B. No permit for the making of any excavation on any street, alley or other public grounds shall be issued to any person unless he or they be licensed as provided herein, or unless such person is exempted from the licensing requirement in accordance with the provisions of this Ordinance.

C. No permit shall be issued except to a licensed contractor and then only after the required permit fees have been paid to the City Treasurer by the applicant for the permit and the receipt therefor filed with the Public Works Superintendent.

SECTION 3.02 TECHNICAL REQUIREMENTS FOR CONTRACTOR

Subd. 1. Regulations for Public Safety.

A. Before commencing any excavation, the contractor holding the permit for a project shall set up an effective system to protect vehicular traffic and pedestrians from the excavation in accordance with Appendix B of the Minnesota Manual on Uniform Traffic Control Devices.

B. Whenever possible, excavations shall be made in such a manner as to allow traffic to pass through the construction area. If it is not practicable to allow traffic to pass, a suitable detour shall be established on a route approved by the City Engineer or Superintendent of Public Works.

C. If blasting is necessary in effecting the excavation, permission must be received from the Chief of Police, and due precaution and care shall be exercised to avoid damage to persons or property. Proof of adequate insurance by blaster will be required.

Subd. 2. Regulations for Protection of Existing Improvements.

A. Before commencing any excavation, the contractor shall determine what improvements exist within the limits of the construction area and shall make detailed arrangements with the owners thereof for the protection or replacement of such improvements.

B. Installation of pipes under city arterial streets will be done by jacking or boring whenever possible.

C. When making excavations, the various materials excavated shall be piled separately. All concrete and bituminous materials, any soil which cannot be properly compacted, and all other deleterious materials shall be removed from the construction site.

Subd. 3. Restoration of Right-Of-Way.

A. All surplus materials or debris shall be removed from the right-of-way immediately following completion of the basic work.

B. The restoration, as well as all excavation and backfill compaction work, shall be performed in accordance with the current standards for such work, as used by the City on its construction projects, and with such special requirements established by the City Engineer or Superintendent of Public Works.

C. If settlement occurs at the site of excavation, or adjacent thereto, at any time within one year from the date of final completion of the original restoration, the contractor shall be responsible for reimbursing the city for such failure in accordance with the directions of the City Engineer. In addition, the contractor shall be responsible for reimbursing the city for any expenses incurred in the placement of warning devices and barricades for the protection of traffic.

Subd. 4. City to Have Right to Complete Work.

A. All work covered under this Section shall be accomplished expeditiously until completion, in order to avoid unnecessary inconvenience to traffic, to pedestrians, and for the protection of other public interests. Wherever it is necessary to excavate in a roadway for the purposes of installation, repair, or maintenance, or other public purpose, resurfacing of said roadway must be accomplished within 48 hours following the beginning of excavation. If the work is not completed satisfactorily within said time, the City shall have the right to complete restoration, either with its own resources or contract for same; and the contractor shall be responsible for costs.

B. Where applicable, the applicant shall state in his or their application for permit, the amount of additional time that may be necessary to complete the work. Upon review of the application, the City Engineer shall have the right to extend the time allowance in an amount which he/she determines is reasonable in order to complete the work. In all instances, the criteria used to judge the amount of time for extension will be to allow the minimum amount of time to reasonably complete the work in a workmanship like manner and to prevent unnecessary traffic congestion.

C. In the event that the work is not being accomplished expeditiously, or if work on any excavation is ceased or abandoned without due cause, the City Engineer may, after six hours written notice to the holder of the permit of the city's intention to do so, have city forces correct said work, backfill the excavation and effect all restoration as required by this Section.

D. In the event settlement of an excavation occurs within one year of the date of final restoration and the contractor is notified of such settlement, he or they shall accomplish the required restoration or repair within the time limit specified by the City Engineer. Thereafter, if said work has not been accomplished, the City Engineer may have city forces accomplish the work required.

E. In the event city forces accomplish work in accordance with either of these provisions the entire cost of such work, including any materials used therefore, shall be a liability of the holder of the permit. Thereafter, if payment therefore is not made within 30 days of the billing date, no additional permits shall be issued to said contractor until payment has been made by the contractor or by his bonding company.

Subd. 5. Regulations Regarding Installation of Water And Sewer Services.

A. All taps to water mains shall be made by city forces unless otherwise agreed by the City. A schedule of charges for the making of such taps shall be established by resolution of the City Council. Payment for the making of such taps shall be made by the Excavating Contractor at the time he or they secure a permit unless payment therefore has already been made.

B. All sanitary sewer service connection shall be made to existing wyes, tees or risers where such connection points are available at a reasonably convenient location. The pipe saddle shall be designed for use with the size of main sewer pipe which is being tapped and shall be a design which will prohibit any protrusion beyond the inside wall of the main sewer. Pipe saddles used on vitrified clay pipe or polyvinyl chloride pipe sewers shall be cemented to the main sewers utilizing an epoxy cement or other water tight cementing agent approved by the City Engineer. Pipe saddles on other types of sewer pipe shall be attached in a manner which accomplishes a rigid and water tight connection meeting the approval of the plumbing inspector. The pipe saddle used on any particular installation shall be designed specifically for use with the same type of gaskets as are used on the balance of the sewer service pipe.

C. All water service and sewer service connections shall be installed with a minimum of seven feet of each cover within the street right-of-way unless the depth of the existing main lines makes it impossible to install the service connection at such depth. Where it is impossible to provide seven feet of cover at any point within the street right-of-way, said service connections shall be protected by insulation in a manner approved by the City Engineer or Superintendent of Public Works.

Subd. 6. Permission To Dig In Frozen Grounds. No person shall make any excavation within any street or highway within (10) feet of any laid water pipe while the ground is frozen, or dig up or uncover so as to expose to the frost any municipal water pipe or sewer, except on written permission of the Public Works Superintendent.

SECTION 3.03 THRU 3.09 RESERVED FOR FUTURE USE

SECTION 3.10 CABLE TELEVISION FRANCHISE

Subd. 1. Intent.

A. The City of Sauk Rapids, Minnesota, pursuant to Applicable Laws, is authorized to grant one or more nonexclusive Franchises to construct, operate, maintain and reconstruct Cable Television Systems within the City limits.

B. The City Council finds that the development of Cable Television Systems has the potential of having great benefit and impact upon the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such Persons as the City shall designate. It is the intent of this Ordinance and subsequent amendments to provide for and specify the means to attain the best possible cable television service to the public and any Franchises issued pursuant to this Ordinance shall be deemed to include this finding as an integral part thereof.

Subd. 2. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.

A. “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any Governmental Authority.

B. “Basic Cable Service” means any Service Tier which includes the retransmission of local television broadcast signals. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. 543(b)(7).

C. “Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1998, Pub. L. No. 104-458 and as the same may, from time to time, be amended.

D. “Cable Television System”, “System” or “Cable System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include:

1. A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;

2. A facility that serves Subscribers without using any public rights-of-way;

3. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. 201-226, except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that complies with 47 U.S.C. 573; or

5. Any facilities of any electric utility used solely for operating its electric utility system.

E. “Cable Service” means:

1. The one-way transmission to Subscribers of (i) Video

Programming, or (ii) Other Programming Service; and

2. Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service.

F. “Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the Federal Communications Commission.

G. “Class IV Channel” means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the Cable System.

H. “Council” means the City Council of the City of Sauk Rapids, Minnesota.

I. “Franchise” means an initial authorization, or renewal thereof, (including a renewal of an authorization which has been granted subject to 47 U.S.C. 546), issued by the City, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a Cable System.

J. “Franchise Agreement” means a Franchise granted pursuant to this Ordinance containing the specific provisions of the Franchise granted, including references, specifications, requirements and other related matters for the construction or operation of a Cable System.

K. “Franchise Fee” means any tax, fee or assessment of any kind imposed by the City on a Grantee or cable Subscriber, or both, solely because of their status as such. The term “Franchise Fee” does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable Subscribers); (ii) capital costs which are required by the Franchise Agreement to be incurred by the Grantee for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code.

L. “Governmental Authority” means any Court or other federal, state, county, municipal or other governmental department, commission, board or agency.

M. “Grantee” means any Person receiving a Franchise pursuant to this Ordinance as represented by its agents, officers, designees, or any lawful successor, transferee or assignee.

N. “Grantor” or “City” means the City of Sauk Rapids, Minnesota. The City Administrator shall be responsible for the continuing administration of the Franchise.

O. “Gross Revenues” means all revenue derived directly or indirectly by the Grantee, its affiliates, subsidiaries, parents, or any Person in which Grantee has a financial interest of five percent (5%) or more, arising from or attributable, to the sale or exchange of Cable Service by the Grantee within the City. Gross Revenues shall be the basis for computing the Franchise Fees imposed pursuant to Section 1.20 hereof. Gross Revenues does not include uncollected amounts for Cable Service, or support for PEG Access Facilities collected from Subscribers.

P. “Installation” means the connection of the System from the tap to the point of connectivity to a Subscriber’s terminal for the provision of Cable Service.

Q. “Normal Business Hours” means those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours at least one night per week and/or some weekend hours.

R. “Normal Operating Conditions” means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System.

S. “Other Programming Service” means information that a Grantee makes available to all Subscribers generally.

T. Person” means any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.

U. “Public, Educational or Government Access Facilities” or a PEG Access Facilities” means:

1. Channel capacity designated for public, educational or governmental use; and

2. Facilities and equipment for the use of such channel capacity.

V. “Section” means any Section, subsection or provision of this Ordinance.

W. “Service Area” or “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted, unless otherwise specified in the Franchise Agreement.

X. “Service Interruption” means the loss of picture or sound on one or more Cable Channels.

Y. “Service Tier” means a category of Cable Service or other services provided by a Grantee and for which a separate rate is charged by the Grantee.

Z. “State” means the State of Minnesota.

AA. “Street” means the surface of and the space above and below each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: streets, roadways, highways, avenues, paths, lanes, alleys, sidewalks, boulevards, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of Street from time to time.

BB. “Subscriber” means any Person who or which lawfully elects to subscribe to Cable Service provided by the Grantee by means of or in connection with the Cable System whether or not a fee is paid for such service.

CC. “Video Programming” means programming provided by, or generally considered comparable to programming provided by a television broadcast station.

Subd. 3. Franchise to Install and Operate.

A. A Franchise granted by the City under the provisions of this Ordinance shall encompass the following purposes:

1. To engage in the business of providing Cable Service to Subscribers within the Service Area.

2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain and retain cables, lines, related electronic equipment, supporting structures, appurtenances and other property in connection with the operation of a Cable System in, on, over, under, upon, along and across Streets within the Service Area.

3. To maintain and operate said Franchise properties for the origination, reception, transmission, amplification and distribution of television and radio signals for the delivery of Cable Services.

4. To set forth the obligations of a Grantee under the Franchise Agreement.

B. Nothing contained in this Ordinance relieves a Person from liability arising out of failure to exercise reasonable care to avoid injuring Grantee’s facilities while performing work connected with grading, regarding or changing the line of a Street or public place or with the construction or reconstruction of a sewer or water system.

Subd. 4. Franchise Required. It shall be unlawful for any Person other than the City (unless required by Applicable Laws), to construct, install or operate a Cable Television System in the City in, on, over, under, upon, along or across any Street without a Franchise properly granted pursuant to the provisions of this Ordinance.

Subd. 5. Term of the Franchise.

A. An initial or renewal Franchise granted hereunder shall be for the term established in the Franchise Agreement and shall not exceed fifteen (15) years.

B. A Franchise granted hereunder may be renewed upon application by the Grantee pursuant to the provisions of this Ordinance and Applicable Laws.

Subd. 6. Franchise Territory. Any Franchise granted pursuant to this Ordinance shall be valid within the Service Area.

Subd. 7. Federal, State and City Jurisdiction.

A. This Ordinance shall at all times be construed and enforced in a manner consistent with Applicable Laws.

B. In the event that the State or Federal government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction, Grantor reserves all of its rights to adopt rules and regulations in those areas to the extent permitted by Applicable Laws.

This Ordinance shall be effective on and after the expiration of Ordinance No. 370 and Ordinance 501(expected to expire on or about April 16, 1999) and shall apply to all Franchises after the effective date of this Ordinance.

The rights of all Grantees are subject to the policing powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. All Grantees shall comply with all Applicable Laws enacted by the City pursuant to that power.

No Grantee shall be relieved of its obligation to comply with any of the provisions of this Ordinance or any Franchise granted pursuant to this Ordinance by reason of any failure of the City to enforce prompt compliance.

This Ordinance and any Franchise granted pursuant to this Ordinance shall be construed and enforced in accordance with the substantive laws of the City, State of Minnesota and applicable federal laws, including the Cable Act.

This Ordinance complies with the Minnesota franchise standards contained in Minnesota Statutes Section 238.084. To the extent Minnesota Statutes Section 238.084 imposes requirements not addressed within this Ordinance or any Franchise granted hereunder, such requirements shall be considered part of this Ordinance as if fully set forth herein.

Grantee and the City shall conform to State laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable communications as they become effective.

Subd. 8. Franchise Non-Transferable.

A. Grantee shall not voluntarily or involuntarily, by operation of law or otherwise, sell, assign, transfer, or otherwise dispose of, in whole or in part, the Franchise and/or Cable System without the prior written consent of the Grantor and then only upon such reasonable terms and conditions as may be allowed under Applicable Laws. Any attempt to sell, assign, transfer, lease, sublet or otherwise dispose of all or any part of the Franchise and/or Cable System or Grantee’s rights therein without the prior written consent of the Grantor shall be null and void and shall be grounds for termination of the Franchise pursuant to Section 1.30 hereof and the applicable provisions of any Franchise Agreement.

B. The Grantor’s approval under this Section shall be required consistent with Minnesota Statutes Section 238.083.

C. In the case of any sale or transfer of ownership of any Franchise and/or Cable System, the City shall have 120 days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in this Ordinance and Applicable Laws and such other reasonable information as the City may request. If the City fails to render a final decision on the request within 120 days from receipt by the City of all required information, such request shall be deemed granted unless the requesting party and the City agree to an extension of time.

D. Grantee shall notify Grantor in writing of any foreclosure or any other judicial sale of all or a substantial part of the property and assets comprising the Cable System of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said property and assets. Such notification shall be considered by Grantor as notice that a change in control or ownership of the Franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control or ownership shall apply.

E. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor’s consent to any change of ownership or control, Grantee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to Grantor, which application shall include the information required under this Ordinance and Applicable Laws of this Ordinance. An application shall be submitted to Grantor not less than one hundred twenty (120) days prior to the date of transfer. City shall notify the Grantee in accordance with Applicable Laws of any question concerning the accuracy of the information provided, or such information shall be deemed accepted. The transferee shall be required to establish to the satisfaction of the City that it possesses the legal, technical and financial qualifications to operate and maintain the System and comply with all Franchise requirements for the remainder of the term of the Franchise. If, after considering the legal, financial and technical qualities of the transferee and determining that they are satisfactory, the Grantor finds that such transfer is acceptable, the Grantor shall permit such transfer and assignment of the rights and obligations of such Franchise as may be in the public interest. The consent of the Grantor to such transfer shall not be unreasonably withheld.

F. The granting of a security interest or mortgage in all or part of the Franchise or Cable System by a Grantee shall not require the consent of the Grantor. Any financial institution having a security interest in any and all of the property and assets of Grantee as security for any loan made to Grantee for the construction and/or operation of the Cable System intend to have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the Cable Television System, in the event of a default in the payment or performance of the debts, liabilities or obligations of Grantee to such financial institution. Further, said financial institution shall also submit a plan for such operation of the System within thirty (30) days of assuming such control that will insure continued service and compliance with all Franchise requirements during the term the financial institution or its designee exercises control over the System. The financial institution or its designee shall not exercise control over the System for a period exceeding one (1) year unless extended by the Grantor in its reasonable discretion and during said period of time it shall have the right to petition the Grantor to transfer the Franchise to another Grantee.

G. In addition to the aforementioned requirements in this Section 1.8, the City and Grantee shall, at all times, comply with applicable requirements of Minnesota Statutes Section 238.083 regarding the sale or transfer of a Franchise.

Subd. 9. City’s Right To Purchase System. The City shall have a right of first refusal to purchase the Cable System in the event the Grantee receives a bona fide offer to purchase the Cable System from any Person. Bona fide offer as used in this Section means a written offer which has been accepted by Grantee, subject to the City’s rights under this Ordinance and any Franchise Agreement. The price to be paid by the City shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within forty-five (45) days of the City’s receipt from Grantee of a copy of the written bona fide offer and such other relevant and pertinent information as the City shall deem reasonably appropriate.

Subd. 10. Purchase by City upon Expiration or Revocation. In accordance with Applicable Laws, at the expiration, cancellation, revocation or termination of any Franchise Agreement for which the City has lawfully denied renewal under Applicable Laws, the City shall have the right to purchase the entire Cable System upon the payment to Grantee of the fair market value of the Cable System determined on the basis of the going concern value of the Cable System (exclusive of any value attributable to the Franchise itself).

Subd. 11. Emergency Use. In the case of any emergency or natural disaster, Grantee shall, upon request of the City or emergency management personnel, make its Cable System and related facilities available to the City during the period of the emergency or natural disaster, to provide emergency alert services consistent with Applicable Laws.

Subd. 12. Geographical Coverage.

A. Grantee shall design, construct and maintain the Cable Television System to have the capability to pass every dwelling unit in the Service Area having a minimum density equivalent of nine (9) residential units per one quarter (1/4) cable plant mile, measured from the closest point of connectivity to Grantee’s System from which it is feasible to extend service to the area. Grantee shall be responsible for providing sufficient information to Grantor to evaluate whether the System must be extended.

B. After service has been established by activating trunk and/or distribution cables for any portion of the Service Area, Grantee shall provide Cable Service under Normal Operating Conditions to any requesting Subscriber within that Service Area within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such Subscriber within such thirty (30) day period on reasonable terms and conditions.

Subd. 13. Nonexclusive Franchise. Any Franchise granted under this Ordinance shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable Television System or any component thereof, as it deems appropriate, subject to Applicable Laws. The Grantor also specifically reserves the right to operate a municipal Cable Television System pursuant to Applicable Laws and shall not be required to grant a Franchise to the City for the operation of a municipal Cable Television System unless specifically required by Applicable Laws.

Subd. 14. Multiple Franchises.

A. Grantor may grant one or more Franchises for a Service Area. Grantor may, in its sole discretion, limit the number of Franchises granted, based upon, but not necessarily limited to, the requirements of Applicable Laws and specific local considerations; such as:

1. The capacity of the public rights-of-way to accommodate multiple coaxial cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewage.

2. The impact on the City of having multiple Franchises.

3. The financial capabilities of the applicant.

B. Each Grantee awarded a Franchise to provide Cable Service in the City shall offer service to all residences in the City within a reasonable period of time, in accordance with construction and service schedules mutually agreed upon between Grantor and Grantee, and consistent with Applicable Laws. Any additional Franchise granted by City for a Service Area included in an existing Franchise Agreement shall contain terms and conditions no more favorable or less burdensome than those in the existing Franchise Agreement pertaining to (i) the Service Area; (ii) PEG Access Facilities; or (iii) Franchise Fees.

C. The City may, in its sole discretion, require developers of new residential housing with underground utilities to provide conduit to accommodate cables for a minimum of two (2) Cable Systems.

D. Grantor may require that any new Grantee be responsible for its own underground trenching and the costs associated therewith, if, in Grantor’s reasonable opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables.

E. Any additional Franchise granted by the City to provide Cable Service in a part of the City in which a Franchise has already been granted and where an existing Grantee is providing Cable Service shall require the new Grantee to provide service throughout its Service Area within a reasonable time and in a sequence which does not discriminate against lower income residents as prohibited by Applicable Laws.

Subd. 15. Franchise Applications. Any Person desiring an initial Franchise for a Cable Television System shall file an application with the City. A reasonable application fee in an amount established by the City shall accompany the initial application for the reasonable and necessary costs of the process of awarding the Franchise. Such application fee shall not be deemed to be “franchise fees” within the meaning of Section 622 of the Cable Act (47 U.S.C. 542), and such payments shall not be deemed to be (i) “payments in kind” or any involuntary payments chargeable against the Franchise Fees to be paid to the City by Grantee pursuant to Section 1.20 hereof and applicable provisions of a Franchise Agreement, or (ii) part of the Franchise Fees to be paid to the City by Grantee pursuant to Section 1.20 hereof and applicable provisions of a Franchise Agreement.

An application for an initial Franchise for a Cable Television System shall be in a form reasonably acceptable to Grantor and shall contain the required information pursuant to Minnesota Statutes Section 238.081.

Subd. 16. Consideration of Initial Applications.

A. Upon receipt of any application for an initial Franchise, the City Administrator shall prepare a report and make written recommendations respecting such application to the City Council.

B. A public hearing shall be set prior to any initial Franchise grant, at a time and date approved by the Council. The Council shall make a decision based upon the evidence received at the hearing as to whether or not the Franchise(s) should be granted, and, if granted subject to what conditions. The Council may grant one (1) or more initial Franchises, or may decline to grant any Franchise in accordance with Applicable Laws.

Subd. 17. Franchise Renewal. Franchise renewals shall be in accordance with Applicable Laws. Grantor and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. To the extent consistent with Applicable Laws, a reasonable non-refundable renewal application fee in an amount established by the City may be required to accompany any renewal application to the extent consistent with Applicable Laws.

Subd. 18. Consumer Protection and Service Standards. Grantee shall, at a minimum, comply with the following consumer protection standards under Normal Operating Conditions:

A. Cable System office hours and telephone availability:

1. Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers 24 hours a day, seven (7) days a week.

(i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours.

(ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day.

2. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less then ninety (90%) percent of the time under Normal Operating Conditions, measured on a quarterly basis.

3. The Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards, unless an historical record of complaints indicates a clear failure to comply.

4. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time.

5. Grantee shall maintain a local office in the greater St. Cloud area that is managed by a local employee and that is staffed during Normal Business Hours in order to provide customer services including bill payment, equipment pick-up and drop off, service addition and disconnection, and other similar services.

B. Installations, outages and service calls. Under Normal Operating Conditions, each of the following four standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis:

1. Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to 125 feet from the existing distribution system.

2. Excluding conditions beyond the control of Grantee, Grantee will begin working on "service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem.

3. The “appointment window” alternatives for Installations, service calls, and other Installation activities will be either a specific time or, at maximum, a four-hour time block during Normal Business Hours. (The Grantee may schedule service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.)

4. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

5. If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.

C. Communications between Grantee and Subscribers:

1. Notifications to Subscribers:

(i) The Grantee shall provide written information on each of the following areas at the time of Installation of service at least annually to all Subscribers, and at any time upon request:

(a) Products and services offered;

(b) Prices and options for programming services and conditions of subscription to programming and other services;

(c) Installation and service maintenance policies;

(d) Instructions on how to use the Cable Service;

(e) Channel positions of the programming carried on the System; and

(f) Billing and complaint procedures, including the address and telephone number of the Grantor’s cable office.

(ii) Customers will be notified of any changes in rates, programming services or Channel positions as soon as possible through announcements on the Cable System and in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by Section 1.18(c)(1)(i). A Grantee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, Franchise Fee, or any other fee, tax. assessment, or charge of any kind imposed by any Governmental Authority on the transaction between the Grantee and the Subscriber.

2. Billing:

(i) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(ii) In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days.

3. Refunds: Refund checks will be issued promptly, but no later than either:

(i) The customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or

(ii) The return of the equipment supplied by the Grantee if service is terminated.

4. Credits: Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.

Subd. 19. Rate Regulation. The City reserves the right to regulate rates for Cable Service offered over the Cable System, to the extent not prohibited by Applicable Laws. The Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time to time. The City shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time to time.

Subd. 20. Franchise Fee.

A. Following the issuance and acceptance of a Franchise, the Grantee shall pay to the Grantor a Franchise Fee in the amount set forth in the Franchise Agreement. Nothing herein shall be construed to prohibit a Grantee from itemization of the Franchise Fee on Subscriber bills consistent with 47 U.S.C. 542(c) and 47 C.F.R. 76.985.

B. The Grantor, on an annual basis, shall be furnished a statement within sixty (60) days of the close of the calendar year, certified by an officer of the Grantee reflecting the total amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. Upon ten (10) days prior written notice, Grantor shall have the right to conduct an independent audit of Grantee’s records. If such audit indicates a Franchise Fee underpayment of five percent (5%) or more, the Grantee shall assume all reasonable costs of such an audit and shall remit to Grantor all applicable Franchise Fees due and payable together with interest thereon at the lesser of the maximum rate permitted by Applicable Laws or 18% per annum.

C. Except as otherwise provided by law, no acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for further or additional sums payable as a Franchise Fee under this Ordinance or any Franchise Agreement or for the performance of any other obligation of the Grantee.

D. In the event that any Franchise Fee payment or recomputed amount is not made on or before the dates specified in the Franchise Agreement, Grantee shall pay as additional compensation an interest charge, computed from such due date, at an annual rate equal to the lesser of the maximum rate permitted by Applicable Laws or 18% per annum during the period for which payment was due.

E. Franchise Fee payments shall be made in accordance with the schedule indicated in the Franchise Agreement.

Subd. 21. Design and Construction Requirements.

A. Grantee shall not construct any Cable System facilities until Grantee has secured the necessary permits from Grantor, or other applicable Governmental Authorities.

B. In those areas of the City where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground.

C. In those areas of the City where Grantee’s cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then within a reasonable period of time the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground, at Grantee’s cost. Certain of Grantee’s equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in above-ground closures, however, the City specifically reserves all of its rights to approve above-ground or underground locations for pedestals subject to Applicable Laws.

D. Construction Codes and Permits.

1. Grantee shall obtain all necessary permits from City before commencing any construction, upgrade or extension of the System, including the opening or disturbance of any Street, or private or public property within City. Grantee shall adhere to all state and local laws and building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property.

2. Upon at least one (1) days written notice to a Grantee, the City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law in such a manner so as to minimize disruption of Service to Subscribers.

E. Repair of Streets and Property. Any and all Streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to a condition as good as that prevailing prior to Grantee's work, as approved by City in the case of Streets and other public property. If Grantee shall fail to promptly perform the restoration required herein after written notice and an opportunity to cure, City shall have the right to put the Streets, public, or private property back into a condition as good as that prevailing prior to Grantee’s work. City reserves its rights to pursue reimbursement for such restoration from Grantee.

F. Conditions on Street Use.

1. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.

2. All System transmission and distribution structures, lines and equipment erected by the Grantee within City shall be located so as not to unreasonably obstruct or unnecessarily interfere with the usual and customary use of Streets, alleys and other public ways and places, and to cause minimum interference with the rights of property owners who abut any of the said Streets, alleys and other public ways and places, and not to unreasonably interfere with existing public utility installations. The Grantee shall furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities and Grantee shall file with City updates of such maps, plats and permanent records annually if changes have been made in the System.

3. If at any time during the period of this Franchise City shall elect to alter, or change the grade or location of any Street, alley or other public way, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the Street, Grantee shall be likewise reimbursed.

4. The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will unreasonably interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Street shall be so placed as to comply with all requirements of City.

5. The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary changes.

Subd. 22. Technical Standards.

A. The Grantee shall construct, install, operate and maintain its System in a manner consistent with all Applicable Laws and the Federal Communications Commission technical standards, and any standards set forth in its Franchise Agreement. In addition, the Grantee shall provide to the Grantor, upon request, a written report of the results of the Grantee’s periodic proof of performance tests conducted pursuant to Federal Communications Commission standards and guidelines.

B. Grantee shall at all times fully comply with the provisions of the Federal Communications Commission technical standards at Section 76, Subpart K of the Code of Federal regulations.

C. All Installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code, as amended, and as may from time to time be amended. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other Applicable Laws.

D. Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other Applicable Laws.

E. All of Grantee’s plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or unreasonably interfere with improvements the City may reasonably deem appropriate to make or to unreasonably interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.

F. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.

Subd. 23. Trimming of Trees. Grantee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Streets and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee. City representatives shall have authority to supervise and approve all trimming of trees conducted by Grantee, except in cases of emergency where advance notification by Grantee may not be possible.

Subd. 24. Use of Grantee Facilities. The City shall have the right to install or maintain any wires and fixtures desired by the City upon the poles and within the underground pipes and conduits of Grantee. If the City desires to utilize Grantee’s facilities, the City and Grantee shall enter into a mutually acceptable separate agreement for the provision thereof. Any such agreement shall contain rates, terms, and conditions that are no more favorable nor less burdensome than the rates, terms, and conditions made available by Grantee to any other Person. The Grantee may deny use of its facilities if the City’s proposed installation or maintenance is not technically feasible, exceeds available space, or otherwise interferes with the existing or future operations of Grantee.

Subd. 25. Programming Decisions. All programming decisions shall be at the sole discretion of Grantee; provided, however, that any change in the mix, quality or level of service pursuant to 47 U.S.C. §545(a) shall require the prior approval of the City. Such approval by the City shall be made within 120 days after receipt of such request and shall not be unreasonably withheld.

Subd. 26. Indemnification. Grantee shall indemnify, defend and hold the City, its officers, boards, commissions, agents and employees (collectively the “Indemnified Parties”) harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys’ fees) and costs that any of the Indemnified Parties acting within the performance of the official duties of the position and not resulting from malfeasance in office, willful neglect of duty or bad faith, may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a Franchise to Grantee, the operation of Grantee’s System and/or the acts and/or omissions of Grantee or its agents or employees, whether or not pursuant to the Franchise. This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, antitrust, errors and omissions, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent, or any other right of any Person by a Grantee, but shall exclude any claim or action arising out of the acts or omissions of the Indemnified Parties or related to any City programming or other access programming for which the Grantee is not legally responsible.

An Indemnified Party shall promptly submit a written request to Grantee of any claim or legal proceeding which gives rise to Grantee's indemnification obligations under this Section. An Indemnified Party shall be offered the opportunity to participate in the defense, compromise, settlement or other resolution or disposition of any claim or proceeding. The Indemnified Party shall fully cooperate with Grantee regarding any such matter.

Subd. 27. Insurance.

A. Within sixty (60) days following the grant of a Franchise, the Grantee shall obtain, pay all premiums for and make available to the City at its request copies of a general comprehensive liability insurance policy insuring, indemnifying, defending and saving harmless the Indemnified Parties from any and all claims by any Person whatsoever on account of injury to or death of a Person or Persons occasioned by the operations of the Grantee under any Franchise granted hereunder, or alleged to have been so caused or occurred with a minimum coverage equal to the statutory requirements of Minnesota Statutes Chapter 466.

B. All insurance policies called for herein shall be in a form satisfactory to the City with a company authorized to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A,” and shall require thirty (30) days written notice of any cancellation to both the City and the Grantee. The Grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.

C. If Grantee sells or transfers the Cable System, or in the event of expiration, termination or revocation of a Franchise, insurance tail coverage shall be purchased and filed with the City for the then applicable amounts, providing coverage for the time periods according to applicable statutes of limitation, insurance for any issues attributable to the period Grantee held its Franchise.

D. It shall be the obligation of Grantee to promptly notify the City of any pending or threatened litigation that would be likely to adversely affect the Indemnified Parties.

Subd. 28. Records Required and Grantor’s Right to Inspect.

A. Grantee shall at all times maintain and upon request provide to City:

1. A full and complete set of plans, records and "as-built” maps showing the location of the Cable Television System installed or in use in the City, exclusive of Subscriber service drops and equipment provided in Subscribers’ homes. To the extent technically feasible, Grantee shall also make records and maps available to City in electronic format compatible with the City’s computer system.

2. If requested by Grantor, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the Grantor within thirty (30) days following its request in a form reasonably acceptable to the Grantor.

B. Upon reasonable notice, and during Normal Business Hours, Grantee shall permit examination by any duly authorized representative of the Grantor, of all Cable System property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the City, and all records relating to the Franchise, provided they are necessary to enable the Grantor to carry out its regulatory responsibilities under Applicable Laws, this Ordinance and the Franchise Agreement. Grantee shall have the right to be present at any such examination.

C. The City shall also have the right to inspect, upon twenty-four (24) hours written notice, at any time during Normal Business Hours at Grantee’s office, all books, records, maps, plans, financial statements, service complaint logs, performance test results, and records of request for service of Grantee. To the extent not inconsistent with Applicable Laws, Grantee shall have the right to withhold confidential, proprietary, trade secret and privileged information. Grantor shall provide any Grantee with reasonable advance notice of any request by a third party for disclosure of information designated by that Grantee as confidential, proprietary, trade secret or privileged.

D. Copies of all petitions, applications, communications and reports submitted by Grantee or on behalf of or relating to Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Governmental Authority having jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Ordinance and any Franchise shall be submitted upon request to the City. Copies of responses from the Governmental Authority to Grantee shall likewise be furnished upon request to the City.

