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HomeMy WebLinkAbout2003-22 12-18 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 weeks; it was first published on Thursday, the 18 day of December 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2003; 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,ptlbltdatioti the notice: abcdefghijklmnopq tuvwxyz Subscribed and sworn t go this.iC day of u Notat r affirmed /before me 2003. e RATE INFORMATION MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1- 31.2005 (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged i BY CFO 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) NOTICE OF ORDINANCE ADOPTION. ORDINANCE NO. 2003-22 AN ORDINANCE. IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CEN- TER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby amended to include the following Special Ordinance. Subdivision 1. Purpose. The Brooklyn Center City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility that provide natural gas and electric services within the City of Brooklyn Center. (a) Pursuant to City Ordinance No. 2003 -24, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose a franchise fee on Xcel Energy in amount and fee design as set forth in Section 9.1 of the Xcel Energy Franchise and in the fee schedule attached hereto as Exhibit A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its Electric .Franchise in accordance with the schedule attached hereto and made a part of this ordinance, commencing with the Xcel Energy's February 2004 billing month for January 2004 useage. 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 i If the Company combines the rate classifications into a single account, the franchise fee assessed to the account I 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 9.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when due andif requested 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 accounflor any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. "t Effective Date of Franchise Fee, Notwith- standing the effective date of this ordinance and not withstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this pbdivision 7, provided fee collection will not commence Wore the later,oftbeipompany billing month set forth in subdivision 2 or the not billing month commencing 20 days after the foregoing effective data of the franchise fee. Subd 8. Fee Re The City Council may review this Ordinance from time to time to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give Xcel at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of Xcel to any proposed increase in the fee' but may unilaterally decrease or terminate the fee. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 8th day of December, 2003. Mayor Myrna 'freeness A'1T1 ST: ,:City Clerk Sharon Knutson Date of Publication: December 18, 2003 Effective Date: January 17, 2004 XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE ClaesFee Per Premise Residential $1,48 per month Sm C &]I Non -De $3.00 per month Sm C I Demand $20.09 per month Large C 1 $96.00 per month Public Street Ltg•! $12.00 per month Mum Pumping N/D $12.00 per month MuniPumping Dem $12.00 per month Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule, 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 ¢ojletions-due by January 31. P -1 ORD2003 -22 (December 18, 2003)