HomeMy WebLinkAbout2003-02 Centerpointe/Minnegasco Franchise Renewal Ordinance FRANCHISE ORDINANCE FOR
CENTERPOINT ENERGY MINNEGASCO
ORDINANCE NO. 2003-2
CITY OF EDINA,HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO,A
DIVISION OF RELIANT ENERGY RESOURCES CORPORATION,A DELAWARE
CORPORATION, ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES
AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION,
MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE
AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF EDINA,
MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND
CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA,
ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical
order shall have the following meanings:
City. The City of Edina, County of Hennepin, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including sewer, storm sewer, water service, street lighting
and traffic signals, but excluding facilities for providing heating, lighting, or other forms of
energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the
authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. CenterPoint Energy Minnegasco, a division of Reliant Energy Resources
Corporation, a Delaware corporation, its successors and assigns including all successors or
assigns that own or operate any part or parts of the Gas Facilities subject to this franchise.
Effective Date. The date on which the ordinance becomes effective under Section 2.2.
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing gas energy for public or private use.
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Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or
other forms of gas energy.
Non-Betterment Costs. Costs incurred by Company from relocation, removal or
rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to CenterPoint Energy Minnegasco, V.P.,Regulatory& Supply
Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed
to the City Manager, City of Edina, 4801 West 50`h Street, Edina, Minnesota 55424. Any party
may change its respective address for the purpose of this Ordinance by written notice to the other
parties.
Public Way. Public right-of-way within the City as defined in Minn. Stat. § 237.162,
subd. 3.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public purpose.
SECTION 2. ADOPTION OF FRANCHISE.
2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from
the Effective Date, the right to import, manufacture, distribute and sell gas for public and private
use within and through the limits of the City as its boundaries now exist or as they may be
extended in the future. This right includes the provision of Gas that is (i) manufactured by the
Company or its affiliates and delivered by the Company, (ii)purchased and delivered by the
Company or(iii)purchased from another source by the retail customer and delivered by the
Company. For these purposes, Company may construct, operate, repair and maintain Gas
Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the
provisions of this Ordinance. Company may do all reasonable things necessary or customary to
accomplish these purposes, subject however, to such lawful regulations as may be adopted by
separate ordinance and as currently exist under Section 421 of the City Code. The City shall give
the Company notice 60 days in advance of proposed changes to Section 421 of the City Code.
The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the
City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of
this Ordinance. If a provision of Section 421 of the City Code conflicts with a provision on the
same subject in this Ordinance, this Ordinance will control.
2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect
from and after its passage of this Ordinance and publication as required by law and its acceptance
by Company. If Company does not file a written acceptance with the City within 90 Days after
the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at
any time, that the Company does not accept all terms of this franchise, the City Council by
resolution may either repeal this ordinance or seek its enforcement in a court of competent
jurisdiction.
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2.3. Service and Gas Rates. The service to be provided and the rates to be charged
by Company for gas service in City are subject to the jurisdiction of the Commission
2.4. Publication Expense. The expense of publication of this Ordinance shall be paid
by Company.
2.5. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the
dispute is not resolved within 30 days of the written notice, the parties may jointly select a
mediator to facilitate further discussion. The parties will equally share the fees and expenses of
this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected mediator, either party may commence an action in
District Court to interpret and enforce this franchise or for such other relief permitted by law.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on
the terms of a new franchise by the time this franchise expires, this franchise will remain in effect
until a new franchise is agreed upon, or until 90 days after the City or the Company serves
written Notice to the other party of its intention to allow the franchise to expire.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Subject to regulation under Section 421 of the City Code,
Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt
normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as
determined by the City.
3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way
shall be subject to Section 421 of the City Code. After completing work requiring the opening of
Public Ground, the Company shall restore the Public Ground to as good a condition as formerly
existed, and shall maintain the surface in good condition for six (6) months thereafter. All work
shall be completed as promptly as weather permits. If Company shall not promptly perform and
complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground
in the said condition and after demand to Company to cure, City shall, after passage of a
reasonable period of time following the demand, but not to exceed five days,have the right to
make the restoration of the Public Ground at the expense of Company. Company shall pay to the
City the cost of such work done for or performed by the City. This remedy shall be in addition to
any other remedy available to the City for noncompliance with this Section.
