC
AFLAC
3/6/2015 PAYROLL
941 TAXES
STATE TAX
941 TAXES
PERA
2/20/2015 PAYROLL
2/20/2015 PAYROLL
941 TAXES
3/6/2015 PAYROLL
MARCH HEALTH INS
HCSP
FEBRUARY PREMIUMS
FEBRUARY PREMIUMS
FEB COMM ED PROGRAMS
Department: 45120 - RECREATION ADMINISTRATION
615-45120-201
NIHCA
ANNUAL MEMBERSHIP
RENEWAL
615-45120-201
INNOVATIVE OFFICE SOLUTIONS OFFICE
SUPPLIES
LL PLIESEIS
615-45120-262
LORI
SOCCER REFEREE TRAINING
615-45120-321
MEDIACOM LLC
INTERNET/TV
615-45120-321
DEX MEDIA EAST LLC
DIRECTORY ADVERTISING
615-45120-321
MARCO
615-45120-321
MARCO
3/5/2015 11:20:17 AM
Amount
INV0001328
INV0001317
INV0001319
INV0001318
INV0001314
INV0001294
INV0001294
INV0001316
INV0001322
INV0001293
INV0001313
029224
029224
INV0001339
11935
IN0727899
INV0001333
8383 92 174 0015216
INV0001307
INV2449731
INV2449732
3,520.75
500.18
218.70
660.34
784.43
29.19
19.85
154.44
192.90
56.33
44.34
6,181.45
6,181.45
9,076.16
916.56
412.31
1,508.94
1,452.51
57.07
90.35
352.76
350.00
2,770.89
113.71
18.20
33.16
14,153.27
31,305.89
352.79
28.13
150.00
109.95
93.93
174.12
52.20
Page 7 of 9
Post Dates: 02/24/2015 - 03/09/2015
Account Number
Vendor Name
615-45120-392
615-45120-437
615-45120-437
LP
RADERMACHER'S
OFFICE SUPPLIES
MAYER SOFT WATER-CULLIGAN WATER
Department: 45122 - COMM CTR BUILDING MAINT
615-45122-211
COLE PAPERS INC.
615-45122-211
COLE PAPERS INC.
615-45122-211
COLE PAPERS INC.
615-45122-221
2ND WIND EXERCISE
EQUIPMENT
615-45122-240
RANDI GORDON
615-45122-401
MINNESOTA RIVER VALLEY PUC
615-45122-404
GUSTAVE A. LARSON COMPANY
615-45122-404
HORIZON COMMERCIAL POOL
SUPPLY
3/5/2015 11:20:17 AM
Description (Item)
SUPPLIES
SUPPLIES
SUPPLIES
EQUIPMENT PARTS
SEAMSTRESS WORK
SALT PALLET
EQUIPMENT REPAIRS
BOILER PARTS
Payable Number
(None)
Amount
05344, 05357
15127-70-4-4-35
STMT 192141
Department 45120 - RECREATION ADMINISTRATION Total:
202.97
29.93
43.96
1,237.98
9059243
9061526
9061527
021047195
INV0001332
244
0468221, 0472704
150210002
Department 45122 - COMM CTR BUILDING MAINT Total:
713.00
42.80
155.66
100.30
132.45
235.69
1,367.66
668.85
3,416.41
Fund 615 - RECREATION FUND Total:
35,960.28
Grand Total:
244,583.10
Page 8 of 9
Post Dates: 02/24/2015 - 03/09/2015
Report Summary
Fund Summary
Fund
101 - GENERAL FUND
225 - FIRE SERVICE FUND
226 - AMBULANCE SERVICE FUND
227 - PARA-TRANSIT FUND
229 - CABLE TV FUND
235 - AIRPORT FUND
240 - HRA FUND
250 - YOUTH OPPORTUNITIES FUND
322 - 2010 EDA LEASE REVENUE BOND
601 - WATER UTILITY FUND
602 - SEWER UTILITY FUND
604 - ELECTRIC UTILITY FUND
606 - MN RIVER VALLEY UTILITY COMM
615 - RECREATION FUND
Grand Total:
Payment Amount
95,425.33
5,071.86
2,327.94
6,979.22
380.09
1,045.43
4,021.11
807.38
16,270.00
21,207.25
6,984.06
41,921.70
6,181.45
35,960.28
244,583.10
THE PRECEDING LIST OF BILLS WAS REVIEWED AND APPROVED FOR PAYMENT.
DATE: _March 5, 2015__
3/5/2015 11:20:17 AM
APPROVED BY: ___________________________
Jenelle Teppen
City Administrator
Page 9 of 9
CITY OF LE SUEUR
REQUEST FOR COUNCIL ACTION
TO:
Mayor and Council
FROM:
Jenelle Teppen, City Administrator
SUBJECT:
Consider Norms of Behavior Statement
DATE:
For the City Council meeting of March 9, 2015
PURPOSE/ACTION REQUESTED
Consider Norms of Behavior Statement.
SUMMARY
At the January 31 City Council/Staff Retreat the Council discussed creating a statement
summarizing some Norms of Behavior that they could read prior to the start of each Council
meeting as a reminder to practice the components during the meetings in an effort to hold
themselves and each other accountable. A copy of the original list is attached.
The following draft is for your consideration:
The members of the Le Sueur City Council agree that the following behaviors will guide the City
Council’s discussions with each other, with members of the public and with staff.
We agree to practice professionalism by being positive and assuming positive intentions, by being
respectful to all, and by being prepared for meetings.
We agree to follow the approved agenda, that we won’t be distracted by sidebar discussions and
that we will take time for recognition and appreciation. We will be active listeners, and we
encourage everyone’s participation.
We agree to support decisions made by the group that expectations will be clearly stated including
who is responsible for follow up. We agree to follow through on commitments made.
