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4.c) Staff Report-Discussion on Franchise Fees '�' 1 ` --��, J� � �-. --. �� v .�. L.��. �' SCANDIA Staff Report Date of Meeting: August 13, 2013 To: City Council From: Kristina Handt, Administrator Re: Discussion of Franchise Fees Agenda Item #: 4.c) Background: At a previous work session, the City Engineer mentioned franchise fees as a tool to help pay for roads. This tool is utilized in other communities such as Forest Lake. The City Engineer has provided information included in your packet on Forest Lake's ordinances creating franchise fees, agreements with utility providers and a listing of other communities with this fee. The right of way along city streets is public property. To connect homes and properties to gas, electric, telephone and other services, companies must run distribution lines on the public right of way. A community negotiates franchise agreements with utility companies to identify the conditions under which a utility company is allowed to use public property to provide service to local residents and businesses. Utility companies pay a fee to the City—negotiated through a franchise agreement—in exchange for use of the public right of way. State law allows cities to impose a franchise fee, which is intended to reimburse the city for the use of public right of way. Those utility franchise fees are typically paid by the company's consumers as a fee on your monthly bill. The Minnesota Public Utilities Commission determines services, programs, service territory and rates of energy utilities. If the City pursued a franchise agreement, the MN PUC would need to receive notification. Issue: Should the City pursue a franchise agreement with utility companies? Proposal Details: No specific proposal has been developed by staff. The Council can discuss which utilities to enter a franchise agreement with (electric, gas), how the fee should be determined (flat fee v. percentage of revenues), what the fee amount should be, how the fee would be applied to various commercial users, and any other areas of concern. The pros of implementing a franchise fee to help pay for roads are: 1) Fee to utility providers for use of public right of way 2) Diversification of revenue 3) Could be a flat fee versus progressive 4) Relatively easy to implement The cons of implementing a franchise fee to help pay for roads are: 1) Viewed as "another tax" 2) Coordination with providers 3) Raises utility costs Fiscal Impact: According to the most recent census information from the state, there are 1,512 households in Scandia. According to the 2013 Washington County Assessment report there are 69 commercial parcels in Scandia. Once the Council determines the rate and actual customer accounts are obtained from the utilities, staff will be able to provide revenue projections. For now, staff assumes a $4.00/month fee for all customers would generate $75,888 annually. Options: 1) Direct staff to gather more information from utilities and define amount of funding needed to meet road needs 2) Direct staff to begin preparing ordinances and agreements to implement franchise fee 3) Create a task force to research and recommend to the Council the best option for meeting road funding needs 4) Continue with current policies ��� � � � � Forest Lake AS GOOD AS IT SOUNDS PUBLIC UTILITY FRANCHISE FEE What is a franchise fee? A franchise fee is a charge imposed by the City on utility and cable providers who operate in the public right-of-way. An agreement with the City allows them to work in the right-of-way upon payment of established fees. The utility and cable providers often pass these charges on to the customer. Who pays the fee in Forest Lake? If you own a home or business in Forest Lake and receive a gas and/or electric bill from a utility company, a franchise fee will be included on your monthly statement beginning in May of 2013 based on the following schedule: Residential $ 4.00 Small Commercial/Industrial Non-Demand $ 2.50 Small Commercial/Industrial Demand $18.50 Large Commercial/Industrial $75.00 Why was this fee established? In 2011 , the City Council appointed a Streets task force to study the condition of the City's street inventory and recommend methods of financing street maintenance and improvements. The task force found that nearly 65% of the City's streets were in need of improvement, based on a standard ranking system recognized in the industry. Failing to maintain streets in an appropriate time frame can result in the need to reconstruct the roads at a much higher cost to the taxpayers. The task force ultimately recommended the establishment of franchise fees as a mechanism to finance needed street improvements. What benefit do I get from paying this fee? City residents will enjoy a higher level of street maintenance and improvement. If your street is improved, it is likely that little to none of the cost will be assessed to your property. The franchise fee will provide approximately $700,000 annually in revenue, which is specifically dedicated to the local street improvement fund. The annual revenue is far less than the amount the City would need to maintain the streets to an acceptable level; however, significant improvement in the overall condition of local streets should be noticed as this program proceeds. CITY OF FOREST LAKE 220 Lake Street North,Forest Lake,MN 55025•651-464-3550•651-464-4968 fax•www.ci.forest-lake.mn.us � CITY OF FOREST LAKE � ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 623 AN ORDINANCE GRANTING TO CONNEXUS ENERGY, A MINNESOTA . COOPERATIVE CORPORA.TION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF FOREST LAKE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF FOREST LAKE, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical � order shall have the following meanings: 1.1 City. The City of Forest Lake, County of Washington, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned and operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Company. Connexus Energy, a Minnesota cooperative corporation, its successors and assigns. � 1.4 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.5 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company sha11 be mailed to the Chief Executive Officer, Connexus Energy, 14601 Ramsey Boulevard NW, Ramsey, Minnesota 55303-6024. Notice to the City shall be mailed to the City Administrator, City Hall, 220 North Lake Street, Forest Lake, Minnesota 55025. 1.6 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. ( 1 1.7 Public Way. Any street, alley, walkway or other public right-of-way within the � City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power a.nd other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect fiom and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 23 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are established by Company's Board of Directors. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. ' 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City 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 par�ies are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either parly may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities i shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the tei�rns of this franchise agreement. Company 2 � may abandon underground Electric Facilities (metal or concrete conduit) in place,provided at the City's request, Company will remove such underground Electric Facilities which interfere with a City improvement project, but only to the extent that such Electric Facilities are uncovered by excavation as part of the City improvement project, and restore the Public Way in accordance with Minnesota Rule 7819.1100. 3.2 Field Locations. Company shall provide field locations for its underground � Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 _Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone or other reasonable means to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same in accordance with Minnesota Rule 7819.1100, including paving and its foundation, to as good a condition as formerly existed.. T'he � work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five business days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This rernedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while perfoiming any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the impxovements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii)the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. ( 3 � 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon the execution of a pole attachment agreement that has been mutually agreed upon by Company and City. City facilities will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of Communication Company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Any City facilities shall be installed and maintained as required by the National Electrical Safety Code. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If upon review of plans Company determines that the proposed notice is not adequate in order to relocate Electric Facilities, a reasonable extension shall be determined and mutually agreed to by the City and Company. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company shall be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City Improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3. Change to Underground. If required by City, Company shall change its Electric Facilities from overhead to underground in areas where (1) City requests underground lines and all other lines hereafter are changed from aerial to underground; or (2) any overhead line is changed to underground by the open trench method, and City requests Company to share the trench with telephone/and/or cable television, and Company can share the trench at a cost not to exceed Company's pro rata share of the cost of the trenching or (3) design or redesign of Public Way by the City does not allow sufficient space such that existing aerial Electric Facilities may be relocated and reconstructed as Overhead Facilities, and must therefore be reconstructed Underground due to spacing constraints. In such case, the City shall pay the Company the incremental non-betterment difference to reconstruct underground in lieu of overhead. 4 , 4.4 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right- of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. Contractors hired by Company to perform vegetation clearing and/or trimming will be exempt from acquiring additional licenses or pei�nits.. SECTION 6. INDEMNIFICATION. � i 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to properly occasioned by the construction, maintenance, repair, inspection, the issuance.of pernuts, or the operation of Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses . or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circunnstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemrrify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the CiTy, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. . 5 ; The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules, Part 7819.3200, if City's order directing vacation of the Public Way does not require relocation of Company's Electric Facilities, the vacation proceeding shall not be deemed to deprive Company of its right to continue to use the right-of-way of the former Public Way fox its Electric Facilities installed prior to such order of vacation SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the va.lidity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRA,NCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being impo�ed on Company by this Ordinance or any future ordinance, the City may impose on Company a franchise fee. � 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by cei-tified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for resolving disputes between Company and the City in regard to the interpretation of, or enforcement of,the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the tenth business day of the month following the period for which the payment is made. The fianchise fee rnay be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for f uncollectibles,refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated 6 ; representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the tir�e of each payment a statement summarizing how the franchise fee payment is determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles,refunds or error corrections. 