3.3. Waiver of Performance Security. The City hereby waives any requirement for
Company to post a construction performance bond, certificate of insurance, letter of credit or any
other form of security or assurance that may be required under Section 421 of the City Code
currently or in the future. The City reserves all other rights under Section 421 of the City Code
to enforce Company performance requirements for work in the Public Way or Public Ground.
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3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Gas
Facilities while performing any activity.
SECTION 4. RELOCATIONS.
4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall
be subject to Section 421 of the City Code. City may require Company at Company's expense to
relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed
public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with
applicable City ordinances consistent with law.
4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes
Section 161.46.
4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed
in reliance on a permit or franchise from City and Company does not waive its rights under an
easement or prescriptive right or State or County permit.
SECTION 5. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 6. FRANCHISE FEE.
6.1 Separate Ordinance. During the term of the franchise hereby granted, the City
may impose on the Company a franchise fee. In addition to the franchise fee, the Company shall
be required to pay only such other fees, charges, costs or taxes, which are generally required to be
paid by other businesses or persons in the city. The franchise fee must be imposed by a separate
ordinance adopted by the City Council,which ordinance may not be adopted until at least 60
days after Notice enclosing such proposed ordinance has been served upon the Company by
certified mail. A fee imposed under this section does not become effective until 60 days after
Notice enclosing the adopted ordinance has been served upon the Company by certified mail.
6.2 Condition of Fee. The separate ordinance imposing the fee shall not be effective
against the Company unless it lawfully imposes a fee or tax of the same or greater equivalent
amount on the sale and/or delivery of energy within the City by any other energy supplier,
provided that, as to such supplier, the City has the authority to require a franchise fee or impose a
tax. The Company may petition the City to exempt or reduce the franchise fee applicable to
customers who bypass or pose an imminent threat of physically bypassing the Company's
distribution system for economic reasons, including the existence of the franchise fee. The City
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shall not unreasonably withhold such exemption or reduction in franchise fees for such
customers.
6.3 Calculation of Fee. The City may impose the franchise fee: (i) as a combination
of percentage of gross revenues received from customers in the Residential Customer Class for
its utility operations within the City or as a flat meter fee per customer, for customers in
non-residential customer classes ("Combination Fee Method"), or(ii) as a flat meter fee per
customer within the City("Flat Fee Method"), or(iii) as a fee based on units of gas delivered to
any class of retail customers within the corporate limits of the City("Unit Fee Method"). The
method of imposing the franchise fee: the percent of revenue rate, the flat rate and the per unit
rate may differ for each customer class. If prior to the expiration of this franchise, customers in
the Company's Residential Customer Class begin to purchase and/or transport gas from
companies other than the Company, the City may only impose the Flat Fee Method or the Unit
Fee Method, as a way of collecting fees. If the percentage of Combination Fee Method has
previously been implemented, it must be changed to the Flat Fee Method or the Unit Fee
Method.
6.4 Collection of the Fee. The franchise fee will be payable not less often than
quarterly and based on any of the alternative formulas described in Section 6.3 during complete
billing months of the period for which payment is to be made. The franchise fee formula may be
changed by ordinance from time to time; however, each change must meet the same notice
requirements and may not be made more often than annually. Such fee shall not exceed any
amount that the Company may legally charge to its customers prior to payment to the City. Such
fee is subject to subsequent reductions to account for uncollectibles and customer refunds
incurred by the Company. The Company agrees to make available for inspection by the City at
reasonable times all records necessary to audit the Company's determination of the franchise fee
payments.
SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER.
This Ordinance constitutes a franchise agreement between the City and its successors and
the Company and its successors and permitted assigns, as the only parties. No provision of this
franchise shall in any way inure to the benefit of any third person (including the public at large)
so as to constitute any such person as a third party beneficiary of the agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action in any person not a party
hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any
of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 8. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent
ordinance declaring the provisions of the amendment,which amendatory ordinance shall become
effective upon the filing of Company's written consent thereto with the City Clerk within 60 days
after the effective date of the amendatory ordinance.