Subd. 29. Annual Reports.

A. Grantee shall, within ninety (90) days of each calendar year end, submit a written end of the year report to Grantor with respect to the preceding calendar year containing the following information:

1. A Summary of the previous year’s (or in the case of the initial reporting year, the initial year’s) activities in development of the Cable System, including but not limited to Cable Services commenced or discontinued during the reporting year;

2. A list of Grantee’s officers, members of its board of directors, and other principals of Grantee; and

3. A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Grantee.

B. All reports required under this Ordinance, except those required by law to be kept confidential, shall be available for public inspection in the Grantee’s offices during Normal Business Hours.

C. All reports and records required under this Ordinance shall be furnished at the sole expense of Grantee, except as otherwise provided in this Ordinance or the Franchise agreement.

Subd. 30. Franchise Violation. In the event Grantor believes that Grantee has breached or substantially violated any material provision of this Ordinance or a Franchise granted hereunder, or practices fraud or deceit upon the Grantor, Grantor may act in accordance with the following procedures:

Grantor may notify Grantee of the alleged violation or breach and demand that Grantee cure the same within a reasonable time, which shall not be less than ten (10) days in the case of an alleged failure of the Grantee to pay any sum or other amount due the Grantor under this Ordinance or the Grantee’s Franchise and thirty (30) days in all other cases. If Grantee fails either to cure the alleged violation or breach within the time prescribed or to commence correction of the violation or breach within the time prescribed and thereafter diligently pursue correction of such alleged violation or breach, the Grantor shall then give written notice of not less than fourteen (14) days of a public hearing to be held before the Council. Said notice shall specify the violations or breaches alleged to have occurred. At the public hearing, the Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event the Council finds that a material violation or substantial breach exists and that Grantee has not cured the same in a satisfactory manner or has not diligently commenced to cure of such violation or breach after notice thereof from Grantor and is not diligently proceeding to fully cure such violation or breach, the Council may revoke and terminate the Franchise or impose any other remedy permitted by the Franchise Agreement or Applicable Laws. Grantee may appeal on such action to any court and/or regulatory agency of competent jurisdiction and the Franchise shall remain in full force and effect during the pendency of any such appeal.

Subd. 31. Force Majeure; Grantee’s Inability to Perform. In the event Grantee’s performance of any of the terms, conditions or obligations required by this Ordinance or a Franchise granted hereunder is prevented by a cause or event not within Grantee’s reasonable control, such inability to perform shall be deemed excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this Section, causes or events not within the reasonable control of Grantee shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, failure or loss of utilities, inability to obtain equipment or supplies from vendors, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides and fires.

Subd. 32. Abandonment or Removal of Franchise Property.

A. A Grantee shall not abandon any portion of its Cable System without giving at least three (3) months prior written notice to Grantor. A Grantee shall not abandon any portion of the Cable System without compensating Grantor for any damages resulting to the City from the abandonment.

B. Grantor, upon such terms as Grantor may reasonably impose, may give Grantee permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Ordinance, the Grantee shall remove all abandoned facilities and equipment upon receipt of written notice from Grantor and shall restore any affected street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation made by or on behalf of Grantee and shall leave all Streets and other public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. Grantor shall have the right to inspect and approve the condition of the Streets, public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Ordinance and any security fund provided for in the Franchise Agreement shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this Section.

C. Upon abandonment of any Franchise property in place, the Grantee, if required by the Grantor, shall submit to Grantor a bill of sale and/or other an instrument, reasonably satisfactory in form and content to the Grantor, transferring to the Grantor the ownership of the Cable System property abandoned.

D. At the expiration of the term for which the Franchise is granted, or upon its earlier revocation or termination, as provided for herein and/or in the Franchise Agreement, in any such case without renewal, extension or transfer, the Grantor shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the Cable Television System from all Streets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days, except to the extent Grantee is authorized or utilizing the System pursuant to other Applicable Laws.

E. Notwithstanding anything to the contrary set forth in this Ordinance, the Grantee may, with the consent of the Grantor, abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable Grantee.

Subd. 33. Extended Operation And Continuity Of Services. Upon the expiration, revocation or termination of the Franchise, Grantee may continue to operate the Cable Television System for a period of time not to exceed six (6) months from the date of such expiration, revocation or termination under the terms and conditions of this Ordinance and the Franchise and to provide the regular Subscriber service and any and all of the services that may be provided at that time.

Subd. 34. Receivership and Foreclosure.

A. A Franchise granted hereunder shall, at the option of Grantor, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Ordinance and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under the Franchise and/or this Ordinance or provided a plan for the remedy of such defaults and violations which is satisfactory to the Grantor; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise and this Ordinance.

B. In the case of a foreclosure or other judicial sale of the Franchise property, or any material part thereof, Grantor may give notice of termination of any Franchise granted pursuant to this Ordinance upon Grantee and the successful bidder at such sale, in which the event the Franchise granted and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after such notice has been given, unless (1) Grantor shall have approved the transfer of the Franchise in accordance with the provisions of the Franchise and this Ordinance; and (2) such successful bidder shall have covenanted and agreed with Grantor to assume and be bound by all terms and conditions of the Franchise.

Subd. 35. Rights Reserved To Grantor.

A. In addition to any rights specifically reserved to the Grantor by this Ordinance, the Grantor reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the Franchise.

B. The Grantor shall have the right to waive any provision of the Franchise, except those required by Applicable Laws, if the Grantor, in its reasonable opinion, determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Grantee or the Subscribers. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the Franchise unless the statement so recites.

Subd. 36. Rights of Individuals.

A. Grantee shall not deny Cable Service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. Grantee shall comply at all times with all other Applicable Laws, relating to nondiscrimination.

B. Grantee shall adhere to the applicable equal employment opportunity requirements of Applicable Laws, as now written or as amended from time to time.

C. Neither Grantee, nor any Person, agency, or entity shall, without the Subscriber’s consent, tap or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.

D. In the conduct of providing its Cable Services, Grantee shall take reasonable steps to prevent the invasion of a Subscriber’s or general citizen’s right of privacy or other personal rights through the use of the System as such rights are delineated or defined by Applicable Laws. Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the System’s interactive two-way equipment or capability for unauthorized personal surveillance of any Subscriber or general citizen.

E. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year which is renewal at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew the authorization. The authorization is revocable at any time by the Subscriber without penalty of any kind. The permission must be required for each type or classification or Class IV Channel cable communications activity planned.

1. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to the lists of the names and addresses of the Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any Person other than to Grantee and its employees for internal business use, or to the Subscriber who is the subject of that information, unless the Grantee has received specific written authorization from the Subscriber to make the data available.

2. Written permission from the Subscriber must not be required for the systems conducting system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to paragraph 1 above.

Subd. 37. Severability. If any provision of this Ordinance is held by any Governmental Authority of competent jurisdiction, to be invalid or unenforceable as conflicting with any Applicable Laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Laws, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Laws are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantor and Grantee, provided that Grantor shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision.

SECTION 3.11 THRU 3.19 RESERVED FOR FUTURE USE

SECTION 3.20 NORTHERN STATES POWER COMPANY GAS FRANCHISE

Section 1. Definitions.

For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:

1.1 City. The City of Sauk Rapids, County of Benton, State of Minnesota.

1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy.

1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.

1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns.

1.5 Gas. “Gas” as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy.

1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use.

1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 8^th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, Ross Olson, Sauk Rapids Government Center, 250 Summit Avenue North, Sauk Rapids, Minnesota 56379. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party.

1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public and is not a Public Way.

1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City as defined by Minnesota Statute Section 237.162, subd. 3.

SECTION 1. The City of Sauk Rapids Municipal Code is hereby amended to include reference to the following Special Ordinance.

Subd. 1. Purpose. The Sauk Rapids City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Sauk Rapids.

(a) Pursuant to Section 3.20 of the Sauk Rapids City Code, a Franchise Agreement between the City of Sauk Rapids and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A:

Franchise Fee Rates: Schedule A

Gas Utility

The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City:

Class Amount per month

Residential $4.25

Commercial Firm Non-Demand $20.00

Commercial Firm Demand $20.00

Small Interruptible $20.00

Medium and Large Interruptible $20.00

Firm Transportation $20.00

Interruptible Transportation $20.00

Franchise fees are submitted to the City on a quarterly basis as follows:

January – March collections due by April 30.

April – June collections due by July 31.

July – September collections due by October 31.

October – December collections due by January 31.

Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern

States Power Company, a Minnesota Corporation, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM January, 2024 billing month.

This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control.

Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance

with the terms set forth in Section 9 of the Franchise.

Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee.

Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding

this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.

Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided in above.

Passed and approved: October 9, 2023.

Section 2. adoption of Franchise.

2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date passed and approved by the City, the right to transmit and furnish Gas energy for public utilities, including light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit and to the further provisions of this franchise agreement (the “Franchise Agreement” or “Franchise”).

2.2 Effective Date; Written Acceptance. This Franchise Agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this Franchise Agreement, seek its enforcement in Benton County District Court, or pursue other remedies in law or in equity if Company does not file a written acceptance with the City within 90 days after publication.

2.3 Service and Rates. The service to be provided and the rates to be charged by Company

for Gas service in City are subject to the jurisdiction of the Commission.

2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. Company shall reimburse the City within a reasonable period of time after receiving the invoice for the expense of publication from the City.

2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall send Notice to the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in Benton County District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity, or either party may take any other action permitted by law.

2.6 Continuation of Franchise. If the City and Company are unable to agree to the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or Company serves Notice to the other party of its intention to allow the franchise to expires. However, in no event shall this Franchise continue for more than one (1) year after the expiration of the twenty (20) year term set forth in Section 2.1

Section 3. Location, Other Regulations.

3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities shall be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance, location, and relocation of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with the authority granted to the City to manage its Public Ways and Public Ground under state law and it the extent not inconsistent with a specific term of this Franchise Agreement. Company may abandon underground gas facilities in place, provided, at City’s request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City’s improvement project. If the City desires to remove abandoned metal pipe not directly interfering with a project, the Company and City will meet to confer about whether and how the abandoned metal pipe can be removed.

3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D and Minnesota Rules, parts 7819.4000 and 7819.4100.

3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without a permit from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such an emergency event, Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees.

3.4 Restoration. After undertaking any work requiring the opening of any Public Ground, Public Way, or any other property, Company shall restore the same, including, but not limited to, paving, and its foundation, and turf to as good a condition as formerly existed, and shall maintain any paved or turfed surface in good condition for one year thereafter. The work shall be completed within thirty (30) days of the work requiring the opening of Public Ground or Public Way being completed, if possible, or as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition within a reasonable amount of time, the City shall have, after demand to Company to cure, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City withing thirty (30) days of receiving the invoice. Cost of work can include, but is not limited to, labor and materials to complete the restoration. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way.

3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity.

3.6 Notice of Improvements. The City must give Company reasonable Notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company in a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities.

Section 4. Relocations.

4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or proposes to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement.

4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground.

4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights.

4.4 No Waiver. The provisions of this Franchise Agreement apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company’s rights under state or county permit.

Section 5. Tree Trimming.

Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability arising from Company’s trimming of trees and shrubs on the Public Grounds and Public Ways.

Section 6. Indemnification AND INSURANCE.

6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company’s determination.

6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise Agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitation on liability under Minnesota Statutes Chapter 466.

6.3 Insurance. Company is required to maintain Commercial General Liability Insurance on an occurrence basis protecting it from claims for damages for bodily injury, including death, and for claims for property damage, which may arise from operations under this Ordinance. Insurance minimum limits are as follows:

· $2,000,000 – per occurrence

· $4,000,000 – annual aggregate

The City must be endorsed as an Additional Insured.

The Company shall have the option of providing a program of self-insurance to meet its obligation under this Ordinance with the City’s consent. The City’s consent shall not be unreasonably withheld. In such event, the Company shall submit to the city a Certificate of Self-Insurance or other documents showing proof of its financial responsibility.

Section 7. Vacation of Public Ways.

The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. The party who requested the relocation shall be responsible for any loss and expense incurred by the Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right‑of‑way under Minnesota Statutes, Section 160.29.

Section 8. Change In Form of Government.

Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance.

SECTION 9. FRANCHISE FEE.

9.1 Fee Schedule. During the term of the Franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the Franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts:

Customer Class	Rate
Residential	$4.25
Commercial Firm – Non-Demand	$20.00
Commercial Firm – Demand	$20.00
Small Interruptible	$20.00
Medium & Large Interruptible	$20.00
Firm Transportation	$20.00
Interruptible Transportation	$20.00

9.2 Separate Ordinance. The Franchise fee shall be imposed by a separate ordinance duly

adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser Franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class.

9.3 Collection of the Fee. The Franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated Franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The Franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers.

9.4 Terms Defined.

9.4.1 “Customer Class” shall refer to classes listed in the Fee Schedule and as defined or determined in Company’s gas rate book on file with the Commission.

9.4.2 “Fee Schedule” refers to the Schedule in Section 9.1 setting forth the various customer classes from which a Franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this Franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this Franchise agreement.

9.4.3 “Therm” shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission.

9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of gas utility within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent.

Section 10. provisions of ordinance.

10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.

10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this Franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

Section 11. Amendment PROCEDURE.

Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern. Each party agrees to meet within thirty (30) days of receiving notice of the proposed amendment to discuss the possible amendment to the Franchise Agreement. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. This amendatory procedure is subject, however, to the City’s police power and Franchise rights under Minnesota Statutes Sections 216B.36 and 301B.01, which rights are not waived hereby.

Section 12. PREVIOUS FRANCHISES SUPERSEDED.

This Franchise supersedes any previous Gas franchise granted to Company or its predecessor.

SECTION 3.21 THRU 3.29 RESERVED FOR FUTURE USE

SECTION 3.30 NORTHERN STATES POWER COMPANY ELECTRICAL FRANCHISE

Section 1. Definitions.

For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:

1.1 City. The City of Sauk Rapids, County of Benton, State of Minnesota.

1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy.

1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.

1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns.

1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guylines, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use.

1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 8^th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, Ross Olson, Sauk Rapids Government Center, 250 Summit Avenue North, Sauk Rapids, Minnesota 56379. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party.

1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public and is not a Public Way.

1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City, as defined by Minnesota Statute Section 237.162, Subd. 3.

SECTION 1. The City of Sauk Rapids Municipal Code is hereby amended to include reference to the following Special Ordinance.

(a) Pursuant to Section 3.30 of the Sauk Rapids City Code, a Franchise Agreement between the City of Sauk Rapids and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A.

Franchise Fee Rates: Schedule A

Electric Utility

The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City:

The electric fee is 4.5% of gross revenues from a customer up to $75,000.00 then after which 1.5% of revenues in excess of $75,000.00 is collected from customers.

Class Amount per month

Residential 4.5%

Small C & I – Non-Demand 4.5%

Small C & I – Demand 4.5%

Large C & I 4.5%

Public Street Lighting 0%

Municipal Pumping – Non-Demand 4.5%

Municipal Pumping – Demand 4.5%

Franchise fees are submitted to the City on a quarterly basis as follows:

January – March collections due by April 30.

April – June collections due by July 31.

July – September collections due by October 31.

October – December collections due by January 31.

Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern

States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM January, 2024 billing month.

This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control.

Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance

with the terms set forth in Section 9 of the Franchise.

Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding

this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.

Passed and approved: October 9, 2023.

Section 2. adoption of Franchise.

2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit and to the further provisions of this franchise agreement (the “Franchise Agreement” or “Franchise”).

2.2 Effective Date; Written Acceptance. This Franchise Agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this Franchise Agreement if Company does not file a written acceptance with the City within 90 days after publication.

2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.37-40.

2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall send Notice to the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in Benton County District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity, or either party may take any other action permitted by law.

2.6 Continuation of Franchise. If the City and Company are unable to agree on the terms of a new Franchise by the time this Franchise expires, this Franchise will remain in effect until a new Franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow the Franchise to expire.

Section 3. Location, Other Regulations.

3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location, and relocation of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with the authority granted to the City to manage its Public Ways and Public Ground under state law and to the extent not inconsistent with a specific term of this Franchise. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project.

3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D and Minnesota Rules, parts 7819.4000 and 7819.4100.

3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without a permit from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such an emergency event, Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees.

