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Home My WebLink About0940 Ord (Franchise Fee) 6" ..,""""':' ORDINANCE NO. 940 AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY GAS AND ELECTRIC OPERATIONS WITHIN THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: 1. AMENDING. The City of Stillwater City Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Stillwater 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 Stillwater. (1) Pursuant to City Ordinance No. 809, a Franchise Agreement between the City and Northern States Power (now "Xcel Energy"), the City has the right to impose a franchise fee of not more than five (5) percent on Xcel Energy's electric distribution operations set forth in Section 9.1 of the Xcel Energy Franchise. (2) Pursuant to City Ordinance No, 808, a Franchise Agreement between the City and Northern States Power (now "Xcel Energy"), and pursuant to Minn. Stat. S216B.36, the City has a right to impose a franchise fee upon the natural gas operations ofXcel Energy. Subd. 2. Franchise Fee Statement. (1) A franchise fee is hereby imposed on Xcel Energy under its electric distribution Franchise in the amounts indicated in the following Fee Schedule from each customer in the designated company customer class: Class Amount Per Month Residential $1.00 Commercial Firm Non-Demand $5.00 Commercial Firm Demand $5.00 Small Interruptible $5.00 Large Interruptible $5.00 Firm Transportation $5.00 Interruptible Transportation $5.00 (2) A franchise fee is hereby imposed upon Xcel Energy under its natural gas Franchise in the amounts indicated in the following Fee Schedule from each customer in the designated company customer class: . ~. -.~ r4 Class Residential Sm C & 1- Non-Dem Sm C & I-Demand Large C & I Public Street Ltg Muni Pumping - N/D Muni Pumping - Dem Amount Per Month $ 2.00 $ 2.50 $ 18.00 $ 18.00 $125.00 $ 2.00 $ 18.00 Subd.3. Payment. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.5 of the electric distribution Franchise. Subd.4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires the 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 the utility company for the cost 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 the quarter. Xcel Energy shall permit the City and its designated representative free access to the company's records for the purpose of verifying the 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. A copy of the adopted ordinance and written notice of the adoption shall be mailed by certified mail to Xcel Energy. The ordinance will be effective 60 days after mailing of the adopted ordinance to Xcel Energy and after its publication according to law. 2. SAVING. In all other ways, the City Code remains in effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 7th day of October, 2003. CITY OF STILLWATER &~ Attest: I!!-teu.e.. d: II Jv5cL Diane F. Ward, City Clerk AFFIDA VIT OF PUBLICATION Stillw-ater Gazette 1931 Cwve Crest Blvd. Stillwater, MN 55082 (651) 439-3130 fax: (651) 439-4713 10/14/03 State of Minnesota} ss. COWlty of Washington} The .uildersigned., being duly sworn. on oath, says that s/he is the Publisher or authorized agent and employee" of the Publisher known as the Stillwater Evening Gazette. and has full knowledge of the facts which are stated (A) The newspaper bas complied with aU of the requirements constituting qualification as a qualified newspaper, as JrOvided by Minnesota State Statute 331A.02, 331A.07 and . . ,other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. abc ';klmnopqrstuvwxyz Subsaibed and sworn to or affirmed to me on this / <I?t day of M;;i.