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SECTION 9. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes and replaces previous franchises granted to the Company or its
predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous
franchise shall terminate.
Passed and approved on February 18, 2003
First Reading: February 18, 2003
Second Reading: March 4, 2003
Published: March 20, 2003
Attest
Debra A. Mangen, Ci Clerk Dennis F. Maetzold, Mayor
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NEPM COUNTY,MINNESOTA:ORDAINS: shall.aer anIT of
mg the demand,but int to exceed five days,have the right
SECTION 1.DEFINITIONS. to makfte the restoration of the Public Ground.t the ex-
For purposes of.this Ordinance,the following capitalized pease ofCompeny.Camp anyshall pay to the Citythe cost
terms Bated m alphabetical order shall have the following of such work done for or performed by the City Thio rem-
�_ meaning.: sly shall be in addition to any other remedy available to
_ the City fox noncompliance cat.
this Section.
newspapers City.TheCityofEdne,CountyofHemepin,SaeofMn- 3.3.WaiverofPerformanceSecurity The City hereby
neeope. t for Company
om to set a"'i"c-
y requi be Pent P
AFFIDAVIT OF PUBLICATION city utilitysy.am:FMcdR;eanaeaforPro angpnbBc o"ei m.nrennna, fee.aeatBaoren«.let�rar
tBity service owned or operated bY.City lir agency phare- edit or any other form of security or eseurance that
may
of,including sewer,storm sewer,water service,street be requires under Section 421 of the City Code cuaenUy
lighting end traffic signals.but excluding[Mcilitie.for pro- m the Be
The City reserves all other rights under
STATE OF MINNESOTA) viding heating,Bghtirig,or other forme of energy. Section 421 of the City Code f enforce Company pedor-
e equfremems for work m the Public Way or Public
Commieeio,.The Minnes°taPublicUtilitiescommiaeion, Gnemul.
SS. y succee.or eIt.eyor agencies,including an agency
of the federal government,which preempts ell or part of 3.4.Avoid Damage W Gas Facilities.Nothing in this Or-
COUNTY OF HENNEPIN) ch..aWoritytoregul.tegaaretaBrere.now"eataaintne dinancereBeveaanyper.nnfromliabdityMri.mgontofine
Minnesota Public Utilitiea, tell.ion. failure to exercise reasonable care to avoid damaging Gas
Fact..while performing any activity
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Company canterPointEnergyMin.esa.ca,aai"iai°nor
Resent Energy Resources Corporation,a Delaware corp°- SECTIcN 4i.RELOCATIONS.
Financial Officer Of the newspaper known as Sun-Current and has full rstion,;te B°co"aeore end aemgne inalnding aB.ucceeeore 4.1.Relocetn ofY ae Facilities.iRelocetion oC cad FaciB-
or aesigue that own or operate any pert or parte ofthe Gee Uea in Public We hall be eub'ecI to Section 421 of the
Facilitiee subject to this franchise. City Code.City may require Company at Compeny+a ex-
knowledge of the facts stated below: ponos w`strafe°`rem°"°its ce.Facihti.a from Public
I Effective Date.The data on which the ordinance becomes Gmunde upon a fitall by City that the G��a e,Ue.
effective under Section 2.2. have become or will become a eubatentin,im t f
(A)The newspaper has complied with all of the requirements constituting qualification as a the existing or Pi'°p PnMic lies oIthe Imonda.Relo-
Gee Facflitiee.Geo timam;seion end distribution pipe& cation Go'
FaciBUee in Public Ground shell comply with
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applicable linea,ducts,futures,and ell nec.a.ary equip.mandap- applicable City ordinances consistent with law.
purtanancee.owned or operated by the Company for the
ad-
laws,as amended. purpose of providing gas anergy for public or privets lies.. 4.2.Projects with Federal Funding.Relocation,removal,
Gas.Natural gee,manufactured gee,mixture of natural or resit gement of any.Company Gas Fecilitme made
d manufactured gee et other forms t gee energy. n cry because orthe estoneion into or through City of
( )B The printed public notice that is attached was published in the newspaper once each week, gas°n efederelly-a;ded highway projectshall be governed by the
p Non-Betterment Cost...Costs incurred by Company from Provisions of Minh_m Statute.section 161.46.
