03-484Council File # O 3 - ���
Ordinance #
�� sh� # I � q
NIINNESOTA
Presented By
Referred To
Committee Date :
1 AMENDING THE ST. PAUL LEGISLATIVE CODE, APPENDIX F, DISTRICT HEATING
2 FRANCHISE - DISTRICT FIEATING DEVELOPMENT COMPANY,• AND APPENDIX I�
3 DIS7RICT ENERGY SERVICES FRANCHISE; TO GRANT THE FRANCHISE HOLDER
4 LEGAL AUTHORITYTO USE THE PUBLIC RIGH7' OF-WAYTO INSTALL A FIBER OPTIC
5 NETWORK FOR USE BYTHE CITYOF ST. PAUL, THE STATE OF MINNESOTA, AND THE
6 COUNTYOFRAMSEY
THE CTTY COUNCIL DOES ORDAIN AS FOLLOWS:
That Appendix F and Appendix K of the St. Pau1 Legislarive are hereby amended to add the
following language:
10
11 ...
12 5ection 1.
/Z
SUBSTfTUTE May 21, 2003
APPENDIX F
13 T'he District Heating Development Company, a nonprofit Minnesota corporation, hereinafter
14 referred to as "DHDC", is hereby granted a franchise to use the streets and other public property
15 within the City of Saint Paul for purpose of constructing and operating a district heating system
16 and fiber ontic network for eovernment usewithin said city. Said franchise may not be sold,
17 transferred, assigned, pledged, mortgaged or in any way disposed of or encumbered without the
18 consent of the city by ordinance, any of the foregoing to be treated as a modificarion of this
19 franchise; provided, however, that this sentence shall not apply to revenue bonds issued to finance
20 construcrion or expansion of the district heating system.
21
22
23
24
25
26
27
28
29
SecNon 2.
The franchise granted herein shall extend to the conshuction of the district heating systezxand a
fiber ontic network for eovernment useby DHDC in the City of Saint Paul. DHDC shall, prior to
commencement of any construction or usage of the public streets or other public property within
the City of Saint Paul, file with the CiTy of Saint Paul a detailed routing map showing the
construction of the district heating systemand fiber ontic network Such franchise to use the �-�'�
streets and other public properiy located in such city shall include such use for the purpose of
conshucting, maintaining and operating a system of pipes, subways and manholes with all other �'� �
necessary appurtenances for canying on a district heating systemand a fiber ontic network for use
03 - 4gy
by onlv the Citv of Saint Paul, the State of Minnesota and the Countv of Ramsev and other
government entifies as mav hereafter be anproved bv Citv Council resolution Expansion of the
district heating system beyond that contained in said routing map shall be govemed by and in
accordance with the applicable provisions of the Hot Water Delivery Agreement. All of the
foregoing are subject to the provisions of Secrion 5 hereof.
Section 5.
8 (a) During the term of the franchise hereby granted, DHDC shall pay the city an annual district
9 heating franchise fee in the amount of eight (8) percent of the DHDC's annual gross earuings,
10 except as fiuther provided in ttris section. Said payments shall be made in monthly installments,
11 after the accumulation of the amounts required by subsecrion (b) herein. Said payment, when
12 made, shall be eight (8) percent of the gross earnnigs of DHDC for that month which is in the
13 thirteenth month preceding the month in which payment is made, it being the intention of
14 subsecfion (b) and of this subsection that the franchise fees for the most-recent twelve month
15 period be accumulated thereunder in the Franchise Fees Account. The payment shall be due on or
16 before the twenty-fifth calendar day of the month in which payment is made. The payxnent
17 obligation sha11 be met if the payment is mailed and poshnarked on or before the due date. "Grose
18 eamings for the purposes of this ordinance, shall mean all sums received or receivable by the
19 company from the sale of hot water to customers of DHDC and all sums collected bv DHDC for
20 roufine maintenance or use of the fiber ontic network serving the State of Minnesota the Countv
21 of Rauisev, and other eovemment endties as annroved bv the Citv
�
23 ...
24 [Sec.] .Ol. Franchise granted.
APPENDIX K
25 Distdct Energy Services, Inc., a nonprofit Mimiesota corporarion, hereinafter referred to as
26 "DES," is hereby granted a franchise to use and occupy the streets and other public property
27 within the City of Saint Paul for the purpose of constructing, maintaining and operating a system
28 of pipes, subways and manholes with al other necessary appurtenances only for carrying on a
29 district cooling system providing thermal energy to customers within said cit�nd for nrovision of
30 a fiber onric network for eovernment use bv the Citv of Saint Paul the State of Minnesota the
31 Countv of Ramsev, and bv other government enrities as mav hereafter be aronroved bv Citv
32 Council resolution
33 ...