3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including but not limited to paving, its foundation and turf, to as good a condition as formerly existed, and shall maintain any paved or turf surface in good condition for one year thereafter. The work shall be completed within thirty (30) days of the work requiring the opening of any Public Ground or Public Way being completed. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition within thirty (30) days, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City within thirty (30) days of receiving the invoice. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way.

3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity.

3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company with a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities.

3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City.

Section 4. Relocations.

4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement.

4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground.

4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights.

4.4 No Waiver. The provisions of this Franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit.

Section 5. Tree Trimming.

Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising from Company’s trimming of trees and shrubs on the Public Grounds and Public Ways.

Section 6. Indemnification AND INSURANCE.

6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination.

6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitation on liability under Minnesota Statutes, Chapter 466.

· $2,000,000 – per occurrence

· $4,000,000 – annual aggregate

The City must be endorsed as an Additional Insured.

Section 7. Vacation of Public Ways.

The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right‑of‑way under Minnesota Statutes, Section 160.29.

SECTION 8. ABANDONED FACILITIES.

Company shall comply with City ordinances, Minnesota Statutes, Sections 216D.01 et seq. and Minnesota Rules, part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City’s request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities.

Section 9. Change In Form of Government.

Section 10. Franchise Fee.

10.1 Fee Schedule. During the term of the Franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the Franchise fee collected by the Company and paid to the City in accordance with this Section 10 shall not exceed the following amounts.

The electric Franchise fee is 4.5% of gross revenues from a customer up to $75,000.00 then after which 1.5% of revenues in excess of $75,000.00 is collected from customers.

Class Electric Rate

Residential 4.5%

Small C & I – Non-Demand 4.5%

Small C & I – Demand 4.5%

Large C & I 4.5%

Public Street Ltg 0%

Municipal Pumping –Non-Demand 4.5%

Municipal Pumping – Demand 4.5%

10.2 Separate Ordinance. The Franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written Notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written Notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser Franchise fee on the residential class of customers than the maximum amount set forth in Section 10.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class.

10.3 Terms Defined. For the purpose of this Section 10, the following definitions apply:

10.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission.

10.3.2 “Fee Schedule” refers to the schedule in Section 10.1 setting forth the various customer classes from which a Franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this Franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this Franchise agreement.

10.4 Collection of the Fee. The Franchise fee shall be payable quarterly and shall be based

on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated Franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The Franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the Franchise fee is subject to the approval of the Commission. No Franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the Franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers.

10.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes, and the City monthly or more often collects a fee or tax of the same or greater equivalent amount, on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 10.5, the foregoing conditions will be waived to the extent of such written consent.

Section 11. provisions of ordinance.

11.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.

11.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this Franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

Section 12. Amendment PROCEDURE.

Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. Each party agrees to meet with the other party, within thirty (30) days of receiving notice of the proposed amendment to discuss the possible amendment to the Franchise. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance.

Section 13. PREVIOUS FRANCHISES SUPERSEDED.

This Franchise supersedes any previous electric franchise granted to Company or its predecessor.

SECTION 3.31 THRU 3.49 RESERVED FOR FUTURE USE

SECTION 3.40 EAST CENTRAL ENERGY ELECTRIC FRANCHISE

Section 1. Definitions.

For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:

1.1 City. The City of Sauk Rapids, County of Benton, State of Minnesota.

1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy.

1.3 Cooperative. East Central Energy, a Minnesota cooperative corporation, its successors and assigns.

1.4 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Cooperative for the purpose of providing electric energy for public use.

1.5 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Cooperative shall be mailed to the Chief Executive Officer, East Central Energy, 412 Main Ave N, PO Box 39, Braham, Minnesota 55006-0039. Notice to the City shall be mailed to the City Administrator, 250 Summit Avenue North, Sauk Rapids, MN 56379. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party.

1.6 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public.

1.7 Public Way. Any street, alley, walkway or other public right-of-way within the City.

Section 2. adoption of Franchise.

2.1 Grant of Franchise. City and Cooperative have maintained an existing franchise as articulated in Ordinance No. 604 and look to modify the terms of said franchise and enact a new franchise under this Ordinance. City hereby grants Cooperative, for a period of 10 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Cooperative may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Cooperative may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. After 10 years, this agreement shall continue on a year to year basis until the City or Cooperative issues a written notice of termination to the other or the City and Cooperative approve another franchise agreement.

2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Cooperative, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Cooperative does not file a written acceptance with the City within 90 days after publication.

2.3 Service and Rates. The service to be provided and the rates to be charged by Cooperative for electric service in City are established by Cooperative’s Board of Directors. The area within the City in which Cooperative may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40.

2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Cooperative.

2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law.

Section 3. Location, Other Regulations.

3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System Electric. Cooperative’s construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Cooperative may abandon underground Electric Facilities in place, provided at the City’s request, Cooperative will remove such underground Electric Facilities which interfere with a City improvement project, but only to the extent such Electric Facilities are uncovered by excavation as part of the City improvement project, and restore the Public Way in accordance with Minnesota Rule 7819.1100.

3.2 Field Locations. Cooperative shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.

3.3 Street Openings. Cooperative shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Cooperative shall not be more burdensome than those imposed on other utilities for similar facilities or work. Cooperative may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Cooperative shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Cooperative shall obtain any required permits and pay any required fees.

3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Cooperative shall restore the same in accordance with Minnesota Rule 7819.1100, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits. City hereby waives any requirement for Cooperative to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way.

3.6 Notice of Improvements. No less than four weeks prior to implementation, the City must give Cooperative reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Cooperative within a sufficient length of time in advance of the actual commencement of the work to permit Cooperative to make any necessary additions, alterations or repairs to its Electric Facilities.

3.7 Shared Use of Poles. Cooperative may have space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Cooperative whenever such use will not interfere with the use of such poles or towers by Cooperative, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Cooperative because of such use by City.

Section 4. Relocations.

4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Cooperative to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Cooperative shall relocate its Electric Facilities at its own expense. The City shall give Cooperative reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Cooperative expense, the City shall reimburse Cooperative for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Cooperative may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Cooperative to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement.

4.2 Relocation of Electric Facilities in Public Ground. City, or its Housing and Redevelopment Authority (“HRA”), may require Cooperative, at Cooperative’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City or HRA that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground.

4.3 Projects with Federal Funding. City, or its HRA, shall not order Cooperative to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Cooperative. The City is obligated to pay Cooperative only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Cooperative, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Cooperative Electric Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Cooperative are valuable rights.

4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Cooperative for installations within a Cooperative right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Cooperative's rights under state or county permit.

Section 5. Tree Trimming.

Cooperative may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Cooperative finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Cooperative shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City.

Section 6. Indemnification.

6.1 Indemnity of City. Cooperative shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Cooperative's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Cooperative, and such performance is nevertheless ordered or directed by City after notice of Cooperative's determination.

6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Cooperative at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Cooperative within a period wherein Cooperative is not prejudiced by lack of such notice. If Cooperative is required to indemnify and defend, it will thereafter have control of such litigation, but Cooperative may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Cooperative, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf.

Section 7. Vacation of Public Ways.

The City shall give Cooperative at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City or HRA improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Cooperative of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Cooperative. In no case, however, shall City be liable to Cooperative for failure to specifically preserve a right‑of‑way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules, Part 7819.3200, if City’s order directing vacation of the Public Way does not require relocation of Cooperative’s Electric Facilities, the vacation proceeding shall not be deemed to deprive Cooperative of its right to continue to use the right-of-way of the former Public Way for its Electric Facilities installed prior to such order of vacation.

Section 8. Change In Form of Government.

Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Cooperative, succeed to all of the rights and obligations of the City provided in this Ordinance.

Section 9. Franchise Fee.

9.1 Fee Schedule. City currently imposes a franchise fee articulated in Ordinance No. 604. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Cooperative, the City shall continue to impose on Cooperative a franchise fee by collecting the amounts indicated in a Fee Schedule. Any revision shall be set forth in a separate ordinance with a revised Fee Schedule from each customer in the designated Cooperative Member Class. The parties have agreed that the franchise fee collected by the Cooperative and paid to the City in accordance with this Section 9 shall not exceed 4% of the Cooperative’s Gross Revenues, as hereinafter defined, by collecting the amounts calculated on a flat fee basis.

9.2 Separate Ordinance. Any revision to the franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, and that separate ordinance shall dictate the date upon which collection of that revised franchise fee shall commence. Section 2.5 shall constitute the sole remedy for solving disputes between Cooperative and the City in regard to the interpretation of, or enforcement of, the separate ordinance

9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply:

9.3.1 “Member Class” shall refer to the classes listed on the Fee Schedule as defined or determined in Cooperative’s electric rate schedules.

9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various member classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Member Class added by Cooperative to its electric tariffs after the effective date of this franchise agreement, or may be annually amended to reflect changes in the franchise fees imposed by the City.

9.3.3 “Gross Revenue” means all sums, excluding any surcharge or similar addition to the Cooperative’s charges to members for the purpose of reimbursing the Cooperative for the cost resulting from the franchise fee, received by the Cooperative from the sale of electricity to its retail members within the corporate limits of the City.

9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Cooperative during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable member classification in all member billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any member for electric service in excess of the amounts specifically permitted by this Section 9. No franchise fee shall be payable by Cooperative if Cooperative is legally unable to first collect an amount equal to the franchise fee from its members in each applicable class of members by imposing a surcharge in Cooperative’s applicable rates for electric service. Cooperative may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectible, refunds and correction of erroneous billings. Cooperative agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable member or members or any other information regarding identified members. In addition, the Cooperative agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectible, refunds or error corrections.

9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Cooperative unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Cooperative specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent.

Section 10. provisions of ordinance.

10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Cooperative as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

Section 11. Amendment PROCEDURE.

Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Cooperative’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance.

Section 12. PREVIOUS FRANCHISES SUPERSEDED.

This franchise supersedes any previous electric franchise granted to Cooperative or its predecessor.

SECTION 3.50 SEWER USE CODE

SECTION 3.51 PURPOSE AND POLICY

This Section sets forth uniform requirements for discharges into the City's Publicly Owned Treatment Works (POTW) and enables the City of Sauk Rapids to comply with all State (Minnesota Pollution Control Agency) and federal (U.S. Environmental Protection Agency) laws.

The objectives of this Section are:

A. To prevent the introduction of pollutants into the (POTW) which will interfere with the operation of the facilities or the use or disposal of the sludge;

B. To prevent the introduction of pollutants into the POTW which will pass through the system inadequately treated into receiving waters of the State or the atmosphere or otherwise be incompatible with the system; and

C. To improve the opportunity to recycle and reclaim wastewater and sludge from the system.

The section provides for the regulation of discharges into the City's wastewater disposal system through the issuance of permits to certain users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user reporting, and provides for the setting of fees necessary to carry out the program established herein.

The section shall apply to the City of Sauk Rapids and to users of the City waste water disposal system. Except as otherwise provided herein, the City Administrator shall administer, implement and enforce the provisions of this Section.

SECTION 3.52 DEFINITIONS

Subd. 1. Unless the context specifically indicates otherwise, the following terms, as used in this Section, shall have the meanings hereinafter designated:

Subd. 2. "Act" means the Federal Water Pollution Control Act, Public Law #92-500 and the Clean Water Act, Public Law #95-217 as amended.

Subd. 3. "Carbonaceous Biochemical Oxygen Demand (CBOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter-mg/l).

Subd. 4. "Building Drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

Subd. 5. "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal.

Subd. 6. "City" means the City of Sauk Rapids or the City Council of Sauk Rapids or the Sewer Control Board or the Public Utility.

Subd. 7. "Chemical Oxygen Demand" means the quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with standard laboratory procedure as set out in the latest edition of Standard Methods of the Examination of Water and Wastewater.

Subd. 8. "Combined Sewer" means a sewer originally designed and currently designated to receive both surface water runoff and sewage.

Subd. 9 "Cooling Water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat.

Subd. 10 "Director" means the City Administrator of the POTW of this City or the person's duly authorized representative.

Subd. 11. "Domestic Waste" means wastes from residential users and from the sanitary conveniences of multiple dwellings, commercial buildings, institutions, and industrial facilities.

Subd. 12. "EPA" means the U.S. Environmental Protection Agency.

Subd. 13. "Flow" means the quantity of sewage expressed in gallons or cubic feet per twenty-four (24) hours.

Subd. 14. "Garbage" means solid wastes resulting from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage of said meat, fish, fowl, fruit, vegetables and condemned food.

Subd. 15. "General Pretreatment Regulations" means the general pretreatment regulations for existing and new sources of pollution promulgated by EPA under Section 307 (b) and (c) of the Act and found at 40 CFR Part 403.

Subd. 16. "Indirect Discharge" means the introduction of pollutants or wastes into the POTW from any nondomestic source regulated under Section 301 (b), (c) or (d) of the Act.

Subd. 17. "Industrial Discharge Permit or Permit" means a Permit issued by the City of Sauk Rapids to an Industrial User to use the City's disposal system as established herein.

Subd. 18. "Industrial Waste" means solid liquor or gaseous wastes, including cooling water (except where exempted by a NPDES permit), resulting from any industrial, manufacturing, or business process, or from the development, recovery or processing of a natural resource.

Subd. 19. "Industrial User" means a source of indirect discharge.

Subd. 20. "Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and, therefore, is a cause of a violation of any requirement of the Sauk Rapids POTW's NPDES Permit or of the prevention of sewage sludge use or disposal with statutory provisions and regulations or Permits.

Subd. 21. "MPCA" means the Minnesota Pollution Control Agency.

Subd. 22. "National Pollutant Discharge Elimination System (NPDES) Permit" means any Permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act.

Subd. 23. "Ordinance" means the set of rules contained herein governing the discharge of wastewater to the POTW.

Subd. 24. "Other Wastes" shall mean other substances except sewage and industrial wastes.

Subd. 25. "Permittee" means an Industrial User authorized to discharge industrial waste into the City's POTW pursuant to an Industrial Discharge Permit.

Subd. 26. "Person" means the Sate or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.

Subd. 27. "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

Subd. 28. "Pretreatment" means the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this Section.

Subd. 29. "Pretreatment Standards" means standards for industrial groups (categories) promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to publicly owned treatment works and must be met by all users subject to such standards.

Subd. 30. "Private Disposal Permit" means Permit required of a person other than single family dwelling to construct a private wastewater disposal system.

Subd. 31. "Public Utility" means the unit of municipal government and its people responsible for the operation of the POTW and this Section.

Subd. 32. "Publicly Owned Treatment Works (POTW)" means the treatment works as defined by Section 212 of the Act, which is owned by the municipality (as defined by Section 502(4) of the Act). This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

Subd. 33. "Rules" means the waste discharge rules for the Sauk Rapids disposal system contained herein.

Subd. 34. "Sanitary Sewer" means a sewer which carries wastewater and to which storm, surface, and groundwater are not intentionally submitted.

Subd. 35. "Sewage Sludge" means solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment plant.

Subd. 36. "Sewer" means a pipe or conduit for carrying wastewater, industrial waste, or other waste liquids.

Subd. 37. "Sewer Control Board" means a Board of at least three (3) persons who are employees or elected officials of the City and are appointed to serve on the Board by the City Council.

Subd. 38. "Sewer System" means pipelines or conduits, pumping stations, force mains, and all other devices and appliances appurtenant thereto, used for collecting or conducting wastewater.

Subd. 39. "Shall" is mandatory; "May" is permissive.

Subd. 40. "SIC" means the Standard Industrial Classification Code (1972) issued by the Executive Office of the President, Office of Management and Budget, for use in the classification of establishments by types of business and the primary and economic activity engaged.

Subd. 41. "Significant Industrial User" means all Industrial Users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other Industrial User that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater), contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8 (f) (6). If, upon finding that an Industrial User meeting the criteria of this subdivision has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in response to a petition received from an Industrial User or POTW and in accordance with 40 CFR 403.8 (f) (6) determine that such Industrial User is not a significant Industrial User.

Subd. 42. "Slug" means any waste discharge which, in concentration of any given constituent or in quantity of flow, exceeds four (4) times the average twenty-four (24) hour concentration or flow during normal operation which may by itself or in combination with other wastes cause an interference within the POTW.

Subd. 43. "State" means the State of Minnesota or its designated agency, the Minnesota Pollution Control Agency (MPCA).

Subd. 44. "Storm Water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Subd. 45. "Storm Sewer" (sometimes termed "storm drain") means a sewer which carries storm and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling or process water.

Subd. 46. "Suspended Solids (SS)" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter.