9.4 Equivalent Fee Requirement. T'he separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes a fee of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section,provision, or part and if any section,provision, or part sha11 be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this ` Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon,this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCIiISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. ( 7 Passed and approved: January 28, 2013. i ' Johnson, yor Attest: � . Aaron �rr�ish, ' rty Clerlc/Administrator Date Published: � � � '� � i 8 CITY OF FOREST LAKE � ORDINANCE NO. 624 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON CONNEXUS ENERGY, A MINNESOTA COOPERATIVE CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF FOREST LAKE. THE CIT'Y COUNCIL OF THE CITY OF FOREST LAKE DOES ORDAIN: SECTION 1. The Ciry of Forest Lake Municipal Code is heYeby amended to include reference to the following Special Orclinance. Subdivision 1. Pu ose. The Forest Lake City Council has determined that it is in the best inteYest of the City to impose a fYanchise fee on those public utility companies that provide electric services within the City of Forest Lake. � (a) Putsuant to City Ordinance 623, granting to Connexus Energy, a Minnesota cooperative corporation,its successors and assigns (the"Compan�'), an electrical distribution fYanchise (the "Franchise")within the City of Foxest Lake,the City has the right to impose a franchise fee on the Company,in an amount and fee design as set foYth in the fee schedule attached hereto as Schedule A. l Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on the Companp under its electeic fYanchise in accordance with the schedule attached here to and made a part of this Oxdinance, commencing with the Company May,2013 billing month. This fee is an account-based fee on each premise and not a meter-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 sha11 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 a11 similar premises in the city will control. Subdivision 3. Payment. The said itanchise fee shall be payable to the City in accordance with the terms set foxth in Section 9 of the Franchise. Subdivision 4. Surchar�e. T'he City�ecognizes that the Mi.nnesota Public Utilities Commission may allow Company to add a sutcharge to customex Yates of city Yesidents to reimburse Company for the cost of the fee. ( 1 Subdivision 5. Record Su�port for Payment. T'he Company shall make each payment when � due and,if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was detertnined,including information showing any adjustments to the total . surcha.�ge billed in the period for which the payment is being made to account foY any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Anp dispute,including enforcement of a default xegarding this ordinance will be Yesolved in accordance with Section 2.5 of the FYanchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days aftex the sending of written notice enclosing a copy of this adopted Ordinance to the Company by certified mail. Collection of the fee shall commence as provided above. Passed and approved: January 28,2013. � C ' ohnson ayor Attest: � i � aYon Parrish,City C1eYk/Acl.tninistrator ( SEAL � 2 SCHEDULE A Franchise Fee Rates The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Connexus Electric Service Class Monthly Residential $ 4.00 Small Commercial $ 2.50 Large Commercial $ 75.00 Irrigation $ 2.50 FYanchise fees are to be collected by the Utility at the rate listed above,and submitted to the City on a quarterly basis as follows: r January—March collections due by Apri130. April—June collections due by July 31. July—Septembex collections due by Octobe�31. October—December collections due by January 31. l 3 �C�,���r��/�' 414 Nicollet Mall ! Minnea'olis,Minnesota 55401 February 26, 2013 . Via Electronic Filing— Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 121 7�'Place East, Suite 350 St. Paul, Minnesota 55101 RE: INFORMATIONAL FILING FRANCHISE FEE—FOREST LAKE,MINNESOTA Docx�T No. E,G999/PR-13-7 Dear Dr. Haax: Northern States Power Company, doing business as Xcel Energy, submits to the Minnesota.Public Utilities Commission tlus Informarional Filing pursuant to the Cominission's March 23, 2011 ORDER ESTABLISHING FRANCHISE FEE FILING REQUIREMENTS in the Docket No. E,G999/CI-09-970. Ordinance Electric On January 28, 2013, the City of Forest Lake passed and approved an ordinance implementing an electric franchise fee, effective May 1, 2013. We provide as Attachment A1 to this filing, a copy of Ordinance No. 620,An Ordinance Implementzng an Electric Seruice Franchise Fee on Northern State.r Po�ver Company, a Minne.rota corporatzon, d/b/a Xcel Energy, it.r Succe.rsor.r and A.rsign.r,for Providing Electric Seruice Wlithin tl�e City of Fore.rt L.ake. We outline the fees in the table below: Class Monthly Fee Residential $4.00 Small C&I-Non-Demand $2.50 Small C&I-Demand $18.50 Large C&I $75.00 Public Street Lighting $7.50 Municipal Pumping-Non-Demand $2.50 Municipal Pumping-Demand $18.50 For reference,we additionally provide as Attachment A2 to this filing, Ordinance No. 619, containing the terms of the electric Franchise Agreement. Gas On January 28, 2013, the Ciry of Forest Lake also passed and approved an ordinance implementing a gas franchise fee, effective May 1, 2013. We provide as Attachment B1 to this filing, a copy of Ordinance No. 622,An Ordinance Implementing a Gas Seryice Franchise Fee on Northern States Pozver Company, a Minne.rota corporation, d/b/a Xcel Energy, it.r Succe.r.rors and As.rigns,for Providing Gas Seruice i�ithin the City of Fore.rt Lake. We outline t11e fees in the table below: Class Monthly Fee Residenrial $3.00 Commercial Firm-Non-Demand $7.50 Commercial Firm-Demand $15.00 Small Interruptible $75.00 Medium& Large Interruptible $15.00 Firm Transportarion $15.00 Interruptible Transportation $15.00 For reference,we additionally provide as Attachment B2 to this filing, Ordinance No. 621, containing the terms of the gas Franchise Agreement. Tari�Sheets We provide as Attachment C1 to this filing, our electric compliance tariff sheet in both redline and itnal format, as follows: Minnesota Electric Rate Book—MPUC No. 2 Sheet No. 5-93.2, revision 5* �1'he City of Madi,con Lake i.r also implementing an electric franchi.te fee on May 1,2013, .co the attached�tariff.theet reflects that change also. We provide as Attachment C2 to this filing, our gas compliance tariff sheet in both redline and final format, as follows: Minnesota Gas Rate Book—MPUC No. 2 Sheet No. 5-44.1, revision 1* *1'he City of Lake City i.r extending theirga.r fianchzce fee on May 1,2013, .ro the attached tari$sheet r�ct.r that change a�ro. Cu.rtomer Notification Electric customers in the City of Forest Lake will be alerted to this new franchise fee amount via the following bill messages: Residential The City of Fore.rt Lake impo.re.r a,$4 per account fee an Xcel Energy collectable through a fee on Xcel Energy electric account.r�ective May 1, 2013. The line item appear.r onyour bill a.r "City Fee.r."Xcel Energy remits 100% of thi.r fee to the City of Fore.rt Lake. Small C&I-Non-Demand, Municipal Pum�ing-Non-Demand Tbe City of Fore.rt Lake impo.res a�'2.50 per account fee on Xcel Energy collectable through a fee on Xcel Energy electric account.r�ective May �, 20�3. The line item appear.r onyour bill a.r "City Fee.r."Xcel Energy remits �00% of thi.r fee to the City of Fore.rt L.ake. Small C&I-Demand, Munici�al Pum�ing-Demand The City of Fore.rt Lake impo.re.r an�'�8.50 per account fee on Xcel Energy collectable through a fee on Xcel Energy electric accounts�ective May 1, 2013. The line item appear.r onyour bidl a.r "City Fee.r."Xcel Energy remit.c �00% of tl�i.r fee to the City of Forest I.ake. Large C&I TI�e City af Fore.rt Lake impo.re.r a,�'7S per account fee on Xcel Energy collectable tl�rough a fee on Xcel Energy electric account.r�ectzve May 1, 2013. The line item appear.r onyour bill a.r "City Fee.r."Xcel Energy remit.r 1 DO% of thi.r fee to the City of Fore.rt Lake. Public Street Lightin,g The City o,f'Fore.rt Lake impo.re.r a,�7.50 per account fee on Xcel Energy collectable through a fee on Xcel Energy electric account.r�ective May 1, 20�3. The line item appear.r onyour bill a.r "City Fee.r."Xcel Enerr�yy remits 900% of thi.r fee to the City of Fore.rt Lake. Natural gas customers in the City of Forest Lake will be alerted to this new franchise fee amount via the following bill messages: � ' Residential The City of Forest Lake impose.r a,$3 per account fee on Xcel Energy collectable through a fee on Xcel Energygas account.r�ective May 1, 2093. The line item appear.r onyour bill a.r "City Fee.r."Xcel Energy remit.r �DO% of tl�i.c fee to the City of Fore.rt Lake. Commercial Firm-Non-Demand The City of Fore.rt Lake impo.re.r a�'7.50 per account fee an Xcel Energy collectable through a fee on Xcel Energyga.r account.r�ective May 1, 20�3. The line item a�ipear.r onyour bill a.r "City Fee.r"Xcel Energy remit.r 100% of this fee to the City of Forest Lake. Commercial Firm-Demand, Medium & Large Interruprible, Firm Trans�ortation, Interruptible Trans�ortation The City of Fore.rt I.ake imposes a�'�5 per account fee on Xcel Energy collectable through a fee on Xcel Enerr�yy�a.r accounts�ective May 1, 20�3. The line item appears onyour bill as "City Fees."Xcel Energy remit.r 100% of this fee to the City of Fore.rt Lake. Small Interru�rible The City of Fore.rt Lake impose.r a�'75 per account fee on Xcel Energy collectable through a fee on Xcel Enerryyyga.r accounts�ec�ive May 1, 2013. The line item appears onyour bill as "City Fee.r."Xcel Energy remits �00% of thi.r fee to the City of Fore.rt Lake. We have electronically filed this document with the Commission and copies have been served on all parties on the attached service list. Please contact me at�aul.lehman(a�,xcelenerg�.com or (612) 330-7529 if you ha�e any questions or would like any additional information. SINCERELY, �S� PAUL J LEHIviAN MANAGER,REGULATORY COMPLIANCE AND FILINGS EnclosuYes c: Aaron Parrish, City Adininistrator,City of Forest Lake Service List Docket No.E,G999/PR-13-7 Informational Filing ' ' rlttachtnent 1�1 Page 1 of 3 CITY OF FO1tEST LAKE ORDINANCE NO.G20 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES PO���ER COA9.'ANY,A MINNESOTA C�RPORATI�N,D/B/A�CEL ENERGY,ITS SUCCESSORS AND ASSIGNS,FOR PROVIDTNG ELECTRIC SERVICE��ITHIN THE CITY OF FOREST Lr1T�E. THE CITY COUNCIL O�THE CITY OF FOREST I.AKE DOES ORDt1IN: SECTION 1. The Cit��of Fozest Lake A4unicipal Code is herebp amended to include YeEerence to the following Special Oidinance, Subdivision 1. Pu ose. The Forest Lake City Council has determined that it is in the best interest of the Citr ta impose a Eranckuse£ee on tl�ose public utilit��companies that provide electric sei�*ices�vithin the Cit�*of Foiest Lake. (a) Puisuant to City Ordinance 619, a Franchise AgYeement bettveen the City+o£Forest Lake and Norti�ern States Power Company,a Minnesota coxporation,d/b/a Xce1 Energ��,its successors and assigns,the City has tl�e right to impose a franchise fee on Notthern States Power Companp,a Minnesota corpoxation,d/b/a Xcel Energy,its successors and assigns,in an amount and fee design as set foith in Section 9 of the Northern States Po�ver Compan�� Franchise aud in the fee scliedule attached hereto as c ied le�. Subdivlsion 2. Franchise Fee Statement. A franchise fee is hexeb�imposed on Northern States Po�ver Company,a Minnesota Corporation,d/b/a�cel Energs,its successors and assigns,under its electric francluse in accoxdance with the schedule attached here to and made a patt of this Ordinance, commencing�vith the Xcel Eneigy R2ay,2013 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an en#ity cove�•ed by this ordinance has more than one meter at a single premise, but oniy 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 wilI result in more than one franchise fee assessment for e(ectric secvice to that premise. If fhe Company cocnbines tha rate classifications into a single account,the fi�anchise fee assessed to the account wiEl be the largest fi�anchise fee applicable to a single rate classification for ener�y delivered to that premise. Tn the event any entifies covered by this ordinance have more th�.n one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount foc any pt�emise, the Company's mannec•of billing for enecgy used at all similac premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be pa3�able to the City in accotdance with the terms set foiti�in Section 9 of the Franchise. Subdivision 4. Surehar�e. The City recognizes that rhe Nlinnesota Public Utiliues Cornmission may allow Companp to add a surcharge to customer rates of cit�iesidents to xeimbuxse Compan�T for the cost of the fee. Subdiv�sion 5. Recotd Su��ort fox Payment. �cel Energ�shall make each payment�vhen 1 Docket No.E,G999/PR-13-7 , Informational Filing Attachment r�1 Page2of3 due and,if zequiced by the City,shaU pzovidc at the rime of each papment a statement summaxizing ho�v the francfuse fee pa}�ment�vas determined,including inforrnation showing any adjustments ta the total surcharge billed iti the period for�vltich the payment is being made t�account for anj�uncollectibles, re£unds or error corrections. Subdivision 6. Enforcement. t�ny dispute,including enforcement of a default xegarding tEus oidinance�vill Ue iesoh�ed in accordance�vith Secrion 2.5 of the Franchise 1�greement. Subdivision 7. Effective Date o£Ftanchise Fee. The effective date of this Oxdinance shall be after its publicauon and ninery {90}da��s after tl�e sending of written notice enclosing a copp af this adopted Ordinance to Xcel Energy b��cerdfied inail. Collection of the fee shall commence as pxo�rided above. Passed and approved: Januaxg 28,2013. �� a3�or Attes� � � . ,.