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HomeMy WebLinkAbout2459-14 - ADMIN Ordinance - City Council - 2014/11/03ORDINANCE NO. 2459-14 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA 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. 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 1907-93. 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, 50' 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 right 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 February 2015 billing month, and in accordance with the following fee schedule: Customer Classification Residential Small C & I with no demand charge Small C & I with demand charge Large C & I Municipal pumping with no demand charge Municipal pumping with demand charge Amount per Account per Month ($) $3.25 per month $6.50 per month $30.00 per month $105.00 per month $6.00 per month $30.00 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. 2459-14 -2- event a question arises as to the proper fee amount for any account, the Company's manner of billing for energy used at all similar premises in the City will 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 required 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, reasonable 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 of City residents 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. Franchise Fee Ordinance supersedes Ordinance No. 2424-12. EFFECTIVE DATE. This Ordinance takes effect ninety (90) days after its passage. is 3rd day of November, 2014, by the City Council of the City of St. Louis Park. City Attest: City Cl4k /) q Date Published: Council November 3, 2014 Mayor � / / " p owed as to Form and E e tion: P 0 A f� City Attorney