HomeMy WebLinkAboutOrdinance 641
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ORDINANCE NO. 641
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY ELECTRIC AND NATURAL
GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance.
Subdivision 1. Purpose. The Mounds View 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 and electric services within the City of Mounds View.
a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the
Franchise Agreements ("Franchise Agreements") between the City of Mounds View (the
"City") and Northern States Power Company (the "Company"), a franchise fee of not
more than four (4.0) percent of the Northern States Power Company's ("NSP") gross
operating revenues may be imposed by the City at any time during the 20 year term of the
Franchise. The franchise fee is paid as full compensation for the rights to transmit and
furnish electric energy for light, heat, power and import, transport, sell and distribute
natural gas for heating, illuminating and other purposes as outlined in Section 2 of
Ordinance Nos. 517 and 518.
b. Pursuant to Ordinance No. 622 effective January 16, 1999, the City imposed a
franchise fee under NSP's electric and natural gas Franchise Agreements in the amount
of two and one-half (2.5) percent ofNSP's gross revenues, as defined in Section 4.2 of
the Franchise Agreements, subject to a sunset on December 31, 1999.
Subd.2. Franchise Fee Statement. A franchise fee is hereby imposed on NSP under its
electric and natural gas Franchise Agreements in the amount of four (4.0) percent ofNSP' s gross
revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with NSP's
January 2000 billing month.
Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with
the terms set forth in Section 4 of the Franchise Agreements.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission
requires each said utility company to add to its effect rates for the utility service on which the
public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for
the cost of the fee.
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Subd. 5. Proof of Company Gross Revenues. NSP shall make each payment when due
and shall quarterly furnish a complete and correct statement of gross revenues for said quarter.
NSP shall permit the City and its designated representative free access to the company's records
for the purpose of verifying such statements.
Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with the Franchise Agreements.
Subd.7. Effective Date of Franchise Fee. Notwithstanding the effective date ofthis
ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise
Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the
later often (10) days after the publication and after the sending of written notice enclosing a
copy of this adopted ordinance upon NSP by certified mail.
Subd.8. Sunset Clause. This ordinance shall automatically sunset on December 31,
2000.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this 13th day of September, 1999.
Read and passed by the City Council of the city of Mounds View this 11 th day of
October, 1999.
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Clerk/Administrator
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STATE OF MINNESOTA)
COUNTY OF RAMSEY)
ss.
I, the undersigned, being the duly qualified Clerk Administrator of the City of Mounds View,
Minnesota, hereby certify that I have carefully compared the attached and foregoing with
the original thereof on file in my office, and the same is a full, true and complete copy
thereof, insofar as the same relates to:
Ordinance No. 641, An Ordinance Implementing a Franchise Fee on Northern States
Power Company Electric and Natural Gas Operations within the City of Mounds View,
adopted by the Council this 11th day of October, 1999.
WITNESS MY HAND officially as such Clerk Administrator and the corporate seal of the
City of Mounds View this 22nd day of December, 1999.
(SEAL)
c!JtS ~.
Charles S. Whiting
Clerk Administrator
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Focus News
AFFIDAVIT OF PUBLICATION
_STATE OF MINNESOTA)
ss.
COUNTY OF RAMSEY)
Richard Roberts, being duly sworn on an oath states or affirms that he is the
publisher or authorized agent and employee of the publisher of the newspaper
known as Focus News, and has full knowledge of the facts which are' stated
below.
(A) The newspaper has complied with all of the requirements constituting qualifi-
cation as a qualified newspaper, as provided by Minnesota Statute 331A.02,
331A.07 and other applicable laws, as amended.
(B) The printed (Official Publication) City of Mounds View
Ordinance No. 641
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for ~ successive weeks; it was first
published on Thursday the ~ day of December, 1999, and was thereafter
printed and published on every Thursday to and including the _ day of
December, 1999; and printed below is a copy of the lower case alphabet from
A to Z, both inclusive, which is hereby acknowledged as being the size and kind
of type used in the composition and publication of the notice:
e ._fg";j~lm'""qmf",""",
By:_~l~
Title: Publisher
Subscribed and sworn to or affirmed before me
on this ~ day of December, 1999.
