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08/13/2002 - City Council Special1 ~_ 1~~." 1. AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY AUGUST 13, 2002 5:30 P.M. CITY HALL COMMUNITY ROOM I. ROLL CALL & AGENDA ADOPTION II. VISITORS TO BE HEARD III. REVIEW CEDAR GROVE DESIGN STANDARDS IV. PRESENTATION BY DAKOTA COUNTY PARKS RE: METHODS TO IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT V. CONSIDER ORDINANCE AMENDMENTS FOR UTILITY FRANCHISES VI. OTHER BUSINESS VII. ADJOURNMENT . :t ~ ,y..,c- MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 9, 2002 SUBJECT: SPECIAL CITY COUNCIL MEETING /TUESDAY, AUGUST 13, 2002 A Special City Council meeting has been scheduled for Tuesday, August 13 at 5:30 p.m. in the City Hall Community Room. Those items to be discussed include; 1) Cedar Grove design standards, 2) a presentation by Dakota County Parks on low impact development, and 3) ordinance amendments for utility franchises. CEDAR GROVE DESIGN STANDARDS The City Council Committee for Cedar Grove Architectural Design Standards that includes City Councilmembers Bakken and Tilley will be meeting on Monday, August 12, to review and discuss the draft design framework prepared by the City's consultant Dahlgren, Shazdlow and Uban. Any changes the Committee recommends will be incorporated into a revised draft document that will be presented and reviewed by the full City Council at the special meeting to be held on Tuesday, August 13. DIRECTION TO BE CONSIDERED: To provide direction to the City's consultant regarding Cedar Grove architectural design standards. COUNTY PRESENTATION /IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT AND RELATED STORM WATER FEES The first part of this item was scheduled for the Tuesday, July 9, Special City Council meeting, however, a request was made by the Dakota County staff that this item be continued until the August work shop. Representatives of the Dakota County Pazks Department have requested time to meet with the City Councils throughout Dakota County to provide a brief presentation on improving water quality and reducing water quantity through low impact developments. The presentation consists of Non-point Education for Municipal Officials (MEMO) and is modified for each city to include relevant areas that are applicable to NEMO's philosophy and methods. This is an opportunity for the City Council and staff to support certain types of water quality and quantity initiatives, not only adjacent to Dakota County park land, but also in azeas like the Cedar Grove redevelopment, areas adjacent to the Nicols-Fen in the Minnesota River Valley and other environmentally sensitive azeas. On the second related matter, County representatives would like also like to discuss with the Council the possibility of defemng the development related storm drainage fees associated with their building permit for the new Visitor's Center to be constructed at Schultz Beach. Enclosed on page y~ is a background memo regarding this issue. DIRECTION TO BE CONSIDERED: To provide direction or take under advisement the various water quality and quantity related issues for development adjacent to and within Dakota County park land and the trunk area storm drainage fees for the Visitor's Center Building permit. CONSIDER ORDINANCE AMENDMENTS FOR UTILITY FRANCffiSES Recently, the City has adopted right-of--way management policies and related ordinances to regulate and manage the installation and maintenance impacts of private utilities on public rights-of--way. Currently, all but one of the many private utility companies need to have their franchise agreements renewed and updated through an ordinance amendment process. Staff would like to review with the Council some of the major issues that will surface during this negotiation process. It would be very helpful for staff to receive som directives and /or policy guidelines that can be followed during this process. Enclosed on pages through ~_ is a memo from the Public Works Director providing some background i ormation along with a sample ordinance. DIRECTION TO BE CONSIDERED: Provide direction regarding issues necessary to draft new franchise agreements and related ordinance amendments for private utility companies. /s/ Thomas L. Hedges City Administrator a iL ~ ~~ ' city of eagan MEMO TO: MAYOR & COUNCILMEMBERS THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: AUGUST 9, 2002 SUBJECT: DAKOTA COUNTY LEBANON HILLS REGIONAL PARK VISITOR'S CENTER -PERMIT FEES (STORM DRAINAGE CONNECTION) Dakota County is in the process of a substantial development program for the Lebanon Hills Regional Park. Many of these capital improvements are located within the City of Eagan. Recently, an application has been submitted to construct a Visitor's Center along the entrance road to Schultz Lake Beach. This visitor's center plans to connect to the City's sanitary sewer and water main system near the intersection of Cliff Rd. and Oak Pond Rd. As part of the City's permit issuance process, a research is done on all development applications to determine if all related and pertinent trunk azea fees have been paid for the connection to and use of these municipal utilities. This research has indicated that Dakota County has not paid any of these trunk area utility fees for this area of Lebanon Hills Regional Pazk. While the connection fees for the sanitary sewer and water main services are pretty straight forwazd, the trunk area storm drainage is not. Dakota County has long tried to implement a development and maintenance policy of trying to contain their surface water runoff within their pazk boundaries and not connect to our overall master trunk drainage system, and thereby not participate in the cost of constructing or using our system. However, over