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IC {' Ug 11/ Farmington Water/ W1•ste wat er ......for the regular meeting of the Pub lic Utility Commission of the City of Farmington, Wednesday, February 14, 2018 at 3:00pm in the Executive Conference Room at City Hall, 800 Municipal Dr ., Farmington, New Mexico. I. GENERAL A. Roll Call B. Convening of Meeting by Dr. James Spence, Chair C. Minutes of January 10, 2018 regular meeting submitted for approval .... .. . 1 II. BUSINESS A. Customer Service Report- Nicki Parks (5) ............................... .. ............... 2 B. Water/Wastewater Report- Jeff Smaka (5 min) .......... ............ ........... ...... 3 C. Water/Wastewater Operations Report - Ron Rosen (5 min) .. .... .............. . 4 D. Kirtland Franchise Agreement - Hank Adair (5 min) .................................. 5 Action Item: Recommend City Council Adoption of Agreement E. Solar Project - Hank Adair (20 min) .. .. .. ..................................................... 6 Opportunity for Public Comment PUC Action Item: Recommendation to City Council regarding one of three options of FEUS solar Project F. Electric Utility Report- Brandon Hill (5 min) ........................ .. ................... .. 7 G. Director's Report- Hank Adair (5 min) ....................................................... 8 Ill. ADJOURNMENT The next regular meeting will be on March 14, 2018 The City of Farmington wi ll make every eff ort to provide r easonable accommodations for people with disabilities who wish to attend a public meeting. If you need to r equest that an accommodation be made, please notify the Electric Administration office (599-1160) at leas t 24 hours prior to the meeting.

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Page 1: IC - fmtn.org

IC { 'Ug 11/ Farmington Water/ W1•stewate r

..... . for the regular meeting of the Public Utility Commission of the City of Farmington, Wednesday, February 14, 2018 at 3:00pm in the Executive Conference Room at City Hall, 800 Municipal Dr., Farmington, New Mexico.

I. GENERAL

A. Roll Call

B. Convening of Meeting by Dr. James Spence, Chair

C. Minutes of January 10, 2018 regular meeting submitted for approval ....... 1

II. BUSINESS

A. Customer Service Report- Nicki Parks (5) ............................... .. ............... 2

B. Water/Wastewater Report- Jeff Smaka (5 min) .......... ............ ........... ...... 3

C. Water/Wastewater Operations Report - Ron Rosen (5 min) .. .... .............. . 4

D. Kirtland Franchise Agreement - Hank Adair (5 min) .................................. 5 Action Item: Recommend City Council Adoption of Agreement

E. Solar Project - Hank Adair (20 min) .. .. .. ..................................................... 6

Opportunity for Public Comment

PUC Action Item: Recommendation to City Council regarding one of three options of FEUS solar Project

F. Electric Utility Report- Brandon Hill (5 min) ............................................... 7

G. Director's Report- Hank Adair (5 min) ....................................................... 8

Ill. ADJOURNMENT

The next regular meeting will be on March 14, 2018

The City of Farmington will make every effort to provide reasonable accommodations for people with disabilities who wish to attend a public meeting . If you need to request that an accommodation be made, please notify the Electric Administration office (599-1160) at least 24 hours prior to the meeting.

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DOARD OF PUDLIC UTILITY COMMISSION

The regular meeting of the CITY or FARMINGTON BOARD OF PUDLIC UTILITY COMMJSSIONERS was helu Wednesday, Junuary 10, 2018 ul 3:00 p.m., in the Executive Conference Room at City Hall, 800 Municipal Dr., Farmington, New Mexico in full conformity with the laws and ordinances of the Mtmicipality.

GENERAL

Commission members present:

Commission members absent:

City personnel present: Electric Utility Din:ctor Electric Deputy Director Electric Generation Manager Electric T&D Electric T&D Elcctric T&D Electric T&D Electric Compliance Electric EMS/SCAD A Electric Engineering Electric Flusincss Operations Electric Customer Service J'ublic Works Department Public Works Department OM!/Cll2Mllill 0 Ml/CH2MHill Administrative Services Accounting Administrative Services Accounting City t\ ttorney PIJC Secretary

Ouests: David Fos<.leck. Hannah Grover, Farmington Daily Times

Jumes Spence Jeff Parkes Marty Johnson ()onion Glass Carol Cloer Bill Hall Chris Hunter Joanne Duck wit:;: Alex Uhl

Rubin Armenta Bill Standley Tory N. Lursen

Hank Adair Rodney Romero Orilt Chesnut Luk.e Lugenbeel Dan Anglin Chuck Johnson Ward Allies Linda Jacobson-Quinn Jesse Keller John Armenta Onmdonllill Nicki Parks David Sypher .Jt:fl" Srnaka Ron Rosen Teresa Brevik Andy Mason Shen:t: Wilson Jennifer l.lreukell Amy McKinley

Chair Spene<:: calleu the meeting lo order ut 3:00p.m. with n quorum present to conduct business of the Commission.

Chair Spence asked for a motion lo approve th e Minutes of the J.)ecember 13, 2017 regular l'UC meeting. Commissioner Hunter made the motion to approve the M inutes as presented; Commissioner Johnson seconded the motion and upon voice vote the motion passed unanimously.

Commissioner llun!er wanted lo slate for the record that J'UC Secretary Amy McKinley superbly prepares the Minutes of the l'ublic Utility Commission meetings and the he appreciates that his statements arc accurately portrayed within the Minutes.

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llUSINESS

Water/Wastewater Report: Regarding the Wildflower !'ark way 41' Pump Station, Mr. Smnka s lated Mr. Sypher Public Works Director, continues !o work fina liz ing lh~ purchase of the property for this station.

Mr. Smaka outed that snuv.-pack tor the Animas River Basin is a l 27%. Commissioner Glass asked if there is a process in place to ration water if the snow pack docs not improve. Mr. Smaka noted there is a city ordinance tl1at deta il!' the processes needed when .farmington declares it is in a drought situation.

Water/\\'astcwHtCJ' Operations Rcpo•·t: Mr. Rosen introduced Teresa Brevik, Water/Wastewater Operations Manager to the Commission and noted that Ms. Brevik will upon occasion attend PUC meetings. Ms. Brevik noted the Animas River graph in your packet uses illfbrmation gathered fi·om the Aztec gauge. This month's report shows river flow is normal for this time of year. Ms. llrevik said lake capacity is at 1\ I%. The levels were lowered a bit due to maintenance pn~jecls however, these projects are now complete and the lake is currently at approximately 90%.

Mr. Rosen rt:por!ed lh~ inslallaliun uf 11 new meter~ in December 20 17 and rt:pairs were made to 10 water mains and 17 water service lines in Occcmber 2017.

Chair Spence asked abour the water main break at the inter~ectio ll of East Main Street and Pinon Hills Rlvd. Mr. Rosen snid be was quite proud of OMI crews as they worked to make this repair. He said this was a large break and TRC Construction was brought in to assist with repairs. Mr. Rosen said the majority of customers d id continue to have wnler during the repair process.

