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Home My WebLink About2003-22 11-20 APSTATE OF MINNESOTA) ss. 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. §331 A.02, §331 A.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 20 day of November 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of size and kind of type used in the composition and pub newspapers AFFIDAVIT OF PUBLICATION abcdefghijklmnopq u BY: Subscribed and sworn -tp affirmed before me n this day of 2003. ry MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1$12005 s RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 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 CFO he notice: 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center Notice is hereby given that a public hearing will be held on the 8th 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 electric franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763- 569 -3300 to make arrangements. ORDINANCE NO. 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 CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HEN NEPIN 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 Coun cil has determined that it is in the best interest of City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Brooklyn Center. (a) Pursuant to City Ordinance No. a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to im- pose a franchise fee on Xcel Energy in amount and fee de- sign as set forth in Section 9.1 of the Xcel Energy Franchise and in the fee schedule attached hereto as Exhibit A EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential $1.48 per month Sm C I Non -Dem $3.00 per month Sm C I Demand $20.00 per month Large C I $96.00 per month Public Street Ltg $12.00 per month Muni 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 collections due by January 31. Subd. 2. Franchise Fee Statement A franchise fee is here- by 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 ac- count. 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 fran- chise fee assessment for electric service to that premise. If the Company combines the rate classifications into a sin- gle account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate clas- sification 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 ap- propriate fee. In the event a question arises as to the prop- er 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 Sec- tion 9.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Min- nesota Public Utilities Commission allows the utility coin pany to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xce Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. Xcel Energy shal make each payment when due and, if requested by the City shall provide at the time of each payment a statement sum marizing how the franchise fee payment was determined including information showing any adjustments to thi total surcharge billed in the period for which the paymen is being made to account for any uncollectibles, refunds o error corrections. Subd. 6. Enforcement. Any dispute, including enforce ment of a default regarding this ordinance will be resolve( in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstand mg the effective date of this ordinance and notwithstand ing any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordi nance is the later of ten (10) days after the publication oi after the sending of written notice enclosing a copy of thie adopted ordinance upon Xcel Energy by certified mail. 1) has been agreed to in advance by Xcel Energy's represen. tatives that Xcel Energy will abide by the provisions ofthie Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth Si subdivision 2 o _e first b n 20 ays after the foregoing effective date of the franchise fee. Subd. 8. Fee Review. The City Council. may review this Or- dinance from time to time to determine whether to contin- ue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its cur- rent 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 ob- tain 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 pub- lication. 2003. Adopted this day of Mayor ATI:EST: City Clerk Date of Publication Effective Date (Nov. 20, 2003)PllElectricFee