location re el or rearrangement of Gee Facilities E Section 4 apply
1 to
for one successive weeks; it was first published on Thursday, the 20 day Of th—notreeultmanimprovementtothe Gee Facilities. 4.3.No Waiver.The p...iabmso pp yony
Gas F.61dies constructed in reliance on s Permit or frMn-
March ,2003,and was thereafter printed and published on every Thursday to and Notice.A writing served by any party or Parties on any chile from City and Company does not waive its right.
ocher party or parties.Notice to CompVmy.hall be mailed under an easement or proscriptive right or State or Colin-
to Center�, Energy Mimegeeco,VP.;Regulatory& ty permit.
including Thursday,the_day of ,2003;and printed below is a copy of the Supply Service,800 LaSalle Avenue,it? MN SECTION 5.
I 66402-2006,Notice W the City shall b mailed to Ed nay AvY chanes m the farm of8ovem OFGOVERNMENT.
Ciey hall not
lower case alphabet from A to Z,both inclusive,which is hereby acknowledged as being the Marengo,city of Edina,4801 West 60th Streat, y goverrimll
Minnesota 66424.Any ply may change its respective affect the validity of this Ordinance.An tal
Mddresous the of this Ordinance by written no unitsucceedirig the City ahall,withouttheconeentofcam-
size and kind of type used in the composition and publi apron Of- nOtlCe: pO p0s8° Pan,xne'ed o e l of ha gh a end obBge one of he City
lice to the other parties. provided e this Ordinance
abcdelghiiklmnopgratu4wvgz - Pub r—.1.Publicrightrof-way within the City as defined
Stet.4 237.162,sued.3. SECTION 6.FRANCHISE FEE.
6.1 Separate Ordinance.During the termthe C franchise
Ry; Public Ground.Land owned orotherwiae co"trolled by the hereby g an ed,Uie City may impose on the Company a
ko a iter Public purpose. hancidw fee.In addition to the franchise fee,the Compa
CFO City far Paz,pan pace or sin ray shall be required to pay only such other fees,charge.,
SECTION 2.ADOP170N OF FRANCHISE. coats or.taxes,which are generally required to be paid by
2.1.Grant of Franchise.City hereby grants Company,for other businesses or persons in the city.The franchise fee
e period of 20 yeere from the Effective Dere,the right to- must be imposed by a separate ordinance adopted by the
import,menufecture,distribute end eep gee for public and - City Caunrll;which ordinance may net adopteduntil at
µeivate usewithin and tern the 11 of the City as its least 60 eye
eller Notice am I.i g such proposed ordi-
Subscr bed and sworn O Or attlrfl) before me bounds es now ex spot ae they may be extendedm hefu- nonce hoe been.e ed upon the Company by certified
n l�. I ( tore.This right in lodes the provision of Gaa that is(i1 mail.A fee imposed under thio section does not become-f-
Subscribed
this c_x / 7 m ur.etured by the Company or its affiliates and deliv- fective unti160 days after Notice enclosing the adopted or
day O /2003. ¢d ray tna Company,(ii)purchased d _d delivered by the omenta rias n.. a pori Ur Company by t B.a
Company or Uii)purcha,ed from sent en ce by there mail.
(J tad customer and delivered by th Gunnery
p y. For
these ordinates p vg
11I 1 L 1 ^ d 6 2 Condrtmn of F Th separate
,\� l,�•/�( x Y J`I � l7t-��l_I rn'f�/ merPoeee,Company may onatru t pe te- Pmr.an .
fain Ga.Facrlitree d e across the the fee shall not be ff t g t theCompany I e
Public Ways and Public Grmnd bl t to the
proviso.. it lawfully impoce f tax f th
Not ry PUblfovv,r�.s wrr'w__v,�, %%ti p.� n ofw.Ort mca Companym may all- eblethinge .gni"Mlent oma t Eh 1 m a h h y f��..