34 [Sec.] .02. Definitions.
35 ...
36 C. Distribution facilities shall mean all DES piping, tunnels, conduits, vaults, chamberscable or
37 any other appurtenance or shucture located in the streets and necessary or used for the delivery of
38 thermal energyor a fiber ovtic network for eovernment use
39 ...
03 - `i,try
1 I. Gross earnings shall mean all sums received or receivable by the compan�a in demand and
2 energy charges from the sale of thermal energy to customers of DESand all sums collected bv
3 DES for routine maintenance or use of the fiber oDtic nerivork servine the State of Minnesota the
4 Countv of Ramsev and other eoverninent entities as aonroved bv the Citv For purposes of this
5 franchise and the district heating franchise (Ordinance No. 16947, as amended), District Energy
6 shall not be deemed a customer of District Energy Services nor shall DES be deemed a customer
7 of District Energy.
8 ...
9 [Sec.] .10. Technical standards.
10 The francluse ganted herein shall extend to the construction, operation and maintenance of the
11 district cooling system by DES in the City of Saint Pauland the fiber ontic network installed for
12 �overnment use.
13 EFFECTIVE DATE. This franchise shall become effecfive following passage and publication.
Requested by Department of:
BY:
Form Approved by City Attorney
B �r'sr-�� ��l-C-�1
Approved by Mayor for Submission [o Council
By:
r : ��
At� 4 '03
Adopted by Covncil: Date �3 �Od3
Adoption Certi£ied by Council Secretary ��j��SiO/�� —/
03 - ��'y
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GREEN SHEET
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5/21/2003
TOTAL � OF SIGNATURE PAGES
No 104519
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Approval of ordivsnce amending the St Paul Legisladve Code, Appendix F, District Heating Frmchise - District Heating De�•elopme� Company; snd
Appendix K, District F�ergy Services F:anchise; to grant the franchise holder legat authority to use ffie public right-of-way to install a fiber op[ic
network for use by those companies, City of St Paul; the State of Minnesota and the Couoty of Ramsey.
a
PLANNING COMMISSION
CIB CAMMITTEE
CML SERVICE CAMMISSION
(WFa. What, When. Where.
tlas mis a��rm ever��orxea unEer a� ror tnia department9
YES NO
Fies Mis pnsoNfi�m ever heen a d1Y �PbYee9
YES NO
ooes this ce��m a� a sla�� no[ mm�a��ypoce�sed by anr current aty empkyee9
YES �
Is Nis pe,saJfilm a fargeted verMoR
YES NO
Aam all vrs ansxeis on seoarate aheet and attach to areen sheet �
Dlstrict Energy and Distrid Cooling are in ffie process of designing an upgraded communication system tktat will invoive ffie use of fiber in the public
rightof-way. This fiber witl have sufficiert capacityto provide service to the City, Ramsey County and the State of Minnesota, ifthe City amends the
franchise ageemeut.c with pistrict Energy and District Cooling to su[horize this use.
IF APPF20VED
Ramsey CounCy and the State of Minnesota coutd begin discussions wiffi District Energy shared c�striction and maintenance ofUils fiber network and
the City of Saint Paut would benefit through the addition of a redundant fiber ca�munication network among the key safety faciliries, as is cunsistent
with emergency preparedness and homeland security plans.
IFAPPROVED
nM gain ffie above-mentioned benefits.
SOURCE
OF TRANSACTION S
COST/REVEtiUE BUDfiETED (CIRCLE ONE)
ACiNITY NUMBER
11'�:n
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Council File # �3 • � $'1
Ordinance #
Green Sheet # � S�q
� �r �.���r.r_�.rwy
Presented By
Referred To
Committee Date :
AMENDING THE ST. PAUL LEGISLATIVE CODE, APPENDIX F, DISTRICT HEATING
FRANCHISE - DISTRICT HEATING DEVELOPMENT COMPANY,• AND APPENDIX K,
DISTRICT ENERGYSERVICES FRANCHISE; TO GRANT THE FRANCHISE HOLDER
LEGAL AUTHORITY TO USE THE PUBLIC RIGHT-OF-WAY TO INSTALL A FIBER OPTIC
NETGVORK FOR USE BYTHE CITY OF ST. PAUL, THE STATE OF MINNESOTA, AND THE
COUNTYOFRAMSEY
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
That Appendix F and Appendix K of the St. Paul Legislative are hereby amended to add the
following language:
10
11 ...
