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HomeMy WebLinkAbout2003-24 11-20 APSTATE OF MINNESOTA) for one Nota SS. abcdefghijklmno affirmed before me 2003. i MERIDEL M. HEDBLOM NOTARY PUBUGMINNESOTA MY COMMISSION EXPIRES 1414005 CFO s RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 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, successive weeks; it was first published on Thursday, the 20 day of November 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 p notice: Subscribed and sworn 9n, this p day of 2.85 per line 6.20 per line 1.40 per line City of Brookly Center Notic�s hereby given that a public hearing will be held on the 8 day of December, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amend- ment granting Northern States Power Company an elec- tric franchise fee ordinance. Auxiliary aids for handi- capped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clem at 763 569 -3300 to make arrangements. ORDINANCE NO. 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, HEN NEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. City of Brooklyn Center Ordi- nance No. 97 -09 Section 2. Subdivision 1, Section 9 Subdi- visions 1, 2, 4, 5, and 6 and Section 10 are hereby amend- ed as follows: Section 2. FRANCHISE. Subdivision 1. Grant of Franchise. City hereby grants Company, for a period of twenty (20) years te on December 8. 2023, the right to transmit and furnish elec- tric 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 extend- ed in the future. For these purposes, Company may con- struct, 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 cus- tomary to accomplish these purposes, subject, however, to such reasonable regulations as maybe 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 fran- chise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on :Com- pany a franchise fee (not to exceed an amount determined) by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Classificationjfor metered service at each and every customer location based on a Fee Schedule similar to the following:) The' agreed that the fran fee col!ectesl by the Comp and ap id to the City in accordance with this Section 9 shall not ex- ceed the following amounts through December 31 2008• Customer Classification Amount per month Residential 1.48 Small C I and Municipal with no demand charge 3,Q0 Small C I and Municipal with demand charge 20.00 Large C I .00 Public Street light $12.0.0 Munial P umpin non- demand demand $12,00 (The amount from each customer in the Customer Classi- fication shall be determined so that the total amount col- lected 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 Com- pany's estimated total annual revenues to be collected 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 by certified mail. The fee shall not become effective until at least sixty (60) days after written notice enclosing such adopted ordi- nance 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 ordi- nance. No action by the City to implement a separate or- dinance will commence until this ordinance is effective. (A separate ordinance which imposes a lesser 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 Classifica- tion in the Fee Schedule is reduced so that the total annu- al 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, ex- ceed 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 opera- tion of electric facilities, such as building permit fees. i ,.n 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 cus tomer billings for (teetered);glel'trik 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 specifi- cally 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 T,o obtain. 1$o franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from it customers in each ap- plicable Blass 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 to subsequent reductions to account for uncol lectibles, refunds and corrections of erroneous billings. Company agrees to make its records available for inspec- tion by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by an identifiable customer or customers or any other information regarding identified customers. Jn_addition the Company agrees to nrovide at the time of each pay- ment was determined. includinv information showing any Adjustments to the total surcharge billed in the period for which payment is being made to account for any =cones tables. refunds.: or error corrections. Subdivision 5. Condition of the Fee. The separate ordi- nance ,imposing the fee shall not be effective against Com- pany unless it lawfully imposes and the City quarterly or often collects a fee or tax of the same or greater equiv- alent amount on the receipts from the sales_ of energy within the City by any other energy supplier, provided that, as to a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer or by comparing as to similar cus- tomers, the percentage of the annual :bill represented by the amount collected for franchise fee purposes. The fran- chise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply: of energy needed to run machinery and appliances, on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. lithe Company specificallv con- sents in writing to a franchise or separate ordinance col l: z 1 1 I a f v plier in contravention of this Section 9.5. the foreeoine con ditions will be waived to the extent of such written con- sent, Subdivision 6. is reserved for future use. (Subdivision 6. Permitted Adjustments. If following the effective date of a separate ordinance as described in Subdivision 9.2 the Commission by Final Order approves a change in Compa- ny's electric rates resulting in a general rate increase for one or more Customer Classifications, Company shall cal- culate,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 Com- pany, receives the Final Order. The amount of the fran- chise fee that may imposed by the City maybe increased from the Fee Schedule in the separate ordinance to an amount not to exceed the percentage, for the applicable Customer Classification stated in the Company's letter times each monthly amount set forth in the Fee Schedule and adding the resultant amount to theapplicable 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 as Compa- ny's electric rate increase. During the period where the City has imposed a franchise fee by separate ordinance under Subdivision 9.2 there is no waiver of the right to impose the amendment if the City does not seek an increase in any franchise fee immediate- ly after any such letter from Company, and, if the City so chooses, the City can combine the percentages derived' from one or more rate case, to the extent not previously ap- plied by the City, in setting the amount of the franchise fee, so that the City is not prejudiced by delaying any action to impose' or increase the franchise fee. I Section 10. FRANCHISE REOPENER. (If at any time after the date hereof, Company is collecting and paying a franchise fee in two or more cities, in the seven county metropolitan area, based on a franchise or- dinance adopted by such cities after the date of this fran- chise agreement, and in which cities Company was not paying a franchise fee in February, 1997, the City may give Company Notice to amend this franchise agreement to au- thorize collection of a franchise fee substantively identical to the franchise fee being collected in two or more cities identified in the Notice. If Company refuses to do 80 with- in ninety (90) days after receiving said Notice from the City, the City may terminate this franchise agreement upon thirty (30), days prior written Notice unless, Compa- ny gives Notice to the City within said thirty (30) day pe- riod that it will immediately agree to accept an amend- ment ofthis ordinance authorizing collection of fee under this franchise agreement on the same terms and condi- tions and in an amount not exceeding the fee being col- lected in two or more cities referenced;in the City's Notice. In addition, after} cgr this franchise agreement has been in effect (for 10 years,) until January 31. 2014 the City may give Company Notice that it desires to amend the fran- chise to incorporate specific provisions which Company has agreed to in the franchise for two or more other cities of the second, third, or forth class in the seven-county met- ropolitan area, based on a franchise ordinance adopted by such cities after the date of this franchise agreement, which cities are identified in the Notice. If Company re- fuses to do so within ninety (90) days after receiving said Notice from the City, the City may terminate this franchise upon thirty (30) days prior written notice unless the Com- pany within that time provides Notice to the City that it will immediately agree to accept an amendment to this or dinance:incorporating the desired franchise provisions ex- isting in two or more other cities as referenced in the City's Notice. Jnaddition. effective at the beginning of Com- pany hulling month after January 31. 2009. the City may increase the amounts shown in the fee schedule in Section 9.1 provided that no amount in the schedule shall be in creased by more:han 5% in any individual year and pro- vided the Company receives notice at least 60 days prior to the effective date of such increase. EFFECTIVE DATE. This ordinance shall be effective after adoption and thirty days following its legal:publica- Adopted this day of 2003. Mayor A'rrEST City Clerk Date of Publication: Effective Date. (Underline indicates new matter, brackets indicate mat ter to be deleted.) (Nov. 20, 2003)P1/Ord97 -09