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Home My WebLink AboutOrdinance 703. ORDINANCE N0.703 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 2003 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 2003 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 and its designated representative free access to the company's records for the purpose of verifying such statements. • \\Ntserver\MasterFiles\2002\City Council\Ordinances\703.tlocSJR-186450v2 MU125-63 • 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 Xcel Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, • • 2003. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 9th day of September, 2002. Read and passed by the City Council of the city of Mounds View this 23rd day of September, 2002. ATTEST (SEAL) APPROVED AST ORM: ~~. City tto ey Motion: Quick Second: Marty Sonterre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Aye Rich Sonte e, Mayor Kathleen F. Miller, City Clerk-Administrator \\Ntserver\MasterFiles\2002\Ciry Council\OrdinancesV03.docSJR-186450v2 MU725-63 Cty'of Mounds View ORDINANCE NO, 703 CITY OF MOUNDS VIEW ~ s~~M~N sQ F S un AN ORDINANCE IMPLEMEfdTING A ocus AFFIDAVIT OF PUBLICATION ELECTRCIC AND NgOURAL GAS OPERA- . TIONS WITHIN THE CITY OF MOUNDS I ATE OF MINNESOTA) ii vlEw FE?R THE YEAR 2003 THE CITY OF MOUNDS`VIE1N ORbA1NS: SS . SECTION 1. ?he Gify of Mounds View - COUNTY OF HENNEPIN) ~ Municipal Code. Appendix D is hereby amended to include reference to theYoltow- ing Special Ordinance. Richard Hendrickson, being duly sworn on an oath states Or affirms that he is Subdivision is .eurpose. me Mounds" View City.Council has determined that it is in and has full the. best interest of me city to impose a fran- the Chief Financial Officer of the newspaper known as Sun Focus , chise fee on those: public utility companies knOWledge Of the facts WhICh are Stated belOW. that provide natural gas and electric services. within the City of Mounds View. a. Pursuant to City Ordinance No.b17 and Ordinance No. 518, which are the Franchise (A) The newspaper has complied with all Of the requirements constituting qualifi- Agreements ~°Franehise Agreements") cation as a ualified news a er as rovided b Minn. Slat. 331 A.02 betweentne city of Mounds view jtne °cily") q p p ~ p y § ~ ~ and Xcel .Energy (formerly Northern States 331A.07, and other a licable laws, as amended. Power company), a franchise fee; of nqt pp more than four (4.0) percent of XcelEnergy's i gross operating: revenues may be imposed by the City at any time. during. the 20 year term of the Franchise.:. The franchise feeds (B) The printed public notice that is attached, was cut from the columns of said paid as full compensation for the rights to ~ newspaper, and was printed and published once each week, for 1 SUC- transmit and furnish $lectria energy for light, ~ heat,. power and import, transport, sell and day Of distributenaturatgasforheating,illuminating cessive weeks; it was first published on Thursday, the 10 _ and. other purposes as outlined m Section 2 October and was thereafter printed and published on every of Ordinance Nos. 517 and-518. 2002 _, , Subd. 2. Franchise Fee Statement. A Thursday to and including Thursday, the day of franchise fee is hereby imposed on Xcel Energy under its electric and nataral'gas 2002; and printed below is a copy of the lower case alphabet from A to Z, both Franchise Agreements in the amount of four (4.U) percent of Xcel Energy's gross rev inclusive, which is hereby acknowledged as being the size and kind of type enues, as defined in Section 4.2 .of the "Franchise Agreements, commencing with used in the composition and publication of the notice: xoel Energy's January 2003 billing month: Subd. 3. Payment. The satdfranchise fee :" abcdef hijklmno rstuvwx z 9 Pq Y 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 compa- for the utility ~` ~ ~ ~ B p rtygross cam- senrce on which the ubti util' y' ings fee is imposed, a surcharge to reimburse Title: CFO such utility companyfior the cost of the fee, - Subd: 5. :Proof of Company-Gross. Revenues: Xcel Energy shall make 'each - payment when due and shall-quarterly fur- Subscribed and sworn to or ' medr 4efore me Wish a complete and correct statement of gross revenues for said quarter. Xcel (/ Energyshall permit the City and its designat, On this 1 ~day Of 2002 _ , . ed representati4e free access• to the comps- " ~ ny's records for the purpose of verifying such ~ ~ statements. Subd. 6. Enforcement. Any dispute, ' 1 n ~ including enforcement of a:default regarding ` this ordinance will be resolved in accordance with the Franchise Agreements. M Subd. 7. Effective Date of Franchise Fee: Notwithstanding'. he effective date of,this MERIDEL M. HEDBLOM ordinance and notwithstanding any contrary '~a'~`s NOTARY PUBLIC•MINNESOTA provisions in Section 4 of the.Franchise r ' MY COMMISSION EXPIRES 1.31.2005 Agreements the effective date of the tee col lected under Subdivision 2 of this ordinance. ^ is the later of ten (14) days after the publics-. ~~~~~~~~~- lion and after thQ Sending of written ngtice NOtary PUbIIC enclosing a copy of this adopted ordinance upon Xcei"Energy by certified maiC .Subd. 8. Suns$t Clause. This ordinance RATE INFORMATION :shall automaticaNy sunset orr December 3l, s 2003. 1 Lowest classified rate aid b commercial users $ 2.55 er line SECTION 2. This ordinance lakes,effecY O p Y p i as provided herein.. for comparable space ~ Read by the -City Council of the City ot, ~ Mounds View this- 9th-day of September,: (2) Maximum rate allowed by law for the above matter $ 6.20 per line 20 ca e e , ~i c na ny cw d and pass s ny n il of I I ttie city. of Mdtinds.View thi9 23rd: day of 3) Rate actually charged for the above matter $ .45 per line ~te~liNayor KaHNe6n F: Miggi,, ~Y Clerk-Administrator APPAOVEtb AS TQ FORIyI: Srxrit Riggs'" - CIty,Attomey L foe to, 7ix12)F3fOfd 70:i Xoe1