HomeMy WebLinkAbout6.r. Transitory Ordinance Relating to Gas PipelinesAGENDA ITEM: Transitory Ordinance Relating to Gas
Pipelines
AGENDA SECTION:
Consent
PREPARED BY: Jamie Verbrugge, City Administrator
AGEN 0 6
ATTACHMENTS: Proposed Transitory Ordinance
APPROVED BY:
RECOMMENDED ACTION: Motion to adopt a Transitory Ordinance relati to gas
pipelines; providing an exception to Ordinance No. XI.25, authorizing Xcel Energy to
provide gas service to the Harmony, Harmony 2 and Harmony 3 subdivisions.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: November 15, 2005
EXECUTIVE SUMMARY
BACKGROUND
The City Council adopted Ordinance No. XI.25 on May 17, 2005. That ordinance amendment requires
that no permits shall be issued for the installation of gas pipes and mains to entities that do not hold a
current franchise from the City of Rosemount.
ISSUE
Contractor Property Developers Company (CPDC), the developer of the Harmony residential
subdivisions on the site of the former Brockway industrial properties, has an agreement with Xcel Energy
to provide gas service to the subdivision Xcel Energy is currently negotiating a renewal of its expired
franchise with City staff and the City Attorney. Although the parties have made positive progress m our
negotiations, it is unlikely that a franchise agreement can be finalized and ratified m time for the Harmony
project to proceed.
The transitory ordinance will allow the service installation to continue in a timely fashion.
SUMMARY
The City Attorney and City Engineer have both reviewed the transitory ordinance and recommend its
adoption.
A TRANSITORY ORDINANCE RELATING TO GAS PIPELINES;
PROVIDING AN EXCEPTION TO ORDINANCE NO. XI.25,
AUTHORIZING XCEL ENERGY TO PROVIDE GAS SERVICE TO THE
HARMONY, HARMONY 2 AND HARMONY 3RD SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. PURPOSE. On May 17, 2005, the City Council adopted Ordinance No. XI.25.
Ordinance No. XI.25 amended City Code Section 4-2 -1 by adding paragraph b, which provided that no
permits would be issued for the installation of gas pipes and mains to entities that did not hold a current
franchise from the City of Rosemount "City
Prior to the adoption of that ordinance, Xcel Energy, which does not currently hold a franchise
from the City, had entered into a contract with Contractor Properties Development Company to
provide gas services to a development now described as the subdivisions of Harmony, Harmony 2"
and Harmony 3' (the "Harmony Subdivisions in the City of Rosemount. Pursuant to that contract,
Xcel Energy constructed gas service lines to sent a portion of the Harmony Subdivisions. Xcel Energy
has represented to the City that its determination as to the feasibihty of serving the Harmony
Subdivisions was based on providing services to the entire development, but no other facilities in the
City. Xcel Energy has requested that it be allowed to complete providing gas services to the Harmony
Subdivisions, notwithstanding the requirement of City Code Section 4 -2 -1, paragraph b, that it have a
franchise with the City. The Council has determined that the purposes of Ordinance No. X125 will not
be frustrated or compromised by the adoption of this ordinance and that it is reasonable and
appropriate to authonze the extension of gas service by Xcel Energy to the remainder of the Harmony
Subdivisions for the orderly completion of that development.
Section 2. City Code Section 4-2 -1, paragraph b shall not apply to the installation by Xcel
Energy of gas pipes and mains within, and servmg, the Harmony Subdivisions m the City of
Rosemount.
Section 3. This ordinance shall be in effect following its passage and pubhcation.
Adopted this 15th day of November, 2005, by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
ATTEST. William H Droste, Mayor
Linda Jentmk, City Clerk
Published in the Rosemount Town Pages this day of 2005.
CLL- 270852v1
RS220 -216
CITY OF ROSEMOUNT
ORDINANCE NO.