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Home My WebLink AboutOrdinance 779U ORDINANCE N0.779 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 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. 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 faith 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 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 4.4 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 far 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, 2007. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of fhe 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. APP 1 (~~~ -- Rob Marty, Mayor 1 r ~' ,~ .~ . ~`d~ ~` Kurt Ulrich, City Clerk-Administrator • • 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 BRTCTHTnN BTTT.T.F.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 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: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUV WXYZ *abcdefghijklmnopgrstuvwxyz BY: TITL CCO NG ASSOCIATE Notary Public *Alphabet should be jn the same size and kind of type as the notice. ~~:. TONYA R. V~9HITEHEAD Notary Pu~tic-Minnesota RATE INFORMATION ~;.~ My Commission Expires Jan 31, 2010 (1) Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch Subscribed and sworn to before me on this 2OTH 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 N0.779 CITY OF MOUNDS VIEW VIEW FOp THE YEAR 20if7 Gt~UNTt! OF Rf1MSElf THE CITY OF MOUNDS VIEW ORDAINS: STATE OF MINNESOTA ~ SECTION 1. The City of Mounds View AN ORDINANCE IMRLEMENTING. A Municipal Code Appendix D Is hereby FRAI~HISE FEE ON :CENTER ROMT amended to include reference to the ENERGY NATURAL GA8 ORBRA- following Special Ordinance. TIpN3 tflfll'MN THE CIT1f OF MOUNDS Subdivision 1. Purpose. The Mounds __ _ _ View City Counclt flee determined that ft ~ is in the best interest,of the city to impose a hanchise fee on ttwse public utility companies that ptpvlde natural gas and electric services whhin the Gty of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Center Point Energy (formerly Reliant, formerly Mkrnegasco), the City has the right to impose a franchise tee of not more than four (4) percent on Minnegasco in amount and fee designs as set. forth in Section 4.1 of the Minnegasco Franchiss: Subd. 2. Frentitive Fee .Statement. A franchise fee is hsnby imposed on Center Point Energy ~rrttlvr Nv natural gas Franchi~ kf the. aramunt of four (4.d) percent of Cenbr Point Energy's groom revernras, as ds4krvd in Section 4.1 of tfre Frarrr~fM re commenting with CerNsr PoNrt Etrvrgy's January 2007 billing matMt. .Subd. 3. Payment. Thv vNd~ v fee shall be payable to tit. OFy In aCCOrdanoe with the ramie set forNt ;^ .Section 4.4 of tite Franchise.. Subd. 4. Surcharge. The City recogrlgv ..that the Minnesota Publio Utfllp Commission requires each said arty comparry to add to its effective rates ~ the utility service on which the pub utUity gross earnings fee is imposed, surcharge to reimburse such utiNt, company for the cost of the fee. 3ubd. 5. Proof of Company Gross Revenues. Center PotnE Energy shall make each payment when due and ahatl quarterly famish a .complete and Correct statement of gross revenues for saki quarter. Center Point Energy shalt permit fhe City and its designated representative free access to the company's records for the purpose of verifying such statements. Sutxi. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance wilt be revolved in accordance with the Franchise Agreement.. Subd. 7. Effectlve' Date of Frandtiae Fee. Notwithstanding the effective date of this ordinance and notwithstanding arty contrary provisions in Section 4 of the Franchise, the effective dare of the fee collected under Subdivision 2 of this ordinance is the -later of ten (10) days after the publication and after the sendutig of written notice endosing a.COp~r of 'ad(3pted ordinance upon Center Point °>irtargy by certified mail. Subd. 8. Sunset Clause. This ordinance . shall automatically sunset on December 31, 2007. SECTION 2. This ordinance takes effect as provkled herein. Read by the City Council of the City of Mounds View this .28th day of August, ~. Read and passed by the City Council of the city of Mounds View this 11th day of • September, 2008. Rob Marty, Mayar ..Kurt Ulrich, City Clerk-Administrator APPROVED AS TO FORM: City Attom"ey (Bulletln: Sept. 20, 2006)