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HomeMy WebLinkAboutOrdinance 688 . . . ORDINANCE NO. 688 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY 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, 625, a Franchise Agreement between the City and Reliant Energy (formerly 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 Reliant Energy under its natural gas Franchise in the amount of four (4,0) percent of Reliant Energy's gross revenues, as defined in Section 4,1 of the Franchise commencing with Reliant 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 4.4 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, Reliant Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Reliant Energy 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. 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 Reliant 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 ofthe 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, y\~ Rich Sonterre, May ;Z;;~4~ Kathleen .. Miller, City Clerk-Administrator Motion: Seconded: Sonterre: Quick: Stigney: Marty: Thomas: Quick Marty Aye Aye Aye Aye Aye .. 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 331 A.02, 331A.07 and other applicable laws, as amended. (B) The printed (Official Publication) Legal Notice - City of Mounds View- Ordinance No. 688 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 -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: By: frJ~{Mh;l"m",Mffl,"~~ .~ .... Title: Publisher Subscribed and sworn to or affirmed before me on this -2Lday of November,-2001. · e COI..l..ElTE KAERCHER ROBERTS : NOTARY PUBLlC . MINNESOTA · JIf COMM. EX? 01-31-2005 . ., Gwv~ 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 I (3) Rate actually charged for the above matter $ .45(/; per line ~ I I Ie . City of Mounds View ORDINANCE NO. 688 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY 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 follow- ing Special Ordinance, . Subdivision 1. Purpose, The Mounds View City Council has determined that it is iO tl:le best interest of the City -to . imPose,a franchise fee on those public utility companies that provide natural gas and electric services within ~he City of Mounds View, ., a, Pursuant to City Ordinance No. E!25, a Franchise Agreement between the City and Reliant Energy {for- merly 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 411 of the 'Minhegasco Franchise. . Subd. 2, Franchise Fee Statement. A franchise fee is hereby imposed on Reliant Energy under its natural gas Franchise in the amount of four (4.0) percent of Reliant Energy's gross revenues, as defined in Section 4.1 of the Franchise commencing with Reliant 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 4.4 of the Franchise. .. 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 .eam- 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. Reliant Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quar- ter. Reliant Energy shall permit the City .and its designated representative free access te the company'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 Agreement. 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, the effective date of the fee collected under Subdivision 2 of this ordi- nance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordi- nance upon Reliant Energy by certified mail. Subd. B. 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, Mayor Kathleen F. Miller, City Clerk- Administrator APPROVED AS TO FORM: City Attomey (November 22, 2001) Moun~s View, New Brighton, St. Anthony Focus News 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 331 A.02, 331 A. 07 and other applicable laws, as amended, I ' (8) The pri.nted (Official Publication) Legal Notice - City of Mounds View- . Public Hear'ing Notice - Second Reading of Ordinance 688 1 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 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 acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz By:frk{JA Title: Publisher Subscribed and sworn to or affirmed before me ont ' COllETTE KAERCHER ROBERTS NOTARY PUBUC . MINNESOTA MY COMM. EX? 01-31-2005 /), -/ ^~^ . l~}~i<\u~ Notary Public RATE INFORMATION e1) Lowest classified rate paid by commercial users $ 2,55 per line for comparable space ) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ .45e per line City of MOU"4S ~iew PUBLIC ~cARING NOTICE CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVE;N that th.e Mounds View City Council will hold a public hearing Tuesday, November 13, 2001 at 7"15pm at Mounds View City Hall, 2401 H'ighway 10, Mounds View, Minnesota, 55112 to conduct the second reading. of Ordinance 688 Implementing a Franchise Fee on Reliant Energy Natural ~as Operations within the City of Mou~dS View for the Year 2002. Anyo.ne deSiring to be heard with reference to this matter.may be heard at this meeting. If you have ques. tions, please call 763-717-4011. . (November 1, 2001} Mounds View, New Brighton, st.' Anthony Focus News .