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Maquoketa Valley Electric Cooperative Extension_Initiate Copyrighted September 17, 2018 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Maquoketa Valley Electric Cooperative 30-Day Extension of Franchise SUMMARY: City Manager recommending that the City Council set a public hearing for October 1 , 2018, on a possible 30-day extension to Maquoketa Valley Electric Cooperative's electric franchise agreement that is set to expire October 3, 2018. RESOLUTION Setting a public hearing on an ordinance extending the term of the franchise granted to Maquoketa Valley Electric Cooperative for an additional thirty days. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 ATTACHMENTS: Description Type Maquoketa Valley Electric Cooperative 30-day City Manager Memo Extension Request-NNM Memo Staff Memo Staff Memo Resolution-Public Hearing Franchise Agreement 30 Resolutions Day E#ension Proposed Ordinance-Franchise Agreement 30 Day Ordinance Extension THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Maquoketa Valley Electric Cooperative Franchise/30 Day Extension DATE: September 13, 2018 Senior Counsel Barry Lindahl recommends the City Council set a public hearing for October 1 , 2018, on a possible 30-day extension to Maquoketa Valley Electric Cooperative's electric franchise agreement that is set to expire October 3, 2018. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �it�� �ti� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel THE CTTY OF Dubuque �' u4AneneiClry DUB E '�I}I�A` Masterpiece on the Mississippi �°' Z°'Z 2013 2017 BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager Dare: September 13, 2018 Re: Maquoketa Valley Electric Cooperative Franchise/30 Day Extension The Maquoketa Valley Electric Cooperative (MVEC) electricfranchise granted by the City of Dubuque in 2004 expires October 3, 2018. The approval of a franchise requires a public hearing before the City Council. A resolution setting a public hearing for October 1, 2018 for the ordinance granting a new franchise, as well as a separate ordinance establishing a franchise fee, are on the agenda for the September 17, 2018 City Council meeting. MVEC has not yet agreed to the franchise agreement, but MVEC's CEO has indicated MVEC might be willing to agree to a thirty-day extension of the current franchise to negotiate a new franchise. The MVEC Board will decide at its September 21 , 2018 meeting whether it will negotiate with the City. The extension of the term of a franchise requires a public hearing.Attached is a resolution setting a public hearing on the thirty-day extension ordinance for the October 1 , 2018 City Council meeting. I recommend that the resolution setting the public hearing for October 1 , 2018 on the requested thirty-day extension be submitted to the City Council for adoption. BAL:tIs Attachment cc: Crenna Brumwell, City Attorney James Wainwright, Esq. Steve Nadel, Esq. F:UlsersUsteckle�Lintlahl�Frenchise Fee Ortlinance NotebookWlaquoketa ValleyWlVM_MVECFrenchiseAgreement-30DayExtension_091218.tlocx OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/Fnx (563)583-1040/Ennni� balesq@cityofdubuque.org RESOLUTION NO. 275-18 SETTING A PUBLIC HEARING ON AN ORDINANCE EXTENDING THE TERM OF THE FRANCHISE GRANTED TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE FOR AN ADDITIONAL THIRTY DAYS Whereas, City of Dubuque Ordinance No. 20-04, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (the Company), the right and non- exclusive franchise (the Franchise) to maintain and operate in the City of Dubuque, Iowa (City) its existing electrical system within the limits to the City of Dubuque; and Whereas, the Franchise expires October 3, 2018; and • Whereas, the Company has agreed to a thirty -day extension of the Franchise to negotiate a new franchise; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to grant the extension. Whereas, Iowa law requires that the City Council hold a public hearing on the extension of the term of a franchise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. A public hearing on the question of the adoption of the Ordinance granting an extension of the term of the franchise granted to Maquoketa Valley Electric Cooperative for an additional thirty days is hereby set for the 