- ~ fZ-~ Notary Pu'Dllc ~ ,2003. ---- - City of Stillwater 2164th St N. Stillwater, MN 55082 Invoice #: 00002741 Terms: Net 30 Inches 22 Stillwater Description City of Stillwater Ordinance No. 940, Published 10/13 Price $4.03 Total $88.66 $88.66 Maximum ralc per column inch under Minnesota Law: $16.90 per 12-pica column Payment $88.66 $0.00 Sub Total Balance Due $88.66 fc,.:J",.U '?'O.l"U.~ '.. . .(Q WAlfl;W jdm-iirli'HtTOBER3'2Q03". h. "' ..,q~h~~Y'~A1 .. ... ..., . . , . ORDINAN<;E NO. 940 AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENlRGY GAS AND EI,ECTRIc OPERATIONS WITHIN THE CITY <n- STILl.WATER ~The Cily Council of !he City of Stillwater does ordain: AMUl:iP.JN9. The City of Stillwater City Code is here~ amended 10 include reference ': .to!he fullowing Spe.,iaj Ordinance. I Subd. I. Purl''''''. Thc Stillwater Cily Couocii bas determillCd that il is in the best ~ tntCn."8t of the City to impose a franchise fcc on those puhJic utility companies thal provide DlIlural gas and electric liCfVices within the Cily of Stillwater. m Pursuant to Cily Ordinance No. 809, a fmnchise Agreement between the City and NOl'lhem Stales POwer (now "X,,,,] Ell<.>rgy''), the City has the rightlo impose. fr31lchise fee of nol moo: than five (5)pe"'''''1 on Xed Energy's electric distrihution operations set fOl'lhin s.....iion 9.1 of the Xed Energy Franchise. (2) Muanlto eily Ordinance No. 808, a franchise Agreement between the City and NOl'lhern Stales Power (now "Xcel Ellergy"), and P\m<uant 10 Minn. Stat. ~216B.36.the City bas a right to impose a franchise fee upon the llIltural gas operatioD.s of Xeel Energy. Subd. 2.i+I1llcltise Fee Statement. (l) A franc.hi." fee is hereby imposed on XecJ Energy under its electric distribulion franchise in the .mounts indicated in the . following Fce Sebedule from each CUSlomcr in lhc dcsigllarcd company customer cia"". ~ Amoont Per Monll1 Residential $1.00 Commen:ial Firm Non..l>emaod $5.00 Commercial finn l.>emand ' $5.00 Smalllnlcrruptiblc $5.0(l Large Interruptible $5.00 Flm. Transportlll;(m $5.00 Int"rruptibic Tral15portation $5.00 (2) A li'llnchisc Ice is hereby imposed upon Xcel Energy uuder its natural gas Fmnchise in tbe amount of five (5.0) percent of Xed Energy', gross revenues. as defined in Section 9.2.4 of .hc_~kcuic distribution Franchise, which ~ectinn is adopt.ed hy_ reterence with the w()rds ,~Icttrjc tllangedto re'Ml ltaturnl gas. s;;.u Resi<lential Sm C &. 1- Non-Oem Sm C &. I - Demand Large (; &. I l'ubiic Slrcct Ltg MlnIi l'umpill.g ~ NlD MUll.i Pmnping - Dem A-"'~M<mtll $ 2.00 $ 2.50 $18.00 $18.00 $125.00 S 2.00 $ 18.00 Subd. 3.. Payment. The franchise fee shall be payable 10 !he City in accordance with !he lenn8 set forth in Section 95 of the electric distribution Franchise, Sulllt 4. Surcharge, The Cily recogllizes that !he MilllreSora Public tfti(ities C_issiM requires tbe mility company 10 add to ils efth:ti.ve rales for the utility service ()nY'h~~~__.P!l~~~ !l~ljJ;ygr~~:._eaminps fee if,( It'fi~.:!.....1 .. ~._~L .. ':t / /--; 988~-Q&tr (1.99) W():)"SI.a1pu!JC>>"MMM . saNIJ.Sn wnSI^ ;'. . sssnOH'satUOllUMOl '!ijUSlUlJed\t ........ T1V^ XIOHO "J.S 3HJ. .ii.' ,J3. . d "OSIIA H3HJ.O .'..~";lAV S3.....H~~~ "Jell PSlI:l-eue Je:l + Z mn+.OW/OOH$~OI H HUE: 1M 'NOJ.lnOH · . 's~~ ~ ~$ 's\dde :lId:! 'J!UUS:l . , Z 'U01+ SWOllU!Ml\SASI Z S\dde Ul!"Jl!1l Jl!:l~. \18 ~ 1M 'NOlo lnOH . /' -- ~lll&..,..i1RI) smn+om:~$ 'a.3ual li~e^!Jd/M pJelilt3eq leaJ9 'Ma ~OP -U1M Mau 'SJII PMPJ4 31d~ , sdn-l(004 a ~ MlM l~aw -aseq IInl pa4S!UIIUn JeD Japun-l(3nllM asn04 HBt aUld \SaM l:l:t~. 'Sl!ln+S~$ 'Ja4SeM -4s1P ''JV I1!JlUa3'sdn-l(004 aIM 'aDeJell pa43e\le/M