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Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
. for comparable space
(2) Maximum rate allowed by law for the above matter $ 6.20 per line
(3) Rate actually charged for the above matter $ .45tt per line
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City of Mounds View
ORDINANCE NO. 641
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE.IMPLEMl=NTING A
FRANCHISEF.EE ON NORTHERN STATES
POWER COMPANY ELECTRIC AND
NATURAL GAs OPERATIONS WITHIN
, THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of MOUnds View
Municipal Code Appendix 0 is hereby
amended to include reference to the.follow-
ing Special Ordinance.
Subdivision 1. Purpose. The Mounds
View City Gouncil has determined that it is in
the best interest of the City to Impose a fran-
chise' fee on 'those public utility companies
that provide natural'gas and electric services
within the City of Mounds View.
a. Pursuant to City Ordi.nance No.
517 and Ordinance NO. 518, which are the
Franchise Agreements ("Franchise
Agreements") between the City of Mounds
View (the "City") and Northem States Power
c.ompany (the "Company"), a franchise fee
of not more than. four (4.0) percent oUhe
Northem States Power Company's ("NSP")
gross operating revenues may be imposed
by the City at any time during the 20 year
term of the Franchise. The franchise fee is
paid as full compensation for the rights to
transmit and fumish electric energy for light,
heat, power and import, transpo!1, ~II ~nd
distribute natural gas for heating, illuminating
and other purposes as outlined in Section 2
of Ordinance Nos. 517 and 518.
b. Pursuant to Ordinance No. 622
effeCtive January 16, 1999 the City imposed
a franchise fee under NSp1s electric and nat-
ural gas Franchi.se Agreements in the
amount of two and one-half (2.5) percent of
NSP's gross revenues, as defined in Section
4.2 of the Franchise Agreements, subject to
a sunset on December 31, '1999.
Subd. 2. Franchise Fee Statement. A
franchise. fee is hereby imposed on NSP
under its electric and natural gas Franchise
Agreeinents in the amount of four (4.0) per-
cent of NSP's gross revenues, as defined in
Section 4.2 of the Franchise Agreements,
commencing'with NSP's January 2000 billing
month.
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Subd. 3. Payment. The saidfr8nc1lise.
fee shall be payable totlie .city inaccor-
dance with th!i terms set forth in Section ~ of '
the Franchise Agreeinents. ...... '.. :.
Subd.' 4, Sur~arge. The City ~g..~::
nizes that the MlOnesota Public Utllitie.s
Commission requires each said utility com-:"
pany to add to its effeCt~~ for th~ utility",
service on which the public utility gross8lll'f\- .
ings fee is imposed, asurcharget~ reim-
burse such utility company for the cost of ~
fee. . ,"
Subd; 5. Proof of Company C3ross"
Revenues. .NSP shall make ~ach-paymelll
when due and shall quarterly fumish a com- :
pleteand' correct statement (If gross{ev-
enues for said quarter.' NSP shallpennlt the.
CitY and its designated representative free .
access to the company's records for the pur-
. pose of verifying such statements. . . . . .' .'.
Subd. 6. . Enforcement. Any dispute,.
including enforcement of a default regai'ding
this ordinance wiD be resolved in accorclance
with the Franchise Agreements; . '.'
Subd. 7. Effective Date ofFranchl~
Fee. Notwithstanding the effective date of
this ordinance and notwithstanding any con-
tral'f provisions in Section 4 of the Franchise
Agreements, the effective date of the fee col: _
lected under Subdivision 2 of this ordinance
. is the later of ten (10) dayS after the publica-
tion and after the sending of written. notice
enclosing a copy of this aoopted ordlnanc:.e'.
upon NSP by certified mail. .. . .' "
Subd. 8. . Sunset Clause. This ordinance'
shall automatically su~t on Decembc:lr 31> .
2000. . ".'
SECTION 2. This ordinance takes effect
as provided herein. '
Read by the City Council, of th!l City (If
Mounds View this 13th day ofSeptembe.r;
1999.
Read and passed by the City Council of
the city of Mounds View this 11th day of
October, 1999.
Dan Coughlin, !-1ayor
Charles S. Whiting,
City Clerk/Administra.tor
APPROVED AS TO FQRM:
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Robert C. Long, City Attomey "
(December 9, 1999) Mounds View, New
Brighton, St. Anthony Focu$ News