RECOMMENDATION
Staff recommends that the Council discuss and approve.
CITY OF LE SUEUR
REQUEST FOR COUNCIL ACTION
TO:
Mayor and City Council
FROM:
Jenelle Teppen, City Administrator
SUBJECT:
Consider the First Reading of Three Draft Ordinances Regarding the
Establishment of Electric Utility Franchises and the Fees for Providing Electric
Service
DATE:
For the City Council meeting of March 9, 2015
PURPOSE/ACTION REQUESTED
Consider three draft ordinances regarding franchise fees.
SUMMARY
The City currently has an ordinance (Ordinance 434, attached herein) that requires each Electric
Service provider to obtain and maintain a franchise with the City and to allow the City to impose
a franchise fee for the rights afforded in the franchise.
In order to formalize and codify past practices as applied to both the City’s electric utility and to
implement the terms of Ordinance 434, a draft ordinance is presented for Council’s consideration.
Draft Ordinance #546 is attached.
In the interest of fairness and comparable treatment, the City should establish a franchise with
Minnesota Valley Electric Cooperative, applying similar rules and regulations that it has to its
Electric Utility Department and to implement the terms of Ordinance 434.
Draft Ordinance #547 is attached.
Pulling all those ordinances together and establishing a fee is the third ordinance – Ordinance
#548. This ordinance establishes a fee of an amount equal to $0.00377 per kilowatt hour of
electricity sold by both the City’s electric utility and MVEC.
Draft ordinance #548 is attached.
RECOMMENDATION
Staff recommends the Council approve the first reading of the three ordinances.
ORDINANCE NO. 547
AMENDMENT TO
CODE OF THE CITY OF LE SUEUR, MINNESOTA
An Ordinance confirming the right of the City of Le Sueur Electric Utility Department, its
successors and assigns, to construct, operate, repair, enlarge, and maintain in the City of Le
Sueur, Minnesota, an electrical 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 ways and public grounds of the City for such
purposes, and prescribing certain terms and conditions thereof.
The City Council does find and ordain:
FINDINGS
A.
In Ordinance Number 434, adopted September 11, 1995, the City required each Electric
Service Provider to obtain and maintain a franchise with the City and to allow the City to impose
a franchise fee for the rights afforded in the franchise.
B.
In October 1895, the voters authorized public funding for, and the City has for many years
been well served by, its publicly-owned electric system, which has operated under the ultimate
control and authority of the Council and which has contributed to the support of the City and
alleviated the costs and expenses of City associated with such operations, as well as the
acquisition and maintenance of the public grounds and public ways.
C.
The City finds that it is necessary and desirable to formalize and codify its past practices
as applied to the City's electric utility and to implement the terms of Ordinance Number 434 with
respect to the City's electric utility.
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 Le Sueur, County of Le Sueur, State of Minnesota and the corporate limits
thereof on the Effective Date and as they may be adjusted from to time to time hereafter.
City Utility System. Facilities used for providing public utility service owned or operated by
the City or agency thereof, including sewer, storm sewer, water service, street lighting, and traffic
signals.
Council. The City Council of the City of Le Sueur as from time to time constituted.
Department. The City of Le Sueur Electric Utility Department, or such successor
agency of the City which produces or purchases, transmits, and delivers electric energy and
power.
Department Service Area. Those areas within and outside of the territorial limits of the City
to which the Department has been assigned the right to provide electric service, as in effect on the
Effective Date or as may be hereafter revised.
1
Effective Date. The effective date of this Ordinance.
Electric Facilities. Electric transmission and distribution substations, towers, poles, lines,
guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by the
Department for the purpose of providing electric energy for public or private use.
Electric Service Provider. A person who performs any one or more of the following
activities: operating a public utility, producing, transmitting, furnishing, delivering, or receiving, or
causing to be produced, transmitted, furnished, delivered, or received electric energy for light,
power, heat, or other purposes, to or for the public within the City or to or for any one or more
persons within the City.
Franchise. The grant of rights made by the City to the Department in this Ordinance, subject
to its terms and conditions.
Person. A natural person or any partnership, joint venture, corporation, cooperative, limited
liability company or any public corporation, political subdivision or agency of the State or any other
legal entity that may be created by law.
Public Ground. All real property owned by or dedicated to the City with respect to which the
City holds the legal right or title to grant or withhold easement, leasehold or occupancy rights or
servitudes.
Public Way. Any street, alley, and other public rights-of-way within the City.
SECTION 2. THE FRANCHISE.
2.1.
Grant of Franchise. The City hereby confirms, grants, permits, licenses and
conveys to the Department the following rights and privileges within the Department Service Area:
(a)
The right and privilege to operate and maintain a public electric utility; and
(b)
The right to occupy and utilize the Public Ways and Public Grounds of the City
for the purpose of enlarging, extending, operating, repairing, and maintaining, in, on, over,
under, and across the same, all of Department's Electric Facilities which are necessary or
customary in accordance with sound utility practices for the purpose of the furnishing or the
distribution of electricity, for public and private use;
The use of the Public Way and Public Ground by the Department (a) shall be subject to
reasonable regulations by the City Council, including, but not limited to, this Ordinance, other
applicable ordinances, permit procedures, and the customary and necessary practices of the City;
(b) shall be consistent with the use of the Public Way for proper purposes by the public, by the City,
by the public utilities, and others; and (c) shall be consistent with the use of Public Ground by the
City and the public for the public purposes for which they are used and intended.
2.2
Not Exclusive. This Franchise is not exclusive.
2.3.
Effective Date. This Franchise shall be in force and effect from and after the
adoption of this Ordinance and seven (7) days after its publication.