Commissioner Hunter referred to the minutes from l)ecember noted the NMEl> auditors would be onsitc. He reiterated his desire to sec the report fi·om th is audit process. Commissioner I lunter said it would he nice to have a visit of the Water Plants and tllc l'eJm y Lane area.

Vice-Chair Parkes asked for clarification on the lake lev<? IS as two different percentages were discussed. Mr. Rosen noted !hal ul the time the report w~ts prepttred, lakt: leveb were at 82'Yc. hut as of this meeting date the lake level had ri sen to 94%.

Tl'ansmission & OislriiJUiion Update: Luke Lugenbccl, T&D Manager provided an informational presentation providing an overview of the major assets oftlle T&D division. Mr. Lugenbeel introduced the management staff ofthe T &D division: Dan Anglin, Technical Sc1viee Superintendent, participated in providing this presentation; Mr. Ward Allies, T&O Maintenance Superintendent, und Mr. Chuck Johnson, T&D Construction Superintendent were also in attendance.

Tbe T&D presentation offer~<.! ddails regarding the major IISSets of the T &D division. Mr. Anglin provided a review of the llcwly formed Substation Group. He offered inlbrmation about the utility's newest substation, San Juan Substation. Mr. Anglin noted that of the 35 FEUS Sub~tations/Swilch ing Stutions, 28 of thest: substations are audilable according to NERC regulations.

Mr. Anglin noted the goals of the Substat ion Group are to prevent ca tastrophic fllilnrc of critical assets and improve reliability through a comprehensive prevcntativclprcdictlvc maintenance program.

Commissioner U!JI asked about how the batteries are chargtd a t the various stations. Mr. Anglin said rectifiers are located at each subs!ution to keep the bal!eries charged.

Commissioner Hunter conunen!t:d that he appreciated the preventative maintenanct: processes in place. He asked !hal the .Subslution Group work toward u compu!t:r program !o measure maintenance items similar to that used by OMI.

Commissioner Cloer said she was impressed with the report and appreciates fEUS's focus on preventativt: maintt:nance.

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Commissioner Glass said he understands the replacement of old 1 incs hut the maintenance program reviewed in this presentation is a much more complt:x program. Mr. Lugenbeelnoted maintenance has always hecn performed but with regulations changing FEUS has i mplcmented the use of var inus rt:cord keeping and reporting tools.

Commissioner Glass '\I.-anted to ensure that immc:diate concc:rns can be addressed appropriately and the necessHiy Cllpilal is avai lable to make the needed repai rs. Mr. Lugenbeel stated the utility is financially prepared should urgent repairs be necessary.

Commissioner Hunter said he would lik.e to have a tour of Cottonwood Substation upon its completion.

F.lectric Utility Report: Mr. nrandnn llill, Utility Business Operations Analyst, provided a brief review of the financials of the Electric lJtili!y for November 2017. Mr. Hill noted GWh sales were up approximately 8% overall with Industrial continuing to carry this growth. lie noted that for November 2016 there were 260Wh Sales lndustrial and 30<iWh sales in 2017.

Mr. Hill s11id the PCA remains at $0.00.

Mr. Hill noted Capital Expenditures lhr the mo11th of November showed actual capital expenditures were $1.7 million with a budget of.$2.2 million.

Director's Report: Mr. Adair ttddresseLI the commission regard ing the status of the proposed solar projel:t. He no ted the location is set for just noJth of the Alutlvicw plant lo~ t ion. Mr. Adair reminded the commission bids were received in September, 2017. lie saitl sc:ven bids were received but only six were evaluated hccausc one hid was considered non­responsive. Aids were evaluated by FEU:-l statl: COF personnel and consulting staff from NewGen Strategies and Solutions. Mr. Adair said following the completion of lhe biLl evaluation process, a recommendation was made to the City Council to begin negotiations with the bidder that placed highest in the evaluarion process.

Mr. Adair said he would like to bring information about the bitl negotiation process and ask fur a recommendation from the Commission regarding tile direction to take with this negotiation process at the February 14, 20 '11! meeting. The City Council would like to visit this topic at the February 27, 201 S City Council mct:ting.

Commissioner Hunter asked if there wa.~ no community solar subscription would the city be willing to proceed with the installation of a solar project.

Mr. Adair said the llU' does recommend the installation of 5MW of solar. This allows the utility to enter the solar arena and a community solar subscription option could be offered to customers.

Vice-Chair Parkt:s asked when details related to costs and operating costs will he shared with the commission. Mr. Adair stated he is scheduling one on one meetings for those commissionc::rs able to attend to review the costs, pricing, optionality and which diredion is best to present to the City Council.

Vice-chair Parkes expressed concern about the short amountuf time allowed to make a decision about this solar generation. Mr. Adair said the City Council has suggested the February 27,2018 timeline but an extension of this lime frame for approval can be discus.-;ed.

Commissioner Glass asked Mr. Adair to review briefly \.vhy the utility i.~ moving forward with a solar project.

Mr. ALl air said that within the IHP interest was expressed to add solar to the FEUS generation pnrttillio and the utility has been looking al community solar for some time. The Commission and the City Cuunl:il has upproved a solar project in past hudgcts but the opportunity never come to fruition. Mr. Adair noted the cost lu have a solar project has come down noting the cost is as low as it has ever been. Mr. Adair said the key is to get the right price point and then get the community solar piece for an additional choice to the customer.

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Commissioner G lass asked what would be done with the generated pow~r if il was not subscribed to. Mr. Adair !'>aid if this power is not subscribed and it is done purely as a utility solar proj~t, then the power is purChllsed as a utility as part ofthc Pl' A. If it is unsubscribed it merely becomes a part of the purcha.~e power portfolio.

Commissioner Glass rem inded the commission and the utility and the City Council that it appea rs money is already heing spent stllrt ing this proces.> llDd approximately I 00 citi7.cns who live in Farmington invested in solar power and were rightfully gnmdfathered in under the tariff they were promised hut the decision was made th1tl it would no longer be viable for local people to invest in solar because solar producers were being subsidized. lie said he assumes there are lax credits related co providing solar and he <L~sumes the city would nul receive those tax credits. Mr. Adair said ifthe project is done as a purchase power agreement, the tax c redits could be monetized within the agreement.

Commissioner Glass emphasized tha t the d isagreement with community members investing their own money in producing solar power was considered a s ubsidy to those people and it feels in ~ome wuys residential solar users are at risk of subsidizing FEUS to produce solar energy. Commissioner Glass also stated that if th is project is to have something to show then he feels it is a hit hollow because there are people in this community who were interested, and are interested, in solar. He said the way the rate structure has been redesigned, the option for people to invest in solar hus been taken away and FE!JS customers are now going to puy money ton company in another state to build and service this pr~ject for which the people in foarm ington were willing lo spend their own m oney. Commissioner Glass said the whole idea of subsidy is really hi~ question going forward because FEUS customers llre suhsiui:~:ing FEUS's negotiating and developing of bids and very quickly what will he diswvered is the amount of money rnus spent in this process probably would take cart oflhe subsidy of 100 people for several years.