-� �.. ' City Cleik SF�T� 2 Docket No.E,G999/PR-13-7 Informational Filing ' ' i�ttachtnent�1 ' Page 3 of 3 SCHEDULE A Fr�nchise Fee Rates: Electric Util'tt� The franchise fee shall ba in an amount determined by applying the following schedule per customer premise/per month based on metered service to retaii customers within the City: Class t�mount�er month Residential $4.00 Sm C&I—Non-Detn �2.50 Sm C&I—Demand �18.50 Large C&I �75.00 Pubiic St�eet Ltg �7.50 Muni Pumping N/D $2.50 IVluni Pumping--Dem $18.50 � Franchise fees are to be collected bp ti�e Utilit�at d�e rate listed below,and submitted to the Citp on a quaxterly basis as follaws: Januaz�*—Tfatch collections due b�Ap�130. Apiil--June colIections duc by July 31, JuI��—September collections due bp October 31. 4ctober—December collections due bp)anuary 31. 3 Docket No.E,G999/PR-13-7 � � Informational Filing 1lttachment r'�2 Page 1 of 8 CITY OF FOREST LAKE ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO.619 CITY OP FOREST LAKE,WASHINGTON COUNTY,MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERA'TE, REPAIR AND MAINTAIN IN - THE CITY OF FOREST LAKE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FUIZNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO U8E THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. 'I`HE CITY COUNCIL OF THE CI'TY OF FOREST LAKE, WASHINGTON COUNTY, MINNESOTA,ORDAINS: SECTION 1, DEFINITIONS. Fox purposes of this Ordinance,$ie follo�ving capitalized terms listed in alphabefical oider shall have die following mexnings: 1.1 City. Tlie Cit�l of Forest Lake,County of Waslungton,State of 11�Linnesota. 1.2 City Utility System. Facilities used for pYoviding non-eneigp ielated public utilit� sexc*ice owned oi operated b�r City o�agenc3�thereof,including sewei and�vatei ses�ice,but ea�cluding facilities foi pxo�riding heating,lighting ox othex foxms of energy. 1.3 Commission. The lYfinnesota Public Uti�ities Comrtussion,or anp successos agency�oi agencies,including an agencS�of the fedezal gover�unent,which pxeempts all,or paYt of the authoritF to xegulate electric retail iates now vested in the Minnesota Public Utilities Commission. 1.4 Company, Nordie� States Powex Company, a Minnesota coiporation, d/b/a �cel Eneig��,its successors and assigns. 1.5 Electric FaciIities. Electuc t�ansmission and dist�tibution towefs, poles, lines, guys, anchois, conduits, fvctures, and necessaiy appurtenances owned or opexated by Compan3� for the pui�ose o£pio�riding electric eneigy for public use. 1.6 Notice. A��ritten notice sei�Ted by one party on the other paity iefexencing one oi mote pro�isions of this Ordinance. Notice to Company shall be mailed to die General Counsel,414 Nicollet Mall, 5`� Fioor, A�inneapolis, 1�iN 554�1. Notice to the Cit�� shall be ma'sled to the City Administsatoi, City Hall,220 Lake Street North, Foxest Lake,MN 55025. Eithe�paxts may change its iespecdve addLess for the pu�pose of this Ordinance by written notice to die other party. 1 , Docket No.E,G999/PR-13-7 . � Infortnational Fili�g �ttachment A2 Page 2 of 8 1.7 Public Ground, Land owned by die Cit�� for paik, open space oi simiLu pui�pose, tivhich is held foi use in common by t1�e pubfic. 1.8 Public Way. Anp sheet,alle�,walkwap ai odies public ught-of-wa�within the Cit��. SECTION 2, ADOPTION OF PRANCHISE, 2.1 Grant of Franchise. Cit�� herebp grants Company, foi a peuod of 2Q yeais from the date passed and appioj�ed by the Ci��, t]le right to hansmit and furnish electric energy £or light, heat, powei and odiei puiposes fox pubfic and pri��ate use �vitivn and tluough fl�e limits of die Cit��as its boundaries no�v exist or as d�ey may be extended in die futuie. Fox these puiposes, Company may construct, opeiate, i:epa'v: and maintain Elect�c P'acilities in, on, a�Ter, undei and across die Public Grounds and Public Waps of Cit��, subject to the pio�*isions of d�is Ordinance. Company may do all ieasonable things necessaty or customaiy to accomplish d�ese puiposes, subject, �iowet�er, to such r�easonable iegulations as majT be imposed b� the City puisuant to oxdinaace and to tiie fiu:thei ptovisions of this francluse agreement. 2.2 EffectitTe Date: Wutten Acce,�tance. Tlus francluse agreement sliall be in foice and effect from and aftei passage of this Oidinance, its acceptance U�� Cornpanp, and its publicauon as requiied b�*law. The CitF,U�Council resolution,maj�re�yoke tivs fiancluse agieement if Company does not file a�vutten acceptance with the Cit��witlwi 90 days a£.te�publicabion. 2.3 Senrice and Raxes. The sei�crice to be pxo��ided and the rates to be charged by Compan3� for electric service in Cit�aie subject to die juiisdiction of the Commission. The aYea within tlie Cil��in �vluclz Company map pYo�ride electuic sei-��ice is subject to die p.tovisions of Ttinnesota Statutes,Section 21 GB.40. 2.4 Publication IP��ense. T1ie expense of publication of this�zdi.nance will be paid by City and Leimbuxsed to Cit��bj�Company. 2.5 Dis�ute Resolution. If eidiea� pait�� asseits that the otl�eY party is in default in the perfo�Ynance of an� obligation heieunder, the complaining party shall notif�T the othet patt�� of die default and the desued remed��. The notification shall be written. Repiesentatives of d2e paxties must prompdy meet and attempt in good faidz to negotiatc a resolution of the dispute. If die dispute is not Yesoh*ed wid�in 30 da��s of the w�tten notice, the paities ma}� jointly select a mediaeor to facilitate fiiYthex discussion. Tlie patties wil!equally shaie the fces and cacpenses of dus mediator. If a mediatoY is not used,oi if the pai�ties ate unable to resol�=e the dispute within 30 daps after fust meeting widi the selected mediator, either party may commence an action in Disteict Coutt to intea.pret and enfotce tlus ftancluse o�foi such other ielief as map be peirnitted bj�la�v ot equit�� foz bieacli of contract, 01 eid�ei part��may take anp othe�action permitted by Iaw. SECTION 3. LOCATION,OTHER REGULATION�. 3.1 Location of Facilities. Elecrric Facilities shall be located,conskt�ucted and maintained so as not to interfece tivith tlxe sa£ety and convenience of oiclinaiy t�a��el along and ovei Public Ways and so as not to disiupt normal operadon of an3* Cit�� Utilit�� System previously installed therein. Elecktic Faciliries slaall Ue located on Public Grounds as detexmined Uy the Cit��. Compan}'�s construction, 2 Docket No.E,G999/PR-13-7 � ' Infonnational Filing rlttachment A2 Page 3 of 8 ieconstiuction, oj�etation, repair, maintenance and location of Electric I�acilities shall be subject to permits if Yequixed bp sepaiate ordinance and #o othex reasonable regulations o£die Cit��to the cxtent not inconsistent�vith die texms of rhis franchise agteement Company ma�� abar�don undexground Elect�c Facilities in place,�rovvided at the Cii�j's iequest, Co:mpanq will remove abandoned metal ox conciete encased conduit interfering with a Cit�� itnpiovement pioject, but only to the extent such conduit is uncovexed bj�exca�ation as pait of die City impzo�ement pioject 3.2 Field Locations. Companj� shall pro�cride fieid locations foc its underground Electric Facilities�vidun City consistent with the�equirements of Minnesota Statutes,Chapte.�216D. 3.3 Steeet O�enings. Companp sl�►all noi open oi disturU any Public Ground or Public Waj� for any puxpose tivithout fust having obtaitied a permit fiom the City, if requued by a separate ordi.nance, for wluch the Cit�may impose a xeasonable fee. Per.mit conciitions itnposed on Company shall not be more burdensome than those imposed on other utiliries for similar facilities of work. Companj�may,liotve�er, open and disturb an��Public Ground or Public Way witliout permission from die Cit��wlieze an emexgencj�e.�ists requuing the immediate repau of Electric Facilities. In such e�ent - CompanS�sliall notif�r t�ie Cit��b�tele}�lione to the office designated by d�e Cit�T as soon as practicable. Not latex than the second�voiking da�= theieaftea,Company shall obrain anj�iequired peimits and pa3J any iequued fees. 3.4 Restoration. Aftex undertaking anp work fequi�ng d�e opening of an}'Public Giound or Public Wa�, Company shaIl restore die same, i�icluding paving and its foundation, to as good a condition as formerl}l existed, and shall maintain anp pa�ed stuface in good condition foY two 3�ears diexeafter. The woik shall be completed as p�ompdp as lveather permits, and if Company shall not prompdy perform and camplete the work,temove all dut,rubbish,equipment and material,and put the Public Gtound ox Public Way in tfie said condition, die City shall ha�e,after demand to Campany� to cure and the passage of a reasonable period of time follo�ving the demand,but not to e.ticecd flve daps, die�glrt to make tlie restoi�tion at tlie expense of Compan�T. CompanjT shall pay to t�ie City the cost of such work done for ar peeformed by the Cit��. This iemed��shall be in addition to any othex remedy availaUle to the City €oY noncornpliance �vith this Secrian 3.4, but the City lie�:eb}' �vai�Tes arzy iequuement for Companp to post a const�l�ction performance bond, certificate of insui,ance,letter of cxedit or anF ot�ier foim of securit��o� assurance that maj� be xequiied, under a separate e.Yisting ar futw:e ord'u�ance of tlie City,o£a pe�son ox entit}r obtaining the Cit��'s pernussion to install,replace oi maintain facilities in a Public WajT. 3.5 Avoid Damage to EZecttic Facilities. Nodung in this Oidinance xelieves an3� pe�son fiom]iabilit�� arising out of the failure to exercise reasonable caie to a�Toid damaging Ele�tric Facilities �vhile perfoiming any acti�rity. 3.6 Notice of Im�ro�Tements. Tlie City must give Company reasonable notice of plans for impro�Tements to Public Grounds ox Public Wa}rs whexe the Cits has ieason to Uelier=e tllat Electric Fac'slities may affect ox be affected b� the impro�ement. 'I'�e notice must contain: (i) the nature and character of tlie impi�o��ements, (it) die Public Grounds and Public Waps upon�vhich the impiovements a�e to Ue made, ('iii)the extent of die impro�•ements, (i�r) the�ne�vhen t}le Cits will staYt the�voik,and (v} if more tha.n one Public Giound ot Public Wa3� is invoh�ed, the oidex in �vhich the work is to pioceed, The notice must be gi�en to Company a suf&cient length o£time in advance of the actual commencennent of the work to permit Compan�to make anj�uecessaxp additions,altetations oi iepaixs to its Electric Facilitics. 3 Docket No.E,G999/PR-13-7 Informational Filing �ttachxnent i�2 Page4of8 3.7 Shared Use of Poles. Compan}* sl�all make space available on its poles ai towers fox Cit��fue,water utilitr, police oi other City facilities upon terms and conditions acceptable to Campanj� �vhene�re1 such use will not viterfeie �vith die use of such poles ox tower.s Up Company, Uy anothei eJectric urilit��, b�r a telephone utility, o� bp any cable tele��ision companp oi oches foftn of communication company. In addition, flie Citp shall pag for any added cost incuiYcd bj� Company because of such use b��Cit}t. SECTION 4. RELOCATIONS. 4.1 Relocation of Elect�7c Facilities �n PuUlic Wavs. If die Cit�� detextniues to vacate a Public Waj=for a Cit�T impto�Tement project,ox at City's cost to grade,regiade,or change the line of any Public Way, or constt�uct ox reconsttuct an�r Cit}� Utilit�T S�stem ui anp PuUlic Way, it ma�� oider Company to relocate its Electuc Facilities located therein if xelocation is ieasonabl� necessaiq to • accomplisli the Cih*'s pioposed public impiorement. EYcept as pzo��ided in Section 4.3,Compan�shall relocate its Electiic Facilities at its own e:cpense. The Cit�� shall gi�e Companj�ieasonaUle notice of plans to�acate for a Cit�=improvcment pioject, ot to grade,regrade, oi change die line of an�Public Wa}� ot to construct oi ieconst�uct anj�Ciry Utilit��System. Tf a relocation is oideied widun ft�e�eazs o£a prior ielocation of the same Electric Facilities,�vluch was made at Company expense,the City� sliall reimbuesa Campany foi nan-betterment costs on a time and matetial basis, pioirided that i£ a subsequent ielocakioit is requss:ed because of the eactension of A C1ty Utilit�� System to a pieiriously unse�vcd a�:ea,Companp may be requued to make tlie subsequent relocarion at ats espense. Notlung in this Ordinance iequiies Company to relocate, remove, ieplace oi teconstr�uct at its o�vn espense its Elect�ic Facilities �vheie such ielocation, remo�ral, ieplacement oi �econstxucdon is solel}f for the cont�enience of die Cit�� and is not reasonably necessa1� fox the conshuction or reconstruction of a Public Waj�or City Utilit��System oi od�ei Cit��improtrement 4.2 Relocation of Electric Facilities in Public GYound. Cit}� ma3r iequiie Compan�, at Compan�'s expense,to relocate os iemo��e its Electtic Facilities from Public Gi�ound upon a finding by City d�at tlie Elect�ic Facalities have become or�vill become a substantial unpau7nent to the existing or pioposed public use of die Public Giound. 