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2.4
Term. The initial term of the Franchise shall commence on the Effective Date and
shall terminate on the day prior to the third (3rd) annual anniversary of the Effective Date (the
"Initial Term"). Thereafter, the Franchise shall continue from year to year at the pleasure of City,
but shall be terminated by City only upon ninety (90) days prior notice to Department, effective
upon the annual anniversary of the Effective Date. Provided, however, this Franchise shall expire
in all events not later than the day prior to the twentieth (20th) annual anniversary of the Effective
Date.
2.5
Publication. The Department shall bear the costs of publication of this Franchise
Ordinance and shall make a sufficient deposit with the City Clerk to guarantee publication before
the Ordinance is passed.
2.6
Other Authorities. This Ordinance is intended to cover only the right of the
Department to the use of the Public Way and the Public Ground for the purposes set for in Section
2.1. In all other respects this Ordinance is not intended in any way to affect or modify or surrender
any powers now held by the City, by Charter, State law, federal law, or regulations, or which may
be hereafter granted to the City by the State Legislature, consistent with the Constitution of the
United States and the Constitution of the State of Minnesota.
SECTION 3. LOCATIONS; CONSTRUCTION; OTHER REGULATIONS.
3.1.
General. Electric Facilities shall be located, constructed, and maintained by the
Department: (i) in as safe and secure a condition or manner as reasonably possible, (ii) so as not to
interfere with the safety and convenience of ordinary travel along and over Public Ways, and (iii) so
as not to disrupt or interfere with the normal use or operation of any Public Way, Public Ground, or
any City Utility System. Electric Facilities may only be located on Public Ground as determined by
the City in its sole discretion. The Department’s construction, reconstruction, operation, repair,
maintenance, location and relocation of Electric Facilities shall be subject to the terms of this
Ordinance and such other regulations of the City consistent with authority granted the City to manage
its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific
term of this Ordinance.
3.2.
Construction; Maintenance; Repairs. Whenever the Department desires to open
or disturb any Public Way or Public Ground for the purpose of constructing, maintaining, or repairing
Electric Facilities, it shall give the City reasonable advance notice. In any case, the Department shall
not commence such work before taking such steps and procedures as are required of other Electric
Service Providers before a permit or other written consent from the City is granted. The Department
shall not, during the progress of the work, endanger or unnecessarily obstruct the passage of traffic
or the normal and customary use of the Public Ways or Public Grounds, and it shall, promptly and
diligently, restore said properties to as good condition as it was before the excavations were made.
During the progress of such work, the Department shall keep the Public Ways or Public Grounds
affected guarded in order to avoid accidents to persons or property. All work performed by the
Department shall comply with all applicable federal, state, and local laws, rules, and regulations.
3.3
Emergencies. The requirements for procedures consistent with those required for
other Electric Service Providers in obtaining permits from the City prior to any maintenance or repair
of any of the Electric Facilities of Department shall not apply to emergency situations where it is
necessary for Department to act immediately to remedy a situation that jeopardizes the public health
or safety. In such emergency situations, however, Department shall as soon as practicable notify the
Council of such emergency situation and the efforts taken by it to remedy such situation within the
second (2nd) business day thereafter.
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3.4
Restoration. Following the completion of any work, the Department shall promptly
and diligently restore the affected Public Ways and/or Public Ground to as good a condition as before
the work commenced. If Department fails to promptly restore the premises disturbed within ten (10)
days of notice by City, the Council may engage an independent contractor at the expense of
Department and upon City's demand it shall pay such expense to City's general fund, including City's
administrative expense and overhead, plus ten percent (10%) as reasonable liquidated damages.
3.5.
Avoidance of Damage. The Department must take reasonable measures to prevent
the Electric Facilities from causing damage to persons or property. The Department must take
reasonable measures to protect the Electric Facilities from damage that could be inflicted on the
Electric Facilities by persons, property, or the elements.
3.6.
Field Locations. The Department shall provide field locations for all its underground
Electric Facilities within the City, pursuant to the applicable requirements of Minnesota Statutes,
Chapter 216D.
3.7
Tree Trimming. Subject to such procedures, regulation and supervision as the
Council may establish, the Department may, at its cost, trim all trees and shrubs in the Public Ways
located within the Department’s Service Area to the extent the Department finds it necessary to avoid
interference with the proper construction, operation, repair and maintenance of any of the
Department’s Electric Facilities installed or maintained hereunder.
3.8
Acquisition. The City shall have the right under law to purchase or otherwise
acquire additional electric utility operations and facilities within the City. Upon acquisition, such
service territory shall be Department Service Area and such facilities shall be Department Electric
Facilities and be governed as provided by this Ordinance.
SECTION 4. ELECTRIC FACILITIES RELOCATION.
4.1.
In the event the City reasonably determines that it is necessary for the Department
to move any part of its Electric Facilities because the City has determined to change, move or
improve its Public Ways or Public Grounds, upon reasonable notice by the City to the Department,
the Department will move its Electric Facilities at its sole cost. The City shall consider reasonable
alternatives in designing its public works projects so as not to arbitrarily cause the Department
unreasonable additional expense in exercising its authority under this Section 4.1. This Section4.1
does not compel a waiver by nor constitute a taking by City of any written grant of easement to City
or Department or any prescriptive rights acquired by City or Department as provided by law by way
of adverse possession independent of and without reliance by Department on this Franchise or any
prior franchise adopted by City.
4.2
Nothing contained herein shall relieve any third party from liability arising out of their
failure to exercise reasonable care to avoid injuring Department's Electric Facilities while performing
any work connected with grading, regrading or changing the line of any Public Way or Public Ground
with any construction on or adjacent to any Public Way or Public Ground. Provided, however, this
Section 4.2 shall not limit City's rights to indemnification under Section 6.1 nor shall City in any way
be liable to the Department for claims arising from the negligence of any third party.
