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HomeMy WebLinkAbout2506-16 - ADMIN Ordinance - City Council - 2016/09/19ORDINANCE NO. 2506-16 ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ST. LOUIS PARK THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The City of St. Louis Park Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 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 electric services within the City of St. Louis Park. (a) Pursuant to City Ordinance 2505-16, a Franchise Agreement between the City of St Louis Park and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, 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 NSPM February, 2017 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. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 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. Subd. 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. Subd. 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 Ordinance No. 2506-16 -2- this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. First Reading of Ordinance 09/06/2016 Second Reading of Ordinance 09/19/2016 Date of Publication 09/29/2016 Adopted by the City Council September 19, 2016 Attest: 4J Meliss Kenne , City Jerk C) Soren Mattick, City Attorney Ordinance No. 2506-16 Franchise Fee Rates: Electric Utility -3- SCHEDULE A 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 Residential Sm C & I — Non -Dem Sm C & I — Demand Large C & I Public Street Ltg Muni Pumping—N/D Muni Pumping — Dem Amount per month $ 4.00 $ 8.50 $ 45.00 $ 145.00 $0 $ 8.50 $ 45.00 Franchise fees are 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. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Charlene Vold being duly sworn on an oath, stales or alarms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS St Louis Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/29/2016 and the last insertion being on 09/29/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: Thenewspaper complies with the conditions described in §580.033, solid. 1, clause (1) or (2). if the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 09/29/2016 by Charlene Vold. Notary Public '"'"A MARLENE M. MITCHELL o Notary Public -Minnesota --.;•� My Commission Expires Jan 31, 2020 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 601498 CITY OF ST. LOUIS PARK SUMMARY ORDINANCE NO, 2506-16 ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY (DBA XCEL ENERGY) This ordinance states that St. Louis Park City Council has deter- mined that it Is in the best interest of the City to impose a franchise fee on those public utility compa- nies that provide electric services within the City of St. Louis Park This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2916 /s/ Jake Spann, Mayor Published in the St. Louis Park Sun Sailor September 29, 2016 601498 OFFICE OF THF CITY (`4 r -PKI