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
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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.
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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
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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
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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
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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