SECTION 5. INDEMNIFICATION.
5.1.
Indemnification. If at any time any claim of any kind is made against City or
Department for the injury to persons or property arising from the acts or failure to act of Department,
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its agents, servants, and employees in connection with the operations of the Department under and
pursuant to this Franchise, Department's revenues or such insurance as Department may obtain
with the approval of the Council shall be applied to indemnify and hold the City, its agents, servants
or employees harmless from any and all such claims, including, but not by way of limitation,
reimbursement of any reasonable expenses City may incur in the handling, denial, or defense of
such claims, including, but not by way of limitation, reasonable attorneys fees and costs.
Department's obligation as provided in the preceding sentence shall not extend to any injury to
persons or property caused by the negligent act or failure to act of other departments or agencies of
City or any actions of Department taken pursuant to directions of Council if performed within the
scope of Council's directions without negligence by Department. The Council shall determine who
will defend such claims and will thereafter have complete control of such litigation. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to Department or
City; and Department and City, in defending any action shall be entitled to assert in any action every
defense or immunity that City or Department could assert in its own behalf. Department's obligations
under this Section 5.1 shall survive the expiration, amendment or termination of this Ordinance.
5.2
Insurance. At the request of the Council, the Department shall furnish the Council a
summary of insurance, if any, carried by the Department, or of its self-insured status, in either case,
demonstrating adequate protection to the City from any and all obligations, liabilities, or claims of any
nature whatsoever, growing out of the operation, construction, and maintenance of its Electric
Facilities within the City. The Department shall add to its insurance coverage to the extent reasonably
required by the Council.
5.3.
Compliance with Laws; Hazardous Substances. In its operation under this
Ordinance, the Department shall observe all federal, state and local laws, rules, regulations and
orders with respect to the transmission, distribution, transformation or furnishing of electric energy
and the handling of materials, substances and wastes deemed toxic or hazardous to health, natural
resources or the environment (collectively, “Hazardous Substances”). The Department shall remove
or remediate any Hazardous Substances located on, in or surrounding its Electric Facilities or caused
to be located on, in or surrounding the Public Ways and Public Grounds or elsewhere in the City in
compliance with all applicable laws, regulations and lawful government orders, and pay or cause to
be paid all costs associated therewith. The indemnification terms and conditions of Section 5.1 shall
apply to all claims made against the City by any Person, including any governmental agency, who
or which asserts any right to costs, damages or other relief based upon the terms and conditions
imposed upon the Department under this Section 5.3 or which arise from or are related to the
Department’s acts or failure to act in compliance with any law, rule, regulation or lawful order
governing Hazardous Substances.
SECTION 6. VACATION OF PUBLIC WAYS. The City will consult with the Department at least
four (4) weeks prior to its action on any proposed vacation of a Public Way. Except where ordered
pursuant to Section 6.1, the vacation of any Public Way after the installation of Electric Facilities shall
not operate to deprive the Department 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 the Department. However, in no case shall the City be liable to the
Department for failure to specifically preserve a Public Way in the exercise of its authority under
Minnesota Statutes, Section 160.29.
SECTION 7. ABANDONED FACILITIES. The Department shall notify the City of the
Department’s intent to abandon or no longer use any Electric Facilities in the Public Way or Public
Ground. The Department shall remove, at Department’s sole expense, such abandoned or
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unused Electric Facilities, unless the Council provides written approval of such Electric Facilities
remaining in place, upon such terms and conditions as the Council deems appropriate
SECTION 8. FRANCHISE FEE.
8.1.
Authority. The City reserves all rights under Minnesota Statutes, Sections 216B.36
and 301B.01 and other law, including City Ordinance No. 434, adopted September 11, 1995 to
require a franchise fee at any time during the term of, and in consideration for, this Franchise. The
franchise fee shall be expressed as a specified charge per measurable unit of electricity being
provided, transported, transmitted, sold, furnished, delivered, or received within the City.
8.2.
Separate Ordinance. Any franchise fee shall be imposed by a separate ordinance
duly adopted by the Council after 60 days’ notice to the Department of the proposed fee.
SECTION 9. DEFAULT. If the Department shall be in default in the performance of any of the
material terms and conditions of this Ordinance, and shall continue in default for more than thirty (30)
days (or fails to initiate the cure of the default within said period and diligently pursue said cure, if the
cure of the default cannot reasonably be accomplished within said 30 days) after receiving Notice
from the City of such default, the City may elect to cure such default and charge the Department for
the costs thereof.
SECTION 10. AMENDMENT PROCEDURE. The Department's rights are subject to the police
power of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the
public, and this Franchise may be amended by City as deemed necessary or appropriate in the
exercise of this power.
SECTION 11 FRANCHISE ASSIGNMENT. It is the City's intention to maintain and foster its
publicly-owned-and-operated electric utility system and the long term benefits it provides to the
community. No sale, lease, assignment, gift, pledge, or transfer of any kind of this franchise or of
all or of any material part of the City's Electric Facilities shall be made by the Department.
SECTION 12. GENERAL PROVISIONS OF ORDINANCE.
12.1. Governing Law. This Franchise is granted and is intended to be performed in the
State of Minnesota and shall be construed and enforced in accordance with the laws of the State of
Minnesota. All actions related to this Ordinance or its enforcement shall be venued in the District
Courts of the State of Minnesota where City is located.
12.2. No Third-Party Beneficiaries. 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 Franchise or of any one or more of the terms hereof, or otherwise
give rise to any cause of in any Person not a party hereto.
SECTION 13. This Ordinance becomes effective from and after its passage and seven (7)
days after its publication.
This Ordinance was passed by the City Council on the X day of X, 2015.