tnmeryf ecce-pl hth p rpoa,,,Sub thin the City by_ y othergY PP P
E 11-'RILEL M HFLHL(ijM Kaci hoWe"erGlo each Iewrul regul t ay be adopt that,a.to such ppb the City h the authority to e
10'ARY PUBLIC MIUNESOTA ed by separate ordnance end as currently swat under Sec quire afrenchiee fee or impose t Th Comp y y
f M My,
I -lidNRY PUB ENV IN"1.31.2W6 hon 421 oCthe City Code. City shell give the Comps- petition the City to exempt or reduce the frencrose seen
�y ray.,ties 60, m advance of proposed changes to Sec pliceble to customers who bypass or pose an imminent
tiiN ww,.�N Jp Uon421ofthe CitYCode.The Cityand Company shall ne- chreaE°fphyaicari b..se-g the Comp the
atribuWan
gotiate in good faith to reach mutuMlly acceptable changes. "troller economic reasons,including the existence ofthe
Ifthe City end Company ere unable to agree,diaputea will franchise fee.The City shall not unreasonably withhold
RATE INFORMATION be handled under the terms of Section 2.5 of this Ordi- such exemptionor.reductioninfrench;eefeesforsuchma-
ce.It a provision of Section 421 If the City Code con- toners.
flicte with a provision on the same subject in this Ordi- 6.3 Calculation ofFee.The City may impose the franchise
ce,this Ordinance will control. percentage o
(1)Lowest classified rate paid by commercial users $ 2.65 per line mce, r as a combine.T of fgrnaa a ann.a
for comparable space 2.2.Effective Date;Written Acceptance. This ftenchi.e a,,iv a from caatomere m the R.sid.ntial CaaLou," i
shell be in force and effect£tori and ager its passage of Class for its utility operations within the City or as a Rat
this Ordinance and publication m required by law end im meter fee per customer,foncuatomers in non-residential
(2)Maximum rate allowed by law $ 6.20 per line acceptance by Company.HCompany does not file a wri4 customer classes f"Combination Fee Method"),or iii)ea e
ten aceeptance with the City within 90 Daysatterthedate Bat meter fee per customerwithin the City("Flat Fee
the City Council adopts phi.Ordinance,or otherwise Method'l,or(iii)asefee based on unite ofges deli veredt°
(3)Rate actually charged , $ 1.40 per line places the city on Written notice,at any time.tnaE the ,yclasaofretailenatomer,witldndrecorp.rateBn;raor
Company done not accept ell farina of thio frevchise,tea the City("Unit Fee Method").The method of imposing the
City Council by resolution may either repeal this ordi- franchisefee:thepercentofrevenue rats,tbe flatratesnd
seek ire enforcement in a court of competent,.- the per unit rete may dill r for each c 1e .....aiena.�ef
riadia m. prior to the expiration of this franchise,cos
Company's Residential Customer Clens begin to purchase
other han the Cme
2.3.Service and Gas Rates.The service to be providedCantd and/o the CRpOri g Only 1- um Flet Fee Method or the
ram.to be charged by Company for gas service in y pony y may Only of cohsctin fees.If theCr
subject w the jurisdiction of the Commission Unit Fee Method,.as a way o 8 I been
enrage of Combination Fee Method nae previous y
i 2.4.Publication Expsee.,The expense of publication of implemented,it must be changed to the Flet Fee Method
Us Ordinance shall be paid by Company or the Unit Fee Method.
2.5.Dispute Reeolution. If either party asserts that the 6.4 Collsetmeofthe Fee.Therrenchisef wi1I I payable
other party ie in default in the performance a any oelige- not les.often than quarterly and based on any of the MI-
tion hereunder,the complaining party ehaR notify the te..tive formulas.described in Section 6.3 during cam-
e other party ofthe default end the desired remedy The no- plate billing manttis of the period for which payments to.
tification shall I written RePtesentetivea or.Nettie. bemade.The franchise fee formulamaybechangedby or-.