the past several yeazs, the County has not been able to contain their runoff within their boundaries, and the City has had to respond on numerous occasions on an emergency basis to assist and accommodate their overflows through our system, with no payments or reimbursements made to date. They have been working on a master drainage plan for the entire park for the past several yeazs to determine how best to handle the surface runoff from both a quantity and quality perspective. While the County's intention still remains to try and not connect to our system; it doesn't appear practical or feasible based on past history and given the proposed development plans. Subsequently, the City staff have stated that the County must pay the related trunk azea storm connection fees with all future building permits (similaz to any other development) absent any agreement to the contrazy that properly addresses their financial obligation of using the City's trunk drainage system in the past or in the future. They have informed us that they have not budgeted for the calculated $75,000 for the visitor's center permit and would like to request the City Council to defer/delay this payment until they complete their own master drainage plan which will be used to determine their overall needs and related fmancial obligations. A footing/foundation permit has already been issued while the respective staffs have tried to address this issue. A County representative will attend the Special Council Workshop to present and discuss this request with the Council and respond to any questions they may have. 3 ctty of eagan TO: MAYOR & CITY COUNCIL MEMBERS THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: AUGUST 9, 2002 SUBJECT: CITY COUNCIL BRIEFING /UTILITY FRANCHISES The purpose of this memo is to provide the City Council with updated information related to City of Eagan Franchises with Utility Companies currently occupying City rights-of--way. BACKGROUND Local governments have long provided public rights-of--way largely for public transportation. Over time, these rights-of--way also became logical locations for a number of quasi-public (aka "private") utilities (gas, telephone, electric, etc). Because these private utilities were generally considered to be in the public interest and, over time, many of them became regulated monopolies, they were permitted to occupy the public rights-of--way along with local municipal utilities such as sewer, water and storm drainage facilities. Historically, most of the utilities within the public rights-of--way, with the exception of tele- communications, have been subject to franchises with the City of Eagan. Franchise Agreements included general standards concerning the location of equipment and restoration, along with maintenance, construction and rehabilitation responsibilities. During 2000-2001, City staff worked very successfully with private utility and telecommunication representatives to develop a Right of Way Ordinance and Right of Way Management Program for the City of Eagan. The new Right of Way Ordinance is structured in a way that gives the City the necessary authority to properly manage all private utility facilities located in local rights of way. That very important step was necessary to set the stage to renew/renegotiate several franchises with the many private utility companies who serve Eagan's citizens. ISSUE During the last several years, deregulation of the telecommunication industry introduced a substantial number of additional service providers wanting to occupy the rights-of--way. The City of Eagan, along with all public agencies, has been busy managing the challenges involved in accommodating these new service providers. At the same time, organizations such as the League of Minnesota Cities (LMC), the Suburban Rate Authority (SRA), and the City Engineers 4 Association of Minnesota (CEAM) have been working with legislators and State agencies to incorporate the latest broad municipal statutory franchise rights into a model franchise ordinance. The City's staff and Attorney's office have adapted the LMC Model Franchise Ordinance into a format that can be utilized effectively for our community. The City of Eagan needs to renew franchises with the following utility providers operating within the City: • Xcel Energy (formerly NSP) -Electric • Xcel Energy -Gas • Dakota Electric Association -Electric • Aquila (formerly Peoples Natural Gas) -Gas • Reliant Energy/Minnegasco -Gas • Williams Pipeline Company -Gas, Fuel & Fiber (The City also has a current franchise with Northern Natural Gas that may need revisions.) As the City considers these franchise renewals, it is also the appropriate time to address several issues that have begun to challenge the co-existence of the City and these service providers in the City's rights-of--way. • Private utilities have become a serious burden both physically and financially as the City deals with ongoing local public improvements. Examples: o A much larger number of utility service providers are occupying the City's rights- of-way than in the past. Public improvements (upgrading or building new roads) have become logistical nightmares critically dependent upon timely cooperation with utility companies who must identify and locate their equipment/facilites prior to the final plan design bidding process and then meet critical schedules during construction. o More and more utility conflicts are costing the City money when they don't coordinate or respond to their construction/relocation obligations. Specifically, relocation of Great River Energy equipment incorporated in the Lexington Avenue upgrade has cost the City $31,422 to date. Utility relocations for the Lone Oak Road upgrade cost the City approximately $125,800. The City