4.3 Projects�vith rederal Funding. Cit}�shall not order Companp to iemo�*e or relocate its Elect�ic racilities when a Public Way is�acated,impio��ed o�realigned for a iight-of-wa�pioject or any othex project which is financiall�subsidized in�vhole or in pait bp die Federal Government or an��agenep the�eof, unless the ieasonable non-betterment costs of such ielocation are fust paid to Coxt�panj�. The City is obligated to pay Compan�onlp£ox those portions of its ielocation costs fox which Cit��has recei�red fedeial fuiiding specificall��allocated for relocation costs in the amount requested by the Company,wluch allocated funding the City shaU specificall�l re9uest. Relocation, remo�al o.t ieartangement of any Compan}�Elect�ic Facilities made necessa�.�y�because of a fedeiallp- aided higl��vay pioject shall be governed by t��e piovisions of 1�Iinnesota Statutes,Section 161.46,as supplemented oi amended. It is understood that the rights herein gianted to Companj�axe valuable rights. 4.4 No Wai�er, . The pro��isions of flus franchise applj� only to facilities const�ucted in reliance on a francluse from t�ie Cit�*,aiid including those facilities constt�ucted between Decetnber 10, 2009 and the date of tlus fiancluse ag�teement,and shall not be conskt�ued to tvan*e or modify an�=rights obtained b}� Coinpany fo� installltions widv.n a Companj� right-of-�va�* acquired b� easement ox 4 , Docket No.E,G999/PR-13-7 Infonnational Filing l�ttachment r�2 Page 5 of 8 piescriptizTe right befoie the appIicable Pub�ic Ground ox Public Way�vas estabIished, or Coinpan�'s zights�uidef state or count�permit. SECTION 5. TREE TRIMMING. Companp may tiim aIl tcees and shrubs in the Public Giounds and Public Waps of Cit�� to rhe extent Compa�� finds necessary to a�oid interfe�ence �vith the pYopea: construction, opet�ation, repau and mauatenance of an�� Electsic Facilities installed hereunder, pro�nded that Companp shall saire the City l�armless ftom any liabilit}� atising diea:e€tom,and subject to permit or odier reasonable regulation by the City�. SECTION 6. INDEMNIFICATION. b.1 Indemnitv of Cit�. Company shall indemnif�,keep and hold$ie Citp free and hai�rnless £rorn an�� and all liabilitp on account of injuiy to peisons or damage to propeit}� occasioned b�� the construction,maintenance, iepau,inspection, die issuance of petmits, or the operation o£tl�e Electt�c Facilities located in tlie Public Giounds and Public Ways. The Cit��sliall not be indemnified for losses oi claims occasioned through its own negligence except fox losses or claims arising out of o�alleging the City's negligence as to die issuance of pe.�nits fot,or inspection of,Company's plans or wo�k. The Cit� shall not be indemnified if the injiu}r or damage results f�om the pezfo�nance in a pYopeY manner, of acts ieasonably deezned hazardous b3Y Companj�, and such pe.�fartnance is nevertheless oxdeted oi ditected bp City aftet norice of Compan�s dete�ninlrion. 6.2 Defense of Citt*. Tn the etTent a suit is brought against the Citp undet cixcuinstances whexe this agreement to indemnif��applies,Companj�at its sole cost and expense shall defend the City in such suit if wutten notice theieof is piomptly given to Company widun a period�v�ieiein Company is not piejudiced by lack of such notice. If Companp is iequired to indemnify and defend, it will thereafter l�ave control of sucli litigation, but Compauy ma}� not settle such litigation without the consent of the City,which conseut shall not be unreasonablp wid�lield. Tlus secti.on is not,as to third parties,a wai�rex of any defense oY immanit��othenvisc available to die City and Company,in defending any action on behalf of the City,sliall be entided to assext in any action evei�}�defense or immunily that the City could asseatt in its o�vn behaif. SECTION 7. VACATION OF PUBLIC WAYS. The City sh�l gi�re Compaizy at least two weeks prior�vi7tten notice of a pxoposed vacation of a Public Way. Except whexe Yequixed fox a Cit}*improt*emer�t project, the�racation of any Public Wa}; aftei the instaliation o£Eleca�ic Facilides,shall not opeYate to depr.ive Comp:uiS�of its xigiits to opeiate and maintain such Electtxc �'acilities, twtil the feasonable cost of Yelocating the satne and the loss and expense xesulting from such relocation are fust paid to Compan}�. In no case, tio�vever, shalt City be liable to Company for failure to specificall5�piesen=e a right-of-way undet Muinesota Statutes, Section 1G0.29. SECTION 8. CHANGE IN FORM OP GOVERNMENT. Any cl�ange in die foxm o£ go��ernment of the Cit�� shall not affect the �Talidit�� o£ tlus Ordinance. Any governmental unit succeeding the City shall, widiout the consent of Company, succeed to all of the xights and obligations of the Cit��pio��ded in t1�i.s Oa:dinance. 5 Docket No.E,G999/PR-13-7 . ' ' Informational Filing rlttachment r12 Page 6 of 8 SECTION 9. FRANCHISE FEE, 9.1 F�e Schedule. Duiing the te.un o£ the francluse herebp glanted, and in lieu of any peimit or oflier fees being iinposed on Company, tlie City may imposc on Companp a fi^anchise fee b� collecting die amounts indicated in a Fee Schedule set fordz in a separate oxdinance from each customer in the designated Companp Customei Class, The paities ha�*e agrced fl�at die initial fiancluse fee collected bj� the Company and paid to die Citp in accoidance�vidi this Section 9 shall not exceed tlie following amounts. Class � ree Pel Pieanise Per Month Residential �4.00 Sm C&I—Non-Dem �2.50 Sm C&I—Demand �18.50 Large C&I �75.00 Public Stieet Ltg �7.50 Muni Pumping N/D �2.50 Iviuni Pumping—Dem �18.50 9.2 Sepazate Ordinanee. Tlxe franchise fee shall be imposed bq a separate oxdinance duly adopted bp the Cit�� CounciI, which ordinance shall not be adopted until at least 90 days after �viitten notice enclosing such pxoposed ordinance has Ueen seizTed upon Compan3�by cerrified inail. The fee shall not become effecti��e unril the beginning of a Compan�billing month at least 90 days aftei written notice enclosing sucl� adopted otd'uiance has been sercTed npon Company by certified mail. Section 2,5 shall constitute the sole retned� for solviag disputes behveen CompanS� and the City in regard to the uiteipretation of, or enfoYcement of, die sepaiate oidivance. No action bp the Cit�r to implement a separate oidinance�vill coxnmence until dus Oidinance is effective. A separate ordinance�vhich imposes a lessei fiancluse Eee on the iesidential class of customers than tlie initial maxunum amount set fortl2 in Section 9.1 above shall not be effective ag�tinst Companp unless tlie fee imposed on eacli othei customer classification is reduced propoikionately irx the same or greatei amount per class as khe reduction�epiesented by the lessei fee on d�e residential class. 9.3 Terms De�ined. For die purpose of this Section 9, the follo�ving defuutions apply: 9.3.1 "Customei Class" shall refer to die classes listed on t�ie Fee Schedule, as set forth in the separate oidinance, and as defined oi dete�tmined in Companp's electric taiiffs on file �virh the Conunission. 93.2 "Fee Schedule" refers to the schedule in Section 9.1 and as set forth in the sepaxate ordinance setting fotdi t�ie�*arious customei classes fxom�vl�ich a franchise fee would be collected if the separate oidinance weze implemented immediately afte1 d�e effecti�e date of this ftancluse agreement The Fee Schedule in the separate ordinance maj�include new Customer CIass added b}r Company to its electiic tauffs afte,�the effecti��e date of this £rancluse ageeement. 9.4 Collection of the Fee. '�7ie franchise£ce shall be payable quarteil}T and sl�all be based 6 , Docket No.E,G999/PR-13-7 Informational Filing Attachment r12 Page7of8 an the amount collected by Compan�� duxing complete billing months dwting the pe�od for wlucli payment is to be made by imposing a succharge equal to the designated franchise fee for die applicable customei classification in all customeY billings £ox electiic sen�ice in each class. Tl�e parment shall be due die ]ast busin.ess da}' of die month follo�ving the pexiod for which the payment is made. 'I�e franchise fee ma}� be changed b�� ordinance fiom time to time; ho�ve�er, eack change shall meet the same notice requixements and not occur more often than annua]ty, Tlie time and ma�er of collecting the fi�anchise fee is suhject to the appro�ral o£the Coznmission. No fianchise fee shall be payable by Compan}� if Companp is legally unable to fv:st collect ui �mount equal to the fianchise fee fYom its customexs in each applicable class of customet�s bS*imposing a suxcharge in Companp's applicable rates for electric sei�c�ice. Company map pa}� the Citty the fee based upon the su��charge billed subject to subsequent reductions to accowit for uncollectiUles, refunds and coxrection of exconeous billings. Compang agiees to make its records a�Tailahle fox inspection�iF t}ae City at reasonable times pio�rided t��at die Cit�T and its desi�mated iepiesentative agree in writing not to disclose an�T info�Ynation which would indicate the amount paid by any identifiable customee or customers oi any othei inforn�ti.on zegaxding identified customers. In addition, �ie Company agiees to piovide at flie time of each _ payment a statement suvnmarizing how the franchise fee pay�ment was determined, including info�:mation sliowing any adjustmes�ts to the total suiciiuge billed in the pexiod foz wluch t�ie payment is being made to account for anp uncollectii�les,refunds or error co�ecrions. - 9.5 E�uivalent Fee Rec�uirement. The sepai�ate oidinance imposing the fee shall not be effecti�*e against Compan}�unless it la�vfullj�imposes and flie City montl�l�or more often collects a fee of taY of the same oi gLeater equn�alent ainount on the receipts fiom sales of energS��vlthin the Cit}'b}' any other energ� supplier,pxovided d�at, as to such a supplier, the Cit�� Izas d�e autl�outp to requue a fi�anclvse fee ox to impose a tax. T'he "saine or gYeater equi��alent amount" shall be measured, if piacticable, b}� comparing atnounts collected as a fi:ancluse fee from each similar customer, ox by compaung, as to similai customers the peicentage of the acuival bill xepresented bs� the atnount collected for fianchise fee puL�oses. The fianchise fee oY tax shall be applicable to energ}�sales for any enetg�use ielated to l2eating,cooIing oi figh��g,or to run maclunei��and appliances,but shall nvt apply to eneigy sales for the piupose of providing fuel fox vehicles. If dze Compan��specifically cansents in writing to a fiancluse o� separate ordinance collecting oi failing to collect a fee from another eneigy supplie,t in cantravention of dus Section 9.5, the foiegoing conditions will be�uai��ed to the extent of sucli written consent, SECTION 10. PROVISIONS OF ORDiNANCE. 10.1 e�Tei bili �. E�exyT section, provision, oY part of this Oxd'snattcc is declaYed separate fiom e�rerp othei section, pro��ision, oi pait and if anp section, pro�s�ision, or pait shall be held in��alid,it shall not affect an�othei section,pro�rision, oi part. WheLe a pxo��ision of an}'fl�11ei City ordinance conflicts widi the provisions of this Oidinance, the provisions of t�us Ordinance shall pret=ail. 10.2 Limitatioii on A��licabilit�. T1us Oxdinance constitutes a £ranchise agreement between the Cit�� and Companj� as tiie onlS� paities, and no pYovision of this fianchise shall in any wap inure to the benefit o£anS� t�urd petson (i�icluding the public at large) so as to constitute anp such peison as a third party beneficiax5�of the agreement oi of anp one ox moxe of the texms hereof, oi otheiwise give rise to any cause of action in anr peLson not a pait��liereto. 7 Docket No.E,G999/PR-13-7 Informational Filing Attachment i�2 Page 8 of 8 SECTION 11. AMENDMENT PROCEDURE. Eithei paxt�� to tlus fianchise agreement ma}� at any time piopose Y�2at die agieement be amended to addtess a subject of concern and thc othei pa�:ty will considei�vhethei it agiees that the Amendment is mutually appiopxiate. If an amendment is agreed upon, this Ordinance maj� be amended at an}T time bp �ie Cit�� passing a subsequent oidina�ce declaring the ptovisions o£ dte amendment, which amendatoiy oidinance shall Uecome effective upon the fil'ing o£ Company's written consent thereto�vith the City Clerk�vithin 90 days a£tet the date of fuial passage bp the City of the amendatoL��ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED, This francluse supeisedes ang p�evious elect�:ic fiancluse gianted to Company oi its �iC(�ecessoY. Passed and appioved:JanuaiS 28,2013. f� � �.