Subd. 47. "Total Toxic Organics" means the summation of all values greater than 0.01 mg/l of toxic organics listed in Section 307 (A) of the Act.

Subd. 48. "Unpolluted Water" means clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life.

Subd. 49. "User" means any person who discharges, causes, or permits the discharge of wastewater into the City's wastewater disposal system.

Subd. 50. "Waste Transport Hauler" means an Industrial User who transports industrial or domestic waste for the purpose of discharge into the City POTW.

Subd. 51. "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's wastewater disposal system.

SECTION 3.53 PRIVATE WASTEWATER DISPOSAL SYSTEM.

Subd. 1. Where a public sanitary or combined sewer is not available under the provision of Section 3.57, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Subsection.

Subd. 2. Before commencement of construction of a private disposal system, other than for a single family residence, the owner shall first obtain a written Private Disposal Permit signed by the Sewer Control Board or its authorized agent. The application for such Permit shall be made on a form furnished by the Sewer Control Board, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Sewer Control Board. A Permit and inspection fee, as established by resolution of the City Council, shall be paid at the time the application is filed.

Subd. 3. A Permit for a private wastewater disposal system, other than for a single family residence, shall not become effective until the installation is completed to the satisfaction of the Sewer Control Board. Employees of the City shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the Permit shall notify the Sewer Control Board when the work is ready for final inspection, and no underground portions shall be covered before the final inspection is completed.

Subd. 4. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all requirements of the City and the State of Minnesota. No private wastewater disposal system employing subsurface soil absorption facilities shall be constructed where the area of the lot is less than 40,000 square feet, unless the owner presents evidence to the Sewer Control Board demonstrating that special conditions exist which assure the system will meet the minimum standards of the Minnesota Individual Sewage Disposal System Code. No septic tank shall be permitted to discharge to any natural outlet.

Subd. 5. At the time a connection is made to the public sewer, any septic tanks or other private wastewater disposal facilities shall be removed or filled with suitable material approved by the Sewer Control Board.

Subd. 6. The owner shall effectively operate and continuously maintain the private wastewater disposal facilities in a sanitary, satisfactory, and effective manner at all times, at his own expense.

Subd. 7. The employees of the City may enter upon any property having a private wastewater disposal system for the purpose of inspecting such system and making such other investigations and tests as are deemed necessary. Entry shall be made during the daylight hours unless abnormal or emergency circumstances require otherwise.

Subd. 8. The provisions of this Subsection shall be in addition to any requirements established by applicable federal, state, or local laws and regulations and shall not be construed to relieve any liability or obligation imposed by such laws and regulations.

Subd. 9. Any person operating a private wastewater disposal system who wishes to discharge waste products to the Sauk Rapids POTW resulting from the treatment of domestic wastewater only shall obtain permission from the Director prior to the discharge occurring.

SECTION 3.54 BUILDING SEWERS AND CONNECTIONS.

Subd. 1. No person unless authorized shall uncover, make any connections with, or disturb any public sewer or appurtenance thereof, except in accordance with the applicable provisions of Section 3.01 Utility Excavations.

Subd. 2. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer.

Subd. 3. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided that the City shall require a written agreement between the property owners as to the share of the costs of construction and maintenance which each will contribute.

Subd. 4. Old building sewers may be used in connections with new buildings only when they are found, on examination and test by the City, to meet all requirements of this Section.

Subd. 5. The size, slope, alignment, materials of construction of a building sewer, and the method to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of Water Pollution Control Federation Manual of Practice No. 9 and applicable American Society of Testing and Materials (ASTM) standards shall apply.

Subd. 6. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer.

Subd. 7. No persons shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (See also Section 3.68 prohibiting sump pumps connecting to the sanitary sewer.)

Subd. 8. The construction of the building sewer and its connection into the public sewer shall conform to the requirements of the building and plumbing code, the sewer specifications included herein, or other applicable rules and regulations and the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9, and the American Society for Testing and Materials (ASTM). All such construction shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installations.

Subd. 9. Employees of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the Plumbing Inspector and City Engineer when the work is ready for final inspection and no underground portions shall be covered before the final inspection is completed. The connection shall be made under the supervision of the Plumbing Inspector or his/her representative.

Subd. 10. Any new connections to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to capacity for flow, CBOD and suspended solids, as determined by the Sewer Control Board.

SECTION 3.55 MAIN AND LATERAL SEWERS.

Subd. 1. No person, unless authorized, shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written Permit from the Sewer Control Board.

Subd. 2. No sanitary or storm sewers shall be constructed in the City (except house or building service sewers) except by the City or others and subject to inspection during construction by Engineers and employees of the City. No such sewers shall be considered to be a part of the public sewer system unless accepted by the City.

Subd. 3. The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the City.

SECTION 3.56 PROTECTION FROM DAMAGE.

Subd. 1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the POTW.

SECTION 3.57 USE OF PUBLIC SEWERS.

Subd. 1. It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any wastewater or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this Section.

Subd. 2. It shall be unlawful to construct or maintain any private wastewater disposal system, including without limitation, any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater on any property within the City. This prohibition shall not prevent existing legal non-conforming or non-compliant systems from being repaired, maintained or replaced where public sewer is not available to the property as provided in subdivision 6 of this ordinance.

Subd. 3. No person shall discharge or cause to be discharged directly or indirectly any storm water, surface water, groundwater, roof runoff, sub-surface drainage, unpolluted cooling or process water to any sanitary sewer unless there is no prudent and feasible alternative and unless as approved by the Sewer Control Board.

Subd. 4. Storm water and all other unpolluted water shall be discharged to a storm sewer in accordance with Section 3.69, except that unpolluted cooling or process water shall only be so discharged upon approval by the Sewer Control Board and the user may be required to obtain a NPDES Permit by the MPCA.

Subd. 5. All properties having an on-site private wastewater disposal system shall have maintenance and compliance checks as required by applicable regulations. When the owner of any property within the City is required to submit a report or other documentation regarding maintenance compliance or other condition of a private wastewater disposal system to the County, Minnesota Pollution Control Agency or other applicable agency, the property owner shall also provide a copy of the report or documentation to the City.

Subd. 6. The owner of any building or property located within the City, or in any area under the jurisdiction of the City, and in which the wastewater is produced or from which wastewater is discharged, shall be required to connect to a public sewer at his expense within one year of the availability of service within the City, except as provided in subdivision 7 of this ordinance. Service is considered “available” to a structure or property when constructed adjacent to, including any utility easement adjacent to, the property upon which the structure is located. The City will provide property owners with written notice that public sanitary sewer service is available to the property.

Subd. 7 The City Council may adopt policies by resolution or enter into agreements with property owners providing for extensions to the one-year mandatory connection requirement of subdivision 6, if the property has an existing private wastewater disposal system that is in compliance with all applicable standards and regulations. Nothing in this subdivision shall obligate the City to grant any extension to the mandatory connection requirement of subdivision 6.

Subd. 8 Annexed Properties.

A. Connections required. In addition to the provisions of subdivision 7, existing structures that are annexed into the City, from which wastewater is produced, or from which wastewater is discharged, shall connect to the City’s public sewer facilities within five years of the date of the annexation, so long as service is available to the annexed property on the date of annexation, and so long as the structure’s private wastewater disposal system is in compliance with all applicable standards and regulations at the time of annexation. For properties where sewer service is not available on the date of annexation, but is later made available to the property, structures shall connect to the City’s public sewer facilities in accordance with subdivision 6.

B. Septic Compliance Certificate. For those properties annexed into the City that have sanitary sewer service available to the property on the date of annexation, the property owner shall provide the City with a current and valid compliance certificate for the private wastewater disposal system on the property in accordance with Minnesota Rule Chs. 7080 and 7082, or their successors, within 90 days from the date of annexation. An extension of up to 90 additional days may be granted by the City’s Public Works Director as may be necessary to account for seasonal conditions. In the event the property owner fails to or is unable to provide a current compliance certificate, the existing structures on the property shall connect to the City’s public sewer facilities within one year from the date of annexation.

Subd. 9. In the event a property owner fails to provide the City with maintenance or

compliance records required by this Ordinance, the City may contract to have the

property owner’s septic system evaluated and, if necessary, pumped and cleaned,

and all costs associated thereto shall be assessed against each property as outlined

in Minn. Stat. Ch. 429.

Subd. 10. At the time a connection is made to the City’s public sewer facilities, the structure

shall also connect to the City’s public water facilities, so long as water service is

available to the property. Service is considered “available” to a structure or

property when constructed adjacent to, including within any utility easement

adjacent to, the property upon which the structure is located.

Subd. 11. Notwithstanding any other subdivision of this Ordinance or any other provision of the City Code, all new structures constructed on property within the City to which

public sewer service is available shall be required to connect to the City’s public

sewer facilities. In addition, all existing structures on property within the City to

which sewer service is available shall be required to connect to the City’s public

sewer facilities upon the development, redevelopment, change in use, sale or

subdivision, including any administrative subdivision, of the property, or in the

event that any private wastewater disposal system on the property fails an

inspection conducted in accordance with Minnesota Rules Ch. 7080 or its

successor.

Subd. 12. At the time a connection is made to the City’s public sewer facilities, any septic

tanks or other private wastewater disposal facilities shall be removed or filled in

accordance with Section 3.53 of the City Code and other applicable rules and

regulations.

Subd. 13. In the event of a violation or threatened violation of any terms of the terms of this

Ordinance, the City may take appropriate action to enforce this Ordinance,

including application for injunctive relief, action to compel performance or other

appropriate action to court if necessary to prevent, restrain, correct or abate such

violations or threatened violations. Upon motion, the court may award costs,

disbursements and reasonable attorney’s fees and witness fees, which costs and

fees can be assessed against the property. In addition, if any property fails to

connect to the City’s public sewer as required by this Ordinance, the City may

charge a monthly service charge to the property as though the property owner had

complied with the connection requirement. The rights of the City under this

subdivision shall be in addition to any other remedial or enforcement provisions

provided for by other law or ordinance.

Subd. 14. Pursuant to M.S. §429.101, Subd. 1(3), the City may provide for the collection of

unpaid special charges for all or any part of the cost of the inspection, upgrade,

repair or replacement of a failing septic system and all cost associated thereto

shall be assessed to the property in accordance with Minn. Stat. Ch. 429.

SECTION 3.58 INDUSTRIAL DISCHARGE PERMIT.

Subd. 1. Scope. Industrial Users, or other persons, discharging into the POTW shall obtain an Industrial Discharge Permit pursuant to these Rules if notified by the City.

The criteria to be utilized by the Sewer Control Board or POTW to determine if an Industrial Discharge Permit will be required include:

A. An average flow loading greater than 25,000 gallons per operating day or

B. A pollutant concentration of greater than 50% for one or more regulated pollutants (See Section 3.60 Subd. 6) at the point of discharge or

C. Has properties in the discharge for it to be constituted a prohibited discharge or

D. Has been pretreated or passed through an equalization tank before discharge or

E. A hydraulic or organic loading greater than 5% of the average dry weather capacity of the POTW treatment plant or in St. Cloud, MN

F. An industrial process regulated by EPA categorical standards or

G. Others as so designated by the POTW as defined in 40 CFR 403.12 (a).

Subd. 2. Permit Application.

A. Existing Significant Industrial User. An existing Significant Industrial User or other person who is required to obtain an Industrial Discharge Permit shall complete and file with the POTW within (3) months of notification a Permit application in a form substantially the same as that set forth in Appendix A. The appropriate Permit fee as provided by Subd. 11 of this Section 3.58 shall accompany the Permit application form at the time of application. A user shall have one year from the date of notification by the City to have obtained an Industrial Discharge Permit.

B. New Significant Industrial Users. All new Significant Industrial Users proposing to connect or to commence a new discharge to the wastewater disposal system shall apply for any, Industrial Discharge Permit before connection to or discharging into the wastewater disposal system (POTW). The Permit application may be obtained from the Director and is as a form set forth in Appendix A. No discharge into the POTW can commence until an Industrial Discharge permit is received unless the Director has ruled that:

1. an Industrial Discharge Permit is not required or

2. a discharge waiver is granted to commence discharge pending final action by the Sewer Control Board.

Subd. 3. Incomplete or Deficient Application. If the Permit application is incomplete or otherwise deficient, the Director will advise the applicant of such incompleteness or deficiency. An Industrial Permit shall not be issued until an application is complete.

Subd. 4. Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of a completed application form from the industrial user, the Director shall, upon a determination that the applicant is capable of compliance with the Industrial Discharge Permit conditions and these rules, issue an Industrial Discharge permit subject to the terms and conditions provided therein.

Subd. 5. Permit Conditions. Industrial Discharge Permits shall be expressly subject to all provisions of this Section and all other applicable regulations, user charges, and fees established by the City Council. Permits shall contain the following:

A. A summary of the penalties and surcharges applicable for violations of the terms of Permit as provided in Section 3.67 of this Section;

B. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;

C. Limits on the average and maximum wastewater constituents and characteristics, either in terms of concentrations, mass limitations, or other appropriate limits;

D. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

E. Requirements for installation and maintenance on inspection and sampling facilities;

F. Requirements for access to the Permittee's premises and records;

G. Requirements for installation, operation and maintenance of pretreatment facilities; (See Section 3.63 on Pretreatment);

H. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and self reporting schedule;

I. Compliance schedules;

J. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Director, and affording the Director access thereto;

K. Requirements for notification to the Director of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

L. Requirements for notification of slug discharges as provided in Section 3.61 of this Section;

M. Requirements for the specific location, time, and volume of discharge to the POTW for Waste Transport Haulers;

N. The requirement for Industrial Discharge Permit transfer as stated herein; and

O. Other conditions as deemed appropriate by the City to ensure compliance with this Section.

Subd. 6. Permit Modification, Suspension and Revocation. An Industrial Discharge Permit may be modified, suspended or revoked, in whole or in part, by the Sewer Control Board or City during its term for cause, including:

A. Violation of these Rules;

B. Violation of any terms or conditions of the Industrial Discharge Permit;

C. Obtaining an Industrial Discharge Permit by misrepresentation or failure to disclose fully all relevant facts;

D. Amendment of these Rules;

E. A change in the wastewater treatment process which results in the Permittee's discharge having a significantly different and negative impact on the process;

F. A change in the Permittee's industrial waste volume or characteristics which the Permittee knows or has reason to know will or is likely to have, either singly or by interaction with other wastes, a negative impact on the treatment process; and

G. A determination by the Director that the Permittee's discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, present an endangerment to the environment, or threaten interference with the operation of the POTW.

Subd. 7. Time Schedule for Compliance. Any modifications in the Industrial Discharge Permit shall specify a reasonable time schedule for compliance.

Subd. 8. Refund of Permit Fee on Surrender of Revocation. A Permittee may surrender an Industrial Discharge Permit to the City prior to the Permit's scheduled termination. In the event that a permit is surrendered or revoked, the Permittee shall be refunded a pro rata portion of the Permit fee paid.

Subd. 9. Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for Permit reissuance a minimum of 180 days prior to the Permit's expiration date by filing with the POTW a Permit reissuance application. The terms and conditions of the Permit may be subject to modification by the Director during the term of the Permit as limitations or requirements as identified in Section 3.60 are modified or other just cause exists. The user shall be informed prior to the effective date of change. Any changes or new conditions in the Permit shall include a reasonable time schedule for compliance.

Subd. 10. Permit Transfer. Industrial Discharge Permits are issued to a specific user at a specific location, for a specific operation, except in the case of Waste Transport Haulers. An Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Director. Any succeeding owner or user shall also comply with the terms and conditions of the existing Permit. In the event of a change in the entity owning the industrial discharge facilities for which there is an Industrial Discharge Permit, the prior owner, if feasible, shall notify the POTW and the succeeding owner of said change in ownership and of the provisions of the Industrial Discharge Permit and these Rules. The new owner shall submit a new Permit application or shall submit to the POTW an executed statement agreeing to be bound by the terms and conditions of the existing Industrial Discharge Permit for the facility, in which case, upon consent of the POTW, the Permit shall continue in effect until its expiration date.

Subd. 11. Permit Fees. The Industrial Discharge Permit fee for total waste (million gallons per year) for both initial and reissuance shall be as follows:

A. Less than one (1) million gallons per year, $200

B. Between one (1) and ten (10) million gallons per year, $400

C. Greater than ten (10) million gallons per year, $600.

SECTION 3.59 PROHIBITIVE DISCHARGE.