Mr. Adair responded ti.J.at even with tltc stand by rate, again that is the lines and infras tructure dtat supplies power, there continues tn be a lol of interest in solar installationlllld EEUS has had a significant number of res ident in! and commercial customers install solar since the rate approval. He said the solar choice continues lo require the use of the intrnstructure lbr those limes when the sun is not pro\'iding power.

Mr. Adair also noted the subsidization is the cost ditlcrenee between if the price is higher in the solar bids than what can be bought on the market.

Commissioner Uhl commented that municipal uti lities ure not mandated to install so lar facilities. Mr. Adair confirmed this comment.

C hair Spence said he anticipates tile next meeting could be lengthy and suggests additional time be added to next month's agenda.

Commissioner Cloer suggested it might be wise to project out five years about how the cos ts may change depending on the number of subscriptions.

Vice-Chair l'arkes stated he would benefit from having the thoughts and perspectives of others to become more educated.

Mr. Adair sugg~sted a recommendation to set trp information sessions with commissioners as representatives for their constituents and have discussions regarding what m ight be seen for public input between those time fi·amcs.

Chair Spence asked if any comm issioner wanted to make such a motion. Commissioner Tluntc r made moved that the commission follow the pmcess outlined by Mr. Adair in dtat Mr. Adair will engage in dialoj,rtre with any commissione.r desiring such and Mr. Adair would bring a recommendation to the Commission as to what process needs tu be brought. Commissioner Cloer seconded the mution and upon voice vote the motion passed unanimously.

Regarding other genera tion, the Navajo Hydro plant will be down the IUOllth otTchruary to complete maintenance repair work.

Mr. Adair said the bids received from the RPQ tor the Owner's Engineer for the reciprocating engines project were received and will go through the evaluation process in coming days.

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Mr. Adair said the Oureau of Reclamation Pumping Project, six miles of line to provide power to pumping stations, is on target for completion in April as requested by the Bureau.

Mr. Adair stated FEUS crews were participating through the APPA to provide mutual uide assi:;tance to the US Virgin Islands as the island continues to rebuild following the recent hurricane season. Details for this opportunity continue to be fluid and ifthis opportunity does not come to lhtitiun FEUS will continue to be on the Al'l'A list for willingne:;s to provide mutual aid assistance.

Mr. Adair informed the Commission that Rodney Romero, Deputy Electric Utility Director, will be retiring within the next few days. Mr. Romero took a few minutes to visit with the commission and thank them for their support during his career with the utility.

Commissioner Hunter made a motion that the Couunission affirm and express appreciation f(>r Rodney Romero's 28 years of service t·o the city and the utility. Commissioner Jolmson seconded this motion and upon voice vote the motion passed unanimously.

ADJOUllliMENT

There hcing no further business to come before the Commission, upon motion duly made mtd seconded, the meeting was adjourned at 4:30pm.

Approved this 141h day of February, 2018.

James Spence, MD, Chair

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CITY OF FARMINGTON- PUBLIC WORKS DEPARTMENT (PW) Division: Water-Wastewater I Program: Water & Wastewater Report Prepared by: Jeff Smaka I Title: Water/ Wastewater Administrator Rell_orting Period: January 1 through January 31, 2018 J PUC Meeting Date: 14 February 18

ACCOMPLISHMENTS • Waste Water Treatment Plant. Phase Ill - Construction of WWTP Phase Ill improvements to

provide redundancy at the WWTP and maintain compliance with EPA permit. NMED approved funding the waste water treatment plant upgrade through the Clean Water State Revolving Loan Fund (CWSRF) program. Contract awarded to RMCI Inc. from Albuquerque - $20,303,500; Contractor Mobilized on August 22, 2016; Medium Rate Activated Sludge (MRAS) Basin #1 -MRAS basin placed into service on September 121n, 2017; MRAS Basin #2 - Basin placed into service November 13, 2017. MRAS Basin #3 - concrete placement completed, working on installing miscellaneous metals; Final Clarifier #1 - Placed into service on November 15, 2017; Final Clarifier #2- Placed into service on August 29th; Final Clarifier #3- Placed into service on November 15, 2017; DWAS Tank- Completed installation of DWAS piping, aeration piping, electrical conduits and miscellaneous metals Solids Handling Building- mechanical equipment' electrical and HVAC 85% complete. UV Building- UV equipment and electrical control equipment installation 75% complete.

• 0& M Contract. Operation and Maintenance Contract with CH2M- 8-year contract; 2016-2023. • Utility Rates. Ordinance 2014-1271 adopted by City Council - Nov 11, 2014. Water and

wastewater rates 4rd year increase will begin with first billing cycle in Dec 2017 • Engineering Design Contract.

o 2P Waterline Replacement Project - Phase I • Project funding under DWSRF program through NMED/ NMFA. Plans reviewed and approved by NMED and NMFA, Received permit from NMDOT for construction within US 64 right of way. City Council awarded contract to TRC Construction, Flora Vista, NM for $3,040,950.71; Estimated completion November 2017; On (US 64): waterline installation completed; On (Sandstone) waterline installation completed. Final Project walk through held on November 15, 2017- contractor completed punch list items and working on final pay estimate.

o 2P Waterline Replacement Project - Phase II - US64 - Intersection of Camina Flora to Miller Ave- Estimated Cost $3.6 million, Project funding under DWSRF program through NMED/ NMFA; NMFA board approved a 25% grant recommendation ($898,900)- Project Loan documents completed, HDR design drawings completed; Anticipate project will bid spring 2018.

o 2P Waterline Replacement Project - Phase Ill - Beginning at the intersection of US64/Camina Flora along Bloomfield Blvd to McCormick School Rd., Hutton Ave. from US64 to Southside River Rd., Don Roven from US64 to end of street, Carlton Ave from US64 to Bloomfield Blvd.- Project funding approved by NMED and EPA, Project funding under DWSRF program through NMED/ NMFA; 25% ($725,000) grant recommendation. City Council approved moving forward in the NMFA loan process. Estimated Cost $2.9 million. CWE design drawings are 90% complete.

o LaPiata Highway - Project redesign for water line replacement and NMDOT permitting; staff will be hiring a consultant for this project in FY18.

• Capital Project Review. o Capital improvement Project o Renewal and Replacement

• Wildflower Parkway - 4P Pump Station - Cheney-Walters-Echols (CWE) has completed pump station design. Issues with property closing on hold; Construction of new pump station 2017/2018.

• W. Main Street - W. Murray Dr to Valley Vista Dr - Replace existing 6" Cl waterline with a 12" PVC waterline & Replace existing 8" clay tile sewer line with a 18" PVC sewer line - Submitted for NMDOT Utility Permit, Construction 2017 I 2018.

• Polyline Replacement o English Subd. - on hold until spring 2018

• East Sanitary Sewer Interceptor Rehab- Phase I -Contractor: AUI, Albuquerque, NM; Contractor completed installing 6250 feet of FRP pipe; Manhole rehab with fiberglass inserts completed. Final project walk through held on November 28,

-3-

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2017 - contractor working on punch list items and final pay estimate.

o Pressure Reducing Valve (PRV) • none

o Sewer Lift Stations

• Lift Station 9 Improvements (109 Meadow View Dr.}- The project is to rehab of the existing lift station which includes the mechanical, pumping equipment and electrical systems of lift station 9. Project design- 95% complete, Construction in FY18/19.