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____________________________
ATTEST:
_________________________________
Published in the Le Sueur News Herald on the _______ date of _______________, 2015.
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ORDINANCE NO. 547
AMENDMENT TO
CODE OF THE CITY OF LE SUEUR, MINNESOTA
Being an ordinance granting to Minnesota Valley Electric Cooperative, a Minnesota rural
electric cooperative under Minnesota law, its successors and assigns, a nonexclusive
franchise to construct, operate, repair and maintain in the City of Le Sueur, Minnesota, an
electric distribution system and transmission lines, including necessary poles, lines, fixtures
and appurtenances, for the furnishing of electric energy to a portion of the City, its inhabitants,
and others, and to use the public ways and public grounds of the City for such purposes; and
prescribing certain terms and conditions thereof.
THE CITY COUNCIL OF THE CITY OF LE SUEUR, MINNESOTA, DOES FIND AND
ORDAIN, AND THE CITY CODE OF ORDINANCES IS HEREBY REVISED TO INCLUDE,
THE FOLLOWING:
FINDINGS
A.
In Ordinance Number 434, adopted September 11, 1995, the City required each
Electric Service Provider to obtain and maintain a franchise with the City and to allow the City
to impose a franchise fee for the rights afforded in the franchise.
B.
The City has formalized and confirmed the terms and conditions of its franchise with
the City of Le Sueur Electric Utilities Department by separate ordinance.
C.
In the interest of fairness and comparable treatment, the City finds that it is necessary
and desirable to establish a franchise with Minnesota Valley Electric Cooperative, applying
similar rules and regulations to the extent feasible and practicable as to the City of Le Sueur
Electric Utilities Department, and to thus implement Ordinance 434.
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 Le Sueur, County of Le Sueur, State of Minnesota and the corporate
limits thereof on the Effective Date and as they may be adjusted from to time to time hereafter.
City Utility System. Facilities used for providing public utility service owned or
operated by the City or agency thereof, including electric, sewer, storm sewer, water service,
street lighting and traffic signals.
Company. Minnesota Valley Electric Cooperative, a rural electric cooperative under
Minnesota law, its successors and assigns including all successors or assignees that own or
operate any part or parts of the Electric Facilities subject to this Franchise.
Company Service Area. Those areas within the City to which the Company has
been assigned the right to provide electric service, as in effect on the Effective Date or as
may be hereafter revised.
Council. The City Council of the City of Le Sueur as from time to time constituted.
Effective Date. The effective date of this Ordinance.
Electric Facilities. Electric transmission and distribution substations, towers, poles,
lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by
the Company for the purpose of providing electric energy for public or private use.
Electric Service Provider. A person who performs any one or more of the
following activities: operating a public utility, producing, transmitting, furnishing, delivering,
or receiving, or causing to be produced, transmitted, furnished, delivered, or received
electric energy for light, power, heat, or other purposes, to or for the public within the City
or to or for any one or more persons within the City.
Franchise. The grant of rights made by the City to the Company in this Ordinance,
subject to its terms and conditions.
Notice. A writing served by any party or parties on any other party or parties at the
following addresses:
If to the City:
City Administrator
City of Le Sueur
203 South Second Street
Le Sueur, MN 56058
If to the Company:
Chief Executive Officer
Minnesota Valley Electric Cooperative
125 Minnesota Valley Electric Dr.
Jordan, MN 55352
Any party may change its respective address for the purpose of this Ordinance by written
notice to the other parties.
Person. A natural person or any partnership, joint venture, corporation, cooperative,
limited liability company, or any public corporation, political subdivision or agency of the State
or any other legal entity that may be created by law.
Public Ground. All real property owned by or dedicated to the City with respect to
which the City holds the legal right or title to grant or withhold easement, leasehold or
occupancy rights or servitudes.
Public Way. Any street, alley and other public rights-of-way within the City.
SECTION 2. THE FRANCHISE.
2.1.
Grant of Franchise. The City hereby grants the Company the following
rights and privileges within the Company Service Area:
(a)
The right and privilege to operate and maintain a public electric utility; and
(b)
The right to occupy and utilize the Public Ways and Public Grounds of the
City for the purpose of constructing, operating, repairing, and maintaining, in, on, over, under,
and across the same, all of Electric Facilities which are necessary or customary in
accordance with sound utility practices for the purpose of the furnishing or the distribution of
electricity, for public and private use;
The use of the Public Way and Public Ground by the Company (a) shall be subject
to reasonable regulations by the City Council, including, but not limited to, this Ordinance,
other applicable ordinances, permit procedures, and the customary and necessary practices
of the City; (b) shall be consistent with the use of the Public Way for proper purposes by the
public, by the City, by the public utilities, and others; and (c) shall be consistent with the use
of Public Ground by the City and the public for the public purposes for which they are used
and intended. This Franchise shall terminate with respect to any Company Service Areas
that are duly acquired by the City.
2.2
Not Exclusive. This Franchise is not exclusive.
2.3.
Effective Date. This Franchise shall be in force and effect from and after the
adoption of this Ordinance and seven (7) days after its publication and upon the Company’s
duly authorized acceptance as provided in Section 12 below.
2.4
Term. The initial term of the Franchise shall commence on the Effective Date
and shall terminate on the day prior to the third (3rd) annual anniversary of the Effective Date
(the "Initial Term"). Thereafter, the Franchise shall continue from year to year at the pleasure
of City, but shall be terminated by City only upon ninety (90) days prior notice to the Company,
effective upon the annual anniversary of the Effective Date. Provided, however, this
Franchise shall expire in all events not later than the day prior to the twentieth (20th) annual
anniversary of the Effective Date.