Subd. 1. No person shall discharge or cause to be discharge, directly or indirectly, into the POTW any of the following:

A. Any combustible, flammable or explosive solids, liquids, or gases which by their nature or quantity will or are likely to cause either alone or by interaction with other substances a fire or explosion or be injurious to the POTW operations. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system be more than five percent (5%) nor shall there be any single reading over ten percent (10%) of the Lower Explosive Limit (LEL), nor shall pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to; gasoline, kerosene, naphtha, fuel oil, lubricating oil, benzene, toluene, zylene, ethers, alcohols and ketones.

B. Any solids or viscous substances which will or are likely to cause obstruction to the flow in a sewer or interference with the operation of the wastewater treatment plant. These include garbage with particles greater than one-half inch (1/2") in any dimension, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains, waste paper, wood, plastic gar tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass grinding and polishing wastes.

C. Any wastewater having a pH less than 5.0 or greater than 12.0 or having any corrosive property that will or is likely to cause damage or hazard to structures, equipment, or employee of the Public Utility.

D. Any alkaline wastewater which alone or with others will or is likely to cause an elevated pH in the treatment plant influent so as to result in an inhibiting effect on the biological process or encrustation to the sewer.

E. Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants that will or is likely to cause interference or constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act).

F. Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction with other wastes, will or are likely to create a public nuisance or hazard to life or prevent the entry of Utility employees into a sewer for its monitoring, maintenance, and repair.

G. Any wastewater which will or is likely to cause excessive discoloration in treatment plant effluent.

H. Wastes, other than Domestic Wastes, that are infectious before discharging into the sewer.

I. Any sludge from an industrial pretreatment facility except as provided in Section 3.63.

J. Heat in amounts which will or is likely to inhibit biological activity in the treatment plant resulting in interference or causing damage to the treatment plant, but in no case heat in such quantities that the Industrial User's waste temperature is greater than 65 Degrees C (150 Degrees F) at its point of discharge to the sewer system, or heat causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 40 Degrees C (104 Degrees F).

K. Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that will or is likely to solidify or become viscous at temperatures between 0 Degrees and 65 Degrees C and which will or is likely to cause obstruction to the flow in sewers or other interference to the POTW, including petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin.

L. Any slug discharged in such volume or strength which a person knows or has reason to know will or is likely to cause interference in the POTW.

M. Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standard.

N. Any substance which may cause the POTW's effluent or any other product of the wastewater treatment process such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the wastewater disposal system cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used.

O. Any wastewater containing insert suspended solids (including lime slurries and lime residues) or dissolved solids (including sodium chloride) in such quantities that will or is likely to cause interference with the POTW.

P. Radioactive wastes or isotopes of such a half-life or concentration that they are in noncompliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the POTW or employees operating it.

Q. Any hazardous waste, unless prior approval has been obtained from the Director.

R. Any waste generated outside the area served by the POTW without prior approval of the Director.

S. Any unpolluted water, including cooling water, rain water, storm water or groundwater, unless there is no other prudent or feasible alternative.

T. Any trucked or hauled wastes or pollutants, except at discharge points designated by the POTW.

SECTION 3.60 LIMITATIONS ON WASTEWATER STRENGTH.

Subd. 1. Federal Pretreatment Standards. Federal Pretreatment Standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this Section unless the Director has applied for, and obtained from the MPCA, approval to modify the specific limits in the federal pretreatment standards. In all other aspects, Industrial Users subject to Pretreatment Standards shall comply with all provisions of these Rules and any Permit issued thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard.

Subd. 2. State Requirements. State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this Section.

Subd. 3. City's Right of Revision. The City reserves the right to establish by Ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 3.51.

Subd. 4. Dilution. No user shall increase the use of process water, or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in any local or state requirements or federal pretreatment standards.

Subd. 5. Removal Credits and Variances.

(a) If the POTW achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to MPCA for modification of specific limits of the EPA Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an Industrial User in the Pretreatment Standards if the requirements contained in 40 CFR 403.7 of the General Pretreatment Regulations relating to credits for the removal of pollutants are fulfilled and approval from MPCA is obtained. However, nothing herein shall be construed to require the City to apply to MPCA for removal credits nor shall it be construed to in any way limit the applicability of the limitations provided in Section 3.60, Subd. 6 in the event that such a removal credit is granted, except as provided in Section 3.63, Subd. 1.

b) The City shall recognize and enforce the conditions allowed for by variances from Pretreatment Standards for fundamentally different factors as granted by EPA to individual Industrial Users in accordance with 40 CFR 403.13 of the General Pretreatment Regulations.

(c) The Director shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with 40 CFR 403.12 of the General Pretreatment Regulations. A compliance schedule as part of the Industrial Discharge Permit shall be developed between the Sewer Control Board and the Industrial User to ensure that the Industrial User complies with local, state, and federal limitations in a timely manner as provided by the same section of the General Pretreatment Regulations.

Subd. 6. Supplementary Limitations. No person, except as authorized pursuant to a compliance schedule in a Permit, shall discharge or cause or allow to be discharged, directly or indirectly, into the POTW any of the following waste pollutants containing concentrations in excess of the following maximum limitations for any operating day:

Maximum Allowable

Pollutant Concentration* (mg/l)

Arsenic 0.16

Cadmium 0.20

Chromium, Total 3.94

Copper 2.76

Cyanide, Total 3.11

Lead 1.36

Mercury 0.0002

Molybdenum 0.11

Nickel 0.75

Selenium 0.27

Silver 0.56

Zinc 5.00

Ammonia Nitrogen BMP

_CBOD₅ BMP

Phosphorus BMP

Total Suspended Solids BMP

*Based on a 24-hour flow proportional composite sample of a total facility discharge to the St. Cloud POTW.

Subd. 4. Costs of Damage. Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The Director may add to the user's charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this Section.

Subd. 5. Falsifying Information. Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Section, or Industrial Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Section, shall upon conviction, be punished by a fine of not more than $700 or by imprisonment for not more than (90) days, or by both.

SECTION 3.67.1 PUBLICATION OF SIGNIFICANT VIOLATIONS

Public notification will occur at least annually in the official daily newspaper published in the municipality in which the POTW is located all Industrial Users which, at any time during the previous twelve (12) months, were in significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the purpose of this provision, an Industrial User is in significant violation if its violations meet one or more of the following:

(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements taken during a six (6) month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Director believe has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW employees or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (F)(1) (vii)(b) to halt or prevent such a discharge;

(e) Violation, by ninety (90) days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide required reports such as baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules, within thirty (30) days of the due date:

(g) Failure to accurately report noncompliance; or

(h) Any other violation or group of violations which the Director considers to be significant.

SECTION 3.68 PROHIBITING STORM WATER DISPOSAL INTO THE SANITARY SEWER SYSTEM

Subd. 1 DEFINITIONS. Whenever used in this section, unless a different meaning appears from the context:

(a) "CISTERN", shall mean any structural receptacle located in basements or above or below the ground in which drain or other waters are stored for which persons have domestic or other uses.

(b) "ROOF DRAINS", shall mean any and all devices, troughs or pipes that collect or gather any and all waters produced by rains or melted snows and ice on the roofs of any buildings or structures in the City.

(c) "BASEMENT DRAINS", shall mean any and all catch basins, drain pipes, tiles, or other devices laid in, under, around or outside any basement or foundation of any structures, to collect, carry and prevent, surface, seeping or percolating waters, away and from the foundation or out of the basement of any such buildings or structures, in the City; but it shall not be construed to include any drain whose purpose is to merely drain sanitary sewage, as defined in Section 3.52 of the City Code.

(d) "SUMP PUMP", shall mean any pump or device used to pump water.

(e) "USEABLE SPACE" shall mean any space within a building or structure that can be utilized as living area or storage, including crawl spaces with finished floors.

Subd. 2 PROHIBITED DISCHARGES. It shall be unlawful for any person to discharge water from cisterns, roof drains, basement drains or sump pumps into the City's sanitary sewer system. It shall also be unlawful for any person to discharge or eject water from their property in a manner that adversely affects an adjacent property owner.

Subd. 3 NON-CONFORMING CONNECTIONS TO BE DISCONNECTED. It shall be unlawful for any person or persons to continue the drainage of waters from cisterns, roof drains and sump pumps into the City's sanitary sewer system and all such persons shall forthwith disconnect all cisterns, roof drains, basement drains, and sump pumps now connected to the sanitary sewer system.

Subd. 4 NEW STRUCTURES. All new structures or buildings constructed after this section's passage and publication that have useable space below grade shall have a perimeter drainage system and operational sump pump connected to permanent schedule 40 Acrylonitrile-Butadiene-Styrene (ABS) or Polyvinyl Chloride (PVC) piping which ejects water to grade at the exterior of the structure or building in a manner that does not adversely affect an adjacent property owner.

Subd. 5 ANNEXED LANDS. It shall be unlawful for any person or persons having basements or any structures on any land hereinafter annexed to the City to have roof drains, basement drains or sump pumps connected to the City's sanitary sewer system ninety (90) days after the annexation has been approved.

Subd. 6 INSPECTIONS. The City Council may establish a policy by resolution to provide for inspections of properties within the City by the City's Superintendent of Public Works, or designee, to determine compliance with this Section's requirements.

Subd. 7 NONCOMPLIANCE. The City's Superintendent of Public Works, or designee, will issue a written notice of noncompliance to any property determined not to comply with this Section's requirements. The property owner will have ninety (90) days from the issuance of the notice of noncompliance to comply with this Section's requirements and receive a Certificate of Compliance from the City's Superintendent of Public Works, or designee. To ensure continued compliance, the Superintendent of Public Works, or designee, may reinspect any property at any reasonable time upon reasonable notice to issue an annual re-Certification of Compliance.

Subd. 8 APPEALS TO CITY COUNCIL.

A. Waivers for Connection to the City's Sanitary Sewer System. The City Council shall have the power and duty of hearing and deciding requests for waivers from the applicability of this Section's provisions prohibiting a connection to the City's sanitary sewer system where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Before applying for a waiver, a property owner shall have discussed his or her hardship with the Superintendent of Public Works.

B. Procedure. Waiver applications pursuant to this subdivision shall be addressed in writing to the Sauk Rapids City Administrator. The application shall at a minimum identify the property for which the waiver is being applied for, the name of the property owner/applicant, and describe in detail what characteristics of the subject property create an undue hardship. Upon receiving the written waiver application, the City Administrator shall place the matter on a City Council meeting agenda when the applicant can be in attendance. Within a reasonable time after the meeting, the Council shall make its order deciding on the matter and serve a copy of the order upon the applicant by mail.

C. Additional Fee for Waivers to Drain into the City's Sanitary Sewer System. Upon the City Council's approval of a waiver application, a property owner shall be allowed to continue to drain cistern waters, or drainage from roof drains, basement drains or sump pumps into the City's sanitary sewer system if the applicant agrees to pay an additional fee of $400.00 per year for sanitary sewer service. One-half of the fee will be payable on or before November ₁St and the remaining one-half of the fee will be payable on or before April 1^stof each year.

Subd. 9 SURCHARGE. Upon recommendation of the Superintendent of Public Works, the City Council may add a $100.00 surcharge to a property owner's quarterly utility bill for any property which is in violation of this Section's requirements and which has not been granted a waiver by the City Council.

Subd. 10 PENALTY FOR VIOLATIONS. Any person violating any provision of this Section shall be guilty of a penal offense punishable by a fine of Fifty Dollars ($50.00). Each quarter that such violation continues after imposition of the first Fifty Dollar ($50.00) fine shall be considered a separate offense punishable by an additional fine of Fifty Dollars ($50.00). The imposition of such fine shall in no way limit the City's right to seek an injunction in District Court ordering the property owner to disconnect the nonconforming connection to the sanitary sewer system.

SECTION 3.69 DISCHARGE INTO STORM SEWER

Subd. 1. DEFINITIONS. Whenever used in this section, unless a different meaning appears from the context:

“Sump Pump Discharge” shall mean storm water, ground water, or other unpolluted water discharged from any pump or device used to pump water.

“Hazardous condition” shall include the presence of green algae (slime), ice, pooling of water, and street erosion or washouts

“Roof Drains” shall mean any and all devices, troughs, or pipes that collect or gather any and all waters produced by rains or melted snows and ice on the roofs of any buildings or structures within the City.

Subd. 2. SUMP PUMP DISCHARGE

PROPER DISCHARGE. Property owners are responsible for ensuring sump pump discharge is discharged to a storm sewer, except that any unpolluted cooling or process water shall only be so discharged upon approval by the City and the user may be required to obtain a NPDES Permit by the MPCA.

CONNECTION REQUIRED. If an adjacent subsurface connection to a storm sewer, such as a drain tile, is provided or available to a property owner and the property owners’ current sump pump discharge causes a hazardous condition, the property owner must connect to the adjacent subsurface connection at their own expense within 30 days of notice of the hazardous condition from the City, or within some other time frame agreed to by the City.

RESPONSIBILITY. Property owners shall be responsible for the cost and coordination of connecting any sump pump discharge to the City’s subsurface connection.

LIABILITY. Property owners are responsible for any hazardous condition caused by their discharge of sump pump discharge. Property owners are responsible for their connection to the storm sewer, however made, including any effects that freezing, flooding, or blockage of either the City’s subsurface connection, or the property owners’ connection to it, may have on the property owners’ structure or property. As a condition of connecting to the City’s subsurface connection to the storm sewer, property owners acknowledge that the City shall not be liable for and flooding, freezing, or other damages that might result from connection of sump pump discharge to the City’s subsurface connection to the storm sewer.

CONNECTION DESIGN. Although the design of any private connection of sump pump discharge is the sole responsibility of the property owner, the City recommends the incorporation of an air gap to minimize potential damages in the event of freezing, blockage, or flooding. Property owners are prohibited from connecting their Roof Drains to any adjacent subsurface storm sewer connection. The City will provide guidance for sump pump connections on its website.

SUBD. 3. NONCOMPLIANCE. The City’s Superintendent of Public Works, or designee, will issue a written notice of noncompliance to any property determined not to comply with this Section’s requirements. The property owner will have ninety (90) days from the issuance of the notice of noncompliance to comply with this Section’s requirements.

SUBD. 4. PENALTY FOR VIOLATION. Any person violating any provision of this Section shall be guilty of a penal offense punishable by a fine of One Hundred Dollars ($100). Each quarter that such violation continues after imposition of the first One Hundred Dollars ($100) shall be considered a separate offense punishable by an additional fine of One Hundred Dollars $100. The imposition of such fine shall in no way limit the City’s right to seek an injunction in District Court ordering compliance with this Section.

SECTION 3.70 WATER USE REGULATIONS.

Subd. 1. Rules Part of Contract. The rules and regulations and water rates hereinafter named, and all amendments thereof, shall be considered a part of the contract with every person, company, or corporation who is supplied with water through the waterworks system of this municipality and every person, company or corporation by taking water therefrom, shall be considered as expressing his, her, their, or its consent to be bound thereby.

Subd. 2. Water Rates and Billing. The rates due and payable to the City by each owner within the City for water taken from the water supply system shall be set forth in the City’s Fee Schedule. Water bills shall be mailed bimonthly. Bills shall be mailed to the owner of the property or the owner’s duly authorized property manager at the designated billing address and shall specify the water consumed and the charge in accordance with the rates set forth in the City’s Fee Schedule. Property owners must pay the total amount set forth in the bill on or before the due date listed on the bill. All charges shall be the obligation of the property owner as shown on records of the County Auditor. Failure to make payment by the due date listed on the bill will result in a late fee assessment as set forth in the City’s Fee Schedule.

Subd. 3. Delinquent Water Accounts.

(a) Delinquent Water Accounts. Accounts shall be considered delinquent when any portion of the balance is more that fifteen (15) days past due and no arrangement for payment has been agreed to by both the City’s Finance Director or Public Works Director and the property owner or the owner’s duly authorized property manager.

(b) Disconnection of Service. It shall be the duty of the Finance Department to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payment have not been made, the City reserves the right to discontinue service by shutting off the water at the stop box. However, if the discontinuance of water service would affect the primary heat source for a residential unit , no shut-off may occur, except in the case of an emergency situation or threat to the water supply if:

1) the disconnection would occur during the period between October 15 and April 15; and

2) the owner has declared inability to pay on forms provided by the Finance Department; and

3) the household income of the owner is less than 185 percent of the federal poverty level, as documented by the property owner to the Finance Department; and

4) the account is current for the billing period immediately prior to October 15 or the owner has entered into a payment schedule and is reasonably current with payments under the schedule.