�'�a�r01 Attes� �/� �? �� _�'� Clty CICYk Date Published: � -��(� 8 Docket No.E,G999/PR-13-7 I . Informational Filing rlttachment B1 I Page 1 of 3 CITY OF FOREST LAKE �RDINANCE NO. d22 AN ORDINt�NCE IIvIPLEMENTING A GAS SERVICE FRt1NCHISE FEE ON NORTHERN STATES POWER COMP�NY,A MINNESOTA CORPC�RATION,D/B/A ZCEL ENERGY,ITS SUCCESSORS AND ASSIGNS,FOR PROVIDING GAS SERVICE WITHIN THE CITY OF FOREST LAKE. THE CIT'Y COUNCIL OF THE CTTY OF FOREST LAKE DOES ORDAIN: SECTION 1. Tfie Cit�af Forest Lake IV�unlcipal Code is herebj�amended to include refe�ence to the following Special Ozdinance. Subdivision 1. Pu os , The Forest Lake City Council has detertnined fliat it is in the best interest of$ie Cit�to impose a fi�ancluse fee on diose puUlic utilit��companies that pro�*ide natutal gas set�ices wiflun tl�e Cit�r of FoYest Lake. (a) Puxsuant to Cit��Ordinance 621, a Fi�ancluse Agreement between the Cits of Foiest Lake and Northern States Po�ver Company,a Minnesota corpora�ion,d/b/a Zcel Energy,its successoxs and assigns,the CitS�has die�iglit to impose a franchise fee on No�thexn States Po�ver Company,a Iviinnesota co�poxation,d/b/a Xcel Energ}�,its successors and assigns,in an amount and fee design as set foxth in Section 9 of the Noit�iein States Potver Companj� Francluse and in the fee schedule attached hexeto as Schedule A. Subdivision 2. Franchise Fee Statement. A francluse fee is heieby imposed on Noithern States Power Companp,a lvfinnesota Coipoxation,d/b/a Xcel Energj�,its successozs and assigns,under its gas franchise in accoidance with the schedule attRched l�ere ta and made a part of tlus Otdinance, comrnencing�vith the�icel L�nerg}�Map,2013 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single pa•emise, but only one accoun#, 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 eaeh rate classif cation, whi�ch will resu�t in more than one franchise fee assessment for elect�ic service to that premise. If the Company eombines 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. Tn 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 wili control. Subdivision 3. Payment. The said Erancluse fee shall be payable to the Cit��in accordance �vith the terms set fortli in Section 9 of d�e Iirancluse. Subdivisiotx 4. Surchat�e. 'I�ie Cit��iecognizes diat the Ntinnesota Public Utilities Commission map allow Companp to add a surchazge to customer iates of cit}T residents to reimbuise Compan}�for the cost of the fee. 1 Docket No. E,G999/PR-13-7 , Informational Filing r�ttachment B1 Page 2 of 3 Subdivision 5. Record Suunort for Paymen�. �ccl E�iergy shafl make each pa�ment when , due and,if Yequired b}�the City,shall pio�ride at the time of each payment a statement summaitizing how d�e fiancluse£ee papment�vas dete�nined,inciudit�g in£ortnation showing anj�adjustments to die total - suicharge bilied in die period for�vhich die payment as being made to account foi an�*uncollectibles, refunds ox eiror correctians. Subdivision 6. Enforceinent. Any clispute,including enforcement of a default iegatding dus o�dinance will be iesol�ed ui accoidance wit�� Section 2.5 of the Fianchise Agreeinent. Sttbdivision 7. Effective Date of Franchise Fee. The effective date of t[us Oidinance shall be after its publication and ninet� (90) da��s aftei the sending of wxitten notice enclasing a copy of this adopted Oxdinance to Xcel Enesgj��p ceYtificd mail. Collection of the fee shall commence as provided in above. Passed and appio�ed: Januaa.��28,2013. P-- Cb ' ohnsoir,AIa�}�or At�est: � /._._, __�7/,l — — .f1a�v�r Prrrri.rh,Ci�Cle�k SEr1L 2 � � • Docket No.E,G999/PR-13-7 • , , Informational Filing �ttachxnent B1 Page 3 of 3 SCHEDULE A Ftanchise Fee Rates: Gas Utility� The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retait customers within the Ciry: Class Amount�eY inonth Residential $3.00 Commeicial Fum Non-Demand �7.50 CommeYcial Fiim Demand �15.4(} Small interxuptible �75.UQ Medium and Latge InterYuptible $15A0 Firrri Transportation �15.00 Inte��uptible Transpoxtatiou �15.00 Francluse fees ate to be collected b�the Utility at the rate listed below,and submitted to the City on a quaiterly basis as follows: January*—Marcl�collect�ans due by April 30. Ap:il—�une collections due by Julj*31. Julp—Septembei collections due by Octobei 31. Octobex—Decembex collections due by Janual�}�31. 3 � , Docket No. E,G999/PR-13-7 • Informational Filing �ttaclunent B2 Page 1 of 8 CITY OF FOREST LAKE GAS FRANCHISE ORDINANCE ORDINANCE NO.G21 CTTY OF FOREST LAKE,WASHINGTON C�UNTY,MINNESOTA AN ORDIN.ANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, I'I'S SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTATNING IN THE CITY OF FOREST LAKE, MINNESOTA, THE NECESSARY GAS PIPES, MAINS.AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION O� GAS 'TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH TI�E CITY.AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF FOREST LAI�, WASHINGTON COUNTY, - MINNESOTA,ORDAINS: SECTION 1, DEPINITIONS. For purposes of this Ordinauce,tl�e following capitalized terms listed in alphaUetic:►1 order shall ha�Te die following meanings: 1.1 City. The City�o£ Fo�:est Lake,County=of Washington,State o£1vlinnesoG�. 1.2 City Utility System. Facilities used for pxoviding non-energy� related pubfic utility service owned oi opei�ated b}*CitS*or agency thereof,including se�vei and watei setz*ice, but excluding facilities for pioviding heating,lighting ox other.£oiYns of ener,gy. 1.3 Cornmission. 'The Minnesota PuUlic Utilities Commission,oi any successor agencj�or agencies,including an agencp of die fedeial go�=einment,�vhich pYeempts a11,oi part of die auttiofity to �:egulate Gas retail tates nrnv t�ested in the l�iinnesota Public Utilities Comtnission. 1.4 Company. Notdiern States Powei Company, a Minnesota coipoi�arion, d/b/a Xcel Eneigy,its successois and assigns. 1.5 Gas. "Gas" as used herein sl�all be held to inclade natural gas, manuEactuted gas, oi ot�ieL form of gaseous energy. 1.6 Gas Pacilities. Pipes,.mains, regulatois, and othei facil[ties owned or operated b� Company foY the purpose of proriding gas sei�ice fox public use. 1.7 Notiee. A�vritten notice set-��ed by one paity on the odier partr xefexencing one or moie pro�*isions of tlus Otdinance. Notice to Company shaIl be mailed to the General Counsel, 414 Nicollet Nlall, 5`" Floor, Ivfinneapolis, AZN 55401. Notice to the Cit}� shall be mailed to the City 1 Docket No. E,G999/PR-13-7 � Informational Filing Attachxnent B2 Page 2 of 8 Administrator, Cit��Hall,22Q L�ke St�eet Noith, Foiest Lake,MN 55025. Eitlxcz paxty may change its respecti�Tc add�ess for tile purpose of tlus Ordinance bj�written notice to the otliei part��. 1.8 Public Ground, Land olvned b� tlie City for park, apen space or sinvlar puzpose, which is held for use in commoii by die public. 1.9 Public Way. Any st�eet,alle�,wallcwa5�or odter public right-of-wa��within the Cit��. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Francluse. Citp hexeby giants Company, fox a period of 20 yeaxs from die date passed and appxo�=ed by the City, the rigiit to nansmit and fiimish Gas energ� foi light, heat, power and othet puiposes for pub3ic and puvate use within and d�ougl� die limits of the City as its boundaties no�v exist or as tliej�map be extended in the futzue, Fox these pu�.poses, Company may const�uct,opef�ate,repau and mauitain Gas Facilities in,on,over,under and acioss the Public Giounds and Public Ways of Cit��, subject to the pio�=isions of this OYdinance. Comj�any ma}�do aIl reasonable things necessat�}� oi customat�� to accamplish fliese puxposes, subjecx, however, to such reasonable reguiations as may be imposed b}T the Cit��pursuant to oidinance and to the futthea pro�=isions of this francluse agYeement 2.2 Effecti�e Date: Wxitten �cce� nce. Tlvs franchise agxeement shall be in foice and effect fiom and after passage of this Orclinance, iLs acceptance hF Company, and its publication as required by Iaw. The City U��Council xesolution ir►ay re�oke dus fianchise agieement if Companj�does not 51e a w�tten acceptance�vith the Cii��within 90 days after publication. 2.3 Sei�*ice and Rates. The se��iice to Ue pro�rided and the Yates to be charged bj�Companp for Gas sezidce in City are subject to the jurisdiction of the Cominission, 2.4 Publication E�ense. 7�ie expense of publication of rhis Ordinance will be paid by City and xeimbw.sed to City by Compan3�, 2.5 Dis�ute Resolution. I£ eithe�: part�t asseits that the othei paity is in default iti the perforn�ance of an� obligation hereunder, flie compL2ining patt�= shall notify the other pazty of the default and the desired remedy. The notification shall Ue w�tten. Representati��es of die parties must pxomptly n�eet and attempt in govd faidi to negotiate a resolution o£the dispute. If the dispute is not resol�=ed �vitl�in 30 days of the w�tten notice, die paities ma� jouidy select a mediatox to facilitate furthei discussion. The paxties will equally share the fees and e.Ypenses of dvs mediator. If a mediator is not used oi if flie paities are unable to resol�*e flie dispute��idun 30 days after first meeting with the selected mediatox, eithe1 partF inay commence an action in Disttict Coutt to interpret aad e.n£oxce this feanchise ox for such odier�elief as may be permitted by 1aw or equi�foi breach of contract,or either patty map take anp othex action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. C,as Facilities shall Ue located, constructed and mainta,ined so as not to interfeie�vith the safet��and con�*enience of otdinai�travel along and over Public Ways and so as not to disrupt norcn.�1 opexation of anj� Cit��Utility S3�stem �rcaiously instatled theiein. Gas I'acilities shall be located on Public Grounds as dete�nined bp the Citp. Compan�s construction,Yeconstnaciion, 2 . Docket No.E,G999/PR-13-7 Informational Filing 1lttachment B2 Page 3 of 8 opeiaiion, repair, maintenance and location of Gas Facilities shall be subject to permits if iequired bp separate ordinance and to other ieasonable iegularions o£the Cit�=to die extent not inconsistent�vith die te�ns of tivs francluse agreement. Companr ma�� abandon undei�gxound gas facilities in place, _ pYo�*ided, at City's iequest, Company tivill remo�re abandoned meral pipe interfe�r►g �vith a Cit�� improtiTement pYoject,but onl}=to the e:cfent such metal pipe is uncovered bp excai�ation as part of t�ie Ci�'s impioY�ement project. 3.2 �aeld Locations, Company shall piot�ide field locations for its unde�ound Gas Facilities�vithin City�consistent�vith t��e iequuements o£Minnesota Statutes,ChapteY 216D. 3.3 Sh:eet O�enin�s. Company shall not open o�dishub an�Public Ground oi Public Way for an� pwpose widiout fust having obtained a peLmit fiom d�e Git��, if reqiuied bjT a sepaiate oidinance, £or�vluch die Cit��map impose a ieasonable fee. Peirnit conditions imposed on Companp sl�all not be moie butdensome than tl�ose imposed on odiei uti]ities £oi similai facilities o� work. Companp maj�,howe�er, open and distuib anF Public Giound oi Public Wap�vidiout permission fiom . die Cit���vheze an emesgencs= exists requuing the immediate iepaix of Gas Faciliries. In such e�ent Compat�y sl�all notifj�dxe City�by telephone to die office designated by the Cit��as soon as ptacticaUle. Not l�tei than d�e second�vo�king dap diereafte�:,Company shaU obtain any iequi�ed permits and pay an3�iequired fees. 3.4 Restoration. After undeitaking any�voik iequiring t�ie opeiung of anp Public Ground oi Public Wa}�, Companp shall restoie ti�e same, including pa��ing and its foundation, to.as good a condition as foxmerly existed, and shaU maintaui any pa�red suiface in good condition for two y�eats thereaftei. The woik shall Ue completed as piomptlp as �veathea� peiYnits, and if Coml�any� shall not promptlj�perfoim and complete die�vork,ietno��e all dut,iubbish,equipment and mate�tial,and put the Public Ground or Public Wa�in the said condition, the City shall ha�*e, after demand to Company to ctue and the passage of a�easonable period of tune follo�ving die detnand,but not to exceed fi�e days, the right to make die�estoiation at the expense of Company. Company shall pay to tl�e City the cost of such woik done for or peiformed bj� die Cit��. This �emedj�sl�all be in addition to any otl�er remedy ' available to the Ci�j� foi noncompliance with this Section 3.4, but die City heieby �vai�Tes any iequirement for Companj�to post a construction peiformance bond,ceitificate of insurance,letter of ciedit oi anj� othe� form of secut7t��oi assu�ance that map be�ec�uued, undee a separate e:cisting o� future otdinance o£die City,of a peason oi entity obtaining the City's permission to i�istall,replace oi maintain facilities in a Public Waj�. 3.5 A�=oid Damage to Gas P'acilities. Nodung in this O�dinance relieves any peison feom liabilit�� a�sing out of the failure to eleicise reasonable cate to at=oid damaging Gas Facilities wivle pe.�forming an�actirity. 3.6 Notice of Im�Yoveinents. The City must gi�e Companj��easonable nodce of plans fo� impio�ements to Public Giounds or I'ublic Ways whexe the City has reason to Uelieve that Gas Facilities ma3�affect or be affected bj� the impio�ement. The notice must contain: (i) the nature xnd chaiacter of tlte improvements, {iu� the Public Giounds and Public Waj�s upon wluch the improt*ements aYe to be nvzde, (iu) die extent of the improrements, �v) t�ie time tvhen the Cit}*will staLt the work,and {v) if more tiian one Public Ground oi Pubiic Wap is in�rolved, tlze oidex ui wluch t�ie woxk is to proceed. The notice must be giren to Cnmpany a sufficient length of tiine ui advance of the actual commencement o£the work to permit Company to make anj�necessalp additions,alterations or tep�us to its Gas Facilities. 3 , Docket No.E,G999/PR-13-7 Inforinational Filing �ttachment B2 Page4of8 SECTION 4. RELOCATIQNS. 