• Lift Station 12 Improvements {1214 Mossycup Dr.)- The project is to rehab of the existing lift station which includes the mechanical, pumping equipment and electrical systems. Design in FY18, Construction in FY19.

• Budget.- FY18- PUC/City Council approved budget • COF Department Support. Survey support to acquire manhole data for future sewer collection

system model continues • Annual Utility Contract. - 2017 contract awarded to Desert Utility & Paving; Albuquerque, NM • Federal Funding-

o Water Projects- 2P Waterline Improvement Project • Project to replace the existing 6" and 8" cast iron waterline (approximately 30,000

LF) along US 64 and various side streets. Project has been broken into three phases- Phase I- Estimated cost $3.2M, Phase II- Estimated cost $3.6M, Phase Ill- Estimated cost $2.9M.

o Wastewater Projects- WWTP- MRAS Basin, Final Clarifier, Solids Handling Facility & UV Disinfection - NMED funding source is the Clean Water State Revolving Loan Fund (CWSRF) Program -Project approved by NMED, Loan amount $22,000,000.00, -Term 20 years, Interest Rate 3%, Contract awarded to RMCI Inc. from Albuquerque -$20,303,500 olus tax.

• PROJECTS /INITIATIVES REQUIRING INTER-DIVISIONAL COORDINATION • Farmington Reach- Navajo Municipal Piperine.

o Working with Bureau of Reclamation and Navajo Tribe for agreements to transfer title to the City for the tank and pipeline project along with an Operation, Maintenance, and Replacement (OM&R) agreement as required by Federal law- March 2009.

• WWTP NPDES PERMIT- EPA. New NPDES permit went into effect on November 1, 2016 permit expires October 31, 2021. New N PDES permit modified total dissolved solids (TDS) requirement from 400 mg/1 incremental increase to 497 mg/1 incremental increase for WWTP effluent.

• Snowpack- Water Year 2017- BOR reporting site: • Animas River Basin- 36% • San Juan River Basin- 32%

ATTACHMENTS

WATER USAGE- RESIDENTIAL CUSTOMERS WATER USAGE- COMMERCIAL CUSTOMERS

WATER FUND (602)- RENEWAL & REPLACEMENT WASTEWATER FUND (603)- RENEWAL & REPLACEMENT

GRAPH WATER REVENUE FY 14-FY18

-3.1-

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250,000,000

v 0

L

u M

E

Residential Classification Usage· Gallons

Months- Fiscal Year

- -

- - 1-

- -

-3.2-

• S YR AV<;

• FY18

- 1-- -1- 1-

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WATER Renewal & Replacement

Water Fund- 602

REVENUES

Renewal /Replacement Fee

STA 1E GRANT· $825,000

REVENUE TODATE

PROJECTED REVENUE FY07 • FY17

EXPENDITURES RENEWAl/REPLACEMENT

Construction

PROJECTED EXPENDITURES FY07. FY18

Main St •• Miller Ave to Orchard Ave. Main St.· Mickey Dr. to McKinsey Ave. San Juan Blvd· American Ave to Scott Ave. San Juan Blvd· Scott Ave to Butler Ave Broadway • Auburn Ave to Miller Ave

:Broad'way -Schwartz Ave to Lake St Schwanz Ave • Broadway to Apache St. Sullivan Ave ·20th St to Cliffslde Northwood Dr • Creaent Ave to 30th St. Polyline Service Replacement Line Abandoment Fire Hydrant 1960 Replacement

PROJECTED EXPENDITURES FY07 • FY18

$5.000.000 $4.500.000 $4,000,000 $3,500.000

U) a: $3,000,000

~ $2,500,000 ..J $2.000,000 0 Q $1.500.000

$1,000,000 $500.000

$0 Actual

FY14

FV14 FV15 FV16 FY17

Actual Actual Actual Actual

$2,057,949 $2.344,912 $2,646,357 $3,315,616

$22,090,088

FY14 FY15 FY16 FY17 Actual Actual Actual Actual

$2,164,752 $1.212,214 $4.089.654 $4,520,490

$21,959,121

WATER RENEWAL & REPLACEMENT

• Revenue • EXPENDITURES

Actual Actual Actual Y·T·D

FY15 FY16 FY17 FY18

FISCAL YEAR

-3.3-

FV18 Y-T .0

$1,782,1 78

FY18 Y-T-0

$783,591

$850,000 $650,000

$1,600,000 $700,000 $650,000 $300,000 $500,000 $350,000 $100,000 $100,000 $100,000 $100,000

$6,000,000

FY18

Budget

$3,277,128

$25,367,216

FY18 Budget

$6,000.000

$27,959,121

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WASTEWATER Renewal & Replacement

Wastewater Fund· 603

REVENUES Charges for Utility Sel\ices Renewal /Replacement Fee

REVENUE TOOATE

PROJECTED REVENUE F¥07- F¥18

EXPENDITURES RENEWAL/REPLACEMENT

Construction

Projects F¥07· FY18

BUDGETED FY 17 PROJECTS

East Trunk Sewer Rehab :Manhole Rehab Mainline Rehab- Robotic

PROJECTED EXPENDITURES FY07 • FY18

$2,500,000

$2.000,000

&! $1.500.000

~ _, $1.000.000 0

0

$500,000

$0 Actual

FY14

FV14 FY1S

Actual Actual

$1,456,143 $1,601,781

FY14 FY15 Actual Actual

$1,194,237 $817,221

FY16

Actual

$1,880.232

-

FY16 Actual

$1,869,097

F¥17

Actual

$2.124,043

,.. $14,719,098

FY17 Actual

$473,211

, $8,661,186

$1 ,750,000 $150,000 $350,000

$2,250,000

WASTEWATER RENEWAL & REPLACEMENT

Actual

FY15

Actual

FY16

FISCAL YEAR

-3.4-

Actual

FY17

Y-T-0

FY18

FY18 FY18

Y-T·D Budget

$1,132.765 $2.289.250

$17,008,348 •

FY18 FY18 Y·T·D Budget

$1,943,245 $4,056,991

$12,718,177

• Revenue

• Expenditul'es

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Total Water Revenue Per Month FY14- FY18

FY 14 • FY 15 • FY 16 • FY17 • FY18

3,000,000

2.500,000

- r ~ rt - r-- -----:·

_I -

r- f - '1_ ~~ •1-- !- f-- r--- - - - -

2,000,000

1,500,000

1.000,000

500,000 -: - f-- ....., f- 1- - - - - - -

- ..........,_ L......., ---..-- ---.- ~ '--'-,-- -JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

BUDGET TO ACTUAL COMPARISON PER MONTH

JUL AUG SEP OCT NOV DEC JAN FEB

MAR APR MAY JUN

TOTAL: I

FY 2014 •• Budget Actual 1,196,227 1,657,429 1,196,227 1,495,02.9 1,1-96,227 (349.906 1,196,227 1,123,250 1,196,227 805,566 1,196,227 813,492 1,1·96,227 838,647 1,196,227 818,588 1,1 9~,227 812,113 1,196,227 989.646 1,196,227 1,203,797 1,196,227 (433,479