(c) Notice of Disconnection and Opportunity to be Heard. Before disconnection of service to a residential unit reasonable notice by mail shall be provided to the property owner and any occupant of the property at least fifteen (15) days prior to the date of disconnection. The notice will include:

1) the telephone number and address of the Finance Department and that the property owner or resident will be afforded a reasonable opportunity to be heard prior to the intended disconnection;

2) the reason for the intended disconnection;

3) the date on which the intended disconnection is to occur,

4) the amount past due, as well as the amount currently owing on the account, including applicable late fees, service charges and penalties;

5) whether or not any security deposit will be required to maintain uninterrupted service and the amount of that security deposit;

6) that the Finance Department will accept payment at any time during business hours prior to termination;

7) during the period of October 15 and April 15, where the property owner has notified the City that discontinuance of water service would affect the primary heat source for a residential unit on the property, the notice must include a written explanation of the owner’s rights and responsibilities, a list of local energy assistance providers, and any other opportunities to secure continued service.

(d) Discontinuance of Service to Accounts Affecting Tenants. Where the property owner has rented out the property for residential purposes and the delinquent water account has or will result in a discontinuation of service, the tenant or group of tenants may pay the amount due and owing on the account along with any applicable administrative charge, late fee, penalty and security deposit required to maintain uninterrupted service. This payment may qualify as a rent payment pursuant to the provisions of Minn. Stat. 504B.215.

(e) Cold Weather Months. During the period of October 15 and April 15, no disconnection of water service that would affect the primary heat source for a residential unit may occur if all of the criteria set forth in subsection (b) (1-4) are present until at least twenty (20) days after the mailing of the notice of disconnection or fifteen (15) days after the notice has been personally served on the owner. If there is no response to the notice, the Public Works Department must serve the notice on any residential occupant of the property served or post the notice at the property. The disconnection must not occur on a Friday or on the day before a holiday. If prior to the disconnection the owner or occupant appeals to the Finance Department, that appellant must be given ten (10) days to provide documentation and written argument to the Finance Department relevant to the proposed disconnection. Within ten (10) days of its receipt of these documents, the Finance Department shall make a determination of whether or not to disconnect water service based upon the owner’s ability to pay, effect on the primary heat source for the residential unit, the owner’s payment history on this account and other City accounts, and whether or not a payment plan would constitute a viable alternative to disconnection. Ten (10) day written notice of the determination must be provided to the owner and occupant of the property prior to any disconnection.

(f) Assessment of Delinquent Accounts. All delinquent accounts shall become an assessment and shall be certified to the County Auditor in accordance with section 3.80 of the City Code.

(g) Re-connection After Disconnection for Non-Payment. Prior to reconnection of water service following disconnection for non-payment, the total amount due and owing for all City utilities must be paid, as well as all service charges, late fees and penalties associated therewith.

(h) Authority to Establish Guidelines. The City’s Finance Director, in consultation with the Public Works Director, shall have the authority to adopt, implement, revise and maintain internal policies and procedures consistent with this ordinance for the purpose of specifying the manner of: establishing and maintaining utility accounts; utility billing; handling delinquent utility accounts; and the appropriateness and manner of discontinuing and reconnecting water service.

Subd. 4. More Than One User. When more than one tenant is supplied through one service pipe the application for supplying such building or tenants shall be made by the owner of the premises; said owner, or his or her successor in interest shall be held liable and responsible to the City for all water supplied through said service pipe notwithstanding any contract between the Lesser and tenant as to assumption of the water billing, as but one bill will be made, and the rate of each tenant will be the same as for a separate house.

Subd. 5. Resale or Non-Metered Use Prohibited. No consumer shall supply water to another nor suffer others to take water off his or her premises unless such arrangements are approved in writing by the Public Water Superintendent and separate meters are used.

Subd. 6. Inspection. Every tenant taking water shall permit the Public Works Superintendent, or his or her duly authorized agent, at all reasonable hours to enter their premises or buildings to examine the pipes and fixtures and the manner in which the water is used, and they must at all times frankly and without concealment answer all questions put to them relative to the consumption of water.

Subd. 7. Responsibility for Freezing, Breakage, or Supply. It is expressly stipulated that no claim shall be made against this municipality by reason of the breaking or freezing of any service pipe or service cock, nor if from any cause the supply of water shall fail, nor from the damage arising from shutting off water to repair the mains making the connection or extension, nor for any other purpose that may be deemed necessary. The costs of repair of any service pipe from the corporation stop, through users premises, shall be the responsibility of the service user, in any and all events, and all repairs including restoration shall be made in accordance with this and other applicable regulations of the City the same as if original installation. Property owners are required, at the property owner’s expense, to replace all service pipe with copper pipe for the entire length of the water line from the structure on the property to the street main at the time any repair or replacement is made to any part of a service water line.

Subd. 8. Reserved Shut-Off Rights. The right is hereby reserved to shut off the supply of water at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the water supply within any district of this municipality the Council or its duly authorized agent shall, if practicable, give notice to each consumer within said district of the time when such supply will be shut off.

Subd. 9. Conditions Before Turning On Water. Water will not be turned on to any building or private service pipe until the applicant shall have paid for the connection from the street main to the street line and also the water rent for the current term.

Subd. 10. Plumbers Prohibited From Turning On Water. All plumbers are strictly prohibited from turning water into any service pipe except upon the order or permission of the Public Works Superintendent or his duly authorized agent. This rule shall not be construed to prevent any licensed plumber from admitting water to test pipes and for that purpose only.

Subd. 11. Sprinkling. The right is reserved to suspend the use of fountains and hose for sprinkling streets, yards and gardens whenever in the opinion of the Council the public necessity demands it.

Subd. 12. Hydrants. All hydrants erected within and by this municipality for fire extinguishing purposes are hereby declared to be public hydrants; and, excepting the Council, or its duly authorized agent, no person or persons, other than members of the Fire Department, shall open any such hydrant or draw or attempt to draw any water therefrom; nor shall any person or persons at any time uncover any such hydrant, or remove or attempt to remove therefrom any matter or thing designed or intended for the protection thereof, or in any manner intermeddle with any such hydrant.

Subd. 13. Installation of Water Service.

A. The City shall make all taps on the main up to (1) inch line size and shall furnish corporation stop, curb stop, box and meter for which the applicant for water service shall be charged. The amount established by Council resolution.

B. A contractor shall be hired by the applicant to make the tap on the main for all lines larger than (1) inch, such work to be done under the supervision of the Superintendent of Public Works.

C. All trenching, service pipe, and all other expenses connected with the installation of water service shall be paid by the applicant.

D. The valve installed between the main line and the meter shall be a full flow valve and no globe valves shall be installed.

E. Replacement line connections may be made at the same size presently installed but all new connections shall be no less than (1) inch in size.

F. All service pipes from the main to the curb stop and all couplings shall meet the specifications that from time to time may be prescribed by the Public Works Superintendent.

G. On streets where mains are laid, service pipes will not be allowed to run across lots, that is from one lot to another, but must be taken from the main front of the premises or some point in the street adjacent to the same and water will not be supplied to occupants of two separate premises through the same service pipe.

H. Every service pipe must be connected at one end by a corporation stop at the main and at the other end by a curb stop or curb box, with properly wiped joints and, unless otherwise specifically designated, the curb stop shall be placed in service pipes at the public right-of-way line to avoid sidewalks and curbs, and protected by a curb box or iron pipe with cover reaching from the curb stop to the surface, and of suitable size and shall be installed vertical and perpendicular to the curb stop to admit a stop key for turning the water on and off.

I. All curb boxes shall be set at the edge of the public right-of-way in residential districts and three (3) to five (5) feet outside the edge of the street in business and industrial districts; the cap shall be nicely fitted into the tile or sidewalk and set flush with the top of the walks. No change shall be made in the setting of any curb box in any district unless approved by the Public Works Superintendent.

Subd. 14. Restricted City Water Use. Whenever the City Administrator or Public Works Superintendent shall determine that a shortage of water supply threatens the City, according to the City’s Demand Reduction Trigger Levels as established in the City’s Emergency Response and Water Conservation Plan, the City Administrator or Public Works Superintendent may limit water use from the municipal water supply system for uses and during times as specified in the Emergency Response and Water Conservation Plan.

A. ODD-EVEN SPRINKLING REQUIRED. Use of water from the City water supply for lawn sprinkling or irrigation must be limited to odd numbered days for property addresses ending with an odd number and even numbered days for property addresses ending with an even number.

The City recommends that if sprinkling is done, it be done between 6:00 a.m. and 10:00 a.m. and/or between 6:00 p.m. and 10:00 p.m. rather than during the heat of the day when evaporation takes place.

B. Exceptions.

1. New Sod or Seed. Properties with new sod or seed may be exempt for the limitations on sprinkling and irrigation for

Newly sodded or seeded portions of their property for a period of up to thirty (30) days. To qualify for this exemption, the property owner must obtain a permit from the City Clerk. The permit shall state the start and end dates of the exemption.

2. Systems Incapable of Compliance. Developments containing multiple dwellings, apartment buildings or other structures which share a common lawn sprinkling system incapable of being restricted to zones in order to comply with odd even requirements of this Section may be exempt from the odd even requirements of this Section. To qualify for this exemption the property owners must obtain a permit from the City Clerk after demonstrating to the Clerk that their sprinkler system meets the requirements of this exemption.

3. Private Wells. Properties which draw water for sprinkling and irrigation from private wells not connected to the City’s municipal water system may also be exempt from the provisions of this Section requiring odd even sprinkling. To qualify for this exemption the property owner must obtain a permit from the City Clerk after demonstrating to the Clerk that their sprinkler system meets the requirements of this exemption.

The City requests compliance with the odd-even water restrictions by these property owners to assist the City in maintaining a uniform application of conservation measures throughout the City.

C. Penalty. Property owners and/or occupants who are found to be in violation of this Section shall be issued a written warning notice by the police department for the first offense occurring during each calendar year. Any owner or occupant of property (including individuals, corporations or other legal entities) found in violation of this Ordinance after a written warning has been issued for that calendar year shall be guilty of a misdemeanor. The fine for the first offense after a written warning for the calendar year shall be $35.00 plus Court costs and fees. The fine shall double with each subsequent offense occurring in the same calendar year to a maximum of $200.00.

Subd. 15. Mandatory Connection to Water Facilities

A. Connections required. The owner of any building or property located within the

City, or in any area under the jurisdiction of the City, and in which wastewater is

produced or from which wastewater is discharged, shall be required to connect to

the City’s public water service at the property owner’s expense within one year of

the availability of service within the City, except as provided in subdivision

15(B) of this ordinance. Service is considered “available” to a structure or

property when constructed adjacent to, including within any utility easement

adjacent to, the property upon which the structure is located. The City will

provide property owners with written notice that water service is available to the

property.

B. Extension of Time to Connect. The City Council may adopt policies by resolution

or enter into agreements with property owners providing for extensions to the one-year mandatory connection requirement of subdivision 15(A), if the property has an existing private well that is in compliance with all applicable standards and regulations. Nothing in this subdivision shall obligated the City to grant any extension to the mandatory connection requirement of subdivision 15 (A).

C. Annexed Properties. In addition to the provisions of subdivision 15(B), existing

structures that are annexed into the City, from which wastewater is produced, or from which wastewater is discharged, shall connect to the public water service within five years of the date of the annexation, so long as service is available to the annexed property on the date of annexation, and so long as any private well providing water to the structure is in compliance with all applicable standards and regulations at the time of annexation. For properties where public water service is not available on the date of annexation, but is later made available to the property, structures shall connect to the City’s public water service in accordance with subdivision 15(A).

D. New structures and redeveloped properties. Notwithstanding any other

subdivision of this Ordinance or any other provision of the City Code, all new structures constructed on property within the City to which public water service is available shall be required to connect to the City’s public water service. In addition, all existing structures on property within the City to which public water service is available shall be required to connect to the City’s public water service. Upon the development, redevelopment, change in use, sale or subdivision, including any administrative subdivision, of the property, or in the event that any private well on the property fails to meet the requirements of the Department of Health or other applicable regulations.

Subd. 16. Cross-connection to private water supply prohibited. No water pipe of the City

Water supply system shall be connected with an pump, well or tank that is

Connected with any other source of water supply. When any such connection is

Found, the Public Works Department shall notify the owner to sever the

Connection and if this is not done immediately, the City shall turn off the water

Supply forthwith. Before any new connection to the City’s public water facilities

is permitted, the Public Works Department shall ascertain that no cross-

connection will exist when the new connection is made.

Subd. 17. Enforcement. In the event of a violation or threatened violation of any of the

terms of this Ordinance, the City may take appropriate action to enforce this

Ordinance, including application for injunctive relief, action to compel

performance or other appropriate action to court if necessary to prevent, restrain,

correct, or abate such violations or threatened violations. Upon motion, the court

may award costs, disbursements and reasonable attorney’s fees and witness fees,

which costs and fees can be assessed against the property. In addition, if any

property fails to connect to the City’s public water facilities as required by this

Ordinance, the City may charge a monthly service charge to the property as

though the property owner had complied with the connection requirement. The

rights of the City under this subdivision shall be in addition to any other remedial

or enforcement provisions provided for by other law or ordinance.

Subd. 18 Testing of Private Wells Required. It shall be the responsibility of all property

owners not connected to the City’s public water service and using private water

wells to test the water well annually for coliform bacteria and nitrates.

Verification of testing and the testing results shall be provided to the Public

Works Director no later than September 30 of each year. The testing required

by this ordinance shall be done by a laboratory certified by the

Minnesota Department of Health.

SECTIONS 3.71 THRU 3.79 RESERVED FOR FUTURE USE

SECTION 3.80 SEWER AND WATER USE, AVAILABILITY, AND CONNECTION CHARGES.

Subd. 1. Purpose and Policy. This ordinance sets forth a uniform system for charges and user fees for the procurement, operations, maintenance and replacement of the Sauk Rapids Sanitary Sewer Facilities and Municipal Water Facilities. The objectives of this ordinance are:

a) To provide a system of charges and/or assessments to existing users of the existing facilities and initial users of the expanded facilities in order to recover capital costs associated with procurement of the facilities and the providing of wastewater and water treatment within the City;

b) To provide a system of user fees or charges in order to pay for the operation and maintenance, debt service, replacement and improvements of the Sauk Rapids Sanitary Sewer Facilities and Municipal Water Facilities, the user charges provided for in this section are hereby levied and assessed upon each parcel of land, building or premises having any connection with, or discharging either directly or indirectly into the sewer system or connection with either directly or indirectly to the water system. Costs for use of the Sauk Rapids Sanitary Sewer Facility on the basis of Flow, BOD, SS, and any other pollutant taking into consideration the cost of collection and treatment of such sewage, and may increase or decrease such unit cost as often and in such amounts as may reasonably be required to accomplish the purposes of this section.

c) To provide a system of charges and/or assessments to future users of both the existing and expanded facilities in order to recover and offset the capital costs of procurement of the facilities and the availability of services; and

d) To provide a system of area or trunk charges to developing areas of the City in order to recover and offset the capital costs of collection and conveyance infrastructure which will ultimately serve the developing areas.

Subd. 2. Sewer Availability and Water Availability Charges. Prior to the time a connection is made to the Sanitary Sewer Facilities and the Municipal Water Facilities, each user shall either pay or be subject to sewer availability (SAC) and water availability (WAC) charges for the costs of constructing, operating, maintaining and replacing the certain Sewer and Water Facilities, including, but not limited to, water and wastewater treatment facilities, pumps, lift stations, holding tanks and other appurtenances to collect, convey and treat water and wastewater within the City. The sewer availability and water availability charges shall be established in the City's Fee Schedule. The sewer availability and water availability charges shall be paid prior to the time a connection is made as established in the City's Fee Schedule, unless converted to a special assessment by the consent of the property owner and the agreement of the City. For newly platted property within the City, payment of the sewer availability and water availability charges may be made payable at a later date to be determined by the City as part of a development agreement for the property between the City and the Developer.

Subd. 3. Main Line and Service Line Charges. Prior to the time a connection is made to the Sanitary Sewer Facilities and the Municipal Water Facilities, each user shall either pay or be subject to charges for the costs of constructing the water and sanitary sewer main lines and water and sanitary sewer service lines serving the property. The main line and service line charges shall be established in the City's Fee Schedule. The main line and service line charges shall be paid prior to the time a connection is made, unless converted to a special assessment by the consent of the property owner and the agreement of the City.

