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HomeMy WebLinkAboutOrdinance 768ORDINANCE N0.768 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 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. 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 • Minnegasco in amount .and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements in the amount of four (4.0) percent of Center Point Energy's gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy's January 2006 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. Upon publication of the ordinance and written notice delivered to Center Point 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. $. 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. ~, ~' ~~7 ;~~~~~- Rob Marty, Mayor • urt Ulrich, City Clerk-Administrator APPROVED AS TO FORM: City Atto ey • • • State of Mlinnesota ~ SS County of Ramsey 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 RRTC,HTnN RITT.L.ETTN ,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 I successive weeks; it was first published on WED• ,the 1 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 *abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on I v sT this T day of FEB. 20 06 Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD NotaryPublic-Minnesota RATE INFORMATION -..:: ~ Commisskm Expires Jan 31, 2010 ,as:~ (1 Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch (2) Maximum rate allowed by law for the above matter ...........................................$23.03 per col. inch (3) Rate actually charged for the above matter .......................................................$ per col. inch 1 /06 BY: ORDINANCE N0.7G3 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY. NATURAL GAS OPERATIONS WITHW THE CffY OF MOUNDS VIEW FOR THE YEAR Zp06 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 CouhcN has determined that ft is in the best interest of the City to impose a franchise fee on those public utility companies that provide datural 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, formery Minnegasco), the City 'has the right to impose a franchise fee of .not more than four (4) percent on Minnegasco in amount and flie designs as set forth in .Section 4.1 of the Minnegasco Franchise. Subd. 2. Frenchise Fee'Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements M the amount of Pout (4.0) percent of Center Point Energy's gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point'Errergy's January 2006 btlling rrwnthi Subd. 3: Payment. Thp itlk>l franchise fee shall be payable to 'the City. in accordance witty the temis 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 w its effective retes for the utility service. on which the public utility gross earnings fee is imposed, a surcharge to `reimburse such ;utility- comp~rfY, for the ~M of the ffle~ GrQSS,~, Subd, ,,5, ~'roo( of CRmpany Revenues,, Ctirtt(ir Point -~S~9k:.~~!! make each payment when due Brtd shall quarterly furnish a cerePrenu awn ~~ said statement of gross quarter. Center Point Energy shall pennft the City and its designated reprosentative 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 acaorcfance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Upon puglication of the ordinance and written rwtice delivered to Center Point Energy by certified mall encbsing 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 notwithstand- ing any ccartrery 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• Rob Marty, Mayor Kurt Ulrich, Cfty Clerk-Administrator APPROVED AS TO FORM: City Attorney (Bulletin: Feb. 1,2006) • • •