meet promptly tend acre pt good faith to gut- d from t to time;however,-..ch change t
to resolution f the dispute ff the dispute t meet th Mm b require to d may It be ode
g l d gdIhjn`C30*B1Wfthe written otic..th So
Part+ aY. m t that th C mPlanY.m�1e8e11Y rhar8 to fa coy '
I UY select a mediator to f dilate fortes di or to Payment to.Ur C tr Snch fee b] tto,
The parties will eeqq.Ry.here the Bass and expo £the to bae9 pent bone to'.ceo t for.-c,.fe;hbC1.and
edt W If ads for Weed ts Parts - C mpa-...
ablefo reeol thedispute withi80.deye efts first 4 tomer refunds by th C P ybY th C ty at
g wittheselected edi to rther PertY Y m- r Gree.to ek ilabl¢t path
en tion in District Court is interpret and salon "determmatioln oftheefranch e f e Paymen to audit the.C°m-
this franchiser for such other relief par ritual by law. pony s
2.6.Continuation of Franchise.Itthe City and the Com- SECTION 7. LIMITATION ON APPLICAEILITy;NO
pans un bl to gr on th to f a frclose WAIVER.
City Of Edgta by Ur.time this f chi. ,pit.,duefran N ill rn- This Ordman tit tea fr clic a agreement he-
m.mmaffect td frm to greed po f til twee.the City d is BA d the
on P y d
(OlReial Publl°adont 80 day
theC ty, the Company e written No- da succeseora d permitted gne the dY P mar Te
i. FRANCHISROR E;ANCE FOR Dtico da Weath PertYafite irate h nto allow th franchise No Provision afth f close hell Y eY e
CENFRAN NT RNEROY MIIgNEGARCO f��, benefit of an
thud pe ( 1 d e tb Pubhat,.".)
t] ee)
as to constitute—Y an
p Ultrar come party
be--
he
¢-
ORDINANCE NO.2008-2 SECTION 3 LOCATION;OTHER REGULATIONS ficin artha agreement or of y cause
COUNT$ 3.1.Loeatio tFe Mies.B bjectto regulate der Sec hereof,"Ee a�'a 1 rise to
°Mgrearamtshell
CITY OFEDINA,REtdog IN tion 421 of th C ty Code,G Facilities m the Public Way pe no par y
MINNESOTA hallbeloceted trucisd d b;ned asstto tbemterpretedtocon.'itutIaw.ivarbyLi City under
AN ORDINANCE GRANTING CENTERPOMT d;,rup,ngyl pe U°nofanyCty Utility system Gea fire defene f tsar hmitationa one Liability under
ENERGY'7.1fQiNEGA9CO3 ADM9ION'OF. Facilities maybe lot ted Pubh G undo es determined Minnesota St tutee,Chapter 466
RELTANP ENEROY RESOURCES t;ORPORATION, by the City. SECTION B AMENDMENT PROCEDURE
A DELAWARE CORPORATION;PPS BUCCE.sons
AND ASSIGNS,A NONE%CL47F A AC MSE - 3 2.Restoration of Public Ways d Public Ground Either party t°flu fr�cehie gr t may at any time
TO CONSTRUCT,OPERATE, Restoration of the Public W y hall be ub7 t to SeMmn propose that thet be ded..Tina Ordinance
MAM'PAIN FACHATIES AND EQUBMFNP FUR 421 of the City code.After completing workrequrrmg the may be emended t any time by the City passing g a eu
TAE TRANSppHTATION,DISTR®UTION; opening°f Public Ground,the Company ehaR restore the quant ordinance declaring the prwiaiona of the
Based-
Ill U CTURE ANDSALE OFCAS ENERGY Public Ground to ea good a condition as formerly existed, meat,which amendatory ordi ,,.,hell become effective
FOR PUBLIC AND PRIVATE UBE AND TO USE end shall maintain the outface fg�od condition for.six(6) Non the filing of compery's written consent Uiereto with
TRE PUBLIC=AND
GR CITY oaths thereafter..Allwork shall be pleted ea promp4 the City
Clark ndence6o day,after the effective date orth.
