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Home My WebLink AboutOrdinance 704• ORDINANCE N0.704 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 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. 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 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 4.4 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. • \\Ntserver\MasterFiles\2002\City Council\Ordinances\704.doc SJR-186449v1 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 Reliant Energy by certified mail. • 2003. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 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 Mayor r Rich Sonterre, ~~~~~~ Kathleen F. Miller, City Clerk-Administrator • (SEAL j APPROVED AS TO FORM: City t rney Motion: Thomas Second: Quick Sonterre: Aye Stigney: Aye Quick: Aye Thomas: Aye Marty: Aye \\Ntserver\MasterFiles\2002\City Council\Ordinances\704.doc SJR-186449v1 MU210-14 Sun Focus AFFIDAVIT OF PUBLICATION ~TATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. Richard Hendrickson, being duly sworn on an oath states or affirms that he is the Chief Financial Officer of the newspaper known as Sun Focus, 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 Minn. Stat. § 331A.02, § 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached, was cut from the columns of said newspaper, and was printed and published once each week, for 1 suc- cessive weeks; it was first published on Thursday, the 10 _ day of October , 2002, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2002; and printed below is a copy of the lower case alphabet from inclusive, which is hereby acknowledged as being the size and used in the composition and publication of the notice: - ~-~-- abcdefghijklmnopgrstuvwxyz ~.-.. - ~. Bv~ Title: CFO Subscribed and sworn to or ~med efore me on this ___~_~day of , 2002. MERIDEL M. HEDBLOM NOTARY PUBLIC•MINNESOTA MY COMMISSION ExPIRES 1.31.2005 Notary Public RATE INFORMATION A to Z, both kind of type (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 per line i City of Mounds View ORDINANCE N0.704 CITY OFMOUNDS VIEW , COUNTY OF RAM$EY STATE OF MINNESOTA ANORDINANCE.NNPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY NATURAL GAS OPERATIONS WITHIN ' THE CITY OF MOUNDS VIEW FOR THE. YEAR 2003 THE CITY pFMOUNDS VIEW ORDAINS: SECTION. 1. The City of Mounds View Munfcfpal.Code Appendix. Q is hereby ` amehded to iriblude 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 !o impose a fran- chise 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 (fbrmerly Minnegasco), the City has the right 4o 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 I, Energyunder Rs natural gad Franchise in the i amount of four (4.b) percent of Reliant.; Energy's gross revenues; as ,defined in`~ Section 4.1 of the Franchise commencing ,OVith Reliant 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 4.4 of the Franchise, Subd. 4. Surcharge. The City recognizes Shat the Minnesota Public :Utilities Commission requires each said .utility com- pony to add to its effective. rates for the utility service,on which the public utility gross earn- ings fee is imposed, 8 surcharge to reim- Ezurse such utility company for the cost of the fee.. $ubd. 5. Prgof of_Company Gross. • Revenues. Reliant Etergy shell make each payment when due and shall quarterly fur- . Wish a complete and correct statement of gross revenues for said quarter, Reliant .,Energy shalt permitthe 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 dispute, including enforcement. of a default regarding this ordinance will be resolved in accordance i wkh the Franchi?e Agreement: Subd. 7~. Effective Date of Franchise Fee. Notwithstanding the effective date of .this ordinance and notwithstanding any contrary provisiohs 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 i the. sending of written notice enclosing. a ' copy of this adopted ordinance upon Reliant Energy by certfied 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. Rich Sonterre, Mayor= Kathleen F. Hitler, Ciry Clerk-Administrator APPROVED AS TO FORM: Scott Riggs City Attorney (oa i o, 2t1o2tF~ora zod Ballard