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Home My WebLink About2424-12 - ADMIN Ordinance - City Council - 2012/11/05• ORDINANCE NO. 2424-12 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA 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 S T . LOUIS PARK THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of St. Louis Park, County of Hennepin, State of Minnesota. 1.2 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.3 Franchise Ordinance. The franchise ordinance adopted by the City - City Ordinance 2424.12. 1.4 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City Hall, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. SECTION 2. ELECTRIC FRANCHISE FEE. 2.1 Purpose. The St. Louis Park 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. Pursuant to the Franchise Ordinance the City has the nght to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the March 2013 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $2.50 per month Small C & I with no demand charge $4.50 per month Small C & I with demand charge $13.75 per month Large C & I Municipal $77.00 per month Municipal pumping with no demand charge $4.50 per month Municipal pumping with demand charge $10.50 per month 2.3 Account Fee. 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, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee In the Ordinance No. 2424-12 -2- event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. 2.4 Payment. Franchise fees are to be collected by the Company and submitted to the City 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. 2.5 Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non -collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company's records for the purpose of verifying such statements. 2.6 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non -collectible accounts. 2.7 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee. 2.8 Relation to Franchise Ordinance. This Ordinance is enacted in compliance with the Franchise Ordinance and shall be interpreted as such. 2.9 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate. Failure to review this ordinance shall not in any way invalidate or limit it. SECTION 3. PREVIOUS FRANCHISE FEE ORDINANCE SUPERSEDED. This Electric Franchise Fee Ordinance supersedes Ordinance No. 2394-10. SECTION 4: EFFECTIVE DATE. This Ordinance takes effect ninety (90) days after its passage and publication. ADO Revi City ED this 5th day of November, 2012, by the City Council of the City of St. Louis Park. r Administration Attest: City Clerk Date Published: November 15, 2012 Ado ed b the City Council November 5, 2012 Mayor Approved as to Form and Execution: City Attorney • • 1/4/\ 4'( • • www.MinnLocal.com -M'EDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of thenewspaper(s) known as -'St Louis Park Sun -Sailor and has full' knowledge of the facts stated below _ , • - (A) The newspaper has complied with all of the requirements -constituting' qualifica- Ition,as"aqualified newspaper as provid- ed,byMinn. Stat §331A.02, §331A 07, andAother applicable laws as amended. (B) The pnrited publlc'hotioe that is attached was -published in said newspaper'(s) once'each,week,for one successive week(s), it was'first published on Thurs-; day, the `15 ' day of ;t,' -November-' , 2012, andwas thereafter,pnnted,and published,on'every Thursday to and in- cluding`Thursday, the -` ' day of , 2012, and printed below is a copy of,the lower case alpha- bet 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. • b pqrstuvwxyz City of St. Louis Park (Official Publication) ORDINANCE NO 2424-12 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA 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 ST. LOUIS PARK THE CITY COUNCIL OF THE CITY OF ST LOUIS PARK, HENNEPIN COUNTY, MINNESOTA, ORDAINS SECTION 1 DEFINITIONS For purposes of this Ordinance, the fol- lowing capitalized terms listed in alpha- betical order shall have the following meanings 1 1 City The City of St Louis Park, Coun- ty of Hennepin, State of Minnesota 1 2 Company Northern'States Power Company, a iMinnesota corporation, dib/a Xcel Energy, its successors and as- signs - _ - - 1 3 Franchise Ordinance The franchise ordinance adopted by the City - City Or- dinance 2424 12 1 4,Notice .A written notice served by ,one party on the other party referencing one or more provisions of thls Ordinance • Notice to Company shall bemalled to the General Counsel; 414 Nicollet Mall, 5th -Floor, Minneapolis; MN 55401 Notice to the City shall be mailed to the City Man- ager, -City Hall; 5005 Minnetonka Blvd , St 'Louis Park, MN 55416 , Either party may change its respective address for the purpose of,this Ordinance by written no- tice to the other party SECTION 2 ELECTRIC FRANCHISE FEE -. 2 1 Purpose The St Louis Park'City Council has determined that it is In the best interest of the City to Impose a fran- chise fee on those public utility compa- nies that provide natural gas and electric services within the City Pursuant to the Franchise, Ordinance the" City has the right to impose a franchise fee on Com- pany 2.2 Franchise Fee Statement and Sched- ule A franchise fee is hereby imposed on Company,commencing with the March 2013 'billing month, and in accordance with the following fee schedule BY. Subscribed and sworn to or affirmed before me on this 15 day of April , 2012. oe' • Notary Public DIANE L ELIASON NOTARYPUBUC-MINNESOTA Ccmm Exp Jan 31, 2015 11, ..ARIA. c CAMIP. i`TtPYrd X9!(''31#=s`w S1.41 ti$ ) Customer Classification Residential ' - SmallC&lwith no demand charge $4 50 per month Small•C & I with demand charge $13 75 per month Large C & I Municipal Municipal pumping with no demand charge Municipal pumping with demand charge $10 50 per month 2 3 Account Fee This fee Is an account based fee and not a meter -based fee In the event that an entity covered by this or- dinance has more than one meter, but only one account, only one fee shall be assessed to that account In the event any entities covered by this ordinance have more than one account, each ac- count shall be subject to the appropriate fee In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply 2 4 Payment Franchise fees are to be collected by the Company and submitted to the City as follows January — March collections due by April Amount per Account per Month ($1 $2 50 per month $77 00 per month $4 50 per month 30 April — June collections due by July 31 July — September collections due by Oc- tober 31 October — December collections due by January 31 2 5 Record Support for Payment The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was de- termined, including information showing any adjustments to the total made to ac- count for any non -collectible accounts, refunds or error corrections The Com- pany shall permit the City, and its repre- sentatives, access to the Company's records for the purpose of verifying such statements 2 6 Payment Adjustments Payment to the City will be adjusted where the Com- pany Is unable to collect the franchise fee This includes non-collectible'accounts 2 7 Surcharge The City recognizes that the Minnesota Public UtIities Commis- sion may allow the Company to add a sur- charge to',customer rates -to reimburse the Company for the cost of the fee , 2 85Relation_to Franchise.Ortlinance This Ordinance is -enacted in compliance with the Franchise Ordinance and shall be Interpreted as such - 2 9 Periodic Review ' The, City Council shall review this ordinance every, two years in whatever manner the City Man- ager then determines to be appropriate Failure to review this ordinance shall not in anyway invalidate or limit it SECTION 3 PRE • VIOUS FRANCHISE FEE ORDINANCE SUPERSEDED This Electric Franchise Fee'Ordmance supersedes Ordinance No 2394-10;' SECTION 4 .EFFECTIVE DATE This Ordinance takes effect ninety (90) days after Its passage and publication ADOPTED this 5th day, of November, 2012, by the City Council of the City of St Louis Park Date Published November 15, 2012 (Nov 15, 2012) A3-Ord2424.12 tri OFFICE OF THE CITY' LERK