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HomeMy WebLinkAboutOrdinance 796ORDINANCE NO. 796 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 2008 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. C~25, 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 2008 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 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, 2008. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 13th day of August, 2007. Read and passed by the City Council of the city of Mounds View this 27th day of August, 2007. /~ Rob PUlarty, Mayor Ulrich, City Clerk-Administrator ~. ~.. State off li~a~araesota ~ SS Cournty ®$ Raarnsey 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 NEW BRTCTHTON BULLETIN ,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 TH week, for I successive weeks; it was first published on WEDNESDAY ,the 5 day of SEPTEMBER 20 07 ,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: *ABCDEFGH IJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopq rstuvwxyz Notary Public *Alphabet should be in the same size and kind of type as the notice. '~~. TONYA R. WHITEHEAD = -. °- Notary Public-Minnesota RATE INFORMATION ,' sue; ~ MY Commission Fires Jan 31,2010 (1) Lowest classified rate paid by commercial users for comparable space ............................................ SOCIATE Subscribed and sworn to before me on this 5TH day of SEPTEMBER 20 07 (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter ............... 1 /07 .....$24.00 per col. inch .....$23.25 per col. inch .$ per col. inch ORDINANCE SUMMARY ORDINANCE NQ. 798 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 2008 On August 27, 2007, the Mounds View City Council adopted an ordinance which implements a franchise fee on Center Point Energy patural gas operations within the City of Mounds View for the year 2008. A copy of Ordinance 796 is on file and available for public viewing at the office of the Clerk-Administrator. 'fhe ordinance is also posted in its entirety on the City's website, located at www.cLmounds- view.mn.us. Kurt Ulrich, City Cle'ic-Administrator (Bulletin: Sept. 5, 2007).. •