HomeMy WebLinkAboutOrdinance 687
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ORDINANCE NO. 687
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL
ENERGY ELECTRIC AND NATURAL GAS OPERATIONS
WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2002
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 Xcel Energy (formerly Northern States
Power Company), a franchise fee of not more than four (4,0) percent of
Xcel Energy'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
Xcel Energy under its electric and natural gas Franchise Agreements in the
amount of four (4,0) percent of Xcel Energy's gross revenues, as defined in
Section 4.2 of the Franchise Agreements, commencing with Xcel Energy's
January 2002 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, Xcel Energy shall make
each payment when due and shall quarterly furnish a complete and correct
statement of gross revenues for said quarter, Xcel Energy shall permit the City
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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 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 Xcel Energy by certified mail.
Subd. 8. Sunset Clause. This ordinance shall automatically sunset on
December 31,2002,
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this 22nd day of October,
2001.
Read and passed by the City Council of the city of Mounds View this 13th day of
November, 2001.
Rich s:J2a~
<~ ::jh~
Kathleen F, Miller, City Clerk-Administrator
Motion:
Seconded:
Sonterre:
Quick:
Stigney:
Marty:
Thomas:
Marty
Thomas
Aye
Aye
Aye
Aye
Aye
ss.
City of Moun(j~ Vie~
PUBLI(: HEM:lING No-flcE
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
'STATE OF MINNESOTA
TICE IS HEREBY GIVEN that the
MNOd V'lew City Council will hold a public
oun s b,e.r.13 2001 at
hearing Tuesday,NG=CityHaII; 2401
7'15pm atMounds .' M' nesota
Highway 10, MQunds View" t ding 0\
55112 to eondulet tr~~~~a ~ncnlse
ordinanee6187E mpyeElectrie and Natural
Fee on Xee ner~: ".'Qi . of Mounds
Gas Operations "."thm the ~ de!lirk'lg to
Vie~ fort:it~~!rO:>:C~ ~~iS mafter may
~: h:~~d at this meeting. If you have ques-
tions, please call 763-717-4011.
be. 1 2001).Mounds Vie'!'. New
(Novem r , . N viS
Brighton, St. Anthony Focus e .
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Focus News
. AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
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 publi.sher 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) Legal Notice - City of Mounds View-
Public Hearing Notice - Second Reading of Ordinance 687
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for -1- successive weeks; it was first
published on Thursday the -1- day of November, 2001, and was thereafter
printed and published on every Thursday to and including the _ day of
November, 2001; and printed below is a copy of the lower case alphabet from
. to Z, both inclusive, which is hereby aCknowledg,ed as being the size and kind
f type us~d in the composition and publication of the notice:
By ~~Ah\i~_rnru_Y'
Title: Publisher
Subscribed and sworn to or affirmed before me
on t i d frO
COLl.ET1l: KAERCHER ROBERTS
NOTARY PUBUC . MINNESOTA
MYCOMM. EXP. 01-31-2005
, ~
/1 - /
L,~k;O-~~ ' . .
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial users . $ 2,55 per line
. for comparable space I
) Maximum rate allowed by law for the above matter $ 6.20 per line
(3) Rate actually charged for the above matter
$ .45~ per line
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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,
331 A. 07 and other applicable laws, a$ amended,
(B) The printed (Official Publication) Legal Notice - City of Mounds View-
Ordinance No. 687
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for -1- successive weeks; it was first
published on Thursday the .2L day of November, 2001, and was thereafter
printed and published on every Thursday to and including the _ day of
November, 2001; 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:
:J--;: ~ 'b""fgh;jklm",pqffi,"~""
Title: Publisher
Subscribed and sworn to or affirmed Before me
on this ~day of November, 2001,
e COIJ.ETTE KAERCHER ROBERTS
NOTARY PUBUC . MINNESOTA
. . MYCOMM. EX? 01-31-2005 ·
/1 ~!. '~ . _
l-,~ih:.:~2u~J~
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
$ .45<t per line
.
e
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.....
City of Mounds View
ORDINANCE NO. 687
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A
FRANCHISE FEE ON XCEL ENERGY
ELECTRIC AND NATURAL GAS OPERA-
TIONS WITHIN THE CITY OF MOUNDS
VIEW FOR THE YEAR 2002
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 follow-
ing 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 Xcel Energy
(formerly Northern States Power Company),
a franchise fee of not more than four (4,0)
percent of Xcel Energy'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
fumish electric energy for light, heat, power
and import. transport. sell and distribute nat-
ural gas for heating, illuminating and other
purposes as outlined in Section .2 of
Ordinance Nos. 517 and 518.
Subd. 2. Franchise Fee
Statement. 1\. franchise fee is hereby
imposed on Xcel Energy under its electric
and natural gas Franchise Agreements in
the amount of four (4.0) percent of Xcel
Energy's gross revenues, as defined in
Section.4.2 of the Franchise .Agreements,
commencing with Xcel Energy's January
2002 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 com-
pany to add to its effective rates for the utility
service on which the public utility gross earn-
ings fee is imposed, a surcharge to reim-
burse such utility company for the cost of the
fee.
Subd. 5. Proof of Company
Gross Revenues, Xcel Energy shall make
each payment when due and shall quarterly
fumish a complete and correct statement of
gross revenues for said quarter, Xcel
Energy shall permit the City and its designat-
ed representative free access to the compa-
ny's records for the purpose of verifying
such statements,
Subd, 6, Enforcement. Any dis-
pute, 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 effec-
tive date of this ordinance and notwithStand-
ing 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 adopt-
ed ordinance upon Xcel Energy by certified
mail, .
Subd, 8. Sunset Clause, This
ordinance shall automatically sunset on
December 31, 2002.
SECTION 2, This ordinance takes effect
as provided herein.
Read by the City Council of the City of
Mounds View this 22nd day of October,
2001,
. Read and passed by the City Council. of
the city of Mounds View this 13th day of
November, 2001.
. .
Rich Sonterre, Maycir
Kathleen F. Miller, City Clerk-
Administrator
APPROVED AS TO FORM:
City Attorney
(November 22,2001) Mounds View, New
Brighton, St. AnlhonyFocus News