OF EDINA,MINNESOTA,'FOR SUCH PURPOSE; jya.weather permits.If Company shell natpromptiy per- amen ryor
AND,PRESCRIBING CERTAIN TERMS AND ,form and.complete the work,remove all dirt,.Iubbish,..
CONDITIONS THEREOF. q'pment end materiel end pup the Public Ground mUm SECTIONS PREV'�US FRANCHISES SUPERSEDED.
d condition and ager demand Eo CompanyW cure.City This banchiae sv des and replaces previous frenctue-
THE CITY COUNCIL OF TFIE CITY OF EDINA,HEN-
as granted to the Company or its predace..a' Upon
Coacceptance of acceptaof this franchise under Section 2.2,1
the Previous franchise shall terminate. i
Passed and approved on February 18,2003
First Beading: February 18,2003
Second Reading: March 4,2003
Published: March 20,2003
Attest
Debre A.Mange,
City Clerk
Dennis F.Maetzold
Mayor
(Mar 20,2003)DL2003-2
Operator or Technician means any m rvr
trots,operate.,manages,conducts or practice,body art ac-
tivities at a body art establish—end who is reap tbla
for compliance with these regulation.,whether actually
performing body art activities or not.The term includes
technician.who work under the direction ofthe operator
and perform body art activities.
Person means any individual,partnership,corporation,or
e ociation.
Procedure means body art as defined in.this Section.
Procedure Area means the physical apace or room used
solely for conducting body art procedures.
Procedure Surface meana the surface eras of furniture or
accessories that may come into contact with the client's
clothed or unclothed body during a body art procedure.
"Procedure Surface"also meana the area of the client's
akin where the body art procedure ie to be performed end
the surrounding area,or any other associated work area
requrn.g emdtixing.
Remodel meana any change to tire current eetabiiehment
requiring either a building or trades permit for the work
to Promed. 'Remodel"does not include changes to the
front desk area,welting area,painting,wallpapering,or
carpeting,even if a permit is therarise required.n Addigg
a warketaLion,plumbing changes,or expending info
dlnt
ding
-pace to add warketetiem ere a--plea of re-
moel ."Remadefn�'also meana anych�nge�to an e--
tablietimparent Plan previously submitted to the Edirne
Health Detment.
Sanitization(or to sanities)ma..a protea,of reducing
the numbers of microorganisme on clean surfaces end
equipment to a are Ievel. -
Safe Laval means not more than 50 colonies of ad_,- i
em.ms per 4 square inches of equipment or procedu
ure
face.
Sherpa meana any object leterile or contemmated)that i
may purpoaefRyor accidentafy,,cut or penetrate the skin 1
or mucam eludingg,but not limited to,Pre-sterilized at..use needles,a%,l blades,and razor blade..
Sharpe Container means a puncture-resistant,leek-proof
container that ie closed for handling,storage,transporta-
tm and diaposal.The"Sharpe Cont.mer',ha1 labeled
with the mternatio.al biohazard eymbet. (,
SingleUse meana Productsar items intended for one time (Iend are disposed of after use on each client. Exam-
ples.("Single U--"i---include cotton swabs or belle,ti.-
eu or paper products,paper or plastic cups,gauze and tary covering.,razors,piercing needle.,tattoo nee- C
dles,stencil.,ink cups,and protective gloves. b
Standard Precaution,for"universal h
ret of guidelines and controls,publPisbeduby the Center (j
'rDisease Gontml(t:DG188"Guidelines for Prevention of
Cr—emission ofHuman lmmunadefirienco Virus and He- (R
citta B Virus to Healthcare end Pubfc-Safety Warkera".
Chis method ofinfection control re quires the employer and (3
he employee to assume that all human blood end spec;- er
d human body fluids are i cti.ua for HIV,HVB end
,her bfad petirogena.Precautions include handweehing,. (¢
;loving,personal protective equipment,igjury prevention,
ind proper handling and die_at of needles,other sharp (5
astrumente,end blood-d body Ruid contaminated prod-
ots. (6
terilizatio,mean.a process resulting in the destruction E.
