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HomeMy WebLinkAboutOrdinance 670 . . . . ORDINANCE NO. 670 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY MINNEGAScO 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. 625, a Franchise Agreement between the City and Reliant Energy Minnegasco ("Minnegasco"), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of four (4.0) percent of Minnegasco's gross revenues, as defined in Section 4.1 of the Franchise commencing with Minnegasco's January 2001 billing month. Subd.3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective 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. Subd. 5. Proof of Company Gross Revenues. Minnegasco shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Minnegasco 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 Agreement. C:\ADMIN\ORDINANC\CC\Ordinance 670, Minnegasco Franchise Fee 2001.doc SJR-186449vl MU210-14 . . . .' Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Minnegasco by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2001. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 25th day of September, 2000. Read and passed by the City Council of the city of Mounds View this loth day of October, 2000. //~/'^-\ ..~ / . / / (Dan Coughlin, Ma Of/ ~.. 0f\/ 'M " ,,/ 'd::fLz-. '----7 . I.~ Kathleen F~ Miller, City Clerk-Administrator CQ( APPROVED AS TO FORM: ~~C._~ City Attorney 1- C:\ADMIN\ORDINANC\CC\Ordinance 670, Minnegasco Franchise Fee 2001.doc SJR-186449vl MU210-14 City of Mounds Vfew ORDINANCE NO:670 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA . AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY M'NN~GASCO NATURAL GAS OPERA- TIONS WITHIN TtiE 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 fol- lowing Special Ordinance. Subdivision 1. Purpose. :The Mou!l~s', View City Council has dete.rmmed that It IS in the best interest of the City to impose a franchise fee on those public utility com- _panies that provide natural gas and elec.- tric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and ,Reliant Energy Minnegasco ("Minnegasco"), the City has the right to impose a franChise fee of not more than four (4) percent on Mlnnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby Imposed'on Minnegasco under its natural gas Franchise in the amount of four (4.0) per- cent of Minnegasco's gross revenues, as defined in Section 4.1 of the Franchise commencing with Minnegasco's January 2001 billing month. Subd, 3, Payment. The said franchise fee shall be payable to the City in accor- dance withJhe ,terms set forth' in Section - 4.4 of the Franchise. Subd. 4. Surcharge. The City recog- nizes that the Minnesota Public Utllities Commission requires each said utility company to add to its ~ffectlve ra~es ~~r the utility service on WhIch the pUblic utili- ty gross earnings fee is imposed, a sur- charge to reimburse such utility company for the cost of the fee, Subd. 5. Proof of Company Gross Revenues. Minnegasco'shall make each payment when due and shall quarterly fur- . nish a complete and correct statement of gross revenues for, said quarter. Minnegasco shall permit the City and its deslgl!ated representative free access to - ! the COIIlpilIy.recordS for the pupose of . yerffylng such statements. . ' . , Subd.6. Enforcement. Any dispute, inclu4lqg eDfprc,mentlif a l;Iefault regar~- Ing thls'.ordlnance will be re.solve!! In accQrdallce .With th. e Franc..hlse AgrAment.. . ' Subd. 7. Effective Dateot Franchil,l~ Fee. Notwithstanding the effective date of this ordinance and notV'{ithstandlng'any contrary provisions In Section 4 of the. Franchise, the effective date of the fee collected ,under Subdivision ~ of this ordi- nahce Is the later of ten (10) days after the pubiication and after the sending of written, notice enclosing a gopy of this adppted ordinance upon Minnegascoby certified mail. < . ' Subd. 8. Sunset Clause. This ordi- lbance shall automatically sunset on December 31, 2001. ' SECTION 2. This ordinance' takes effect as provided herein. Read by the City Councir of the City of Mounds View this 25th day of September, 2000, '-" ' . ' , Read and passed by the City Council of the city of Mounds View this 10th day of October, 2000. Dan Coughlin, Mayor Kathleen F. Miller, ' City Clerk-Administrator _ APPROVED AS TO. FORM: City Attorney (October 19, 2000) Mounds View, New 'Brighton, St Anthony FocuS News ' '\" Focus News . AFFIDAVIT OF PUBLICATION TATE 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, 331 A. 07 and other applicable laws, as amended. (B) The printed (Official Publication) City of Mounds View Ordinance No. 670 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 19 day of October, 2000, and was thereafter printed and published on every Thursday to and including the _ day of October, 2000; and printed below is a copy of the lower case alphabet from _to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz By: frJt{~ Title: Publisher Subscribed and sworn to or affirmed before me on thi~20. .dc;lY.9;t.~~9P~ ;I GOLLffiE KAERCHER R03ERTil , NOT~Y ~UBUC-M1NNESOTA !:; My Commission Expires Jan. 31, 2005 \; /~ ~/ ~ . , Gicl~o~~ Notary Public RATE INFORMATION . 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 $ .45rt per line .. ..