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Home My WebLink AboutOrdinance 767ORDINANCE N0.767 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 2006 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 maybe imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation, and in lieu of any permit or other fees being imposed on Xcel Energy, 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 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. 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. Upon publication of the ordinance and written notice delivered to Xcel Energy by certified mail enclosing a copy of the adopted ordinance, the effective date of the fee collected under Subdivision 2 of this ordinance is January 1, 2006. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise Agreements. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2006. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 9th day of January, 2006. Read and passed by the City Council of the city of Mounds View this 23rd day of January, 2006. APPROVED AS TO F RM: ity Atto y ~~ ~j Ro Marty, Mayor Kurt Ulrich, City Clerk-Administrator • • St~~e of lUIn>n~esota ~ SS Coumry of IgaYrnsey JESSICA ITALIANO ,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 BRICTHTON Ri JLLF,TIN ,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 sT week, for 1 successive weeks; it was first published on WED. ,the I day of FEB. , 20 06 ,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 *ABCDEFGHIJKLMNOPORSTUVWXYZ *abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me on ~ sT t is 1 day of FEB. , 20 06 Notary Public '`Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEA® Notary Publio-Minnesota RATE INFORMATION ~.. My Commission Expires Jan 31 2010 (1) Lowest classified rate paid by commercial users for comparable space ...................................... BY: (2) Maximum rate allowed by law for the above matter .............. (3) Rate actually charged for the above matter ................ 1 /06 ................$24.00 per col. inch .................$23.03 per col. inch ..........$ per col. inch JG, ~ t i'~~E . tf.1 ~: u .:. --' A20t ~1NgN C-TY OF ~V~ ~W COUNTY OF RgMSley AN RpANA OF MINNESOTq FRANCHfSE NCE III~p~fMEN'f OPERA R!C ND A ~ ~ N~ Y MOUN03 V N~~MIN ~S 171E CITY OFD THE YEgR ~ ~DAMS• MOUNDS • V SEC7•K3N t ~'Gi Munigp~ Code , fY of Moues View amended to i Appendix D fs hereb following Specie Ode reference to t~ Subdivision 1•. P ~ahce. View City Cou -Pose. The , is in the best inte~re of de~-mihed tltua e fmnohise tee me City to i ' ~Panies that pro~~~tu ablic use electric services , gas hY Mounds ~ ~ within the and w. City of a. Pursuant to CJty O~~nce artd ~minance Franchise qg ee• 518, which are the Agreements) betwee~~ (Franchise 'Mounds View (the `wit the Crty of Energy (forme„Y Northern g~ and eel thaon joy Y) a (mnchise f ~ P grr'1ffs~:.,°P~~1 ~roem~ ACC ir,not more fits ` ~~~ nY at' ~e m be irahchise ~~ of, the"F}hA~ COmpensa6onee is Paid or other fees anal !n lieu of ~mitryY. for theb~~ s roo Power distrl andcir~c energy for If` bute natu~ran' 9as~n' ilium mating and for 51~ and 518. ~~~ 2 0/ Orfiiry Subd, 2 Franchise Fee Staten Ener~~~ fee is hereby imp~~ Fr 9Y under its eleotnc a~ c anchise ggreemen ~ rave (4.0) Percent p(XCeI the ins. F~hise ~ ~ ed in Se~~4,' Xcel ants, monih•EnergYS Janua~ Subal. 3.. PalRnent, fee shall ~ said ryi, accyrrolar~e with atheble ~ps the ~. th ibd• 44SurtcF~~e~The Ag ereertre the Minnesota pCiry r~r com m`ss'°n regri,+res ubllc UtN. the ~~N sew ~ ~ etfe~cttvekf +~i.. ~rcharross ~ ~ ~ ~h. the i corhpahy for ~e reimburse soc a Subd• 5• Pr Cost of fhe fee. ' Revenues, Xce ~~ f Company. ~i ~Ymenf when due rgY shaA rnak ~~ of g% f omp-m® and ~R~t s auterry~ avenues f said Quarter ansrrgY shall pe~ur CI th® 9nrhated represents ffve ty and ~ ' veiltyings~ ch sta~r~nisr ~ Purp s W Subd_ 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance win be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Upon publication of the ordinance 'and written notice delivered to Xcel Energy by certinec(mail enclosing a copy of the adopted ordinance, the effective date of the fee collected under Subdivision 2 of this ordinance is January. i, 2006. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provision in Section 4 of the Franchise Agreements. Subd. 8. Sunset Clause. This otdinance shall automatically sunset on December 31,2006. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 9th stay of January, 2006. Read and passed by the City CouncN of the city of Mounds View this 23rd day of January, 2006: Rob Marty, Mayor Kurt Uirich, City Clerk=Administrator APPROVED AS TO FORM: Cdy Attorney (Bulletin: Feb. 1f12006) , • • C