1st day of October, 2018 in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:00 p.m. law. Attest: Section 2. The City Clerk shall publish notice of the public hearing as required by Passed, approved and adopted the 17th day of Sept-:: ber, 2018. Kevin S. Firnstahl, City Clerk Roy D. Bu, 1, Mayor F:\Users\tstecklelLindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\ResolutionSettingPublicHearing30DayExtMVECFranchise 091218.docx 091218bal Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001 Te I e p h o n e: (563) 583-4113 ORDINANCE NO. -18 EXTENDING THE TERM OF THE FRANCHISE GRANTED TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE FOR AN ADDITIONAL THIRTY DAYS Whereas, City of Dubuque Ordinance No. 20-04, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (the Company), the right and non-exclusive franchise (the Franchise) to maintain and operate in the City of Dubuque, lowa (City) its existing electrical system within the limits to the City of Dubuque; and Whereas, the Franchise expires October 3, 2018; and Whereas, the Company has agreed to a thirty-day extension of the Franchise to negotiate a new franchise; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to grant the extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The term of the Franchise is hereby extended to and including November 2, 2018. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the _ day of , 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance NotebookWlaquoketa Valley\MVEC Franchise 30 Day Extension Ordinance_0912186a1.docx 091218ba1 091218bal CITY OF DUBUQUE, IOWA OFFICIAL NOTICE EXTENDING THE TERM OF THE FRANCHISE GRANTED TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE FOR AN ADDITIONAL THIRTY DAYS NOTICE is hereby given that the Dubuque City Council will conduct public hearing at a meeting to commence at 6:00 p.m. on Monday, October 1, 2018, in the Historic Federal Building, second-floor, 350 W. 6th Street, Dubuque. The purpose of the hearing is to allow public comment on the question of the adoption of an Ordinance granting an extension of the term of the franchise granted to Maquoketa Valley Electric Cooperative for an additional thirty days. Copies of supporting documents for the public hearings are on file in the City Clerk’s Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk’s Office, 50 W. 13th St., on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visually- or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC City Clerk 1t 9/14 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 21, 2018, and for which the charge is $21.28. cny OF DUBUQUE, IOWA OFFICIAL •NOTIpE EXTENDING' THE TERM OF,THE FRAN- S CSE MAQUOKETkVALI,EY ELEOTRICr.i-COOFERA- ' TIVE FOR AN ADDI- PQNAIIMIOTI(pAysNOTICE is hereby giv, en that the Dubuque City, Councfl will con (410-t,le,4ilbitet44r;fpg at 4krtrieetiffg'4066nr1"-. Subscribed to before me, a No y Public in and for Dubuque County, Iowa, Kilond4Y, - batdbeiTi, 2018,in the Historic .4.0.AA,D , 20 Aof' . Federal Building, this ,..2:7,,f day of Fed-flOor, 350' VV. 6th Street, Dubuque. The purpose of the hearing is to allowpublic com- 7 <7.,e,°/"' Ordinance granting an merit on the question of the adoption of an of the franchiSe grant- . , extensiont, of the term Notary Public in and for Dubuque County, Iowa. ley Electric',Coopera- 1 ed to Maquoketa Val- tive, for an ,additional ' thirty days. Copies,of supporting documents for the -pub- lic hearings are on file in the City Clerks Of- fice, City ' Hall,'Sp-'W. 13th' St., Dubuque, " Iowa; ' and' may ' be viewed during normal — — working hours. MARY K WESTERIVIEYER lic hearings may be tst14 0, ,,,e; written comments re - Commission Number 154885 garding the above pub - Clerks Office 50 W. My C.',,oninlission Exp. Feb. 1, 2020 saidtime o , public submitted to the City 13th St., on or before hearing. At said time and place of public hearings all Mteretted citizens' and parties will be given an oppor- tunity to be heard for or against ,said propos- ' alA:',-r,i-y visuaIty.Or hear- ing-impaired persons ., 7 needing special -assis- tance,. or pe sons with specilaccessibility needs should contact the, City Clerks' Office at (563) 589;4100 or , TDD (563) 690-6678 at least 4S -hours prior to t1hte9/m2e1eting. Kevin S. Firnstahl, 'CMC, City Clerk