HomeMy WebLinkAbout0940B Ord (Franchise Fee)
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ORDINANCE NO. 940B
AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL
ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC ENERGY SERVICE
WITHIN THE CITY OF STILLWATER
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
SECTION 1. The City of Stillwater Municipal Code is hereby amended to include reference to the
following Special Ordinance.
Subdivision 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.
(a) Pursuant to City Ordinance 940A, a Franchise Agreement between the City of Stillwater and
Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors
and assigns, the City has the right to impose a franchise fee on Northern States Power
Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an
amount and fee design as authorized by Section 9.1 of the Northern States Power Company
Franchise and in the fee schedule attached hereto as Schedule A.
Subdivision 2. Franchise Fee. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its
Electric franchise in accordance with the schedule attached here to and made a part of this Ordinance,
commencing with the Xcel Energy December 2003 billing month.
This fee is an account based fee and not a meter-based fee. In the event that an entity covered by
this ordinance has more than one meter at a single premise, but only one account, only one fee shall be
assessed to that account. If a premise has two or more meters being billed at different rates, the Company
may have an account for each rate classification, which will result in more than one franchise fee assessment
for electric service to that premise. In the event any entities covered by this ordinance have more than one
premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to
the proper fee amount for any premise, the Company's manner of billing for energy used at that premise
will control.
Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9.4 of the Franchise.
Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission allows the utility company to add a surcharge to customer rates to reimburse such utility
company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of
the fee.
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Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when
due and, if required by the City, shall provide at the time of each payment a statement summarizing how the
franchise fee payment was detennined, including information showing any adjustments to the total
surcharge billed in the period for which the payment is being made to account for any uncollectibles,
refunds or error corrections.
Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subdivision 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the franchise
fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after
the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified
mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the
provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company
billing month set forth in Subdivision 2 or the first billing month commencing 30 days after the foregoing
effective date of the franchise fee.
Passed and approved: &-dH"A d I ,2003
Attest:
dt~;j.k)fL/ItL
Diane F. Wart4 Ci!y Clerk
SEAL
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SCHEDULE A
Franchise Fee Rates:
Electric Utility:
The franchise fee shall be in an amount determined by applying the following schedule per customer
premise/per month based on metered service to retail customers within the City:
Class
Monthly Fee Per Premise
Residential
Sm C & 1- Non-Dem
Sm C & I - Demand
Large C & I
Public Street Ltg
Muni Pumping -N/D
MuniPumping - Dem
$ 2.00
$ 2.50
$ 18.00
$125.00
$ 4.00
$ 2.00
$ 18.00
Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a
quarterly basis as follows:
January - March collections due by April 30.
April- June collections due by July 31.
July - September collections due by October 31.
October - December collections due by January 31.
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AFFIDA VIT OF PUBLICATION
Stilllt\Tater Gazette
1931 Curve Crest Blvd.
Stillwater, MN 55082
(651) 439-3130 fax: (651) 439-4713
10/31/03
State of Minnesota}
ss.
COWlty of Washington}
The Wldersigned, being dilly 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 provided by Minnesota State Statute 331A.02, 331A07 and
other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both
inclusive, which is h by ackno ed as being the size and kind type used in composition and
publi . n of tice. &be fghij opqrs~~
Subscribed and sworn to or affirmed to me
S1"' fi\_ Pe, /
on this -;1 ~dayof ~ ~
~ ;7c J-.-... _
Notary Public --('0/ d
,2003.
City of Stillwater
216 4th St N.
Stillwater, MN 55082
Invoice #: 00002801
Terms: Net 30
Inches
24 Stillwater
Description
City of Stillwater Ordinance No.
940B, Published 10/30
Price
Total
$96.72
$4.03
$96.72
Sub Total
$96.72
Payment
$0.00
Maximum rate per column inch under
Minnesota Law: $16.90 per 12-pica column
Balance Due
$96.72