I 13,340,942

FY 2016 •• FY 2016-Budget Actual Budget Actual 1,152,420 1,660,61 1 1,305,656 1,760,696 1,152.420 1 ,525.~~3 1.~05,6_56 1,530,739 1,152,420 1,379,367 1,305,656 1,608,774 1,152,420 1,222,276 1,305,656 1,379,285 1,152,420 878,377 1.365.656 1,039,055 1,152,420 832,341 1,305,656 996.1 11 1,152,420 948,366 1,305,656 1,138,593 1,152,420 850,813 1,305,656 1,041,098 1,152,420 1,021,237 1,305,656 1,133,244 1,152,420 914,504 1,305,656 1,254,785 1,152,420 1,212,303 1,305,656 1,361,525 1,152,420 1,630,441 1 ~305.656 1.855,752

I 14,076,459 I 16,099,657

REVENUE PER CLASS/CUSTOMERS

FY 2014 FY 2016

R GS cu

REC FH

R&R GRANTS

OTI-IER

Budget 6,676,180 3,550,655 1,151,686

250,000 118,750

2,082,909 2,107,359

587,552

Actual 6,110,737 3,304,044 1,026,032

244,954 91,868

2,057,950 1,449,369

505,557

Actual 6,458,000 6,535,453 3,373,100 ~.310,784

1.049:Soo 1,011,584 260,000 252,046 110,000 87,036

2,088,390 2,344 .. 912 1,800,000 3,963,044

490,050 539,364

TOTAL: 16,626,091 l 14,790,311 15,62&.040 r 18,044,223

SCHEDULE OF CUSTOMERS R Residential

GS General Service, Single (commerical

CU • Contract Users {bulk water users) REC Recreational/Raw

FH R&R

OTHER

WaterWater Users (city facilities and Fire Hydrants Renewal & Replacement Miscellaneous

FY2016 Budg~Jt Actual 7,254,451 7,173,050 3,777,872 4,053,707 1,126.982 1,014,390

273,000 280,394 100,000 107,760

2,640,556 2,84.6,357

- 50,876 495,020 623,999

16,667,881 r 16,160,633

-3.5 -

FY 2017 •• FY 2018 .. Budget Actual Budget Actual 1,669,760 1,923,676 2,016,058 2,265,673 1,669,760 1,920,854 2,o16.o59 2.596,894 1,669,760 1,7Se,407 2~ofs. o5a- 2,377,605 1,669,760 1,518,135 2,016,058 1,617,842 1 ~~69,760 1,184,943 2,016,058 1.477.183 1.669,760 1.3n.778 2,016,058 1,225.636 1,669;760 1,188,903 2,016,058 1,669,760 1,129,860 2,016,058

1 .6E9.7~~ 1,18Jl,60_3 2,016,058 1,669,760 1,329,406 2.016,058-1,669,760 1,526,594 2,016,058 1.669.750 1,875,671 2,016,058

I 17;921,830 I 11.560.233

FY 2017 FY2018 Budget Actual Budget Actual 7,789,369 7,585,241 8,515,613 4,531,535 4,155,659 4.355,258 4,571,225 2,715,382 1,073,680 1,314,165 1,426,831 746,574

.296,145 290,856 3.42,154 200,877 117,044 92,881 115,000 74,149

2,892,563 3.315,616 3,277. i26 1,782,178 1,000,000 260.919- 1,500,000 -2,712,663 706,894 4,444,750 1,509,538

20,037.123 r 17.921.830 24,192,701 l 11,560,233

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I .j:::. I

Public Utility Commission City of Farmington's Water and

Wastewater Utilities Monthly Report

Wednesday, February 14, 2018

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' ~ -'

Animas River

II USGS USGS 09364500 ANIMAS RIVER AT FARMINGTON. NM

~:nnt

"CC ~80 c ::.nm ~ otJ oiJ 2'10 Ill

I L ~~B oiJ c..

2GB +-1

~ 1UI:J •

-~ 168 .t::J = u .. oiJ

14A (MI

"" ro "6 .~ ;;.

1:::!~

U:JH

~~ -' \. ~

f\A

.Jan 96

29:LB

'\ 6 D. b ..:::.:::... /~·-.. ~ ll ~ ,•"•. /'-., ,, L ... "' L r -. ~

.Jan :.1..3

2818

.Jan 28

2D:l8

P~ov~slonal Data subject to Revlelon

/\ rtedl.an da!.l.!J stat:Lst:Lc (92 •Je.ar-s:> - DJ.sc-harge

~ :\ ,, .:..:.~ . ...__a.""' 6

-...:.

..Jan 27

28:.1..8

Summary:

Below average rainfall for the month. Very erratic readings due to ice buildup.

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I

~

iv I

Farmington Lake

> .... ·o ttl a. ttl u -c: Q) u .... Q)

0...

120.0

100.0

80.0

60.0

40.0 78.

20.0

0.0 Jan

• 2017 78.1

• 2018 94.8

80.6

Feb

80.6

81.9

Mar

81.9

Farmington Lake Capacity 2017 & 2018

January - December

872

Apr

87.2

9S.4

May

95.4

98.3

Jun

98.3

99.0

Jul

99.0

98.6

Aug

98.6

96.9

Sep

96.9

98.6

Oct

98.6

96.3

Nov

96.3

81.2

Dec

81.2

Summary:

Graph indicates the average monthly levels, in percent capacity.

Refilling lake after performing sediment basin cleaning. Currently at 100%

Page 16: IC - fmtn.org

I ~

w I

Water Production History

600 000

SOD 000

400 000

-:;;-,g 300 000

~ oJ> c: ~ 200000 f.!)

100 000

0000

Jan Feb Mar

Total Effluent - WTP's No. 1 & No.2 January - January

2015 -2018

Apr May Jun Jul Aug

Month

• 2015 • 2016 • 2017 • 2018

Sep Oct Nov Dec

Summary:

Flows continue to seasonally drop. Jan. production slightly less than last year in the same month.

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I .p..

J:.. I

Maintenance New Meter Installations/ System Growth

#/mo. (new

Construction)

NEW METER INSTALLATION

14

12

10 I

8

!

6

I

4

:---!' 2

11 f---- -

I

0 I-JAN FEB MAR APR 1·2011 1 3 \ 2 12 4 I 1• 2018 \ 3 J I

t--- ,---I i

MAY JUN 8 4

r-

I""" -!

-

I f---- -

I ~ :----- ,.---- ~

I I

JUL AUG SEP OCT 4 8 11 I 9

I I

~

-

NOV 3

1--

DEC 4

Summary:

New construction is slower this time of year and the same amount as Jan. of last year.