expects to have to pay approximately $26,000 related to utility relocation issues for the current Dodd Rd. improvements. Another $21,000 in costs were incurred for utility relocations along Central Parkway. These costs are in addition to staff resources expended to deal with the associated challenges by these utility companies. • The City needs better and timelier cooperation from private utilities in the process of day-to-day facility locates and relocation of equipment when needed. Recent new legislation will allow contractors to process claims against cities for delays caused by private utility companies. • The City would like to address the ongoing need for more City beautification efforts (buffer/landscaping amenities) related to private utility infrastructure located above ground. • The City may want to identify funding sources to offset payments required by private utilities to modify their facilities, such as burying overhead facilities. The City Public Works Staff would like to begin a series of meetings with representatives of Utilities regulated by Franchises within the City. Our intent is to discuss these issues and develop a consensus about how we might move forward in the future to address these and other potential City concerns.. Along with renewal of expired franchises, the City would like to address the possibilities for funding to offset the aforementioned costs. FUNDING POSSIBLITIES In Minnesota, franchises are negotiated and take the form of a contract set forth in an ordinance. Cities have the right to require franchises and to include certain terms, conditions, and requirements including franchise fees. Historically, utilities have expressed opposition to the implementation of franchise fees even though they are typically passed through to customers. The League of MN Cities suggests caution in dealing with franchise related fees saying, "Cities must be careful to gauge the level of local acceptance or resistance to their exercise of their full franchise rights under the law". The City would like to explore this option or other possibilities of recovering costs related to utilities operating within our rights of way. Attached to this memo is a DRAFT of a generic utility gas franchise ordinance that was prepared by our City Attorney's office. Following input from our Council, we would like to meet with utilities and telecommunication providers to address the City's concerns. As always, I would be more than happy to provide any additional information you may need. Respectfully submitted, Director of Public Works TAC/TES Attachments: Draft Franchise Ordinance C: Russ Matthys, City Engineer Tom Struve Public Works Coordinator Arnie Erhart, Superintendent of Streets and Equipment Wayne Schwarz, Superintendent of Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA GRANTING A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSNE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRNATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF EAGAN, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of EAGAN, DAKOTA County, Minnesota, ordains: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following terms listed shall have the following meanings: City. The City of Eagan, County of Dakota, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by the City or agency thereof, including sanitary sewer, storm sewer, water service, street Lighting and traffic signals, but excluding facilities for providing heating, electric, gas, or other forms of energy. 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. Company. , a corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the gas facilities subject to this franchise. Gas facilities. Gas facilities means anything tangible, including equipment, which is required to provide utility gas service. Public Right-of--Way. As defined in Eagan City Code, Section 7.06 as amended from time to time. Utility Service. As defined in Eagan City Code, Section 7.06 as applicable to the gas energy utility service. SECTION 2. GRANT OF FRANCHISE. 2.1 Grant of Franchise. The City hereby grants Company, for a period of 20 years from the effective date this Ordinance, the right to import, manufacture, distribute and sell gas for public and private use within and through the territorial 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 right of ways, subject to the provisions of this Ordinance and the public right-of--way regulations as applicable to utility services as set forth in the City Code. The 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 requirements and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the effective date of this Ordinance. If the Company does not file a written acceptance with the City within 60 days after the effective date of this Ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service with the City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If the City or Company asserts that the other 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 shall jointly select a mediator to facilitate fuurther discussion. Mediation must occur within 90 days after selection of the mediator. The parties will equally share the fees and expenses of the mediation. if the parties are unable to agree on the selection of a mediator or are unable to resolve the dispute within 90 days after first meeting with the selected mediator, either party may commence an action in Dakota County District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. The mediator shall not be permitted to testify and no evidence of statements or documents used in the mediation shall be admitted in the district court action. 