Cell formeofmicrobial lits,includinghighlyrasi.tantime- eq
aria]spores. At
u-Penai-mean.the lel
sup fishing hack.or opGrer Piercing tissue with large eti
ewer-individual with mpeeromgepp—to'to rete or ah
p ye or other apparel..,
attaoing meana any method of planing F*
ts into or underthe skin.at
mina wr'th needle,orp-y
ho iweruments used to puncture the skin,resulting in G.;
1 —ant col oration oftheak,.or mucosa.This includes
t rms of ta,metir lettaning, H
16.04 Lica,-e Adminietretion. am
rbd.1.License Bog d.No Pere..shall own or aper- 1.A
e a hody art establishment without an eatebli.h.s.t li-
nae.Each license shalt be obtained from the City Clerk J.A
mmaut to Section 160 of this Codecan
bd'2'LcensingP Procedure. B.No establishment ehallbe--ad or evbupied for hAm,or P
rAll applications,new and renewal,far license,shall be elesping gemmmi.
Id
upon forms furnished by the City Clerk.The eppli- E
tion shall be submitted to the City Clerk accompanied L.Only rvice animal.meygfe allowed in the a-tabh.h-
a fee asset forth in Section 185 ofthis Code. ant. No animals°hall be allowed in the procedure
Each estobliahment license application shall describe are.,a'.
s general nature of the business,the location,and any M.ER dove measures shall be taken by the.Perot.,to f
rer
infrmati.n deemed necessary by the Health De- prevent entrance,breeding,and harborage of insects,ver- E
rtment. mm,and rodents in the establishment. ---- - - _
bd.3.Location Restricted.No individual shall engage Subd.2.Equipment and Instruments. F.Enact duties.
bedy art ectivitiee at any place other than alicensed ea- A.Alljeweicy reed as pert of a pierei.g procedure shell be Sold,2.Operation Records. The following intbrmetion
liehment terilized before uce. ALL reusable instruments shaft be shall__.0 kept on file for two years on the premiere and
bd.4.License Ek tic..Licensee orad thoroughly washed to remove all organic matter,rinsed, moubille for inspection by the Health Department
Pursuant to gd sterilized before and after use.All needles shell be
e code shall room-ce—d ezpire on the dates;.dice]- ilized ai.gle use needle,.All sterilizatioas
shall beton- A.A description of all body art procedures performed;
on the license. ted using steam heat.Steam haat.toril satin.unite
Id.6.Transfer end Display of Lirease.Ont .he apere�eccordt to the manufacturers epecifi- H.An inventory of instruments,bodyjewelry,sharps,and
plica with the re y a Person ons. k.or pigments used for all procedure-including the
qumements of this ordinance ofmanufacturere,aerial andlot numbers.Invoices
JI be ohtitied to receive.....
A license shall not 6e B.Jewelry moat be made of surgical impl—t grade stain- or orders shall safety thio requirement;and
n.fereble as to parson or place:A valid Ecerue,hell be lees steel,solid 14k or 18k white or yellow gold,niobium,
K_pursuant to Section 160 of this Code. titanium or ptatinum,—dlor a dense low-porosity plastic. C.A copy of this ordinance shall be available at all times
06 Inspection and PI—Review. Jewelry most be f of rucka,ec,.tchea,vregutar aur on premises.
d.1.Inepec..n Required. The Heelth Department faces and moat beproperly sw ilimd prior touse.
t/mspect each to
art eatebliehment: C.All ink.,dye,,and other Suhd.3.Parental C...ent.No technician shall tattoo or
-factored for tattoo prdienw shall be specifically pierce any psora,under the age of 18 year.unless the per-
lefore;.suing a license for a new establishment; proved inks,dyes,or procedures. The mixing of ap- .on provides written consent from both the cu.mdial and
tilled water or alcohol age ca table or air dilution with die- one todial Pmema where applicable,if required by M.
a pari Ole an.tructum or remodeling plan review; p 5.809.2246,and the written consent from s custodial par-
D.immediately before applyingtottoo,the ant given by the Parent in Person at the establishment.
o pert of a complaint investigation;or the dye used shall be transferrefrom the dye bottle and
placed into single use Paper.r Plastic c.p,. Upon cam- Legal.continued On next page