Page 18: IC - fmtn.org

l

Maintenance Water Line Repairs

WATER BREAKS

18

16

14

12

10

8

6

: lj.l FEB FEB MAR MAR APR I APR MAY 2017 1 2018 2017 2018 2017 2018 2017 2018 2017

!• MAIN LINE 3 '

4 I o 2 o I 0 • SERVICE LINE 9 11 4 I 12 4 I 11 -

(Mains and Service Lines)

---

---

---

DEC 'I5E"C MAY JUN E JUNE JULY JULY AUG AUG SEP SEP I OCT OCT NOV NOV 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

0 2 2 5 I 2 6 10 6 15 6 11 13 9 17

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Maintenance #Water Line Repairs by pipe type ,.- - -

9

MAIN LINE BREAKS BY PIPE TYPE 8

7

6 I

-?-~

I 5

4

3

2

1

Il l ' ., 11 O JAN JAN FEB FEB MAR MAR APR APR MAY MAY JUNEIJUNEJULY JULY AUG AUG SEP SEP OCT OCT

2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 • ASBESTOS-CEMENT 1 ( 1' 0 0 0 0 =or- - 0 0 5 0 • CASTIRON 1 2 0 0 0 0 0 0 0 0 2 --• DUCTILE IRON 0 0 0 0 0 0 0 0 0 0 0

POLYVINYL CHLORIDE 0 0 0 1 0 0 0 2 1 0 0 • STEEL 0 1 0 1 0 0 0 0 1 0 I o • GALVANIZED STEEL 1 0 0 0 0 0 0 0 0 0 I o

NOV NOV 2017 2018

0

6 -0

0

0 0

---

I

DEC DEC 2017 2018

1

8 --·

0 1

0 0

Summary: 4 Main line water repairs in Jan.

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'

Maintenance Water Line Repairs

1ti

SERVICE LINE BREAKS BY PIPE TYPE 14

12

10

a

6 1-

4

--

2

• 11 h I ,- I 1. 11 ~ r-0

JAN JAN FEB FEB MAR MAR APR APR MAY MAY JUNEliUNE JULY JULY AUG AUG SEP SEP OCT OCT NOV NOV DEC DEC 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

PEX 0 0 0 0 0 0 0 0 0 0 0 0 0 a COPPER 1 0 2 0 1 2 1 2 0 0 0 0 2 • GALVANIZED STEEL 1

$ 0 0 0 0 ~- 0 0 0 0 0 I o

• BLACK POLYETHYLENE 7 2 11 3 9 s t--u t- 6 11 12 7 I 1s

H--a BLUE POLYETHYLENE 0 0 1 0 0 0 1 0 0 0 1

0- ·- -a POLY VINYL CHLORIDE 0 0 0 0 0 0 0 0 0 1 1

Summary: 11 Black Poly Lines replaced in January

Page 21: IC - fmtn.org

~ 00

I

Wastewater Treatment

Influent Flows I Wastwater 6,00

s 00

4.00

3.00

JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

• 201& •.2017 • 2018

Summary:

Flow in Jan. was slightly less than same month last year and mirrors water production.

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I .j::,.

\0 I

Lab Quality Control Statistics

Farmington Environmental Lab QC Data Results

• 99 2

January 2018 QC Dashboard

257 Data Points

100.5

100

99.S

99

c 98.$ ~

:f 98

97.5

97

96 .5

96

2017-2018 Lab QC In-control Data

100 100 100

99.6 99.6

I 99.1 99.2

I - .................................... -;--.;. ······ I I I

I 98:3 ······· ····················

I 98.1

97.9

97.5 97.4 1-

I -

Fe b M~r Apr May June July Aug Sept Oct Nov Dec Jan

2017 2017 2U17 2017 2017 2017 2017 2017 2017 2017 2017 2018

Page 23: IC - fmtn.org

1. ....... c

I

Additional Services Assigned (ASA) (Quarterly Highlights)

• New Flyght Pumps for Animas NO. 2 Pump Station

• 4P Water Zone, Main Extension and 311

Water Meter, AV Water

• Drag Systems on Basins No. 2 & No .3 , WTP #1

• Sewer Manhole Rehab

• Misc. CoF Water Works

• Quarterly ASA Expenditures of

$227,972.00

$89,117.00

$67,797.00

$60,397.00

$56,046.00

$498,331.00

Page 24: IC - fmtn.org

PUC ACTION ITEM REQUEST

DATE: February 8, 2018

MEETING DATE: February 14,2018

FARM NGTON ELE IC

~;:,M

'DEPARTMENT: Electric Utility

I. ITEM/TOPIC: Proposed Franchise Agreement between City of Farmington Electric Utility System and Town of Kirtland, New Mexico

2. ACTION REQUESTED OF PUC: Recommendation to City CoWlcil to adopt the Franchise Agreement between City of Frumington Electric Utility System and Town of Kh1land, New Mexico.

3. STAFF RECOMMENDATION: Staff recommends the Public Utility Commission's recommendation that the City Council approve the Franchise Agreement between City of Farmington Electric Utility System and Town of Kirtland, New Mexico.

4 . INSTRUCTIONS UPON PUC VOTE: Instruct staff to communicate the vote of the Public Utility Commission to the City Council for its discussions regarding the Franchise Agreement between City of Farmington Electric Utility System and Town of Kirtland, New Mexico.

-5-

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Town of Kirtland Franchise Ordinance No. __ _

AN ORDINANCE GRANTING TO THE CfTY OF FARMINGTON, A MUNlCIPAL CORPORATION OF SAN JUAN COUNTY, NEW MEXICO, ITS LEGAL REPRESENTATIVES, SUCCESSORS, LESSEES, AND ASSIGNS CERTAIN POWERS, LICENSE, RIGHTS OF WAY, PRIVILEGES AND FRANCHISES TO CONTRUCT, OPERATE AND MArNTAIN IN CERTAIN AREAS OF THE TOWNI::.OF KIRTLAND, NEW MEXICO, WORKS, SYSTEMS AND PLANTS.:f ;Qtf.THE GENERATION, TRANSMISSION, PRODUCTION, DISJB:n~:tfTJON, SALE AND DELIVERY OF ELECTRICAL ENERG'(:tmc::r=::~~Jp TOWN AND ITS INHABIT ANTS IN SUCH AREA, !.\N..P·::~··To U$Ji~ THE STREETS, AVENUES, HIGHWAYS, ALLEYSfti~ND PUBLfQ} :J'LACES AND GROUNDS IN SUCH AREA IN ;::f;ff:{~:·· TOWN OF Kff{].!.:,~ND FOR A PERIOD OF TWENTY-FIVE YEA'R~t AND PRESCRIBU~~., CERTAIN

TERMS AND CONDITIO~!.:. ··::::~IW[:jft~~=:·.·::(:ff[~j~j} ··::;;~It~~~li}b WHEREAS, the City of Farmingl~NH~::: r.nunicipal '·¢=qr~~8Fation of the CounTy of San Juan and ?tate of Ne~ M~xico is tti~{qw~~~:f:::::P! its rrltlfj~!;gi_pal electric utility system, the Farmmgton Electnc Ut1lrty System ('!~:§:~S~%:~n~t ·-:::~:fb, .

