HomeMy WebLinkAboutOrdinance 722ORDINANCE N0.722
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 2004
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 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 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.
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MU125-83
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,
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.
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APPROVED AS T.9-FORM:
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MU125-63
urt Ulrich, City Clerk-Administrator
t
•
State of Minnesota ~ SS
County of Ramsey
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 NEW BRIGHTON BULLETIN ,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 NO. 722
which is attached was cut from the columns of said newspaper, and was printed and published once each
ND
week, for I successive weeks; it was first published on WED. ,the 22 day of
OCT. 20 03 ,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:
*ABCDEFGH IJKLMN OPORSTUV W XYZ
*ABCDEFGHIJKLMNOPORSTUWVXYZ
*abcdefghijklmnopgrstuvwxyz
BY: _ ~. _ .. ,:
TITLE ACCOUNTING ASSOCIATE
Notary Public
*Alphabet should be in the same size and kind of type as the notice.
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~®g9~k~U~-~df~[~dESOTA RATE INFORMATION
linty ~.,®anPn. Jan, 31.2005
® a
(1) Lowest classified rate paid by
commercial users for comparable space ....................................................
Subscribed and sworn to before me on
this 22ND day of OCT. 20 03
(2) Maximum rate allowed by law for the above matter .........................
(3) Rate actually charged for the above matter ....................................
$23.00 per col. inch
$18.62 per col. inch
......$ per col. inch
1103
ORDINANCE NO: 722
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY,
.STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTINQ A
FRANCHISE FEE ON XCEL ENERUY
ELECTRIC AND NATURAL t3J13
OPERATIONS WrTHIN THE CITY OF
MOUNDS VIEW FOR THE YEAR 2004
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
folbwing SPeclai Qrdinance:
Subdivision i. Purposex The. Mounds
View City Council has determined that h
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 Cky of
Mounds Vfew.
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 (tormery Northam 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 feeds paid as full compensation
for the rights to transmit and fumish
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).perceM of Xrxsl Energy's gross
revenues,.as defined in Secriion 4.2 of the
Franchise Agreements, commencirtg'with
Xcel 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 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 effeclive rates for
the utility service on which the pubNc
utility gross earnings flee fs 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
paymem wfien due arm shell quarthdy
fumish a complete and carrert statement
of grass teygrtpaa f'Drsaid querter';)C~I
Energy.:ahall .permit thit Gty and its
designated representative free access to
the company's records for the purpose'of
. verifying such statements.
Subd. 8. Enforcement. Any dispute,
including. enforcement of a default
regarding this ordinance will be resolved
in accordance with the Franchise
Agreemems.
"`,,~ ~S~~~u~bd• 7. Effective Date of Franchise
',Gee. Notwithstanding the effective date of
this ordinance and notwithstantling any
"'YtSntrery Provisions in Sect~n 4 of. the
Franchise Agreements, the effeetNe date
of the fee collected under SubdNision 2
of this ordinance is the later of tpn (10)
days after the publication and after the
sending ofwritten notice enclosing a Dopy
of this adopted ordinance upon Xcel
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 Yrew this 8th day of September,
2003.
Read and passed by the City Council of
the city of Mounds View this 6th day of
October, 2003.
Jerry. Linke
Mayor
Kurt UMch
City Clerk-Atlminfatrator
APPROVED AS TO FORM:
Scott Riggs
City Attorney
(Bulletin: Oct. 22, 2003)
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