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Home My WebLink About2003-24 01-08-04 APSTATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 8 day of January 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pub abcdefghijklmnopqrs Subscribed and sworn r affirmed before me t his day of 2004. k t d J I' w�_ 0 8 L Notay MERIDEL M. HEDBLOM NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 131.2005 s RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged e notice: BY: 2.85 Der line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2008-24 AN ORDINANCE AMENDING CITY ORDINANCE 97-09 GRANTING AN ELECTRIC FRANCHISE -ON NORTHERN +STATES POWER'S OPERATIONS WITHIN 'THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESO'T'A, DOES ORDAIN AS FOLLOWS: SECTION 1. City of Brooklyn Center Ordinance No. 97- 09 Section 2. Subdivision 1, Section 9 Subdivisions 1, 2, 4, 5, and 6 and Section 10 are hereby amended as follows:' Section 2. FRANCHISE. Subdivision 1. Grant of Franchise. City hereby grants Company, for a period of twenty (20) years terminating on. December 5. 2023, the right to transmit and furnish electric energy for light, heat, power and other purposes for, public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. Section 9. FRANCHISE FEE. Subdivision 1. Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a, franchise fee (not to exceed an amount determined) by collecting the amounts indicated in a Fee Schedule set forth in r' a separate ordinance from each customer in the designated Company Customer Classifi- cation,(for metered service at each and every customer location based on a Fee Schedule similar to the following:) The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this la c,: :,u, ,r, .1 January 31. 2007: Customer Classification Amount Per Month Residential $1.4$ Small C I and Municipal with no demand charge 3.01 Small C I and Municipal with demand charge Large C I Public Street light Municipal Pumping non- demand demand $12.00 20.0o 96 00 $12.Q0 (The amount from each customer in the Customer Classification shall be determined so that the total amount collected'annually from all customers does not exceed what is estimated by Company to be 2% of total annual revenues from the sale of electric energy delivered through meters owned or read by Company within the City. The separate ordinance must impose a franchise fee on the residential class, which on an annual basis, totals at least 2% of Company's estimated total annual revenues to be collect- ed from all residential customers within the City. Company shall within thirty (30) days of City's request provide City with revenue estimates for establishing a Fee Schedule.) Subdivision 2. Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least sixty (60) days after written notice enclosing such proposed ordinance has been served upon Company liy certified mail. The fee shall not become effective until the beginning of a Companyhilling:month at least sixty (60) days after written notice enclosing such adopted ordinance has been served upon Company by certified mail, Subdivision 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this ordinance is effective. IA separate ordinance which imposes a leaser franchise fee on the residential class of customers than an amount which collects 2% of the estimated total annual revenues from the residential class shall not be effective against Company, unless the fee imposed on each other Customer Classification in the Fee Schedule is reduced so that the total annual amount estimated to be collected in any other Customer Classification shall not, as a percentage of the estimated total annual revenues in that Customer Classification, exceed the percentage being collected from the residential class.)_ The payment of a franchise fee as provided by this Subdivision 9.2 does not relieve Company from paying fees to City unrelated to the installation, ownership, or operation of electric facilities, such as build- ing permit fees. Subdivision 4. Collection of the Fee. The franchise fee shall be payable quarterly, and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable Customer Classification in all customer billings for (metered) electric service in each class. The payment shall be due the last business day of the month following the period for which payment is made. The franchise fee may be changed by ordinance from time to time, however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for (metered) electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting, the franchise fee is subject to the approval of the Commission, which Company agrees to use its best efforts to obtain. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rate for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and corrections of erroneous billings. tEtiiny yn bt agr e e s t toi et c c t r make aany r h e 0 s eits i n a bet r r o s t e n ol g r b e tie aill that for c at 4.i. and its designate rep r which wn° writing no amount paid b a n e identified customers d° zing h w indicate the of n th em. f e nd am o th er I ta: in dj a tem .b s nn e h U i 7 b ru aes li sa niniari yinthentr: provide at infolehorormagotiobilin billed b.,11 It it III .0 thp period for w tmerite to Subdivision g. Condition, of the Fee. The separate Ordnance.im.pnaing the fee*Fijistit he effective against V., a rePan unless it lawrimylinposeiand City-quarter- ly or More often collects a fee or tiutO f'the same or greater equivalent amount on the receipta from the sales of energy within the *City by any other energy supplier, provided that, as to a supplier, the Citxhas.the authority to require a franchise fee or to impose a tax. The 'same or greater equivalent amount" shall be measured, if Practifiable bY conParing amounts collected es a franchise fee` from each similar customer, or by comparing, as to similar customers, the percentage -of tht-iinnual represented by the emotinf"collected.for .franchise fee purposes. The franchise fee or tax shall be applicable to ni4n sale fiid.l. b e t dm sales for the pipe otorgvidingtdel royyptlicles: ILthtralwaux lipec aAvi iviiti,iff to il fmne-him or separate orditiancr or failing to collect a fees fr aliolarr energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of suchinittatonnaont,subdivmson 6. is reserved for ..fii future (Subdivision ff. PernlittedAdiustments: If following the effective date'Of a separate ordinance as described in Silbditdeieli 9.2 the Commission by Final Order approves a change in .oreComoopeanfoyr'soneeleocrtreitcororactotomer Classifications, tes ageneral rate in- Company shall calculate and send to the City a letter setting forth the amount, as a percentage, or authorized increase for each classification of customer within sixty (60) days after Company receives the Final Order. The amount of the franchise fee that may be imposed by the City may be increased from the Fee Schedule in the separate ordinance e P t time th seek tSnpfnid ,".3_ i m p fc es oe:Y 'rcu e ll yd no u nrt ea h te:e c n ihaii:c or lur increase ,,f FRANCHI letter eg'll' where r et h st e tit ett the oe 1. emonthly tt cas ya 8 e °il r I r pre f c ds t aldl t h 1 exceed t init 'ydt' the hereof, f u nueast e i a nda .b‘o S ubdiv i sion franchi .eamlY ieCompany re'er' t 3, 41;a c !g9imme di ate- ifthe i na nt nifranchise ;..ei. collecting give City (Hat any franchise fee in based on a franchise applicable Customer Classification stated in the Compa- applicable amount set forth in the Fee Schedule. In this manner the franchise fee collected or permitted to be collected from each class of customer can increase by the same percentage MI Company's electric rate increase. ii .:a ordina nce in 1 n c c ti sg n i z .c 1 n a o ee u rrar ongat7ilya e. ,h ot this feedsubstantiv ij I.: y l s :9.fri 9 c7 1 e: agreement t o date ec i 4 ow: d f a s, t i:in this s 4 taDniPak Notice t4onifranchi8 more c auth the franelliseltn If Company keftiths Trantli° cal to th Notice If 4 saittlktle°' ina identified d ays 'after reee ifi. agrene e in ninet3i-gT1 may terminate .!r,,,tit-teti-rlsicititLIL1.1,,I,At CitY;-.'theirtiy, (30). da Y s PriOrratk. Witli4i‘'sliia`""'"-e'l 't an upon thirty itastiscitotica-.44 aciiiitrori agree ree to a aut te rms a nd CoMPAEOV will imme collection e a I I- dmiYdedienPr!ralhionod t conditions and juit of franchise itc: :mid. ine,theagricibeinil fcosev inma ne i n c I 7 Y ad ad 1 p of 4 i f 2 d i 9uoi el tgt r 3 ti gar e7esen. th after e r.",ed third, or bas ed 1 1 1 1.. ide ntified ,°;.irdar forth :;°01.14eiad days class i 08:. :yNotice. .m: f r f te ti. e o o r collected /in tw or exert-Alp/this .'ll'.733, the Notice. 'In addi in are) until O t amend the N° beim.fileifect /far Ye No tice that it desires City in.a!LgitrtinleaPr7YOrNatoataLeP8a,triehisecr'l'-nfvlotsl't/ne'°r, the agreenlea to do in vnwithin mayterminate If C refu the,cityilbeCity. notice na_ this franchise uwithin am agree acce an r Notice 0 4. tl iohn e? Itirt:8,.. .fro ...,exislm m itly (..0634:::aedet:,,repitri.,gertavtrig tt n t. t e e n fthoat T eceeodireainestep.anthey City ....tua,, will ordinance incorporating other cities as fran chise cr t e °1111 the r ef ere nced tra:e!r`t' tri SCICti°4, cr 8-8'....:-:::;1:--1:-: L.7-:eeiame t-w- s c hedu l e :4 4-i'. 13 UMR.§.0"Mi am s the schedule shall be S in thb e e e ct 1s N?o b 4e m e oarfethtetaehtanra amount wnt in 'deti. -the C T: 1w amendment the 'Lli- 'I:n."1' -I. -1. 'II. 1 receives amended schedule at least 60 clay _ono ff ctiv a a:three-year intervals thereaft through e ts 13 i11 2 61: %6 In' h "1-1) separate ordinance as then in effect, providecl that no amoun in that schedule sheltie 'himgmliktkintAkaa, 3% and Provided theSomPanv receives Notice of the ordinance amendment setting forth the amended schedule at leastM., prior to the effective date of such increase. EFFECTIVE DATE. This ordinance shall be effective after adoption and thirty days following its legal publication. Adop this 8th day of December, 2003. A171'EST%. Sharon Knutsom City Clerk Date of Piihlicatiolit"DsCenther 18 2003 E (u ff it ec ir v itit e 'D e t4 41e ''j e an ro u a. a h r lie l re 7' e 2 tte °P t :i o..„ to be deleted.) Olt0,2003: (January 8, 8