2.5
Publication. The Company shall bear the costs of publication of this
Franchise Ordinance and shall make a sufficient deposit with the City Clerk to guarantee
publication before the Ordinance is passed.
2.6
Other Authorities. This Ordinance is intended to cover only the right of the
Company to the use of the Public Way and the Public Ground for the purposes set for in
Section 2.1. In all other respects this Ordinance is not intended in any way to affect or modify
or surrender any powers now held by the City, by Charter, State law, federal law, or
regulations, or which may be hereafter granted to the City by the State Legislature, consistent
with the Constitution of the United States and the Constitution of the State of Minnesota.
SECTION 3. LOCATIONS; CONSTRUCTION; OTHER REGULATIONS.
3.1.
General. Electric Facilities shall be located, constructed, and maintained by
the Company: (i) in as safe and secure a condition or manner as reasonably possible, (ii) so
as not to interfere with the safety and convenience of ordinary travel along and over Public
Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any Public
Ways, Public Ground or the City Utility System. As to Electric Facilities located on the Public
Ground, the location shall be determined by the City in its sole discretion. The Company's
construction, reconstruction, operation, repair, maintenance, location and relocation of
Electric Facilities shall be subject to the terms of this Ordinance and such other regulations
of the City consistent with authority granted the City to manage its Public Ways and Public
Grounds under state law, to the extent not inconsistent with a specific term of this Ordinance.
3.2.
Construction; Maintenance; Repairs. Whenever the Company desires to
open or disturb any Public Way or Public Ground for the purpose of constructing, maintaining,
or repairing Electric Facilities, it shall give the City reasonable advance Notice, but not less
than ten (10) business days, by filing a written Notice with the City Clerk. In any case, the
Company shall not commence such work before obtaining a permit pursuant to Article 66 of
the Le Sueur City Code, for which the City may impose a reasonable fee. The Company
shall not, during the progress of the work, endanger or unnecessarily obstruct the passage
of traffic or the normal and customary use of the Public Ways and Public Ground, and it shall,
promptly and diligently, restore said properties to as good condition as it was before the
excavations were made. During the progress of such work, the Company shall keep the
affected Public Ways or Public Ground guarded in order to avoid accidents to persons or
property. All work performed by the Company shall comply with all applicable federal, state,
and local laws, rules, and regulations.
3.3.
Emergencies. The requirements for obtaining permits from the City pursuant
to Section 3.2 shall not apply if (i) an emergency exists requiring the immediate repair of
Electric Facilities and (ii) the Company gives telephone notice to the City before, if reasonably
possible, commencement of the emergency repair. Within two (2) business days after
commencing the repair, the Company shall apply for any required permits and pay any
required fees.
3.4.
Restoration. Following the completion of any work, the Company shall
promptly and diligently restore the affected Public Ways and/or Public Ground to as good a
condition as before the work commenced. If the Company fails to promptly restore such
Public Ways and/or Public Ground within ten (10) days of Notice by the City, the City may
engage an independent contractor at the expense of the Company to perform the restoration
of the Public Ways and/or Public Ground as required under this Section. The Company shall
pay to the City upon demand the cost to the City of affecting such restoration, including the
City’s administrative expenses and overhead, plus ten percent (10%) as reasonable
liquidated damages.
3.5.
Avoidance of Damage. The Company must take reasonable measures to
prevent the Electric Facilities from causing damage to persons or property. The Company
must take reasonable measures to protect the Electric Facilities from damage that could be
inflicted on the Electric Facilities by persons, property, or the elements. The Company must
take protective measures when the City performs work near the Electric Facilities, if given
reasonable Notice by the City of such work prior to its commencement.
3.6.
Field Locations. The Company shall provide field locations for all its
underground Electric Facilities within the City pursuant to the applicable requirements of
Minnesota Statutes, Chapter 216D.
3.7.
Tree Trimming. Subject to such reasonable regulations as the City may
establish, the Company may, at its cost, trim all trees and shrubs in the Public Ways located
within the Company Service Area to the extent the Company finds it necessary to avoid
interference with the proper construction, operation, repair and maintenance of any of the
Company’s Electric Facilities installed or maintained hereunder.
3.8.
Notice of City Improvements. The City will give the Company reasonable
advance Notice of plans for improvements to Public Ways and Public Ground in the
Company Service Area when the City has reason to believe that the Company’s Electric
Facilities may affect or be affected by such improvements. The Notice will contain, if known:
(i) the nature and character of the improvements, (ii) the Public Ways and/or Public Ground
upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the
time when the City will start the work, and (v) if more than one Public Way or parcel of Public
Ground is involved, the order in which the work is to proceed.
3.9.
Acquisition. Notwithstanding any language in this Franchise to the contrary,
the City shall have the right to purchase or otherwise acquire the Company’s Electric
Facilities or the Company Service Area, or portion(s) thereof, at any time as provided by law.
The expiration or termination of this Franchise as hereinbefore provided shall not, by itself,
be an independent basis of any claim by the Company against the City or MVEC, nor any
claim by the City or MVEC against the Company.
SECTION 4. ELECTRIC FACILITIES RELOCATION.
4.1.
Relocation. In the event the City reasonably determines that it is necessary
for the Company to move any part of its Electric Facilities because the City has determined
to change, move, or improve its Public Ways or that the Electric Facilities have become or
will become a substantial impairment to the existing or imminent public use of Public Ground,
upon reasonable Notice by the City to the Company, then the Company will move its Electric
Facilities at Company’s sole cost. The City shall consider reasonable alternatives in
designing its public works projects so as not to arbitrarily cause the Company unreasonable
additional expense in exercising its authority under this Section 4.1. This Section 4.1 shall
not constitute a taking by the City nor be construed as a waiver or modification of any
easement or prescriptive rights acquired by the Company independent of and without
reliance by the Company on this Franchise.
