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HomeMy WebLinkAboutOrdinance 747ORDINANCE NO. 747 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 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. 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 Paint Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point 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 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 4.4 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. 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, 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 ~ d y of ' , 2004. • • • State of 1l~nra~aesota SS Cournty of T~arrnsey~ 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 NEWBRT THTONRITT,T,ETIN ,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. 747 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: 'ABCDEFGH IJKLMNOPQRSTUVW XYZ 'ABCDEFGH IJKLMNOPORSTUVWXYZ 'abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on ND this 22 day of SEPT. 20 04 Notary Public "Alphabet should be in the same size and kind of type as the notice. • '~OWi`l~ R. ~TEHEAD ~E~TA RATE INFORMATION wr~r oaew~ ~ a~. 2oas (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.......... r TITLE ACCOUNTING ASSOCIATE 1 /04 ...........$24.00 per col. inch ................$20.49 per col. inch ....................$ per col. inch ORDINANCE NO.747 cmr of Mouaos wEw COUNtl! OF RpMSEY ' STATE OF IiIgNNESOTA AN ORDINANCE IMPLEMENI'INQr A FRANCHISE FEE ON CENTER POINT ENERGY :NATURAL CiAB OPERATIONS WITHIN THE CITY OF MOUNDS VIE~Y FOR THL YEAR 2DOB THE.. CITY OF MOUNDS VIEW ORDAINS: SECTION 1 • Tate City of Mounds Vie~nr Municipal Code p,~endix D ie hereby arrentled to include refarsrfce ~ the folipi~t-ng Special Ordinanee. 5ubdivisfon 1. Purpose. The (Mounds. ViaNr City Council has detenaned that ff i~in the best interest oYthe City reimpose franchise fee on those public utility companies that provide natural gas and electric services within .the City of Mourttis View: , a. Pursuant to City OrtJinance No. 525, a Franchise Agreement between tohertC~ and Center Point Energy ( Y Reliant, fonneHy Minnegasco), the City has the right to impose a franchise fee a 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 F>'arx;itise. Subd. 2. Franchise Fee State ~t•o franchise fee is .hereby imp6 Center Point Energy under its natural gas Franchise in the amount 'of four (4.0) percent of Center Point EnaBY's gross revenues, as defined in Section 4.1 bf the Franchise commencing with Center Point Energy's January 2005 billing rtronth. $ubd. 3. Payment. Tha safd franchise fee .shall be payable to the City in acconiance with the terms set forth in Section 4.4 of the. Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Publfc Utilities Cornmfssion requires each .said .utility company to add to its effective rates for the utility service on which the. public utility gross earnings fee is unposed,'a surcharge to reimburse suer. utiNty company tqr the cast of the fee. bd. 5. Proof of Company Gross revues. Center Point Energy `shall ke each payment when due and shag rrteny famish a complete and correct temeM of .gross r~venue~~pem-ift liter. Center Pant Energy City and its designated representative e access to the company's records for purpose of verifying such statements. ubd. 6. Enforcement. Any dispute, ;lulling enforcement of a default laming this ordinance wiN be resolved accordance with .the Franchise ireemeM. ~ubd. 7. Effective Date of Franchise se. Notwithstanding the effective date this ordinance and notwithstanding any rntrary provisions in Section 4 of the anchise, the effective date of the fee ~Ilected under Subdivision 2 of this rdinance is the later of ten. (10) days fter the publication and after the sending f written notice enclosing a copy of this dopted ordinance upon Center Point Energy by cerUFied mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on pecember 31, 2005. SECTK)N 2. This ordnance takes affect , as provided herein. Read by the City Council of the Cny' of Mounds View this 23rd day of August, 2004. Read and passed by the Crty CouncN of the city of Mounds View this 13th day of September' 2004. Jerry Liniae Mayor Kurt Uklch City Clerk-Adminlatrator APPROVERAS TO FORM: Scott Riggs, City Attorney (Bulletin: Sept. 22, 2004) _.. . ,. •