4.1 Relocation of Gas F�cilities in Public WatTs. If the City dete,iYnines to t=acate a 1'ublic Way fox a City impiovement pxoject,or at Cit��'s cost to gxade,zegrade,oi cZ�ange die line of an��Public Wa��, ox construct or xeconstruct an� Cit��Utility S}�stem in anp Public Way,it may oider Company to relocate its Gas Facilities located thexein if relocation is reasonably necessai�� ta accoxnplish the Cit��'s pioposed public improvement. L�cept as provided in Section 4.3, Company sliall Yelocate its Gas Fac'tlities at its o�vn expense. 'The Cit�r shaIl give Company reasonable notice of plans to t*acate fox a Citp impLovement project,oi to gradc,iegi�ade,oi change the line of any Public Wap ot to construct or reconst�-uct an��Citp Utilit�r System. IE a relocation is oideied wi�un five pears of a prior i�elocation of t�ie same Gas Facilities,which�s made at Compan�� expense, the Cit��sliall ieimbutse Compan�foi Non-Betterment Costs on a t2tne and inaterial basis,pro�rided that if a subsequent ielocation is required because of tlie extension of a Cit�� Utilit�� Spstem to a pxeviously unsei��ed area, Coinpan}� map be Yequired to make die subsequent relocation at its eYpense. Notlung in diis Ordinance requires Companp m relocate, xemot�e, ieplace or ieconsttuct at its own eapense its Gas Facilities where such relocarion,iemo�al,replacement oi ieconst�vction is solelp far die con��etuence of tlze Cit��and is not ieasonabl�� necessaz�i foi ti�e consn-uciion oi ieconst�vction of a Public Way oi Cit�� Utilit�� System or o#her City itnp�ovement � 4.2 Relocation of Gas Facilities in Public Ground. City ma�* requu�e Company at Compan��'s expense to relocate oi iemo�*e its Gas Facilities fxom Public Ground upon a ftnding bp Cit� diat t�ie Gas Facilities ha�*e become or�vill become a substantial impauYnent to the e�ist'tng ox proposed public use of the Public Ground. 4.3 Piojects widl Fedexal Fundi.ne. Cit��sIiall not o�de.Y Company to remoj*e or relocate its Gas Facilities wlien a Public Wap is j�acated,improved ot iealigned£or a iight-of-way project or an�other pxoject�vlucli is financially subsidized ui whole or in part b�T the Federal Govexrunent or an�agency theieof,unless flie ieasonable non-betterment costs of such relocation ate fust paid to Company. The Cit��is obligated to pa}�Compan}�onl�T for those poitions of its xelocadon costs for �vluch Cit�T has received federal funding specifically allocated fof relocation costs in die amount requested by t�ie Company,wl�ich allocated funding die City shall specificallj�rec}uest Relocation, removal or reariangement of an�T Companp Gas Facilities made necessary because of a fedexallp- aided highway pioject shall Ue governed by the pro�risions of�iinnesota Statutes,Section 161.46,as supplemented or ameaded. Tt is undexstood that the iights herein gxanted to Company aYe valuable t-ights. 4.4 No Wait�ei. The proriszons of this fi�ancluse appl}� only to facilities constiucted in relianee on 1 francluse fiom die Cit��, and including those facilities const��ucted behveen Decembei 10, 2009 and the date of this fiancluse agreement,and shall not be canstrued to wai�re or modify anp rights obtained b�� CompanjT fot installatiotis wit��in a Companp �glit of-wa}* acquired by easement oi presc�pti�*e right befoie the applica,ble Public Ground or Public WaF�vas established, or Companp's s�ghts undei state or county permit SECTION 5. TREE'TRIMMTNG. 1 Companp is also gxanted the permission a.nd authoiity to tr�m all shrubs and trees,includ'uig ioots, in the Pubfic Waps of Cit��to the extent Companp finds necessaiq to a��oid iute�ference with the ptopex 4 _ Docket No.E,G999/PR-13-7 Informational Filing �ttaclunent B2 Page 5 of 8 const�-uction, operation, repair and intintenance of Gas Facilikies, pro��ided diat Compan� shall sa�Te City l�a�nless fiom aiij�liabilit}�in t�ie premises. SECTION G. INDEMNIFICATIOTj. 6.1 Indemnit�of Cit;,�. CompanS�sl�all inderYuiify,keep and hold die Citp ftee and hartnless fcom any and all liabilit�T on �ccbunt of injuiy to peisons or damage to piopea_ty occasioned by the const�uction, maintenance, repau, inspection, die issuance of permits, or the operation of the Gas Facilities located in die Public Gxounds and PubIic Ways. Tlze Cit�*sliall not be indemni£ted for losses ot claims occasioned thcough its o�vn negligence e�cept foi losses oi clauns ar.ising out of o�alleging die Cit��'s negligence as to the issuar�ce of permits foY,oi inspection of,Company s plans or work. The Cit� sl�all not Ue indemnified if the injurs� or damage fesults £eom die performance in a propea�mannei of acts xeasonablp deemed hazardous by Compan��, and sucli performance is neverdieless oideied or diiected by Cit��after notice of Company's deteimination. 6.2 De£ense of Cit�T. In the e�•ent a suit is btought against the City undec ci�cumstances �vhere dvs agreement to indemnif��applies,Company at its sole cost and eYpense sl�all defend the Cicy ui sucix suit if�v�tten notice thei-eo£is ptompfljr given to Company�viflun a peuod�vherein Company�is not prejudiced by lack of such notice. If Companp is iequired to indetniuf�� and defend, it will theteaftet �a�=e conteol of sach litigation, but Company maq not settle suclx litigation widiout the consent of the Cit��,wlucli consent shall not be utueasonabl��vithheld. Tlus section is not,as to tluYd pairies,a wai�rei of any defense or immunity okhet�vise a��ailable to die Cit�and Company,in defending any action on behalf of d�e Cit��stiall be entided to assert in an3*action etrei��defense oi untnunitg thut the Cihr could assert in its own bel�alf. SECTION 7. VACATION OF PUBLIC WAYS. The Cit��s111ll gi�cre Compan�=at least rivo weeks pridr�vt7tten notice of a ptoposed�Tacation of a Public Wa��. Except wheie requued for a Cit��impiovement p�oject, the�=acation of anj�Public Way, after t�ie installation o£Gas Facilities,shall not opexate to depiive Companj�of its riglits to operate and mainrain such Gas Facilities,until die reasonable cost of ieiocating the same and d�e loss and e�-pense resulting£rom such ielocation aie fust paid to Compan��. In no case, ho�veve.r, shall City be liable to Companj�for failuie to specificallj�p�:ese,��Ye a�ght-of-�vay undei Minnesota 5tatutes,Section 160.29. SECTION 8. CHANGE IN PORM OF GOVERNMENT. Any change in the form of go�ezn�nent o£ t�zc City shall not affect the validit}� of dus Oidinance, t�n�� governmental unit succeeding the Cit�* shall, widiout the conseut of Company, succeed to all of the uglits and obligadons of the Czty pYotTided in tlus Ordinance. SECTION 9. FRANCHISE FEE, 9.1 Fee Schedule. During die te� o€ tlte francluse heieby gianted, and in lieu of any permit oi other fees being imposed on the Company,the City map itnpose on t�ie Compan�a francivsc fee bp collecting die amounts indicated in a Fee Schedule set foi�th in a separate otdinance fiom each custoxner in the designated Companp Customer Class. The patties have agieed diat the initial fiftnchise fee collected bp die Compan��and paid to the City in accoidance wit�i this Section 9 shall not eYceed the follo�ving amounts: S Docket No.E,G999/PR-13-7 Informational Filing �ttachment B2 Page6of8 C ss Fee Per Pzemzsc Pet A�Ionth Residential $3.00 Comine.rc.ial Firm Non-Demar�d �7.50 Commeicial Fisxn Demand �15.00 Small Interlvptible �75.00 Ivledium and Large Interi�uptible $15.00 Firin Tiansportation $15,00 Intea.ruptible Txansportation $15.0� 9.2 Se�axate Ordinance. Tlie fianchisc fee shall be imposed b��a separate oxdinance duly adopted by die Cit��Council,which oxdinance shall not be adopted until at least 90 days aftei written notice enclosung sucli proposed oidinance has been senred upon Companp by ce�tified mail. The fee shall noe become effective until the beginning of a Company billing month at least 90 days afteY . wutten notice enclosing such adopted o�dinance has been served upon Company b�� ce�:tified mail. Section 2.5 s1ia2l constitute the sole .�emedy £or sohring disputes between Company and t�ie Cit��in regard to the intei�pretation of, or enfoicement of, the separate ordinance. No action bg the Cilp to implement a sepaiate oiclinance will commence until tl�is Ordinance is effecti�re. t�separate ordinance �vhich itnposes a lessei franchise fee on the residential class of customeis than the initial maximum amount set foxdx in Section 9.1 above shall not Ue effecti��e against Companp unless die fee imposed on each ofliei customei classification is reduced propoYtionately in the satne or gieatei amount per class as flie rednction repxesented b3�die lessei fee vn the residentiai class. 9.3 Collection of tlie ree, The fi�anchise fee shall be papable quartcslj�and shall be based on t��e amount collected bj� Compan� during complete billing months dw3ng the peziod for which papment is to be made bp imposing a suxcharge equal to the designated fianciuse fee foi the applicable custome.� classiHcation in all customeY billings for gas setvice in each class. The payment sl�all be due the last business da}�of the mondi following die peziod fox which die payment is made. The franchise fee may be changed Uj�ordinance from time to time;hoYvever, each change shall meet the same notice requiLements and not occur more often than annually. The time and manner of collecring the francluse fee is sub}ect to the appro�Tal of the Commission. No fi�ancluse fee shall be payable by Company if Companj�is legally unable to fii�st collect an atnount equal to die fi�ancluse fee fxom its cezstomeis in each applicable class of customeis by imposing a surcl�aige ui Company's applicable �ates fox gas �service. Company ma�� pa3T the City the £ec based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,xefiuids and coi7ection of erioneous billings. Companp agiees to make its xecoxds available foi inspectian b}r the Cic��at reasonable times pxo�rided d�at the City and its designated representati�e agree in �v�iting not to disclose an�� information which would indicate die amount paid by anp identifiable customer or customeis oY an3�odier inforniation regaiding identified customers. In addition, the Company agrees to p�ovide at tkie time of each paj�ment a statement summa�zing how the franchise fee payment �vas determined, including info�nation showing any � adjustments to the total stucharge billed in d�e period for wluch the pa�Tment is being made to account foi any uncollectibles,refunds or error coiYections. 6 . Docket No.E,G999/PR-13-7 Informational Filing �ttachment B2 Page 7 of 8 9.4 Terms Defined: 9.4.1 "Customex Class"shall iefel to classes Iisted in d�e Fee Schedule,and set£orth - in die sepai�ate oidinance,and as defined or determined ui Companj�s gas xate book on file with the Cominission. 9.4.2 "Fee Schedule" refers to t}ie Schedule in Section 9.1, and as set foYth in the sepai^ate ordinance, setting fox-th tlie ��atious custoiner classes fiom wluch a fiancluse fee �vould be collected if die separate aidinance wea�e itnplemented unmediatelj� after die effecti.�e date of this franchise ag�:eement The Fee Schedule in �lie sepaiate o�ciinance ma�*include new Customet Classes added by d�.e Company to its gas tariffs aftei die effective date of dus fiarichise agreement 9.4.3 Thetin shall Ue a unit of gas providing 1OQ000 Btu of heat content adjusted for billing put�oses undei the iate scl�edules of Companj� on file with t}ie Commission. . 9.5 Eaui�=alent Fee Rec�uiYement. The separate oxdinance imposing the fee shall not be effecti��e against Compan}7 unless it lawfully imposes and the Cit��inond�ly o�more often collects a fee or tax of the sam.e or gxeate�equi��alent amount on die ieceipts fiom sales df energj��vithin the City by an3� other eneigy supplier, piovided that, as to suck a suppliet, die Cit�T has the audioritS� to requue a fianchise fee os to impose a tax. The "same oi gieatei equi�alent amount" shall be measured, if practicable, b}� compating amounts callected as.a franchise fee fxom each similar customer, or Uy compaung, as to similax customexs die perceneage of die annual biIl iepiesented by the amount collected for franclvse fee pua.poses. The francluse fee oi tax shall be applicable to eneigj*sales foi anp enexgp use ielated to heating,cooling or ligliting,oi to run machinei-��and appliances,but s�iall not apply to energy sales foi die pui�ose of providing fuel foi vehicies. If the Company specifically consents in �vriting to a fi�ancluse or sepaxate oxdinance collecting oi failing to collect a fee from anoflier energp supplieY in contta�Tention o£dus Secrion 9.5, die foiegoing conditions �vill be tivai�red to flie e.ttent of such wxitten consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Se�*eiabilinr. E�ei�section,provision, or part of dus Ordinance is declared sepai^ate from e�TeiSl other secteon, prot*ision, oi part and if any section, piorision, oi part shall be held intiTalid,it shall not affect an��other section,piovision, or patt. Where a pio�rision of anF other City oxdinance contlicts with the piovisions of tl�is O.tdinance, the pro�e�isions of �lus Oidinance shall pie�Tail. 10.2 Limitation on A�nlicabilit�. This Oidinance constitutes a fiancluse agteement between the City and Compan�* as the only patties and no provision of this fiancluse shall ui an� �vay inuze to t�ie benefit of an� tl�d peison (includ'uig the puUlic at large) so as to constitute an�� sucl�person as a thiid pait�beneficiai��of the agreement or of any one ox moxe o£die terms hereof, oi othenvise give use to any cause of action in any pexson not a paity hereto. 