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HomeMy WebLinkAbout2012-16 Franchise Ordinance- Natural Gas- Center Pointe 40 ORDINANCE NO. 2012-16 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 EDINA THE CITY COUNCIL OF THE CITY OF EDINA DOES ORDAIN: SECTION 1. The City of Edina Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Edina 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 Edina. (a) Pursuant to City Ordinance No. 1995-4, an ordinance granting a Franchise to 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 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 here to and made a part of this Ordinance, commencing with the Xcel Energy February, 2013 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 9.3 of the Franchise. Subdivision 4. Surcharge. The City of Edina 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. 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 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. 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. First Reading: August 6, 2012 Second Reading: October 16, 2012 Published: October 25, 2012 Attest: Debra A. Mangen, City Cle k ( James B. Hovland, Mayor Please publish in the Edina Sun Current on: October 25, 2012 Send two Affidavits of Publication. Bill to Edina City Clerk 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 $ 1.45 Sm C&I, Non-Dem $ 2.90 Sm C&I, Demand $ 9.00 Large C&I $40.00 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. VVV1/W.MinnLocal.com City of Edina Subdivision 7. Effective Date of Fran- chise Fee. The effective date of this Or- (Official Publication) dinance shall be after its publication and ORDINANCE N0.2012-16 ninety(90)days after the sending of writ- AN ORDINANCE IMPLEMENTING AN ten notice enclosing a copy of this adopt- ELECTRIC SERVICE FRANCHISE ed Ordinance to Xcel Energy by certified FEE ON NORTHERN STATES POWER mail. Collection of the fee shall com- COMPANY,A MINNESOTA mence as provided above. CORPORATION,DB/A XCEL First Reading:August 6,2012 M E Q 1 A ENERGY,ITS SUCCESSORS AND Second Reading:October 16,2012 ASSIGNSFOR AFFIDAVIT OF PUBLICATION ELECTRIC SERV CE W TIHIN THE Published:October 25,2012 CITY OF EDINA Attest: STATE OF MINNESOTA ) THE CITY COUNCIL OF THE CITY OF Debra A.Mangen,City Clerk EDINA DOES ORDAIN: )SS. James B.Hovland,Mayor COUNTY OF HENNEPIN SECTION 1.The City of Edina Municipal Code is hereby amended to include ref- SCHEDULE A erence to the following Special Ordi- Franchise Fee Rates: Richard Hendrickson, being duly sworn on nance. an oath,states or affirms that he is the Chief Subdivision 1. Purpose.The Edina City Electric Utility Financial Officer of the newspaper(s)known Council has determined that it is in the The franchise fee shall be in an amount as best interest of the City to impose a fran- determined by applying the following Edina Sun-Current chise fee on those public utility compa- schedule per customer premise/per Hies that provide electric services within month based on metered service to retail the City of Edina. customers within the City: (a)Pursuant to City Ordinance No.1995- Class Amount Per Month 4, an ordinance granting a Franchise to Residential $ 1.45 and has full knowledge of the facts stated Northern States Power Company,a Min- Sm C&I,Non-Dem $ 2.90 below: nesota corporation,d/b/a Xcel Energy,its Sm C&I,Demand $ 9.00 successors and assigns,the City has the Large C&I $40.00 (A)The newspaper has complied with all of right to impose a franchise fee on North- Franchise fees are to be collected b the the requirements constituting qualifica- ern states Power company,a y its suc- Utility at the rate listed below,and by corporation,d/b/a Xcel Energy,its su d miffed to the City on a quarterly basis as tion as a qualified newspaper as provid- cessors and assigns,in an amount and follows: ed by Minn. Stat. §331A.02, §331 A.07, fee design as set forth in Section 9 of the Northern States Power Company Fran- January—March collections due by April and other applicable laws as amended. chise and in the fee schedule attached 30. (B)The printed public notice that is attached hereto as Schedule A. was published In said newspaper(s) Subdivision 2.Franchise Fee Statement. April—June collections due by July 31. A franchise fee is hereby imposed on July—September collections due by Oc- once each week,for one successive Northern States Power Company,a Min- tober 31. week(s);it Was first published on Thurs- nesota corporation,d/b/a Xcel Energy,its October—December collections due by da the 25 da Of October successors and assigns,under its elec- January 31. y' y tric franchise in accordance with the 2012, and was thereafter printed and schedule attached here to and made a (Oct.25,2012)D1-Ord2012-16 ith published on every Thursday to and in- the XcellEnnergyaFebruary, 2013 ncebilling cluding Thursday, the ___ day of month. ,2012;and printed This fee is an account-based fee on each below is a copy Of the lower case alpha- theeetth taetyvryvnnntcobthis bet from A to Z, both Inclusive, Which is Ordinance has more than one meter at a hereby acknowledged as being the size single premise, but only one account, only one fee shall be assessed to that ac- and kind of type used in the composition count. If a premise has two or more me- and publication of the notice: ters being billed at different rates, the Company may have an account for each abcdefghijklmnopqrstuvwxyz rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifica- tions into a single account,the franchise fee assessed to the account will be the largest franchise fee applicable to a sin- BY: gle rate classification for energy deliv- ered to that premise.In the event any en- CFO tities covered by this Ordinance have more than one premise,each premise (address)shall be subject to the appro- priate fee. In the event a question arises as to the proper fee amount for any Subscribed and sworn to or affirmed premise, the Company's manner of before me on this 25 day Of billing for energy used at all similar October 2012, premises in the City will control. Subdivision 3. Payment. The said fran- chise fee shall be payable to the City in accordance with the terms set forth in Section 9.3 of the Franchise. Subdivision 4. Surcharge. The City of Nota Public Edina recognizes that the Minnesota Notary Public Utilities Commission may allow the Company to add a surcharge to cus- tomer rates of city residents to reimburse the Company for the cost of the fee. ' JULIA I. HELKENN Subdivision 5. Record Support for Pay- ment.Xcel Energy shall make each pay- NOTARY PUBUC-MINNESOTA ment when due and, if required by the „�. My Comm.Exp.Jan.31,2015 City,shall provide at the time of each pay- ment a statement summarizing how the franchise fee payment was determined, including information showing any ad- justments to the total 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 dis- pute,including enforcement of a default regarding this Ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.