Loading...
HomeMy WebLinkAboutOrdinance 746ORDINANCE N0.746 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 2005 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 far 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 2005 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. LJ 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. 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, 2005. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 23rd day of August, • 2004. Read and passed by the City Council of the city of Mounds View this ~~"day of 2004. Kurt Ulrich, City Clerk-Admin APPROV AS Tf) ORM: r CyAttr ~J State o~Mirnrnesota ~ SS Cm~>nty ®~ Ramsey Keri Solseth ,being duly sworn, on oath, says that • n he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW RRT THTON RT TT, ,F,TTN ,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. 746 which is attached was cut from the columns of said newspaper, and was printed and published once each ND week, for 1 successive weeks; it was first published on WED• ,the 22 day of SEPT. 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 `ABCDEFGH IJKLMNOPQRSTUVW XYZ 'abcdefghijklm nopq rstuvwxyz Subscribed and sworn to before me on ND this 22 day of SEPT. 20 04 Notary Public TITLE ACCOUNTING ASSOCIATE *Alphabet should be in the same size and kind of type as the notice. TQ~WY'A fl. gRfN~TEFfEflD iiMl1'Wh i'118E1G•~II;rA RATE INFORMATION X11 CixtNt~ F.a4~NSr .ian. 31, 20()s (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 Moilnd~ ~ ^ew ORDINANCE N0.746 of CITY OF MOUNDS VIEW of COUNTY OF RAMSEY STATE OF MINNESQTA AN ORDIN/tNCE IMPLEMENTING A FRANCHISE".FEE ON XCEL ENERGY E ELECTRIC AND NATURAL bas OP£RMTKIM6 YVITFaN 7HE GfrY OF MOUNDS VIEW FOR THE YEAR 2005 ~ THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View.. ' Municipal Code Appendix D is hereby 2 amended to include reference to .the fdlowing Special Ordinance. Subdivision 1. Purpose. The Mounds hat 't this ordinance and notwithstanding any contrary provisions in Section 4' of the renchise Agreements, the effective date the fee coNected under Subdivision 2 this ordinance is the Ie~t oP ten (10) days after the publication artd after 111e sending of written notice enelositp a copy of this adopted,arcfinarxe upon Xcel nergy by certified nraN. Subd. 8. Sunset C~uae. This rdinance shall automatic~y eunset on ecember 31, 2005. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council otthe City of Mounds View this 23rd day of August, 004. Read and passed by the City Councl of the city of Mounds View this 13th day of September, 2004. View City Council has detemm~ed t r ~~ L.inke is in the best interest of the City to impose Mayor a franchise fee. on those public, utility Kurt Ulrich cx;tmper~ies Nrat provide natural gas and ~y Clsrlt-Adminktretor electric services within the City of APPROVED AS TO FORM: ~~ VievK Scott Ri s Ci Attorney a. Pursuant to City.Ordinance No. 517 Bulietin9Sept. 2, 2004) and Ordinance No 518 which ere the ~ Franchise Agreements ("Franchise - Agreements? between the' City of Mounds ' VieVY (the "City") and Xcel Energy (formerly Northern States Power Company), a franchise fee of noY more' than fo4r (4.0) peroeM of Xcel Energy's gross .operating. revenues may be imposed by the City at any time .during 1tre;p0 yrasr:term of the Franchise. The ffemchise fee Is paid as fuA compensation .for ttre righffi to transmit and furnish stec~c energy for light, he~;,power and ..import,; tranlport, sell end distribute naiti~ gas foie heeding, illuminating and otitar pdfpgses as ougined in Section 2 of Ordirtanae Nos. 517: and 51 fl.:. " Subd. 2. Ft~ocfd86 fee Statement. i4 frar~se ~ hereby Irnposed'on Xcei Errsrgy under ifs electric and natural gas Franchise Agreements in the., amount of ~' (4.0) percent of Xoe( Eniffgy's gross raveraras. llt:~ kr gectirn14.2 Of the Frar>i;t-ise /-gi~eements, commencing with "Xce1 Energy's January 2005. billing monlfr: Sutid. 3.' Payment. The said franchise fee shah be payable to the City in accordairce Wilt she terms set forth in 9 , Becton 4 of the Frenchise Agreements. Subd. 4. Surcharge. The City recognizes that fhe .Minnesota Public -U[Iitties Commiftsion roquires each said utility. company to add to 1~ effective rates for . ~ fir: geinlice on whtch thee. public utlltty gross eaminge: ,fee fs imposed, a surtx-~ge t© reimburse such utility Mr the rwst of ttie tee. Sutid.; 5< Proof of Company Gross RewirNreR. XoM•Eriargy ahaN make each payment when. due and shall quarterly fumisti a complete and correct statement of gross revenues for: said quarter. Xcel Energy shah permit the City, and its desigr-atsd repr~antMive free access to the company's records for the purpose of verifying such statemerrts. Subd. 6. Enforcement. Airy dispute, including enforcement of ' a default regarding this ordinance wNl be resolved in axordance with tfie Franchise Agreemerrts. 3ubd. 7. Effective. Date of Franchise Eee. Floturithstanding the effective date i .. _ ... ..... • •