HomeMy WebLinkAboutOrdinance 778• ORDINANCE N0. 778
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 V{EW FOR THE YEAR 2007
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 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 51 $.
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 Xcei Energy's gross revenues, as defined in
Section 4.2 of the Franchise Agreements, commencing with Xcel Energy's
January 2007 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.
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• 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, 2007.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this 28th day of August,
• 2006.
Read and passed by the City Council of the city of Mounds View this 11th day of
September, 2006.
Ro Marty, Mayor
,/'~ ~ ! ~ r
Kurt Ulrich, City Glerk-Administrator
APPRQVED AS FORM:
~ _.
City to ne
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State of Minnesota 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 RRT("THTnN RTTT.T.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
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WEDNESDAY ,the 20TH day of
SEPTEMBER , 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:
*ABCD EFGH IJKLMN OPQRSTUV W XYZ
'ABCDEFGHIJKLMNOPORSTUVWXYZ
*abcdefghijklmnopgrstuvwxyz _ ~,..-~~L _
BY:
Notary Public
'AlphaSet should be in the same size and kind of type as the notice.
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TONYA R. Wl~ITENEAD
Notary Public-Minnesota RATE INFORMATION
~~~ ~ My Commission Expires Jan 31,2010
a r ~'
(1) Lowest classified rate paid by
commercial users for comparable space ............................................................$24.00 per col. inch
Subscribed and sworn to before me on
this 20Tx day of SEPTEMBER 20 06
(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
ORDINANCE NO.77t3
CITY OF MOUNDS'VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ~1DHNANCE RAPLEMENTIIr>ti A
FRANCFIIEE FEE oN XC~L ENERtiY
ELECTRIC AND NATtltiAL QAS
OPERATIONS WITHIN THE CI1'tf OF
MOUNDS VHEW FOR THE YEAR 2007
THE CITY. OF MOUNbS VIEW
ORDAINS:
SECTION 1. The' City of Mounds View
MunicipaV Code Appendix D is hereby
amended to include reference to the
following Speaal Ordinance.
Subdivision 1. Pu-pose. The Mounds
View City Council has determined that it
is irrthe best interest Of the Cilyto impose.
E} french~e fee on tftose public utility
;txlhtpanies that prov~ natural gas and
efeCNic services wdhlm the City of
Mounds View.
a. PUriuanY t0 Gity Ordinance No. 517
and Or~hance No. 518, .which are the
Franotiise Agreements ("Franchise
Agreements") between the City of
fulounds View (the"'"City") and Xcel
Energy (formerly Northam States Power
Company), a franchfse fee of not more
than four (4.0) percent of Xcel Energy's
gross, operating revenues may be
.imposed. by the City at.arry time during
the 20 year term of the Franchise. The
irenchfse fee Is paid as full compensation
for :the righffi to transmit and furnish
electric energy for 1igM, heat, power and
`import, transport, salt and distribute
naturalgas fior'headng, illuminating and
other purposes as outlined"in Section 2 of
' ordinance Nee.;517 and sit).
Sutxl. 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 XCeI Energy's gross
revenues, as defined in Section 4.2 of the
Franchise Agreements, commencing with
Xcel Energy's January 2007 'Wiling
month'.
Sutxl. 8•,.Fayment. The said franchise
fee shaih .be payable to the City in
accordance with the temps set forth in
Section 4 of the Franchise Agreements.
Sued. 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 pubic
utility gross earnings fee is imposed, a
surcharge to reimburse such .utility
company for the rust 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 rsoords frx the purpose of
~rffyin9 sucd c~eman~.
Subd. 13. Enfo-~cement. Any dispute,
including enforcement of a default
regarding this ordinance will be resolved
in accordance with the Franchise
Agreemerrts.
Subd. 7. Effective Date of Franchise
tFee,. Notwithstanding the effectivend~ate of
ca~~lons nip o! tlib'
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 uy certified mail, ,
Subd. 0, Sunset Olause. This ordinance
ah811 autorrxitleelly sunset on December
31,•2007..
SECTIOIJ 2. This ordinar-oe takes effect
as,provided herein.
Read by the City Councl of the City of
Mounds View this..2t}th'day of August,
2006.
Read and passed by the City Council of
the city of Mounds. View this 11th day of
September, 2006.
Rob Marty, Mayor
Kurt Ulrich, City Clefk-Administrator
APPROVED AS TO FORM:
City Attorney
(Bulletin: Sept. 20,.2006)
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