2.6. Continuation of Franchise. If the City and the 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 90 days after the City or the Company serves written notice to the other party of its intention to terminate the franchise. However, in no event shall this franchise continue for more than one year after expiration of the 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 right- of-ways and so as not to disrupt normal operation of any City Utility System. Gas facilities shall be located on public right-of--ways as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of gas facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its public right-of--ways under state law and the City public right-of--way regulations set forth in the Eagan City Code. 3.2. Street Openings. Company shall not open or disturb the surface of any public right-of--ways for any purpose except in accordance with the public right-of--way regulations as set forth in the City Code. 3.3. Restoration. After undertaking any work requiring the opening of any public right- of-way, the Company shall restore the public right-of--way in accordance with Minnesota Rules, part 7819.1100 and the public right-of--way regulations set forth in the Eagan City Code and other applicable City Code provisions. 3.4. Avoid Damage to gas facilities. The Company shall take reasonable measures to prevent the gas facilities from causing damage to persons or property. The Company shall take reasonable measures to protect the gas facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company shall take protective measures when the City performs work neaz the gas facilities, if given reasonable notice by the City of such work prior to its commencement. 3.5. Notice of Improvements to Streets. The City shall give Company reasonable written Notice of plans for improvements to public right-of--ways where the City has reason to believe that gas facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (ii) the public right-of--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 right-of--way is involved, the order in which the work is to proceed. The notice provided to Company shall set forth a reasonable length of time, considering seasonal working conditions, and the City's need to complete its public improvement projects in a timely manner in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its gas facilities the Company or City deems necessary. 3.6 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its gas facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100 and Eagan City Code public right-of--way regulations. 9 SECTION 4. RELOCATIONS. 4.1. Relocation in Public Right-of--Ways. The Company shall comply with Minnesota Rules and Eagan City Code public right-of--way regulations and other City Code provisions. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company gas facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as amended from time to time. SECTION 5. INDEMNIFICATION AND LIABILITY. 5.1. Limitation of Liability. Upon the effective date of this Ordinance, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the Company or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by the Company or its agents. 5.2. Indemnification. Company shall indemnify and keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a public right- of-way, whether or not any act or omission complaint of is authorized, allowed or prohibited by permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing any permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. 5.3. 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. The 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 limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC RIGHT-OF-WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a public right-of--way. The City and the Company shall comply with Minnesota Rules and 4 ~O applicable provisions of Eagan City Code right-of--way regulations and other City Ordinances consistent with law. SECTION 7. 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 8. FRANCHISE FEE. 8.1. Form. During the terns of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a fonmula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company-proposed franchise fee formula and each review will not delay the implementation of the City-imposed fee. 8.2. Separate Ordinance. The franchise fee shall be imposed upon a duly adopted by resolution by the City Council, which resolution shall not be adopted until at least thirty (30) days after written notice enclosing such proposed resolution has been served upon the Company. The fee shall become effective ten (IO) days after written notice enclosing such adopted resolution has been served upon the Company by certified mail. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is 5 '' subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 9. ABANDONED FACILITIES. The Company shall comply with applicable provisions of the Eagan City Code public right-of--way regulations, as well as other City ordinances, Minnesota Statutes, and Minnesota Rules, as they may be amended from time to time in connection with any abandoned facilities. 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 Minn. Stat. Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Controlling City Ordinance. In the event any provision contained herein conflicts with any provision of the City's Right-of--Way Ordinance, the applicable provision of the Eagan City Code public right-of--way regulations shall prevail and control. 10.2. 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. 10.3. 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. 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 60 days after the effective date of the amendatory ordinance. 6 1~ ATTEST: By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: -3 CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor