Maquoketa Valley Electric Cooperative Extension of Franchise Agreement_HearingCopyrighted
October 1, 2018
City of Dubuque Public Hearings # 3.
ITEM TITLE: Maquoketa Valley Electric Cooperative Extension of
Franchise
SUMMARY: Proof of publication for notice of public hearing to consider
approval of a 30 -day extension to Maquoketa Valley
Electric Cooperative's electric franchise agreement, and
the City Manager recommending approval.
ORDINANCE Extending the term of the Franchise granted
to Maquoketa Valley Electric Cooperative
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Maquoketa Valley Electric Cooperative Franchise City Manager Memo
Extension -MVM Memo
Staff Memo Staff Memo
MVEC Franchise Extension Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
THE CITY OF
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Maquoketa Valley Electric Cooperative Franchise Extension
DATE: September 25, 2018
Dubuque
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2007.2012
2013.2017
The Maquoketa Valley Electric Cooperative electric franchise granted by the City of
Dubuque in 2004 expires October 3, 2018. The City and Maquoketa Valley Electric
Cooperative are in the process of negotiating a new franchise agreement. Although
Maquoketa Valley Electric Cooperative has not yet agreed to a new franchise
agreement, it has agreed to an extension of the current franchise.
Senior Counsel Barry Lindahl recommends the City Council grant an extension to
Maquoketa Valley Electric Cooperative on the term of the Franchise to November 5,
2018 pending ongoing negotiations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
AA)1144
Michael 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 CITY OF
DUB TOU
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: September 25, 2018
RE: Maquoketa Valley Electric Cooperative Franchise Extension
Dubuque
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2007.2012
2013.2017
The Maquoketa Valley Electric Cooperative (MVEC) electric franchise granted by the City
of Dubuque in 2004 expires October 3, 2018. The City and MVEC are in the process of
negotiating a new franchise agreement. Although MVEC has not yet agreed to a new
franchise agreement, it has agreed to an extension of the current franchise.
The extension of the term of a franchise requires a public hearing. Attached for the
October 1, 2018 City Council meeting is an ordinance extending the term of the Franchise
granted to Maquoketa Valley Electric Cooperative to and including November 5, 2018.
The proposed extension was for 30 days but in order to get to the next City Council
meeting the extension is to November 5, 2018, 33 days.
The MVEC Franchise Agreement Ordinance and the MVEC Franchise Fee Ordinance
which were scheduled for public hearings at the October 1, 2018 City Council meeting
should be tabled to the November 5, 2018 City Council meeting pending ongoing
negotiations between the City and MVEC.
I recommend that the ordinance extending the term of the Franchise granted to
Maquoketa Valley Electric Cooperative be submitted to the City Council for adoption.
BAL:tls
Attachment
cc: Crenna Brumwell, City Attorney
James Wainwright, Esq.
Steve Nadel, Esq.
F:\Users\fsteckle}Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MVM_MVECFranchiseAgreement-ExtensionOrdinance_092518.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-10401 EMAIL balesq@cityofdubuque.org
Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001 Telephone: (563) 583-
4113
ORDINANCE NO. 38-18
EXTENDING THE TERM OF THE FRANCHISE GRANTED TO MAQUOKETA VALLEY
ELECTRIC COOPERATIVE
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 an 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 5, 2018.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted the 1St day of October 2018.
Attest:
Kevi< 'S. Firnstahl, tity Clerk
Luis Del Toro, Mayor Pro Tem
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MVEC Franchise 30 Day Extension Ordinance_091218bal.docx
091218bal
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: October 05, 2018, and for which the charge is $14.59.
S Pcir
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this gzo day of , 20 .
)77 411".Z.4"i"/":42-4e-lete---0
Notary Public in and for Dubuque County, Iowa.
AAP! K WESTERMEYER
mmission Number 154885
My Commission Exp. Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE
,NO. 38-18.
EXTENDING THE
TERM OF. THE'FRAN-I
`CHISE GRANTED 'TO',
MAQUOKETA VALLEY
ELECTRIC COOPERA-
TIVE
Whereas,, City of,,
Dubuque' Ordinance
No. 20-04,'granted to
Maquoketa Valley Elec-
tric Cooperative, its
successors and assigns.
(the Company), the
right and non-exclusive'
franchise (the Fran-
chise) to maintain and
operate in the City of I
Dubuque, Iowa (City)
its existing electrical
system within the lim-'
its to the City of
Dubuque; and
Whereas, the Fran-
chise expires
ranchise"'expires October'
3,2018; and
Whereas, the Compa-
ny has agreed to an ex-
tension of the -.Fran-
chise 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. I
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 includ-
ing November 5, 2018.
Section 2. This Ordi-
nance shall take effect
upon publication.
Passed, approved and
adopted the 1st day of
October 2018.
/s/Luis Del Toro,
Mayor Pro Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
P(blished officially in
the Telegraph'=t{erald
newspaper on: the. 5th
day`of October 2,018.
/s/Kevin S Firrtstahl,.
CttV lerk,'
It 10/5
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.
CITY OF DUBUQUE,
OFFICIAOLWNAOTICE
,
EXTENDING THE
TERM OF THE J FRAN-
CHISE - GRANTED TO
MAQ,UOKETA VALLEY
rIVEFOR AN
:D DI-
-
TIONAL THIRTY DAYS
:0riQEis,hereb,giv:
en:hat;te'Duucue
ciyqqpcwi11con-
duct A'0ul1c' hearingatameeting tocon
,merice at6:00"PA,'0,n
Subscribed to before me, a No, y Public in and for Dubuque County, Iowa,
-1,
2'01K 'in 'the' Historic
MondaY, ' October' 1,
this ..„7,,friV day of...„1,,D , 20 /ff .
ond-floor, 350' W. 6th
j,, -.°'"t''4617
' Street,: Dubuque. The
Federal., puilding, sec -
purpose of the hearing
is to allow,public corn-
?
roent on the question
of the adoption of an
Ordinance granting an
extensiooof the term 1
of lrS-
in and for Dubuque County, Iowa. theanehie grant
ley Electric ' ,Coopera-
tive for an additional
thirty days.
Cop es, of , supporting
documents for the pub.
Of-
fice City ' Hail, -50 W.
in the City Clerks ',Of-
,
lic hearings are on file
13t11 St., Dubuque,
viewed Iowa, adnudr i n gm` anYo ''; 'mbal
working hours.
' Written comments re-
garding the above pub-
lic hearings, may be
submitted to the City
Clerks Office, 50 W.
13th St., on or before
said . time of p
ubic
hearing. At said time
and place of public
hearings all interested
citizens and parties
will be given an oppor-
tunity to be heard for
or against said propos-
Any visually- or hear-
,ing-irnpaired persons
needing special assis-
tance or. persons with
special '" accessibility
needs should contact
the City Clerks Office
at (563) 58974100 or
TDD (563) 690-6678 at
lesameeting. 4e8tirig
hours prio r to
the— - - ,
Kevin S. Firnstahl,
CMC, City Clerk
1t 9/21
Notary Public
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1,2020