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Home My WebLink About1073A Ord (Electric Franchise Fee Xcel) ORDINANCE 1073A 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 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 electric services within the City of Stillwater. (a) Pursuant to City Ordinance 1073, 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 set forth in Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. 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 hereto and made a part of this Ordinance, commencing with the Xcel Energy June, 2015 billing month. This fee is an account-based fee on each premise 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. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered 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 all similar premises in the city 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 may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 1 Subdivision 5. 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 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Passed and approved: February 17, 2015. Attest: Nancy Man$' Acting City Clerk Ted Kozlowski, Mayor 2 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 Amount per month Residential $ 2.00 Sm C &I—Non-Dem $ 2.50 SmC &I—Demand $ 18.00 LargeC &I $125.00 Public Street Ltg $ 4.00 Muni Pumping—N/D $ 2.00 Muni Pumping—Dem $ 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. 3 AFFIDAVIT OF PUBLICATION City of Stillwater STATE OF MINNESOTA (Official Publication) COUNTY OF WASHINGTON)ss ORDINANCE 1073A ) AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY,A MINNESOTA Charlene Vold being duly sworn on an oath, CORPORATION,D/B/A XCEL ENERGY,ITS SUCCESSORS AND ASSIGNS, states or affirms that they are the Authorized FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF STILLWATER Agent of the newspaper(s)known as: THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: SECTION 1.The City of Stillwater Municipal Code is hereby amended to Stillwater Gazette 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 and has full knowledge of the facts stated utility companies that provide electric services within the City of Stillwater. below: (A)The newspaper has complied with all of (a) Pursuant to City Ordinance 1073, a Franchise Agreement between the City of Stillwater and Northern States Power Company,a Minnesota the requirements constituting qualifica- corporation,d/b/a Xcel Energy, its successors and assigns,the City has tion as a qualified newspaper as provided the right to impose a franchise fee on Northern States Power Company, by Minn. Stat. §331A.02, §331A.07, and a Minnesota corporation,d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9.1 of the Northern Other applicable laws as amended. States Power Company Franchise and in the fee schedule attached hereto (B)This Public Notice was printed and pub- as Schedule A. lished in said newspaper(s) for 1 succes- Subdivision 2.Franchise Fee Statement.A franchise fee is hereby imposed sive issues; the first insertion being on on Northern States Power Company,a Minnesota Corporation,d/b/a Xcel 02/20/2015 and the last insertion being on Energy, its successors and assigns, under its electric franchise in accor- 02/20/2015. dance with the schedule attached hereto and made a part of this Ordi- nance,commencing with the Xcel Energy June,2015 billing month. This fee is an account-based fee on each premise 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 as- f sessed to that account.If a premise has two or more meters being billed at By: , different rates,the Company may have an account for each rate classifica- Authorized Agent tion,which will result in more than one franchise fee assessment for electric service to that premise.If the Company combines the rate classifications Subscribed and sworn to or affirmed before into a single account,the franchise fee assessed to the account will be the me on 02/20/2015. largest franchise fee applicable to a single rate classification for energy de- livered 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 -Y ^ �cl�1`-Y,. for any premise, Company's manner of billing for energy used at all C. 1" \ �J, similar premises inn the city will control. Notary Public Subdivision 3.Payment. e said franchise fee shpayable o tCity in accordance with the termsThset forth in Section 9.4all be of the Franchise.the Subdivision 4.Surcharge.The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer ;hvrvyvvvvvavvvvvvvvWA rates of city residents to reimburse Company for the cost of the fee. ciT'n1711t1{.�CWIf1F1tGl� Subdivision 5. Enforcement.Any dispute,including enforcement of a de- ` `"iNotary fault regarding this ordinance will be resolved in accordance with Section j7 epY�.hm 11.2019 2.5 of the Franchise Agreement. T Subdivision 6.Effective Date of Franchise Fee.The effective date of this Or- dinance shall be after its publication and ninety(90)days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Passed and approved:February 17,2014. /s/Ted Kozlowsli Ted Kozlowski,Mayor Attest: /s/Nancy Manos Nancy Manos,Acting City Clerk SEAL 2/20/15,3SG,Ordinance 1073A,352194 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 352194