4.2.
No Release of Liability. Nothing contained herein shall relieve any third
party from liability arising out of their failure to exercise reasonable care to avoid injuring the
Company’s Electric Facilities while performing any work connected with grading, regarding,
or changing the line of any Public Way or Public Ground or with any construction on or
adjacent to any Public Way or Public Ground; provided, however, this Section 4.2 shall not
limit the City’s rights to indemnification under Section 5.1 nor shall the City in any way be
liable to the Company for claims arising from the negligence of any third party.
SECTION 5. INDEMNIFICATION.
5.1.
Indemnification. If at any time any claim of any kind is made against the
City for injury to persons or property arising from the acts or failure to act by the Company,
its agents, servants, or employees in connection with the operations of the Company under
and pursuant to this Franchise, the Company shall fully indemnify, defend, and hold harmless
the City, its agents, servants, and employees from any and all such claims, including, but not
limited to, reimbursement of any reasonable attorneys’ fees and costs and expenses the City
may incur in handling, denying, or defending such claims. The Company’s obligation to
indemnify the City shall not extend to any injury to persons or property caused by the
negligent act or failure to act by the City or any actions taken by the Company pursuant to
directions of the City if performed within the scope of the City’s directions without negligence
by the Company. The City shall determine who will defend any such claims arising under
this Section 5.1 and the Company will thereafter have complete control of such litigation;
provided, however, the Company may not settle any such claims without the prior approval
of the City, which approval will 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 the
Company, in defending any action shall be entitled to assert every defense or immunity that
the City could itself assert in its own behalf. The Company’s obligations under this Section
shall survive the expiration, amendment, or termination of this Franchise.
5.2.
Insurance. Before the Effective Date, the Company shall furnish the City a
summary of insurance, if any, carried by the Company, or of its self-insured status, in either
case demonstrating adequate protection, but in no event shall such coverage be less than
the maximum liability limits set forth in Minnesota Statutes Chapter 466, to the City from any
and all obligations, liabilities, or claims of any nature whatsoever, growing out of the
operation, construction, and maintenance of its Electric Facilities within the City. The
Company shall maintain such insurance coverage at all times during this Franchise.
5.3.
Compliance with Laws; Hazardous Substances. In its operation under
this Ordinance, the Company shall observe all federal, state and local laws, rules, regulations
and orders with respect to the transmission, distribution, transformation or furnishing of
electric energy and the handling of materials, substances and wastes deemed toxic or
hazardous to health, natural resources or the environment (collectively, “Hazardous
Substances”). The Company shall remove or remediate any Hazardous Substances located
on, in or surrounding its Electric Facilities or caused to be located on, in or surrounding the
Public Ways and Public Grounds or elsewhere in the City in compliance with all applicable
laws, regulations and lawful government orders, and pay or cause to be paid all costs
associated therewith. The indemnification terms and conditions of Section 5.1 shall apply to
all claims made against the City by any Person, including any governmental agency, who or
which asserts any right to costs, damages or other relief based upon the terms and conditions
imposed upon the Company under this Section 5.3 or which arise from or are related to the
Company’s acts or failure to act in compliance with any law, rule, regulation or lawful order
governing Hazardous Substances.
SECTION 6. VACATION OF PUBLIC WAYS. The City will consult with the Company at
least four (4) weeks prior to its action on any proposed vacation of a Public Way located
within the Company Service Area or within which the City knows or has reason to know
Company has located Electric Facilities. Except where ordered pursuant to Section 4.1, the
vacation of any Public Way after the installation of Electric Facilities shall not operate to
deprive the 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 the Company. However, in no case shall the City be liable to the
Company for failure to specifically preserve a Public Way in the exercise of its authority under
Minnesota Statutes, Section 160.29.
SECTION 7. ABANDONED FACILITIES. The Company shall notify the City of the
Company’s intent to abandon or no longer use any Electric Facilities in the Public Way or
Public Ground. The Company shall remove, at Company’s sole expense, such abandoned
or unused Electric Facilities, unless the Council provides written approval of such Electric
Facilities remaining in place, upon such terms and conditions as the Council deems
appropriate.
SECTION 8. FRANCHISE FEE.
8.1.
Authority. The City reserves all rights under Minnesota Statutes, Sections
216B.36 and 301B.01 or other law or local regulation, including City Ordinance No. 434,
adopted September 11, 1995, to require a franchise fee at any time during the term of, and
in consideration for, this Franchise. The franchise fee shall be expressed as a specified
charge per measurable unit of electricity being provided, transported, transmitted, sold,
furnished, delivered, or received within the City.
8.2.
Separate Ordinance. A franchise fee shall be imposed by a separate
ordinance duly adopted by the Council, after notice to the Company of the proposed fee.
8.3.
Equivalent Fee Requirement. A separate ordinance imposing the
franchise fee shall not be effective against the Company, unless an equivalent fee is
imposed on all Electric Service Providers within the City.
SECTION 9. DEFAULTS. If the Company shall be in default in the performance of any
of the material terms and conditions of this Ordinance, and shall continue in default for
more than thirty (30) days (or fails to initiate the cure of the default within said period and
diligently pursue said cure, if the cure of the default cannot reasonably be accomplished
within said thirty (30) days) after receiving Notice from the City of such default, the City
may elect to cure such default and charge the Company for the costs thereof.
SECTION 10. AMENDMENT PROCEDURE. The Company’s rights hereunder are
subject to the police power of the City to adopt and enforce ordinances necessary to the
health, safety, and welfare of the public, and this Franchise may be amended or repealed
by the City as deemed necessary or appropriate in the exercise of such power. If this
Franchise is repealed, any franchise fee imposed on the Company by the City shall
terminate immediately.
