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.
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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.
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'~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..........
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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)
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