•.• ,=::::::::::::~:·.· · ':~:;t~\. ····:~:~rr~::::::·:·. ··~:::~~tl:~. w~~.REA?, ~uch 11).J1DJ9..if>aQM~?tric utiltW~~sy~_w.gpnWHB~.s .transmission and distribution fac1llt1es w1thm the:K'9~~·n of Kif:!).~pd (''the·:W.P.W.!.:i.i!};--New·ri;,H~XIco; and

. :~:~~fi;~~~::.,. \~~~t~ ·:~~;~~~~;~~~;~:·· ·.·.· WHEREAS, the T owrN~I~,o.es Jg;~~Dt.~.r into -~:1[ij.~flnchise agreement with respect to utility

servic~.~:::ti~~!~~~ifi)l@~mi%b::: .. ~~::~q~~~J11l!llf~:~:::=::::tt\ifl~~I~:~::::::::-~:{~~~~!:~ NOW:f:tlfflF.'REFORE;·: ~§;.!J ORQ~J.t'JED BY:1:ffi'E BOARD OF TRUSTEES OF THE TOWN OF KI Ff1W&t4D. a munici'R~!:~corpoM:~!:\?n , of San Juan County, New Mexico:

'~:~~~~~i~~~=:::.. ··=~~~~~~~;~~. . . ::;:~t~t::!\ KNOW ALL M!$;N BY THESl!]?.RESENiS:

.,.AJt::;.. W!i~!~ Section 1. Privile·g~~~.t Arecv.P.iHined.

-:·:;~{~t=::: .. .. :===~~~~t~~r==·· The Town of Kirtland, N~W~Mexico, hereby grants to the City of Farmington, a municipal corporation of San Juan ·c=6unty, New Mexico, as owner of the Farmington Electric Utility System (FEUS) and a department of the City of Farmington, its legal representatives, successors, lessees and assigns, a franchise, with the right to construct, operate, maintain, extend and improve its electrical generating, transmission and distribution plant and system within and to sell, selVe, supply and furnish electrical energy to the inhabitants of the Town and any additions thereto, as now or may hereafter exist, with the right of occupying and using in any lawful way the streets, avenues, highways, alleys and public places within said area, both above and below the ground, as said streets, alleys, etc. are now or may hereafter exist, for the transmission and distribution of electricity in, through

Farmington Electric Franchise Ordinance Page 1 of 4 Pages

-5.1 -

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and about said area, with the right to install, construct, erect, maintain and use any and all necessary or useful appurtenances, including underground conduits and conductors, manholes, anchors, braces, poles, guy wires, towers, transformer stations and sub­stations and transmission lines and equipment of any and all kinds for a period of twenty­five (25) years after the effective date of the Franchise.

Section 2. Construction/Maintenance

All lines, plants and equipment constructed or installed ).mder this Franchise shall be constructed, installed and maintained in accordance wit.h..(~~~lablished practices pertaining to electrical construction and maintenance as prescri.l?.~:~;r~~· the National Electrical Safety Code, and/or all lawful rules and regulations of ~P.fi~S'0.~~.r..nmental body or commission having jurisdiction thereof. FEUS shall retal_n :·ffj:W:··rigntW~l .. use and enforce granted easements and right-of- ways to construct ar\o}maintain el~Ptric service. FEUS shall retain the right to maintain and manage ve.g.~{~tibn growth wit'fHJ1~~~sements and right-of-

::::on 3. Rates 4fb~ %J${f;t;1i;tt£j}1i> '"~%i1~~~f{r' All rates and charges for such '~J~MtJ~.~.I. service ·\~h~!! be uniform with the rates and

.! ... -.·~ •• •••••••• •••• ~· . • ••••

charges made by the City of Farmiqg~oh:1f¢.t:f~rnishin~f~l<~~trlc service by FEUS through

::::::i:. :::::y;~r~~~t'r~~~,1~~s ''{'\t1~:~~-1l~':t,t~~::~h FEUS may make an·cv~nforcel(~asonable'ttWes and regulations in the conduct of its business an~t.!nJhe payfti~.t:lt..~f:i@):~r-g~s for ··~~ryice, and may require, before furnishing service JBI~1i:5t~~:n~Mp.:!6r;=:t~~~~X:e&H[$ijwt~ cc~;~~ract ther~for. F~US may also de~and and Gl:~H~:9t' reasori~Ql~:~:!:J1ete·r:~!:~:~postts fro(1U:~Wusers to 1ts serv1ces, such depos1ts to stand··:~Wif~~arantee fo·r.:lfi~.; pa~ltr(~D.! of charg-g$ for services, and if such charges be not paid prolfi'P.lt~. as require·~H~Y its YQ.!~.~, and regulations, such deposits may be forfeited and retain€kH~.Y it, until ali~l~nless=/!~~11 such charges are paid and such deposits re~ installed in go:O~t~~anding imffi~diately. Upon discontinuance of service and provided all charges therefof~~~~.f.:~ paid, ~tmh deposit shall be returned to the customer. Further, that all powers and privll~g.~s q.~~~fded by virtue of this Section shall be subject to all lawful rules and regulationsB(Ar.@6'6vernmental body or commission having jurisdiction thereof .

. :.::~~~~:::=·· Section 5, Privileges, Non~Liability of Town of Kirtland

FEUS is hereby authorized, licensed and empowered to do any and all things necessary and proper to be done and performed in executing the powers and utilizing the privileges herein mentioned and granted by this Franchise, provided that all work done in said streets, alleys, and grounds of said areas by FEUS shall be done with the utmost care and with the least inconvenience to the public or individuals, and said work shall be done subject to the approval and supervision of all lawful authority; provided that in making any

Farmington Electric Franchise Ordinance Page 2 of 4 Pages

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and all installations of equipment or systems, and in the repair thereof, or in the operation thereof, the Town shall be held harmless for all damages on account of all structures, transmission lines and installations and FEUS shall assume all liability or risk of damages to persons or property which may arise from the construction or operation of any and all said plant or equipment.

Section 6. Compensation

The City of Farmington, as owner of FEUS, its successor~ .•. lessees and assigns, for and in consideration of the grant of this Franchise and as re.gJ~tfor the occupancy and use of the streets, avenues, highways, alleys and public pl~.¢~Wof, shall pay to the Town each year during the time this Franchise shall remain ~ff~~¢f(V,(:'!.: .. a total aggregate sum of five percent (5%) of the gross receipts for electric s.~r~f~:~fsoiB:JQJesidential and commercial customers and the total aggregate sum of.JW.9:;::percent (2~%).:::9f the gross receipts for electric service sold to industrial customers::Witff~n electrical lo~d::of at least 4 megawatts (4 MW) within such area; such gross recei~t~To consist of the tot~.l~~r.n~unt collected from users and consumers on account of electriir~n~rgy sold ... ~nd conslJM.~~twithin such area under the rates in existence at the time o(=#~Y.tn~r:J.WWxcepting t~~(.~f.c~mi the gross recei~ts for electric en7rgy solqjJP.t~~9vernm~rit~!ffi~§:g~r6mers; This pr6~rsion shall be effectJve as of the Effect1ve Date OM~Wf;i(.~nchrse ariW~ball be rn full force and effect and the City of Farmington, as owner ol)];.~tns:t~.b~ll makEh~~.qh payments semi~annually on the 151h day of January and July durill:~::~adf~~~.r.Jhis pf~@:§Jon shall remain in full force and ~ffect. For the p~:~B:~;~m8f::getermir1:fq:~=·~aid S~Y~QH~~ .. thEfW~9ks and accounts ~f FEUS relatmg to such grQ.~~~t~cerpt$.J.wm sale~:tS?.f ~?.~(~b::·ene-r~JY.:::~.baff at all reasonable ttmes be available for inspeoij§h.by dui9\~Mthorized{9ffl:Wals or audlf8rs. Said payments shall be in lieu of any and all otffe:ff.r:?nchi~~}license, p'(!~ilege, occupation, excise or revenue taxes and all oth_~L~~R.~tions:;.:~~~~:~HYP-~Ym~~t ma~~=:::~Y FEUS pursuant to statute in lieu of general ~qN~l.O.t~i.iFP.Joperty;~t~~es cl'n&';·~·p.~f.ial a~$ .. essments for local improvements, upon the bJJ.@:1ess, re'\1~'6~~~~. pro·p~'t,ty, tra riS't'df$~.i.o.rr··lines, equipment and installations or appuit~h~.(lces of Fl~tJ~t. prd~)a~.9 that · ·~:rrything to contrary notwithstanding said paymeri{~j~~.!WII continue··:6h!Y:.so loH9.~9..~ FEUS is not prohibited from making the same by any lawful ··a\iJ!.writy having:mrJ,~dictioiiJ~f the premises .