SECTION 11. GENERAL PROVISIONS OF ORDINANCE.
11.1. Governing Law. This Franchise is granted and is intended to be
performed in the State of Minnesota and shall be construed and enforced in accordance
with the laws of the State of Minnesota. The Company shall be subject to personal
jurisdiction in the State of Minnesota. All actions related to this Ordinance or its
enforcement shall be venued in Le Sueur County District Court.
11.2. No Third Party Beneficiaries. 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 Franchise 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.
11.3. Assignment. The Company may not assign this Franchise without the
prior approval of the City, which approval shall not be unreasonably withheld. The
Company shall provide the City the identity of and contact information for the proposed
assignee and the statement of the assignee's plans and intentions for the operation of the
Electric Facilities under this Franchise.
SECTION 12. ACCEPTANCE BY THE COMPANY.
12.1. Acceptance by the Company. The City shall provide written notice by
certified mail to Company of the adoption of this Ordinance or any proposed amendment.
The Company shall, within thirty (30) days after adoption of this Ordinance or any
amendment thereto, file with the City Clerk in writing its acceptance or rejection as
provided in Section 12.2. If such acceptance is not filed within said period, the Company
shall be deemed to have accepted the terms and conditions of this Franchise. If the
Company rejects the Franchise or any amendment hereto, it shall proceed in accordance
with Section 12.2.
12.2. Rejection Procedures. A rejection of this Franchise or any amendment
hereto may be made by the Company only upon the grounds that the terms and conditions
hereof or of such amendment exceed the lawful authority of the City under the
Constitutions or Laws of the United States or the State of Minnesota or are otherwise
unlawful. Any rejection shall be submitted in writing to the City, stating with particularity
the points and authorities of law upon which the Company relies. If the City fails to amend
this Franchise or otherwise satisfy the Company’s objections as stated within thirty (30)
days of its receipt of the Company’s rejection, the Company shall have the right thereafter
to seek appropriate judicial or administrative relief. If the Company fails to initiate such
legal action within thirty (30) days from the expiration of the aforementioned thirty (30) day
period provided for the City’s amendment or cure, the Company shall be deemed to have
waived its objections and to have accepted the terms of this Franchise.
SECTION 13. This Ordinance becomes effective from and after its passage and seven
(7) days after its publication.
This Ordinance was passed by the City Council on the X day of X, 2015.
____________________________
ATTEST:
_________________________________
Published in the Le Sueur News Herald on the _______ date of _______________, 2015.
ORDINANCE NO. 548
BEING AN ORDINANCE SETTING A FRANCHISE FEE
WHEREAS, Ordinance No. 434 authorizes the City of Le Sueur, Minnesota to impose a
franchise fee associated with a franchise for the transmitting, furnishing, delivering, or receiving
of electrical energy within and through the corporate limits of the City, and,
WHEREAS, in Ordinance 546 , the City confirmed a franchise with the City of Le Sueur
Electric Utilities Department.
WHEREAS, in Ordinance 547 , the City established a franchise with Minnesota Valley
Electric Cooperative.
WHEREAS, the City acknowledges that the City of Le Sueur Electric Utilities
Department has been transmitting a franchise fee to the City for some time. In the interest of
fairness and comparable treatment, the City desires to be consistent in its requirement of a
franchise fee for all Electric Service Providers (as defined in Ordinance 546 ) that operate within
the City.
NOW THEREFORE, the City Council of the City of Le Sueur does ordain:
SECTION I.
Consistent with Ordinance 434, Ordinance 546, Ordinance 547, and
Minnesota law, a franchise fee is hereby imposed on each Electric Service Provider (as defined
in Ordinance 546), in an amount equal to $0.00377 per kilowatt hour of electricity sold by the
Electric Service Provider in the City limits. The Electric Service Provider may, in its sole discretion,
add a surcharge equivalent to the franchise fee to the rates of customers that it serves.
SECTION II. The franchise fee shall be payable monthly and shall be based on the
complete billing month for which payment is due. The payment shall be due on the last business
day of the month following the period for which the payment is made. The Electric Service
Provider shall pay the City the franchise fee based upon the prevailing rate, subject to subsequent
adjustment solely if any amount so billed becomes uncollectible after reasonable efforts of
collection by the Electric Service Provider. No other adjustment may be made to the franchise
fee remitted to the City, regardless of how calculated or described and whether or not
characterized as a rebate, dividend, return of capital, or ownership interest.
SECTION III. The Electric Service Provider shall make each payment when due and, if
requested by the City, shall provide supporting data sufficient to substantiate the calculation of
the franchise fee provided. All amounts paid shall be subject to audit and recomputation by the
City. The Electric Service Provider agrees to make all records necessary to audit the calculation
of any payment available for inspection by the City or its designated representative at reasonable
times.
SECTION IV. If for any reason the amount or rate of the franchise fee shall be determined
to be in excess of the amount or rate allowed by law, then the amount or rate shall automatically,
and without further action by the City, be reduced to the maximum amount or rate permitted by
law.
SECTION V. The franchise fee under this Ordinance may be changed by the City from
time to time by ordinance; provided, however, such changes shall not occur more often than once
within any twelve consecutive calendar months. Notice of the proposed change shall be provided
to the Electric Service Providers at least thirty (30) days before adoption by the City.
SECTION VI. This Ordinance becomes effective from and after its passage and seven
(7) days after its publication. Collection of the franchise fees shall commence no later than the
April, 2015 billing month.
This Ordinance was passed by the City Council on the 23th day of March, 2015.
_________________________________
ATTEST:
_____________________________________
This Ordinance was published in the Le Sueur News Herald on the ______ day of ________,
2015.

Mar 9, 2015 - City of Le Sueur

Transcription

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