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HomeMy WebLinkAboutOrdinance 849ORDINANCE NO. 849 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 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 three and eighty-seven one hundredths of a percent (3.87%) of Center Point Energy's gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy's January 2011 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 nofinrithstanding 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, 2011. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 9th day of August, 2010. Read and passed by the City Council of the city of Mounds View this 23~d day of August, 2010. Publication Date: September 2, 2010 ATTEST: J ~ F1ahe , Mayo ~ ~ ~~ ~ Jim Ericson, City Clerk-Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 849 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 On August 23, 2010, the Mounds View City Council adopted an ordinance which implements a franchise fee on Center Point Energy natural gas operations within the City of Mounds View for the year 2011. A copy of Ordinance 849 is on file and available for public viewing at the office of the Clerk-Administrator. The ordinance is also posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us. ~,J l~l~l~~~'~;~t~~Z~~ Jim Ericson, City Clerk-Administrator