. ~;~;~I):=:· \~~J~t Section 7. Assi~ft\m~nt ~~~f~~~~

~~,\~it:=:·. ..i~1tW The City of Farmingtoi1f~~1~9.~her of FEUS, shall have the right and privilege of assigning this Franchise and all rlghtg and privileges granted herein; provided, however, that any assignee shall file its acceptance of such assignment and the rights and liabilities conferred by this Franchise within thirty (30) days after any such assignment with the Town Clerk of Kirtland.

Section 8. Written Acceptance

This Franchise shall be accepted in writing by the City of Farmington, as owner of FEUS, which acceptance shall be filed with the Clerk of the Town of Kirtland within thirty (30)

Farmington Electric Franchise Ol'dinance Page 3 of 4 Pages

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days after the effective date of this Franchise, and when so accepted, this Franchise shall be a contract duly executed and made between the City of Farmington and the Town of Kirtland.

Section 9. Copies of Franchise

This Franchise has been executed in multiple copies each of which shall be deemed to be an original for all purposes.

Section 10. Section Headings .,di\\,~]~h The section headings of this Franchise are insef.!¢.~~SO.NY.Jor reference and in no way define, limit, or describe the scope or intent 9-.f {(w~·· FraW§N.?e or affect its terms and

:::;::n:~. Invalidity ~~J~f~'' '" '''i~{i[%J;ii!}t,, If any section, paragraph, subdivision, clause>P.:tt.r.~s~.:.Q~tprovlsion of tn1$.:H~:ranchise shall be adjudged invalid or unconsti.WJi.Qpal, the s<itij~{~H~li not affect thE!t\ralidity of this Franchise as a whole, or any othgNP.:a#:~P.r.:.provisioii'i:(!f~:ceof.

section 12. Ettectiv:,~M!i,,,, ''ili!z\;:i(t;ti;;;;;%lh~:''t~1ti![~t;; This Franc~~se sh~Jtll~·e~·ette,~l~~.~d .be ihl19:f.qr.:m;r.a :err~:~tf[pni'and after January 1:2016, and upon fllmg by:tti:!i:h.City of Ht~Jrrungton(i9.LJ.t~rwntten a~·c·eptance of the Franchrse, as provided in Section 1~plecedin~ft~~ \t\

.· .~·=·:·=·:·=·:·.·. .• ·~<ft:::, .. ,:.4j~ilj~~t~t::==~~·~. ::==wt:. Section ~ ~r~:pu'JSli'o~;~.tion ··:::·=:=:::;:;:::::::::::=···· · ·.·.:·:::,:,.;::::=:·:... J,:,:,::=::..

.. ::::t{~il~:;t· .:,: -····=·:i::t~~~It:::.. ·~:=t~t~~lE:::.. ··::::==<{t~~t::~:::;.~t~:=~ This Pf.~~QP,.hise shall H~:mt!?:.~ordij~}~tld pubif~fied within thirty (30) days after execution thereby ·oyJQ.~ Town of KifJT~(ld, as:~p:mvided by law.

·~~t~I~t::=:· . ·~=~tt~.. ·{~~~~~~)· Section 14. PrfR.Uf Health afi:~ Welfare Ordinance

, ·::::~~~r)~=·· Jmm;~ The Town recogniz~:~;~Jhaqt.)~/City of Farmington, in connection with the operation of FEUS, in order to provr9:~A~~g~·pendable supply of electric power and energy and in order to provide for the safefg~~~nd welfare of its employees engaged in such electric utility operations, has adopted ordinances to accomplish such objectives and may be required to adopt further ordinances to accomplish such objectives. The Town agrees that during the existence of this franchise it will cooperate with the City of Farmington in the matter of adoption of ordinances that may be required to accomplish such objectives and will adopt such ordinances of the Town; provided that this requirement shall not be deemed to require the Town to adopt any ordinance that would be prohibited under the laws of the state of New Mexico nor shall any ordinance be adopted by the Town except in conformity with law. The Town also agrees during the existence of this franchise that any ordinance

Farmington Electric Franchise Ordinance Page 4 of 4 Pages

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0 '

that may be adopted by the City of Farmington having extra-territorial effect by virtue of the electric utility operations carried on by FEUS and the statutes of New Mexico may be enforced by the City of Farmington within the Town as provided by law.

PASSED, SIGNED, ADOPTED AND APPROVED this __ day of , 2017

APPROVED:

ATTEST:

Gwen Warner Town Clerk, Town of Kirtland (SEAL)

Farmington Electric Franchise Ordinance

Honorable Mark Duncan

Page 5 of 4 Pages

-5.5-

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PUC ACTION ITEM REQUEST FARMINGTON ELECTRIC

p DATE: February 8, 2018 DEPARTMENT: Electric Utility

MEETING DATE: February 14, 2018

1. ITEM/TOPIC: Proposed Installation of a Solar Project as an additional generation source as noted in the Integrated Resource Plan.

2. ACTION REQUESTED OF PUC: Staff requests Public Utility Commission's recommendation to City Council to instruct staff to continue/not continue negotiations with finalist vendor of the Solar Project using one of the following options:

A) Installation of maximum size (11 OOkW) solar project B) Installation of medium size (500kW) solar project C) No solar installation

3. BACKGROUND/RATIONALE: Within the IRP interest was expressed to add solar to the FEUS generation portfolio and the utility has been looking at community solar for some time. The Commission and the City Council has approved a solar project in past budgets but due to cost restraints the opportunity never come to fruition. The cost to have a solar project has come down to a point that it may be financially feasible to add solar to the FEUS generation portfolio.

4. INSTRUCTIONS UPON RESULTS OF PUC VOTE: Instruct staff to conununicate the vote of the Public Utility Commission to the City Council for its deliberation regarding the proposal installation of a Solar Project.

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