Subd. 4. Area Trunk Charges. Each tract of property within the City which is zoned for residential, commercial or industrial development, or is presented to the City for development as a Planned Unit Development, shall be subject to area trunk charges to pay the proportionate share of the increased costs of the Sanitary Sewer Facilities and Water Facilities, due to the construction of trunk lines or over-capacity constructed into the facilities to allow for future development of property or expansion of service. The area trunk charges shall be payable at the time any subdivision of the property or at the time of requesting a building permit on the property, whichever occurs sooner, unless converted to a special assessment by the consent of the property owner and the agreement of the City. For newly platted property within the City, payment of the area trunk charges may be made payable at a later date to be determined by the City as part of a development agreement for the property between the City and the Developer. Notwithstanding anything to the contrary in this ordinance, area trunk charges shall not apply to property located west of State Highway 10 and South of State Highway 15 and which was platted and had an individual parcel identification number as of October 9, 2001. The intent of this provision is to exclude existing structures and land uses on properties located west of State Highway 10 and South of State Highway 15 from payment of area trunk charges. Properties located west of State Highway 10 and South of State Highway 15 that are newly platted, re-platted, developed or redeveloped after October 9, 2001 shall, however, be subject to area trunk charges in accordance with subdivision 5 of this ordinance.

Subd. 5. Change in Use of Property. In the event any property within the City is redeveloped, or any change in the use or in the intensity of the use of the property occurs such that the redevelopment or change in use results in an increase in demand on the use of the City's Sanitary Sewer Facilities and the Municipal Water Facilities, the City, at the time of platting, rezoning or other land use approval, or issuance of a building permit for the redevelopment or change in use, whichever occurs sooner, shall determine the appropriate area trunk charges and sewer availability and water availability charges based on the redevelopment or change in use in accordance with this ordinance and the City's Fee Schedule. The new area trunk charges and availability charges, as calculated in accordance with this section and after deducting the amount of any area trunk charges or availability charges previously paid for the property, shall be paid at the time of platting, rezoning or other land use approval, or issuance of a building permit for the redevelopment or change in use, whichever occurs sooner.

Subd. 6. Meter Use and Installation. As a condition of connecting to City water, all water use shall be metered and said meters shall be set with the stop and waste valve at least twelve (12) inches, but no more than thirty-six (36) inches, above the floor in the room designated for the location of utilities and in which the ceiling is no less than seven (7) feet, six (6) inches in height. The meter shall also be installed with a circular obstruction-free area with a radius of eighteen (18) inches so that the meter can be examined, serviced, and read and provided with suitable protection so that they are made safe from frost and other damage. A wall or other support for the meter and piping shall not be considered an obstruction. The meter may not be installed in any manner or location differing from the above standards without prior approval of the Public Works Superintendent. In case of refusal and neglect to set or protect a meter as herein required the Public Works Superintendent or its duly authorized agent shall refuse to turn on water, or if water has been turned on it shall be turned off until the consumer shall have complied with said requirements. Existing meters shall be exempt from obstruction-free area and height requirements, but must be brought into compliance by the owner when plumbing work by the owner requires replacement or relocation of the meter, or if the Public Works Superintendent determines that the meter is a safety issue for City personnel.

Subd. 7. Meter Maintenance/Replacement. Where repair or replacement is made necessary by act or neglect of the owner or occupant of the premises it serves, any City expense caused thereby shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and the amount charged is paid.

Subd. 8. Meter Testing. When a consumer complains that the bill for any past service is excessive, the City shall have the meter reread on request. Such adjustment, if any, shall not extend back more than one quarter billing period from the date of the written request.

Subd. 9. Metered Lawn Sprinkler Systems for Commercial Accounts. All commercial accounts shall have a sprinkler system tee installed just past the shut off valve inside the building. This tee will allow the addition of a separate water meter for lawn sprinkler systems. If the property owner elects to meter their sprinkler system, the separate meter shall be purchased at the property owner’s expense from the City and installed under the supervision of the Superintendent of Public Works. Sanitary Sewer use charges will not apply to water metered for lawn sprinkler systems. If the property owner elects not to meter their sprinkler system, the property owner must sign a waiver to be filed with the City Clerk confirming that they have elected not to install a separate meter for their lawn sprinkler system and that they will not dispute their City sewer bill based upon the lack of a separate water meter for sprinkling.

Subd. 10. Charges, A Lien. The water and sewer use charges levied pursuant to this section shall be a lien against the property, and all such charges due on September 30 of each year, more than fifteen (15) days past due, and having been properly mailed to the occupant or owner of the premises, shall be certified by the City Clerk-Treasurer to the County Auditor between the first and tenth day of October of each year and the City Clerk-Treasurer so certifying such charges to the County Auditor, shall specify the amount thereof, the description of the premises, the name of the owner thereof, and the amount so certified shall be extended upon the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer and paid to the City, along with other taxes.

SECTION 3.81 STORM WATER UTILITY

Subd. 1: The purpose is to provide a funding mechanism for the following services:

(a) The administration, planning, implementation, and maintenance of storm water Best Management Practices (BMP’s) to reduce the introduction of sediment and other pollutants into local water resources.

(b) The administration, installation, operation, maintenance and replacement of public drainage systems.

(c) Activities necessary to maintain compliance with the National Pollutant Discharge Elimination System (NPDES) Permit requirements established by the U.S. Environmental Protection Agency, including preparation, implementation and management of a Storm Water Pollution Prevention Plan (SWPPP) to address the following control measures:

(1) Public education and outreach on storm water impacts.

(2) Public involvement/participation.

(3) Illicit discharge detection and elimination.

(4) Construction site storm water runoff control.

(5) Post-construction runoff control in new development and redevelopment.

(6) Pollution prevention for municipal operations.

(d) Other education, engineering, inspection, monitoring, testing and enforcement activities as necessary to maintain compliance with local, state and federal storm water requirements.

Subd. 2. Establishment of a Storm Water Utility. There is hereby established a public utility to be known as the Storm Water Utility for the City of Sauk Rapids. The Storm Water Utility shall be operated as a public utility pursuant to the City Code and applicable Minnesota Statutes. The revenues derived therefrom shall be subject to provisions of this Section and Minnesota Statutes Section 444.075. The Storm Water Utility shall be part of the Public Works Department and shall be administered by the Public Works Director. This Ordinance shall apply to the entire City of Sauk Rapids.

Subd. 3. Definitions. Unless the context specifically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings herein-after designated.

A. Surface Area. “Surface Area”, referred to herein as “SA”, shall be the area of the parcel in acres, subject to any standardization, adjustments or exceptions outlined in this ordinance.

B. Land Use. The “Land Use” for a given parcel shall be the “tax classification” for that parcel on record at the Benton County Recorder’s Office, or other land use classification that is updated by the City Zoning Officer.

C. Residential Equivalency Factor. “Residential Equivalency Factor”, referred to herein as “REF”, is the ratio of the volume of runoff generated by the Surface Area of a particular land use to the Surface Area of a detached single-family land use. Runoff determination shall be based on a 2-inch rainfall and Natural Resources Conservation Services (NRCS) “Type B” soil conditions. The REF for various land uses within the City shall be as set forth in the table below.

Land Use REF

Single-Family Residential 1.00

Multi-Family Residential, Church property 2.72

Institutional: Schools 3.30

Industrial 3.30

Commercial 4.23

Public 4.23

Parks, Open Spaces, Cemetaries, Vacant Exempt

Road Right-of-Way Exempt

Lakes, Streams, Wetlands Exempt

Agricultural, Undeveloped Exempt

The REF for Land Uses not listed above shall be determined by the City Engineer based on probable hydrologic response.

D. Unit Rate. “Unit Rate”, referred to herein as “UR”, is the rate in dollars per acre to be charged per one (1) REF.

Subd. 4. Rates and Charges.

A. Establishing Unit Rates: The City Council shall from time to time, by resolution, establish the Unit Rate for each REF. The Unit Rate so established shall be on file with the City Administrator/Clerk and shall be used to compute the charges for a given parcel of land based on the following formula:

Storm Water Charges = (UR) x (REF) x (SA)

B. Standardized Charges. The following rules shall apply for the purpose of simplifying and equalizing charges:

(1) A standard Surface Area of 0.28 acres shall be used for detached single-family homes and for patio homes.

(2) A standard Surface Area of 0.28 acres for each unit shall be used in computing storm water charges for the following multi-family dwellings: duplexes, twin homes, townhouses, and detached townhouses. (For example, a parcel that contains four townhouse units shall have a Surface Area computed as follows: 4 units x 0.28 acres/unit = 1.12 acres).

(3) Parcels subject to these standardized charges shall not be eligible for Adjustments to Charges or Adjustments to Area as set forth elsewhere herein.

C. Adjustments (Credits) to charges. A system of credits, which may reduce the stormwater charge that is imposed, as provided for above, is hereby established. A credit shall be granted for developed or undeveloped property pursuant to the rules provided for herein. The city engineer shall, pursuant to the rules provided for herein, grant a credit to those owners or non-owner users of properties, against which stormwater charges are imposed, who employ structural or non-structural BMPs or other stormwater management practices on-site that significantly reduce the quantity or improve the quality of stormwater runoff from their property that enters the system. The city engineer shall propose rules providing guidelines for the awarding of credits. The Council shall approve, or approve as modified, these rules for the awarding of credits. The rules shall be consistent with this section.

The City Council may by resolution adopt policies providing for the adjustment of charges for parcels or groups of parcels based upon hydrologic response substantially different from the REF being used for the parcel or parcels. Such adjustment shall be made only after receiving the recommendation of the City Engineer, and shall not be made effective retroactively. If the adjustment would have the effect of changing the REF for all or substantially all of the land uses in a particular classification, such adjustment shall be accomplished by amending the REF table in Subdivision 2 of this ordinance.

D. Adjustment to Area. The total parcel area as shown in the City Assessor’s records will be used to calculate the Surface Area for a given parcel, except that apparent errors in the recorded values may be subject to recalculation by the City. It is the responsibility of the owner or manager of any parcel to provide the City with necessary surveys, and other information as the City may reasonably request, to determine if a parcel, or portion of a parcel, qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments will be reviewed after receipt of all requested information. Exceptions and/or adjustments must be approved by the City Engineer and Public Works Director, and shall become effective the beginning of the next billing cycle following approval.

E. Exceptions. The following land uses are exempt from the Storm Water Utility Fees established herein: 1) public street right-of-way, 2) wetlands and public waters as defined by state law, 3) ponds designated and used exclusively for storm water retention or treatment purposes up to the 100-year flood elevation, 4) undeveloped parcels, 5) publicly-owned park lands, natural areas, and recreational fields, 6) railroad right-of-way, 7) cemeteries, 8) and unsewered parcels situated within the AG (Agricultural) zoning district of the City.

F. Falsification of Information. Willful failure to provide information that the City may reasonably request related to the use, development and area of a premise, or falsification of such information, shall constitute a violation of this Ordinance.

G. Estimated Charges. If, for any reason, precise information related to the use, development or area of a premises is not available, then Storm Water Utility Charges for such premise shall be estimated, and billed, based upon information then available to the City.

H. Billing Method. Storm Water Utility Fees will be computed and collected by the City together with other City utility fees, in accordance with the procedures set forth in Section 3.80, Subd. 5, of this Code.

I. Delinquent Accounts. Delinquent and unpaid storm water utility fees may be certified to the County Auditor for collection with real estate taxes during the following year or any year thereafter in the manner prescribed in Section 3.80, Subd. 10, of this Code, pursuant to Minnesota Statute 444.075, Subdivision 3.

J. Appeal: If a property owner believes that the fee charged a particular property is incorrect, she/he may request review and re-computation of said fee.

SECTION 3.82 STREET LIGHT UTILITY

Subd. 1: Authority & Purpose. Minnesota Statutes Section 429.021 authorizes cities to install, replace, extend & maintain street lights & street lighting systems & special lighting systems. The City Council has determined that in order to promote the general health, safety & welfare of the citizens of the City, it is in the best interest of the citizens that the City operate & maintain a City street lighting system utility & has further determined that the operation & maintenance of such utility benefits each & every property within the City. The City Council has therefore determined that it is fair, appropriate & reasonable that the costs of such operation & maintenance be paid on a fair & reasonable basis by all of the property in the City so benefitted & the cost should be charged & collected from all such benefitted property, except for those exempted in Subd. 4.

Subd. 2: Street Light Utility Established. The City of Sauk Rapids hereby establishes a Street Light Utility. The system consists of all street lighting facilities owned by the City & all street lighting facilities for which the City purchases & supplies electrical energy. The operation of such utility shall be under the supervision of the Public Works Director.

Subd. 3: Definitions. Unless the context specifically indicates otherwise, the following terms as used in this ordinance shall have the meanings designated.

A) Areas Served by Standard Street Lighting Systems. This includes portions of the City where street lights are installed at intersections only or are spaced more than 400 feet apart.

B) Areas Served by Enhanced Street Lighting Systems. This includes portions of the City where the standard street lighting system has been upgraded or enhanced to include any of the following:

(1) Mid-Block street lights spaced less than 400 feet apart

(2) City-provided alley lights

(3) Ornamental or decorative street lights

(4) Whiteway street lights (in commercial & industrial areas only)

C) Unit Area. Unit Area shall be determined by the following formula:

(1) Divide the area of a parcel (expressed in square feet) by 20,000.

(2) The minimum Unit Area (UA) for any parcel shall be 1.0. The maximum Unit Area for any parcel shall be 50, excluding multi-family.

Subd. 4: Rates & Collection of Fees

A) Rates & Charges: Every property within the City shall be charged for a fair & equitable share of the cost to provide, operate & maintain the City-wide street lighting system. The City Council shall from time to time by resolution, change the unit area rate for each area served. Charges shall be apportioned according to property use & service level as follows:

(1) Areas Served by Standard Street Lighting Systems:

Land Use Monthly Charge

Single-Family, patio homes, townhouse, duplex residential, detached $2.40 per parcel

Townhouse, twin-home & vacant residential.

Multi-family residential containing three or more attached dwelling Developed parcels:

Units including Dormitories & Nursing Homes, Manufactured Home $1.20 per unit

Parks. Excluded from 50 UA maximum. Undeveloped parcels:

UA x $2.40 per parcel

Schools, Daycare Facilities serving 16 or more persons & Religious UA x $2.40 per parcel

Institutions, Other Institutional, Commercial Industrial, Hospital,

Medical District & Other uses.

(2) Areas Served by Enhanced Street Lighting Systems:

Land Use Monthly Charge

Single-Family, patio homes, townhouse, duplex residential, detached $3.60 per parcel

Townhouse, twin-home & vacant residential.

Multi-family residential containing three or more attached dwelling Developed parcels:

Units including Dormitories & Nursing Homes, Manufactured Home $1.80 per unit

Parks. Excluded from 50 UA maximum. Undeveloped parcels:

UA x $3.60 per parcel

Schools, Daycare Facilities serving 16 or more persons & Religious UA x $3.60 per parcel

Institutions, Other Institutional, Commercial Industrial, Hospital,

Medical District & Other uses.

(3) All Other Areas:

Land Use Monthly Charge

All types $1.20 per parcel

B) Collection of Fees: Street Lighting Utility charges may be billed & collected on an annual, quarterly, bi-monthly or monthly basis as determined by the Finance Director. Land owners that currently do not have an active Utility Billing account may be billed in less frequent billing cycles such as quarterly, semi-annually, to be determined by the Finance Director.

C) Exemptions: The following land uses are exempt from the established Street Light Utility Charges.

(1) Public street right of way

(2) City owned land

(3) Railroad right of way

(4) Cemeteries

D) Penalty for Late Payments: A penalty in the amount of Ten Dollars ($10.00) shall be added to all utility accounts not paid in full by the due date. The penalty for late payment shall be added to the balance for which the account remains unpaid.

E) Certification of Past Due Surcharges on Taxes: Any past due Street Light Utility charges may be certified to the applicable County Records Office for collection with real estate taxes in the following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action or take other legal remedies to collect the unpaid surcharges.

F) Rate Adjustments: At the request of the property owner or manager, the Public Works Director may review the Street Light Utility rate applied to a premise & may adjust that rate if in his/her opinion it is appropriate to do so. It is the responsibility of the owner or manager of the premises to provide the City with any requested information related to the use, occupancy or development of the premises to facilitate the rate review & determination. Failure to provide or falsification of such information shall constitute a violation of this ordinance.

This Ordinance shall be effective January 1, 2015.

Passed by the Sauk Rapids City Council September 8, 2014.

SECTIONS 3.83 THRU 3.99 RESERVED FOR FUTURE USE