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Home My WebLink About0940D Ord (Franchise Fee) ORDINANCE NO. 940D AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS 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 services within the City of Stillwater. (a) Pursuant to City Ordinance 940C, 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 gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy's December 2003 billing month. This fee is an account based fee and not a meter-based fee. In the event that a.n 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. 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 determined, including information showing any adjustments to the total 1 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: f:1:j-~ C9 I Attest: ~:JtekcL Diane F. Wart4 Ciry Clerk SEAL ,2003. ~ 2 SCHEDULE A Franchise Fee Rates: Gas 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 Commercial Firm Non-Demand Commercial Firm Demand Small Interruptible Large Interruptible Firm Transportation Interruptible Transportation $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 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. 3 AFFIDA VIT OF PUBLICATION StilllVater Gazette 1931 Curve Crest Blvd. Stillwater, MN 55082 (651) 439-3130 Fax: (651) 439-4713 10/31/03 State of Minnesota} ss. County of Washington} The Wldersigned, l)eing duly sworn. en 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 newspapeI", 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 incl~ve, which is h~bY~ wledged as being..... the size and kind type used in composition and p of of notice abc fghijldmnopqntuvwxyz .-'~-'" "} Subscribed and sworn to or affirmed to me ~k M~b on this ~ I ,,> day of ~ k2-~ "- - .,C-- .~ ,2003. City of Stillwater 216 4th St N. Stillwater, MN 55082 Invoice #: ??oo2800 Terms: Net 30 Inches 26 Stillwater Description City of Stillwater Ordinance No. 940D, Published 10/30 Price Total $104.78 $4.03 $104.78 Sub Total $104.78 Payment $0.00 Maximum rate per column inch under Minnesota Law: $16.90 per 12-pica column Balance Due $104.78 STILLWATER GAZETTE, OCTOBEA 30, 2003 "m \fMl1BLJP eldsVfv ORDINANCE NO. 940D ANOR~Ei!1U1!t.EMENTlNG A GAS SERVICEFRANCHlSE FEE ON NORTH- ERN S~NWER ICOMPANY, A MINNESOTA CORPORATION, DIBIA XCEL ENERGY," tTS,StJeCESSORS . AND ASSIGNS,. FOR PROVIDING GAS SERVICE WITHIN THE CITY OF STILLWATER' . . THE CITY COUNCIL OF THE CITY OF STiLLWATER DOES ORDAIN: SECTION t..Th$C1ty ofStlUwater MuniCipal Code is hereby amended to include ~er- &nee to the following SpeclalOrdlnance; Subdivision t. Purpose. The Stillwater City Council has determined that it Is in. th4:lbest interest of. the City to impose a franchise fee on those public utility companies that provide natural gas S81Vices within the City of Stillwater. . (a) pUrsuant to City Qlllinance 9400,. a Franchise Agreement bel.WeeIl the City of $tillwater and NorthemStates Power Company, a Minnesota e<>rporation, dIbIa Xcel Energy, itssuccsssors and assigns, the City has the right to impose a francllise fee on.~ 8~es&..ny, eEMiDI1eSOta GlIlIJRI~&"'*9'I$q its . 'sUCCElllSbrsJlPitIUsl9~illl:>IlID~at\d1"'desigri!a8~'DY'SlillllQn Vi'ili' .,,,oftheNorthern-States Power company FI'8flChlS& and in the tee sct1edU/6 attached 'hereto as Schedule A: . Subdlvlelon2. Franchise Fee. A franchise fee is hereby impOSed on NorIhem States Power Company, a Minnesota CdIporation, dIbIa XeeI Energy, its successors and' assigns, under its gas franchise in accordance with the ilcheduleattaohed llere to and made apart of this OrdinanCe, commencing with the. XeeI Energy's Deoember 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 /!lOre than one' meter ata single premise, but only one account, onlyona fee sMn be assessed to thet account. If a preIIlise" has two or mQre meters being blIledatdifferent rates, the Company may Ilave anJaccount for each rate c1assificlrtjprt; whiehwill result in more than one franchise fee ~ent for elec- triC serv!oit.to,:tmat premise. In !he. event any entities coyered by this ordinance Ilave more the"'OIIIe'prEl!tdse?~ch premise (address) sllell be subject to.the appropriate fee. In the eYen!l92 lllulliSltlbrwarises as to the proper fee amount for any premise, the Company'.$i1.....~llilIInO for energy used at \hat prerr:use will control. ; f10ue 10 Inelx.; erlt , Subdivllsion 3.' Payment. The said franchise fee shaU -be payable to the City in accordance witMhe terms set forIfi in sectiOn 9:4 of the Franchise. . nJ~~1~;' ~n';.1rne,::;. -J~" \ SubCllvfl!ion4.S1.n'r1118r98 The City recognizes Nt the Minnesota Public Utilities COmmiS$ionallowS 1hellltility company to add. a surcharge to customer rates to reim- burse such utility. company for the cost of the fee and that XeeI Energy will surcharge its customers in the City the amount of the fee. . SubdlVlsiClllS,' Record Supt)Ol't for Pavment.. Xcel Energy shall maj(e each pay- met:ll whel') due and, if required by the City, shalf pI'ovIde at!he lime of eech payment a . statement summarizing how the franchise fee Payment was de~, including inlor- maliOn'showing arry .adjustments lo the total surcharge billed Iri !he period for which the payment is being made to account for any. uncOllectibles. refunds or error corrections. ...... .. :.. ".. .." .' .. .. - ," " '. .{ .~ubdlvlelol1 6. ..EnfOl"C8lll!l>I\t. Any dispute, inclUding enforcement. of a default regardingthi~ ordinance wiflbe re$Ol\led inaccordanoe with SectIon 2.5 of.the Franchise Agreement. . ,Subdivision 7. Effective DP.ofFrancblse Fee. Notwithstanding the effective date; of this ordinance.and notwithstanding any contrary provisionS in the Franchise, the effective date Qf the franchise.fee collected under Subdivision 2 of this ordinance is the later .of ten (1Q) days after the publication or after the sending of written notice enc1os- ing a copy of this adopted ordinance upon XeeI Energy by certijied mait It has been agreed to In advance by Xcel Energy's representatives thet Xesl Enl;lrgy will abide by the . prOvisions of this Subdivision 7, provided fee OQIlectlon wHl not commence before the I~ter of the Company bill~ month set.~ in Subdivision 2 or the first bllllrig month commencing 3Q days after the foregoing effective date of the franchise fee. Passed and approved: October 21, 2003. Is/Jay L. Kimble Jay L.Kimble, Mayor Attest: IsI Diane.F. Ward Diane F. ~ard, City Clerk SEAL SCHEDULE A Franchise Fee Rates: