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Home My WebLink AboutOrdinance 719~,. ORDINANCE N0.719 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2004 THE CITY OF MOUNDS VIEW ORDAINS: SECTION L 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 Center Point Energy (formerly Reliant, formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Center Point in amount and fee designs as set forth in Section 4.1 of the Center Point Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Pomt Energy under its natural gas Franchise in the amount of four (4.0) percent of Center Point Energy's gross revenues, as defined in .Section 4.1 of the Franchise commencing with Center Point Energy's January 2004 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. Center Point Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Center Point 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. r~ \\trout\Fi na nce\Taxes\Franchise\Rel iantE nergyOrd.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 Center Point Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2004. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 8th day of September, 2003. Read and passed by the City Council of the city of Mounds View this 13th day of October, 2003. • ~~ ~~ urt Ulrich, City Clerk-Administrator \\trout\Fi nance\Taxes\Franchise\Rel iantE nergyOrd.doc SJR-186449v1 MU210-14 APPROVED AS TO FORM: ~a~vi~ ~f ~~nl~llic~~n~~n • scats of Mararaesoca ss Co~~ry ®f Ra~s~y Keri Solseth ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF,W BRTCrHTON RT ILLETTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE 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 WED• ,the 21ST day of JAN. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;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: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefg hijklmnopq rstuvwxyz BY: TITLE Subscribed and sworn to before me on sT IL. this 21 day of JAN. 20 04 Notary Public *Alphabet should be in the same size and kind of type as the notice. • • ~~ RATE INFORMATION ~f ~ ~rD. 3t, ~f~s ^ di~P9 (1) Lowest classified rate paid by commercial users for comparable space ....................................... (2) Maximum rate allowed by law for the above matter.. (3) Rate actually charged for the above matter .. 1 /04 .$24.00 per col. inch .$20.49 per col. inch $ per col. inch ~~Cil~lflt{S ~/1eW ORDINANCE N0.718 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MIyNENOTA AN oRDfrtaNCE tN~'LEMENTq~K3 w FRANCHISE FEE ON REIaANt ENERf3Y NATURAL "~ OA$ OPERATIONS , tIY1TMItJ THE .C(f'1F dF MOUNDS VIEW FORTHE YEAR 2004 THE CITY OF', MOUNDS. , VIEW ORDAINS; st=cTlbN ,a. me Giry w Mounas vew Municipal Code Appendix D is hereby tintenrled , to inCtuds ':refaretx;e tp' the tottowing Specie( Qt~rrancre. $-atsian 7. i'oR~. `ffip'~iriur'ds V~r C#y Council has determNtiltttl+et ft ~1Fl thP`t~est irtterest of the City to a franchise feA on utobp pubic companies that' pro~de riaturai gas and electric eeniicab withkr tiff( City of RAounrbs View. a.. Pirrsuent tc'.Cay Qrd~nenCq'ND. 625, a F`railQhNiatttent batweah the City and ReiiarM I~nergy (fomtsriy ~+-inn®9ascc?, the City h~ the rim to 'tl~''fl~illtlsa f.e Af rlpt mpr8 theft 'four (4) .percent ..ore.. aBnnegesco M bmourn .mod fee desi9tta as'sEet fonh M 'Saetion 4.t of the Mlnnepasco Franohisa.. Subd. 2. Franchise Fest3tatemerK. lk franchise fee is hereby Imposed' on Reliant Epergy under ifs natuP>;i in: the BNttount ~ percerr~" of Relisrt Energy's, gross revennee;, as dafMeddn $ei4.t of the :Franchise conansndng 'whit Reliant Fnetagy's danuary`2ooa biAinp marnlt. ~_ Subcl. 3: • 11ts said franchise fse shau bs; p6yabb !o ute CNyr an aocordaina wYh 1«N tams sat torgt-fit Sscuon 4.4 otthe amiss. Subd. 4. f3ur+ohargs. Ttte „;Chy r1~ (flat tfte MMrtaaota Pt~tYc u~itiee Cdfnrinis;ia- requires et:~A said ut>gty, rty to add to Its effacuva tOt tka'"utluty saivk~'Ort Miftlch aw public. utiNfjr gross. elnt(npe }ee ~s imposed, a aur~t6trps to rsNtitlurse such utuity for the of trrs fae: f3<ubd: S.ioat. 04 13rws . ReNaM Ensa(N shau,meik~e each- payment when ; dus 'and _shall qu8lterly fuiriieh a"complete and'cot»et statement of n>rventras' for bald quarter. faanant Eratpy tutau permit uie city and its ;deslq~tad reprleanta~ve n.e acoees to the oompany'a records for ' the purpcbe of vsrilyinp: such ~atarnantb. Subd: ti: Enforcement. Any dieputs, includErg entoresmam of a dsfeult regarding Mis ordnance wUi be raiolved in acoordanos with fhb FrahCttise Agree-nOnt. Sultd. 7: Effective .Data Of Frarx~se Fes. Notwghstartdirrpthe atteCdv} dada of this .ordinance and nom any contrary'proviaiortis in 3sttion':4 of the frartdMSe, the elfectNa dbta of tM tea collected under SubdNision a of this ordinance is the (star of-tart (1A) days after the prabicn ar9d after the sending ; of wrftten nt~d atq~aeirt8 a Copy of ondirranse upon Aeuartt Energy by ca~jA4 rrtaN. Subtld 8. tdunset Clause. This Q~~ aummaticasy sunset on 31,2004. S[Cl`ItJN 2.'This oMnance tsices effect as ptet!IEtd lfbrein. Read bX tits ~Y CoferrrtS: cd tltU Ci~Y of> . V(aw This (tut of Saptertiba Rieiitl. ahd parsed hY the Cky Gouctcs Af; the cfiy of ti+lotirrdr. Vww this t3ur.day.af; bctober, 2bo3. .isery ~ , KWtlI1MM ~tr"th ClariaAdatlnletr~er. (Bulist~ti.'dwrt. ~~ ~) '' ~.- •