Loading...
HomeMy WebLinkAboutOrdinance 671 . . . ORDINANCE NO. 671 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 ("NSP"), a franchise fee of not more than four (4.0) percent ofNSP's 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. 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 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 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 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. 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. C:\ADMIN\ORD1NANC\CC\Ordinance 671 ~~ NSP Franchise Fee 2001.docSJR-186450v2 MU 125-63 . . . 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 of this 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 of ten (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, 2001. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council ofthe 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 C~Ugh1in, . YOT ",~-y .\ . .-- ~'--JJYG--f.J--- Kathle~ F. Miller, City Clerk-Administrator APPROVED AS TO FORM: \Lc~r-C~~ City Altomey ) N:\DATA\USERS\Joanb\SHARE\CouncH Packet\1D-1D-2000 Council\ltem 10D--Ord 671--NSP Franchise Fee 2001--Bruce Kessef.docSJR-186450v2 MU125-63 Focus News .. AFFIDAVIT OF PUBLICATION ATE 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. 671 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 A 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: frJ~~j^ Title: Publisher Subscribed and sworn to or affirmed before me on this 20 day of October, 2000. ~Sl.>-;~ < F o( 'l!kt;: ,3 l',\'.,'",;; COLLffiE KAERCHER ROBERTS NOTARY PU8UC-MiNNESOTA ' ~ty Commission Expires Jan. 31, 2005 ~' -e 'J :: ~~~ee.:e"~'~:,J-) II '/ Q Lf~Q~ ~ Notary Public RATE INFORMATION e) 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 $ A5(/; oer line -till . , /.... - .I / ,"' . City of Mounds View ORD,INANCE NO. 671 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 0 is hereby amended to include reference to the fol- lowing Special Ordinance. . ' Subdivision 1. Purpose. The Mounds View Clty Council has determined that it Is in the best interest of the City to Impose a franchise feEl' on those public utility com- panies ltIat provide natural gas and alee- . tric 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 Mqunds View (the "City") and N'orthern St$tes Power Company ("NSP"), a frenchlse fee of not more than four (4.0) percent of NSP's gross operating revenues may be Imposed by the City at any time during the 20. year term of the Franchise. The fran- chise 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 purpos- es as outlined In Section 2 of Ordinance Nos. 517 and 518. . . 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 of NSP's gross rev- enues as defined In Section 4.2 of the Franchise Agreements, commencing with NSP's January 2001 billing month. Subd. 3. Paymenr. The said frenchlse fee shall be Pllyable to the City in accor. dance with the terms set forth in Section 4 of the Frenchlse Agreements. Subd.' 4. Surcharge. The City r~~~g- nizes that the Minnesota Public Ulllltles Commission requires each said utility company to add to its effective rates for the utility service on which the public utili- ty gross earoings fee Is imposed, a sur- charge to reimburSe such utility company for the cost of the fee. Subd. J". f>.roc~ of Company Gross Revenues. NSP shall make each pay- ment when due and shall quanerly furnish a complete and correct Statement of gross revenues for said quarter. NSP ~hall per- mit the City and Its designated representa- tive free access to the company's records for the purpose of verifying such "'ate. ments. . Subd. 6. . Enforcement. Aoy dispute, including enforcement of a default regard~ ing this ordinance will be, resolved in accordance with the Franchise Agreements; 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 Agreements, the. effective date of the fee collected .under Subdivision 2 o! this ordinance is theiater oUen(10) days after the publication and after the sendl~g of written notice enclos!ng a copy of thiS ad,opted ordinance upon NSP by certified mall. '. Subd. 8. Sunset Clause. This ordi- nance shall 'automatically sunset on December 31,2001. SECTION 2. This ordinance take,S etfectas 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 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, SI; Anthony Fpcus News . .' .