7 , • Docket No.E,G999/PR-13-7 Informational Filing �ttacliment B2 Page8of8 SECTION 11. AMENDMENT PROCEDURE. Either part�� to this franchise agteemcnt may at an�T time propose that the agxeement be - amended to address a subject of concern a.nd the othei part3*will conside1 whetlier it agrees that the amendtnent is mutually appxop�iate. If an amendment is agxeed upon, this Ordinance map be amended at any time by the Cit�� passi.ng a subsequent ordinance declaring the provisions of the amendm.ent, wluch amendatax� orc}ivance shall become effecti�e upon the filing of Company's �vutten consent thexeto wit]i the Cit�� Cletk within 9� da3�s after die date of final passage bjr the Cit�� of the amendatorj�oidinance. SECTI4N 12. PREVIOUS FRANCHISES SUPERSEDED. This fianclvse supersedes any pre��ious Gas fianchise gi�anted to Company oi its predecessox. Passed and appioved:Januafy 28,20I3. � v N��FOl Attest � . �`, , City Clerk Date Published: "� '�� y �'� 8 Docket No.E,G999/PR-13-7 Informational Filing Attachment C1 Electric Redline Northern States Power Company, a Minnesota corporation Minneapolis,Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO.2 FRANCHISE AND OTHER CITY FEES(Continued) Section No. 5 4t�t5th Revised Sheet No. 93.2 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 F�anchise Fees' a ia ` � °++' c � ' ❑ !? , , - :_' _ � aa ... a c c °6 � °e a °� m rn a a' �: _a � ,a ; ° d C) a� t� � t� � � _- 'C � . t! �ct � !! � = V �•!R �a w a , a a R �` a�'i ` E o E m m � a� � 3 0 = a a�i � .x ' 't� a wz u� o � n. .� � az � ao u� _, m Faribault' $1.35 $1.60 $32.00 $280.00 - - - 01/2006 '11/08/2024= Forest Lake 4.00 2.50 1 , 0 �5. 7.5 $2.50 18.50 �T:�.�2t?'i� 01..1712i�?3 N Golden Valley $2.00 $2.00 $22.50 $206.00 - - - 09/2011 12/17/2027 Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 ' 07/2006 04l30/2026 Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00 01l201D 12131/2014 Henderson $3.00 $3.00 $3.00 $3.00 - - - U4/2012 08/36/2039 Hopkins $1.70 $3.35 $15.00 $105.00 - - - 03/2012 72/31/2013 � Lexington $2.25 $3.75 $25.00 $130.00 $3.75 $3.75 $25.00 13/2012 90/05/2033 Lindstrom $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 06/2009 02/2$/2029 Little Canada $2.75 $525 $40.00 $230.00 $15.50 $2.00 $3.00 '. 07/201D 08l2S/2023 M dis n L�ke 1.00 1.00 1.00 1.0 1.0 1.OQ �1.Qo (�b12t31:? tl2:�13/2U3' N Mahtomedi $1.30 $1.38 $14.40 $110.28 $12.71 $0.63 $14.84 0'!/200� -9D/18l2024 p,� Mankato $0.50 $1.00 $10.00 $130.00 $1.00 $0.25 $1.00 10/20�8 fl4/10/2014 Mantorville $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 11/2012 _08/9212032' Maplewood $0.75 $1.50 $9.00 $67.50 $0.75 $0.75 $0.75 03/2D10 d2128l2�15' 'Faribault: The franchise fee exGudes invoices to the city for street lighting and municipal pumping. (Continued on Sheet No.5-93.3) Date Filed: ^° '� �' p ^� '� "_ By: Judy M. Poferl Effective Date: '^-�� 02-26-13 05-01-13 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-12 S:\General-Offices,GO-01\PSFIRA1Rates�Proposetl�Mn_elec\09-0970 StatWe 8 Rule ChangesVranchlsa feesUnformaUonal f7ings\Foresl LakeNAe_5 093-02_i05 redline.doc Final Northern States Power Company,a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO.2 FRANCHISE AND OTHER CITY FEES(Continued) Section No. 5 5th Revised Sheet No. 93.2 Franchise and other city fees,as designated below will be included in the customers'monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100°/a of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees d c ° ' e � n c v � V 'a V tn ta a � m n � .a � .o ,� - 'C _c � m � r , � n. '? ...� 'Q � ';� � ,�' � � o ___ E a�i `m � m � � o � ' m � a U � m z m o � a_� __ � n. z: � a o w u'3 Faribault' $1.35 $1.60 $32.00 $280.00 - - - 01/2006' 11/08/2024 Forest Lake $4.00 $2.50 $18.50 $75.00 $7.50 $2.50 $18.50 0512013' 01t2712033 N Golden Valley $2.00 $2.00 $22.50 $206.00 - - - 01l2091 12l17/2027 Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 07f2046 a4130/2026. Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00 D1/20'10' :'12/31/2014 Henderson $3.00 $3.00 $3.00 $3.00 - - - 04/2012' 08/76/2031 Hopkins $170 $3.35 $15.00 $105.00 - - - 01/2D12 72/31/2013 Lexington $2.25 $3.75 $25.00 $130.00 $3.75 $375 $25.00 11/2012 14/05l2p31 Lindstrom $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 0612�09' 02i28/2029 Little Canada $2.75 $5.25 $40.00 $230.00 $15.50 $2.00 $3.00 07/2010 08/26/2023 Madison Lake $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 05/2013 D2/03/2033 N Mahtomedi $1.30 a1.38 $14.40 $110.28 $12J1 $0.63 $14.84 09/2005 9{119 813 0 24 Mankato $0.50 �1.00 $10.00 $130.00 $1.00 $0.25 $1.00 1D/2408 04l30l201A Mantorvilie $2.00 �2.00 $2.00 $2.00 $2.00 $2.00 $2.00 11/2012 OS/12/2032 Maplewood $0.75 $1.50 $9.00 $67.50 $0.75 $075 $0.75 03/2010 02/28/2015' �Faribault: The franchise fee excludes invoices to the city for street lighting and municipal pumping. (Continued on Sheet No. 5-93.3) Date Filed: 02-26-13 By: Judy M. Poferl Effective Date: 05-01-13 President and CEO of Northern States Power Company,a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-12 S:\General-0ffices-GO-011PSFlRAUtates\CurrentWln eleclMe 5 093-02�05.doc Docket No.E,G999/PR-13-7 Infonnational Filing �ttachment C2 Gas Re dline 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 Qr�g}��11st Revised Sheet No. 44.1 � 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 govemment unit. - Indicates fee is not applied * May include Negotiated Transportation Senrice. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. Franchise Fees k � a ' d d ? � ° m R � � io � � � a � ,a. ;� :a ,� G �. c y ' � � � a � a o 'a, o � ' a m J ,a £ � - � � a � a � � � R 3 m 'h m � �, Lo E E � E E E ' aa ,d �y a� c c �� � �, fl � o o � m � .. d �a °�' � : � `� � i�e L�' ' � L� tt Z U u. O t►S = 2 .J � " LL F- 5 h- W LL] Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 Q112pp5 fl8/�6/2024 Bayporl $1.25 $10.00 $25.00 $10.00 $50.�0 $10.00 $10.00 02l2071 12/31/2013 Chisago City $1.00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 06/2D09 12/33/2028 � Cottage Grove $1.65 $4.95 $8.25 $16.50 $24.75 $2475 $2475 D1f20i0 11/04/2023 Delano $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 01/2043 per therm per thertn per therm per therm per therm per therm per therm East Grand Forks 3.0% 3.0°k 3.0°h 3.0% 3.0% 3.0% 3.0% 1212005 12J19/2025 Faribault' $1.62 $378 $32.40 $91.80 $270.00 - - 01t2006 11l08I2024 Fores3Lake �3.Q0 7.50 15.0C3 75.q0 15.00 15. 4 15.00 t,�!"I_� 3 €;', I E,°s=;3 N Goodview $2.35 $3.50 $55.00 $30.00 - - - fl7l2006 D4/3012026 ' $0.005 $0.005 $0.005 $0.005 $0.005 ;��'�+"3"#F c�rl'�'2�'�>� ' Lake City 2.0% 2.0% C per therm per therm per therm per therm per therm =j�;1�=h. ;�:�;�?:��;: ' Lindstrom $1.00 $3.00 - $30.00 - - - 46I2009 12/33/2029 5.0% small $0.005 Moorhead 5.0% 5.0% 5.0% 5.0% 5.0% $0.005 D9t1991 07/3112014 per therm per therm medium& large � � Faribault:The franchise fee exGudes the city,invoices to the city,or meters on city facilities or property. (Continued on Sheet No.5-44.2) Date Filed: ��-9�-�802-26-13 By: Judy M. Poferl Effective Date: 8�-�� 05-Q1-13 President and CEO of Northem States Power Company,a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:\General-Offices-GO-01\PSFIRA\RateslProposedNAn_gas\0&0970 Statute 8 Rule Changeslfranchise fees�nformational filings�Foresl LakeU4�5_44-01_r01_redline.doc Final 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 1st Revised Sheet No. 44.1 Franchise and other city fees,as designated below will be induded in the customers'monthly bills computed under the indicated rate dasses and effiective in the following Minnesota communities: The Company remits 100%of these fees collected from ratepayers to the local govemment unit. - Indicates fee is not applied • May include Negotiated Transportation Service. Any future NTS customer in a franchise aty without a specific NTS iranchise rate will be billed the Firm Transportation franchise fee. Franchjse Fees . ' ''c c � _ 'a _ m ; m ' ° ° ;� R : � .� �c o �? � m � a � a � � ,� 0 � � ' � � m a � a ° � ° > .� . . 'a � 1.I� .� � l4 !. � �3. Cf � .�:y � �. . i N� ..j ' � . �, in E E c E E E "c m -� a� a`� E c a`� c' d a � � d � � `. ' � � , L? ��� � U tt':Z .�U li�`.�. �..iA .� ..,.+� J � �' .ii t�- � F ..� �_W � W . Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 Oi12DQ5 08/16/2024 ' Bayport $1.25 $10.00 $25.00 $10.00 $50.00 $10.00 $10.00 02/2011 12/3112013 Chisago City $1.00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 06/2009 12l31/2029 Cottage Grove $1.65 $4.95 $8.25 $16.50 $24.75 $24J5 $24.75 09l2010 '11144/2Q23 ' $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 Delano 03 t2D03 per therm per therm per thertn per thertn per therm per therm per therm East Grand Forks 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 12l24(35 12/39/2Q2fi Faribault' $1.62 $3.78 $32.40 $91.80 $270.00 - - 01I2006 11/08/2024"' Forest Lake $3.00 $7.50 $15.00 $75.00 $15.00 $15.00 $15.00 45/2013 01Y17I2033 N Goodview $2.35 $3.50 $55.00 $30.00 - - - 07/2U06 04l3QI2026 Lake City 2.0% Z_p% $0.005 $0.005 $0.005 $0.005 $0.005 �4/2013 04/30/2015 C per therm per therm per therm per therm per therm Lindstrom $1.00 $3.00 - $30.00 - - - 96�'L009 „ 12I31/2029 ` 5.0°/a small $0.005 Moorhead 5.0% 5.0% 5.0°h 5.0% 5.0% $0.005 09/1991 07l33/2014' pertherm per therm medium& large � Faribault:The franchise fee exGudes the city,invoices to the city,or meters on city facilities or property. (Continued on Sheet No.5-44.2) Date Filed: 02-26-13 By: Judy M. Poferl Effective Date: 05-01-13 President and CEO of Northern States Power Company,a Minnesota corporation Dodcet No. E,G999/CI-09-970 Order Date: 03-23-11 S:�General-Offices-GO-0I�PSF�RAU2ates�CurtentUAn�asVu1�5 44-01 r0l.tloc CERTIFICATE OF SERVICE I, SaGonna Thompson, hereby certify that I have this day served copies of the foregoing document on the attached list of persons. xx by depositing a true and correct copy thereof, properly enveloped with postage paid in the United States mail at Minneapolis, Minnesota xx electronic filing Docket No. E,G999/PR-13-7 I also hereby certify that I have this day served a copy of the foregoing document on the following: Aaron Parrish City Admirustrator City of Forest Lake 220 North Lake Street Forest Lake, MN 55025 Dated this 26th day of February 2013 /s/ SaGonna Thompson . Records Analyst Pir&t Name LBst Name; Email Company Neme' ' Address Delivery Method Vfew trade 5 Michael Ahem ahem.michael�dorsey.co Dorsey 8 Whitney,LLP 50 S 6th St Ste 1500 ElecVonic Service No m Minneapolis, MN 554021498 Julfa Anderson Julfa.Anderson�ag.state.m Office of the Attomey 1800 BRM Tower Electronic Service Yes n.us General-DOC 445 Minnesota St St,Paul, MN 551D12134 Marie Doyle marie.doyle(�centerpointen CenterPoint Energy B00 LaSalle Avenue Electro�ic Senrice No ergy.com P 0 Box 59038 Minneapolis, MN 554590036 Sharon Ferguson sharon.ferguson�state.mn Department of Commeroe 85 7th Place E Ste 500 Electronic Service No .us Saint Paul, MN 551072198 Jessica Fyhrie jfyhrie@otpco.com Otter Tail Power Company PO Box 486 Electronic Service No Fergus Falls, MN 56538-D496 Burl W. Haar burl.haar�state.mn.us Public Ulilities Commisslon Sulte 350 Electronic Service Yes 121 7th Place East St.Paul, MN 557012147 Paula N. Johnson Interstate Power and Light 200 First Street SE Paper Service No Company PO Box 351 Cedar Rapids, IA 524060351 Nikki Kupser nkupser@greatermngas.co Greater Minnesota Gas, 202 South Main Street Paper Service No m Inc. P.O.Box 68 Le Sueur, MN 56058 Douglas �arson dlarson�dakotaelectric.co Dakota Electric Association 4300 220th St W Electronic Service No m Farmington, MN 55024 John Lindell agorud.ecf�ag.state.mn.us Oifice of the Attomey 1400 BRM Tower Electronic Service Yes General-RUD 445 Minnesota St St.Paul, MN 551012130 David Moeller dmoeller(�ailete.com Minnesota Power 30 W Superior St Electronic Service No Duluth, . MN 558022093 FirstName Last Name Email Company Neme Address DeGvery Method VfewTrade S Rita Mulkem rita.mulkem@mdu.com Great Plains Natural Gas 400 N.4th Street Paper Service No Bismarck, ND 58501 Greg Palmer gpalmer�greatermngas.co Greater Minnesola Ges, PO Box 68 Electronic Service No m Inc. 202 South Main SVee Le Sueur•, MN 56058 James M. Strommen jsVommen@kennedy- Kennedy&Graven, 470 U.S.Bank Plaza Paper Service No graven.wm ChaAered 200 South Sixth Stree Minneapolis, MN 55402 SaGonna Thompson Regulatory.Records(�jccele Xcei Energy 414 Nicollet Mall FL 7 Electronic Service No nergy.com Minneapolis, MN 554011983 2 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO. 2 FRANCHISE AND OTHER CITY FEES Section No. 5 6th Revised Sheet No. 93.1 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 Franchise Fees m � � � d � R � m d U a�i t�i � V y � °� c a£i °- c � � w ;a - 'g - �a d � :r �� �a v '� 'a �a � � .wT' m E o E a�i ,`a � � � � o > > a�i � K c� � u� z rn o .