12 Section 1.
APPENDIX F
13 The District Heating Development Company, a nonprofit Minnesota coxporation, hereinafter
14 referred to as "DHDC", is hereby granted a franchise to use the streets and other public property
15 within the City of Saint Paul for purpose of conshucting and operating a district heating system
16 and fiber optic netwark for eovernment use within said city. Said franchise may not be sold,
17 transferred, assigned, pledged, mortgaged or in any way disposed of or encumbered without the
18 consent of the city by ordinance, any of the foregoing to be treated as a modification of this
19 franchise; provided, however, that this sentence shall not apply to revenue bonds issued to
20 finance conshuction or expansion of the district hearing system.
21 Section 2.
22 The franchise granted herein shall extend to the construction of the district heating system and a
23 fiber optic network far government use by DHDC in the City of Saint Paul. DHDC shall, prior
24 to commencement of any construction or usage of the public streets or other public properiy
25 within the City of Saint Paul, file with the City of Saint Paul a detailed routing map showing the
26 construction of the district heating system and fiber outic network. Such franchise to use the
27 streets and other public property located in such city shall include such use for the purpose of
28 constructing, maintaining and operating a system ofpipes, subways and manholes with all other
29 necessary appurtenances for carrying on a district heating system and a fiber optic network for
i use b,�nlv the CiTy of Saint Paui, the State of Minnesota and the Countv of Ramsey, and other b � ��Yt,�
2 government entities as mav hereafter be approved bv Citv Council resolurion. Expansion of the
3 district heating system beyond that contained in said routing map shail be governed by and in
4 accordance with the applicable provisions of the Hot Water Delivery Agreement. All of the
5 foregoing are subject to the provisions of Section 5 hereof.
6 ...
7 Section 5.
8 (a) During the term of the franchise hereby granted, DHDC shall pay the city an annual distact
9 heating franchise fee in the amount of eight (8) percent of the DFIDC's annual gross eanungs,
10 except as fiuther provided in this section. Said payments shall be made in monthly installments,
11 after the accumulation of the amounts required by subsection (b) herein. Said payment, when
12 made, shall be eight (8) percent of the gross eamings of DHDC for that month which is in the
13 thirteenth month preceding the month in which payment is made, it being the intention of
14 subsection (b) and of this subsection that the franchise fees for the most-recent twelve month
15 period be accuxnulated thereunder in the Franchise Fees Account. The payment shall be due on
16 or before the twenty-fifth calendar day of the month in which payment is made. The payxnent
17 obligation shall be met if the payment is mailed and poshnarked on or before the due date.
18 "Gross earnings for the purposes of this ordinance, shall mean all sums received or receivable by
19 the company from the sale of hot water to customers of DHDC and all sums collected bv DHDC
20 far routine maintenance or use of the fiber optic network servine the State of Minnesota and the
21 CountvofRamsev.
22
23 ...
24 [Sec.] .Ol. Franchise granted.
APPENDIX K
25 District Energy Services, Inc., a nonprofit Minnesota corporation, hereinafter referred to as
26 "DES," is hereby granted a franchise to use and occupy the streets and other public properiy
27 within the City of Saint Paul for the purpose of constructing, maintaining and operating a system
28 of pipes, subways and manholes with al other necessary appurtenances only for canying on a
29 district cooling system providing thermal energy to customers within said city and far provision
30 of a fiber optic network for ¢overnment use by the City of Saint Paul the State of Minnesota, and
31 the Countv of Rasnsey and bv other eovernment entities as mav hereafter be approved b�ty
32 Council resolution
33 ...
34 [Sec.] .02. Defmitions.
35 ...
36 C. Distribution facilities shall mean all DES piping, tunnels, conduits, vaults, chambers, cable or
37 any other appurtenance or structure located in the streets and necessary or used for the delivery of
38 thermal energy or a fiber opric network for government use.
39 ...
1 I. Gross earnings shall mean all sums received or receivable by the company m in demand and 0 3
2 energy charges from the sale of thermal energy to customers of DES and ail sums coliected bv
3 DES for routine maintenance or use of the fiber optic network serving the State of Miunesota and
4 the Countv of Ramsey. For purposes of this francluse and the district heating franchise
5 (Ordinance No. 16947, as amended), District Energy shall not be deemed a customer of District
6 Energy Services nar shall DES be deemed a customer of District Energy.
7 ...
9
10
11
12
13
[Sec.] .10. Technical standards.
The franchise granted herein shall extend to the construction, operation and maintenance of the
district cooling system by DES in the City of Saint Paul, and the fiber optic network installed for
government use.
EFFECTIVE DATE. This franchise shall become effective following passage and publication.
Requested by Department of:
��FlCE � FG��7�`�%fz9'L- �C+ei�L�F�s
By: j
Form Approved by City Attorney
By: ��i�CGL �. //��"/
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
BY:
Approved by Mayor for Submission to Council
By:
Adopted by Council: Date