� a � � a z � a a w w Afton $2.00 $2.00 $5.00 $5.00 $1.00 $1.00 $1.00 01/2005 08l16/2024 Albertville $2.50 $5.00 $10.00 $50.00 $2.00 - - 03/2011 09/07/2029 Bayport $1.50 $3.00 $25.00 $50.00 $3.00 $3.00 $25.00 02/2011 12/31/2013 Brooklyn Center $1.52 $3.10 $20.60 $99.00 $12.40 $12.40 $12.40 04l2009 12l08/2023 Champlin $2.50 $8.00 $35.00 $125.00 $15.00 $15.00 $15.00 01/2009 11/23/2028 Chisago City $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 06/2009 02128/2029 Circle Pines $2.75 $3.00 $35.00 - $3.00 - - 10l2009 08/24/2029 Clements $1.00 $1.00 $1.00 $1.00 - - - 07/2012 06I09/2024 Coon Rapids' 4.0% 4.0% 4.0% 4.0% - - - 01/2012 01l13/2032 Cottage Grove $1.65 $1.65 $8.25 $33.00 $3.30 $0.83 $8.25 01/2010 11/04/2023 Deephaven $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 04/2002 11/02/2030 Dilworth $2.60 $6.00 $21.00 $136.50 - $6.00 $21.00 01/2011 05/10/2018 Eagle Lake $0.50 $0.50 $0.50 $0.50 - - - 1d/2012 05/06/2032 Eden Prairie $2.50 $3.00 $10.00 $45.00 - - - 1012012 06/18/2032 Edina $1.45 $2.90 $9.00 $40.00 - - - 02/2013 08/20/2015 N Excelsior $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 11/2012 08/02/2032 � Coon Rapids: The franchise fee excludes rate schedules for highway lighting,municipal street lighting,municipal water pumping, municipal fire sirens,and municipal sewage disposal service. (Continued on Sheet No. 5-93.2) Date Filed: 11-14-12 By: Judy M. Poferl Effective Date: 02-01-13 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-Offices-GO-01\PSF\RA\Rates\Curtent\Mn elec\Me 5 093-01 r06.doc Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO. 2 FRANCHISE AND OTHER CITY FEES(Continued) Section No. 5 5th Revised Sheet No. 93.2 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Franchise Fees m g � m � a o d � U a�i U � U � � fl- c E a c '� > y ;a - 'a - �a m � :, '� •c v 'u •c, � � � w aNi E o E a�i i`a � � > > o > > m � K c� � mz cno � a � � az � ao w w Faribault' $1.35 $1.60 $32.00 $280.00 - - - 01/2006 11/08/2024 Forest Lake $4.00 $2.50 $18.50 $75.00 $7.50 $2.50 $18.50 05/2013 01/27/2033 N Golden Valley $2.00 $2.00 $22.50 $206.00 - - - 01/2013 12/17/2027 C Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 07/2006 04/30/2026 Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00 0112010 12/31/2014 Henderson $3.00 $3.00 $3.00 $3.00 - - - 04/2012 08l16/2031 Hopkins $1.70 $3.35 $15.00 $105.00 - - - 01/2012 12/31/2013 Lexington $2.25 $3.75 $25.00 $130.00 $3.75 $3.75 $25.00 11/2012 10/05/2031 Lindstrom $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 0612009 02/28/2029 Little Canada $2.75 $5.25 $40.00 $230.00 $15.50 $2.00 $3.00 07/2010 08/26/2023 Madison Lake $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 05/2013 02/03/2033 N Mahtomedi $1.30 $1.38 $14.40 $110.28 $12.71 $0.63 $14.84 01/2005 10/18l2024 Mankato $0.50 $1.00 $10.00 $130.00 $1.00 $0.25 $1.00 10/2008 04/10/2014 Mantorville $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 11/2012 08/12/2032 Maplewood $0.75 $1.50 $9.00 $67.50 $0.75 $0.75 $0.75 03/2010 02/28/2015 ' Faribault: The franchise fee excludes invoices to the city for street lighting and municipal pumping. (Continued on Sheet No. 5-93.3) Date Filed: 02-26-13&03-13-13 By: Judy M. Poferl Effective Date: 05-01-13 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-Offices-GO-01\PSF\R,4\Rates\Current\Mn elec\Me 5 093-02 r05.doc Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 5th Revised Sheet No. 93.3 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Franchise Fees m m � � m � a O � �o � m � c d U m U � U N � Q- c � a c � > w v - 'a - ca m � «� .� �a �a ;� 'a �o '� � m io rn t c c � ayi E o E m co � a' � � o � 3 m � K c� a v� z v> o � a � � az � ao w w 3.0% >100 kW at 5.0% 5.0% 5.0% primary or higher voltage Minneapolis' <100 kW at <100 kW at 5.0% 5.0% 5.0% 01l2005 12/31/2014 effective secondary secondary o 01/1994 5.0/o voltage voltage >100 kW at secondary voltage Minnetonka $2.50 $4.50 $4.50 $4.50 - $4.50 $4.50 11/2007 08(09/2018 Monticello $1.95 $5.50 $31.00 $190.00 $12.00 $12.00 $31.00 06/2007 05/31l2027 Mound $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 01/2013 12l31/2013 MOUndS Vlew 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 01/2013 12/31/2013 $0.0023 $0.0023 $0.0016 $0.0009 $0.0023 $0.0023 $0.0016 New Brighton 01/2003 11l25l2022 per kWh per kWh per kWh per kWh per kWh per kWh per kWh New Hope $1.50 $4.50 $9.00 $36.00 $4.50 $4.50 $4.50 07/2011 06/26J2031 New Richland $1.00 $1.00 $1.00 $1.00 - - - 42/2013 07/11/2024 N Newport $1.00 $1.50 $14.00 $70.00 $5.00 $1.00 $10.00 01l2011 10/18/2026 � Minneapolis: The franchise fee for the residential customer class will change to 4.5%effective January 1,2013. (Continued on Sheet No. 5-93.4) Date Filed: 11-16-12 By: Judy M. Poferl Effective Date: 02-01-13 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-Offices-GO-01\PSF\RA\Rates\Current\Mn elec\Me 5 093-03 r05.doc Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO. 2 FRANCHISE AND OTHER CITY FEES(Continued) Section No. 5 4th Revised Sheet No. 93.4 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Franchise Fees °w' m _ � � A o �a " °� � °ti � °tl � a� Q w E Q rn .a m o y U m U c U c c d c c > :r t - � - �a ar � �- �u �fl, -a �u 'a m � :° w a�i E o E m i`a � °� 3 � 0 3 � a�i � K c� � rn z v� o � a � � a z � a ❑ w w North Mankato $0.75 $1.10 $9.25 $125.00 $13.25 $1.10 $9.25 06/2008 03/31/2014 Oakdale $1.00 $2.00 $9.00 $7.50 $6.00 $1.50 $7.50 09/2008 10/2712023 Osseo $1.28 $2.07 $17.57 $102.65 $6.20 $0.45 $2.55 03/2012 10/26/2023 $0.0016 per kWh Customer peak demand less than 100 kW in calendar year Owatonna 01/2003 04/01/2022 $0.0014 per kWh Customer peak demand greater than 100 kW in calendar year Prior Lake $1.50 $5.00 $10.00 $50.00 - - - 07/2006 03/19/2426 Richmond $1.00 $1.00 $1.00 $1.00 - - - 05/2013 05/03/2031 Richfield $2.05 $6.33 $14.08 $91.51 - - - 08/2010 03/12/2027 Robbl�Sdale 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 06/2013 07/O1l2015 C Sartell' See fee schedule below. 01/2007 12/31/2023 Sauk Rapids 3.0% Customers who purchase$50,000 or less in calendar year 08/2003 06/15/2023 1.5% That part which exceeds$50,000 in calendar year � Sartell: Effective with January of the respective years,the monthly franchise fee will be as follows: • 2007 and 2008 $2.50 . 2013 and 2014 $3.25 . 2019 and 2020 $4.00 • 2009 and 2010 $2.75 . 2015 and 2016 $3.50 • 2021 and 2022 $4.25 • 2011 and 2012 $3.00 . 2017 and 2018 $3.75 . 2023 $4.50 (Continued on Sheet No. 5-93.5) Date Filed: 03-13-13 By: Judy M. Poferl Effective Date: 06-01-13 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-Offices-GO-01\PSF\R,4\Rates\Current\Mn elec\Me 5 093-04 r04.doc . Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK-MPUC NO.2 FRANCHISE AND OTHER CITY FEES(Continued) Section No. 5 4th Revised Sheet No. 93.5 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Franchise Fees m � " m = m � m o d c °ti E °tS v °tS v) rn c, rn � a. � � � o y U a� t� � U c � d c a - a - m m � :.. �� �a v �u 'c m � � � aNi E o E m m � °� � 3 0 � 3 a£i � x c� � �n z m o � a � � a z � a o w w South St. Paul' 3.0% 3.0°/o 3.0% 3.0% - - - 0712000 06/30/2015 Spicer $1.00 $1.00 $8.00 $8.00 - - - 02l2013 10/01J2032 St.Cloud2 3.0% 3.0% 3.0% 3.0% - - - 09/2007 08/31/2027 2% purchase <$100,000 in calendar year St.Joseph $1.00 $1.75 $10.00 $8.00 $1.00 $10.00 02/2004 11l19/2023 1.5% that part >$100,000 in calendar year St.Louis Park $2.50 $4.50 $13.75 $77.00 - $4.50 $10.50 0412013 12/31/2013 C St.Michael $3.50 $2.50 $2.50 $10.00 $10.00 $2.50 $10.00 05/2011 11/24/2023 St.Paul3 See fee schedule in the Notes section on the following sheets. 11/2006 08/31/2026 St. Paul Park $1.50 $2.00 $25.00 $335.00 $10.00 $1.00 $5.00 08/2005 05/15/2025 Stillwater $2.00 $2.50 $18.00 $125.00 $4.00 $2.00 $18.00 12/2003 06/30/2015 'South St. Paul: The franchise fee excludes rate schedules for highway lighting,municipal street lighting,municipal street lighting, municipal water pumping,municipal traffic signals,municipal fire sirens,and municipal sewage disposal service. z St.Cloud: The franchise fee for residential heating customers will be 1.5%during the months of November-April. 3 St. Paul: The monthly franchise fee will be as stated on the following sheets.The residential service franchise fee will be as stated except during the months of November-April when there will be no fee.The fee shall not exceed$620,000 during any calendar year from any large commercial and industrial customer qualifying for service on the Competitive Market Rider.The schedule on the following sheets show the meter,energy,and demand factor for each year of the St. Paul franchise and for each of the customer classifications. (Continued on Sheet No. 5-93.6) Date Filed: 03-14-13 By: Judy M. Poferl Effective Date: 04-05-13 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-Offices-GO-01\PSF\RA\Rates\Current\Mn elec\Me 5 093-05 r04.doc 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 1 st Revised Sheet No. 44.1 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. Franchise Fees a� c c � .�. 'a a� m � a� ° a � m � Ta �y � � + �u �v � °tf � �C � � � � � � .a a � a a Q a m o L � � �D � � IO - � � G) L (/! L Nl V 'y�, �' ayi o E o o � a�i � °' a�°i °' °' � � °' � °' '°' U � U lL Z U lLL � tA � �2 J = LL. H � F W W Afton $2.00 �4.00 $5.00 $5.00 $5.00 $5.00 $5.00 01l2005 08l16/2024 Bayport $1.25 $10.00 $25.00 $10.00 $50.00 $10.00 $10.00 02/2011 12/31/2013 Chisago City $1.00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 06/2009 12/31/2029 Cottage Grove $1.65 $4.95 $8.25 $16.50 $24.75 $24.75 $24.75 01/2010 11/04/2023 Delano $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 $0.0391 01/2003 -- pertherm pertherm pertherm pertherm pertherm pertherm pertherm East Grand Forks 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 12/2005 12/19/2025 Faribault' $1.62 $3.78 $32.40 $91.80 $270.00 - - 01l2006 11/OS/2024 Forest Lake $3.00 $7.50 $15.00 $75.00 $15.00 $15.00 $15.00 05l2013 01/27l2033 N Goodview $2.35 $3.50 $55.00 $30.00 - - - 07/2006 04/30/2026 $0.005 $0.005 $0.005 $0.005 $0.005 C Lake City 2.0% 2.0°/o 04/2013 04/30/2015 pertherm pertherm pertherm pertherm pertherm Lindstrom $1.00 $3.00 - $30.00 - - - 06/2009 12/31/2029 5.0% small MOorhead 5.0% 5.0% 5.0% 5.0% $0.005 5.0% $0.005 09l1991 07/31/2014 pertherm pertherm medium& large � 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: 02-26-13 By: Judy M. Poferl Effective Date: 05-01-13 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-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-01_r0l.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 3rd Revised Sheet No. 44.2 Franchise and other city fees,as designated below will be included in the customers'monthly bills 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 Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. Franchise Fees d c c .� .o 0 0 �; �c or w ;� d • � o `° � � � a ,� ;n `�9 a ,� o = c y � y -a Q � a o Q o � g � E � "� E � R - � � m 2 a � u°'i � � w m o £ o o � m � °' a�i `� °' € � °' m � x U � U LL Z U LL � fJ> � � J = LL f- = 1- W W Mounds View 4% 4% 4% 4% 4% 4% 4% 01/2013 12l31/2013 New Brighton $0.017 $0.016 $0.005 $0.005 $0.005 $0.005 $0.005 01/2003 11/25l2022 pertherm pertherm pertherm pertherm pertherm pertherm pertherm Newport $1.00 $5.00 $10.00 $15.00 $15.00 $15.00 $15.00 01/2011 10/18/2026 $0.005 $0.005 $0.005 $0.005 $0.005 North St.Paul 2.75% 2.75% 12/1998 09/07/2018 pertherm pertherm pertherm pertherm pertherm Oakdale $1.00 $4.50 $7.50 $15.00 $15.00 $15.00 $15.00 09/2008 10/27/2023 Sauk Rapids $2.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 08/2003 06115l2023 South St.Paul 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 07/2000 06/30/2015 Spicer $0.50 $1.50 - - - - - 02/2013 10/01/2032 N St.Augusta $3.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 06/2010 03/01/2030 (Continued on Sheet No. 5-44.3) Date Filed: 11-19-12 By: Judy M. Poferl Effective Date: 02-01-13 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-Offices-GO-01\P SF\R,4\Rates\Current\Mn_gas\Mg_5_44-02_r03.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 2nd Revised Sheet No. 44.3 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 Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. Franchise Fees m m c ., .o 0 0 „ �o m d :� m � � p .`y–° � `° � a °� a '�4 'a `�3 � o d d m � a � a o a ° > � E � '6 � � N — ` � O7 ` N ` Val V i w N O � O O � d � a.d+ N `) w E 10 GI �p � X L U � U LL Z U LL � fA � � J � lLL F� � H- W W 3.0% St.Cloud' 3.0% 3.0% 3.0% 3.0% — 3.0% 09/2007 08/31/2027 small $0.005 $0.005 $0.005 $0.005 St.Joseph $1.00 $1.75 $10.00 02/2004 11/19l2023 pertherm pertherm pertherm pertherm St. Paul2 See fee schedule in the Notes section on the following sheets. 11/2007 08/31/2026 St.PaulPark $1.50 $4.00 $30.00 $15.00 $335.00 $150.00 $15.00 08l2005 05/15l2025 Stillwater $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 12/2003 06/30/2015 D ' St.Cloud: The franchise fee for residential heating customers will be 1.5%during the months of November–April. z St. 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. (Continued on Sheet No. 5-44.4) Date Filed: 04-15-13 By: Judy M. Poferl Effective Date: 05-01-13 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970& E,G999/PR-13-7 Order Date: 03-23-11 S:\General-Offices-GO-01\P SF\RA\Rates\CurrentlMn_gas\Mg_5_44-03_r02.doc