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HomeMy WebLinkAbout2015-11 08-20 AP AFFIDAVIT OF PUBLICATION110b w ,.,:a, 1 t�� si o di r x>fi � , Ii :yd STATE OF MINNESOTA I1 ' Ss c, �i ,�,�=c,�,CJ .I�lAQ�J111 q�1�8t�_. COUNTY OF HENNEPIN (Official Publication} CITY OF BROOKLYN CENTER Charlene Vold being duly Sworn on an oath, NOTICE OF ORDINANCEI'ADOPTION' states or affirms that he/she is the Publisher's ORDINANCE NO.2015-11 Designated Agent of the newspaper(s)known AN ORDINANCE'CONTINUING THE NATURAL GAS FRANCHISE FEES ON THE OPERATIONS OF'CENTERPOINT`ENERGY RESOURCES as: CORP IN THE CITY OF BROOKLYN CENTER - THE CITY COUNCIL OF THE CITY OF BROOKLYN'CENTER DOES OR SP Brooklyn Ctr/Brooklyn Park DAIN AS FOLLOWS: Section 1. RECITALS. With the known Office of issue being located 1.1. By Ordinance No.2003-08,adopted on July-14,2003;the City of in the county Of: Brooklyn Center,Minnesota;approved a franchise for CenterPoint Energy HENNEPIN Minnegasco;a.division'of CenterPoint Energy ResourcesGorporation(the with a substantial portion of the circulation "2003 Franchise.Ordinance"). in the counties of: 1.2. Pursuant to the 2003 Franchise Ordinance,the City Council imposed HENNEPIN afranchise fee on the operations of the franchise by Ordinance No.2003-23 adopted on-,December 8,2003,which ordinance, including the"franchise and has full knowledge of the facts stated fees"imposed thereby,was amended by Ordinance No:2009-02,adopted below: on January 12,2009(the"2003 Franchise Fee Ordinance,as amended'T (A)The newspaper has Complied with all of 1.3.The City council has adopted a new franchise.ordinance'for Center- the requirements constituting qualifica- Point Energy Resources Corp(the"Franchisee"),by.Ordinance No.2015- 12,adopted on August 10,2015(the"2015 Franchise Ordinance"),which, tion as a qualified newspaper as provided upon becoming effective,will supersede the 2003 Franchise Ordinance. by Minn.Stat.§331A.02. j.4. The City Council finds that it is reasonable,,,prude nt,and,in the (B)This Public Notice was printed and pub- interest of the public that the franchise fee imposed by the 2003 Franchise lished in said newspaper(s) once each Fee Ordinance,as amended,-be continued under the 2015 Franchise Or week, for 1 successive week(s); the first dinance on.tha same fee schedule as the 2003 Franchise Fee Ordinance, insertion being on 08/20!2015 and the last as amended., 1.5. The Franchisee has consented and agreed:to the imposition of insertion being on 08/20/2015. the franchisefee provided for herein and waived the dispute resolution process and the right to object to the fee provided for,in Section 8 of the MORTGAGE FORECLOSURE NOTICES 2015 Franchise Ordinance. Pursuant to Minnesota Stat. §580.033 Section 2'fRANCHISE FEE, relating to the publication of mortgage 2.1. Franchise Fee. A franchise fee ("Fee)..is,hereby imposed on foreclosure notices: The newspaper complies Franchisee,under the 2015 Franchise Ordinance,,asset forth'in the fee with the Conditions described in §580.033, schedule attached hereto and incorporated herein by reference as Exhibit A,upon the affective date of the 2015 Franchise Ordinance and the end subd. 1, clause (1) or(2). If the newspaper's of the Franchisee's obligations to collect a franchise fee under the 2003 known Office Of issue is located in a county Franchise`Fee Ordinance,as amended,so that the collection of franchise . adjoining the county where the mort a ed fees will not be interrupted,all as approved by the Minnesota Public UtIli- premises Or some part of the mortgaged ties commission. This fee is;an account-based-fee on each.premise and•not a meter: premises described in the notice are located, based fee.,In the event that an entity covered by thisaordinance bas more a Substantial portion of the newspaper's than one meter,ata single premise, but only one account,only one fee Circulation is in the latter County shall be assessed to:that account..If a premise.has-two or more meters being billed,at different:rates,the Franchisee may have an,account for each rate classification,which will result in more tharr,one.franchise fee By: �(�Q� � assessment for electric service to that premise C 141,(4� If the Franchisee combines the rate classifications into,a single account; Designated Agent the franchise fee:assessed to the account will be.the largest•franchise fee applicable to-a single rate classification for energy delivered to that.prem- ise.In the event anyentitles covered by this ordinance,have more than one Subscribed and sworn to or affirmed before premise,each premise(address)shall be subject tathe appropriate fee.In me on 08/20/2015, the event'a question arises as to the proper fee-amount.focany premise, the Franchisee'smanner of billing for energyuseel a all similar premises in the city will control. 2.2.•Payment.The Fee shall be payable to the City,in accordance with the terms set forth in the 2015 Franchise Ordinance.; iv` ►"SQL pL� 2.3. Surcharge,The City acknowledges that Franchisee may choose,to Notary Public add the full amount.of the l=ee as,a customer surcharge to reimburse the Franchisee for,the Fee.Franchisee shall provide to,ths City a copy of the proposed,customer bill line item describing thi Fee,thirty days before the first bill collecting the Fee is sent to customers., �- nnMnivvv�Mnlvww� 2.4. Proof of Customer Usage.,Franchisee shall make each payment . DARLENE MARIE MACPHER30N when due and shall quarterly furnish a complete and correct,statement of gross operating revenues for said quarter.Franchisee,shall permit the City Notary Public-Minnesota and its designated representative reasonable accessto the Franchisee's „. My Commission Expires Jan 31,2019 records for the purpose of verifying such.statements. e 2.5. Enforcement.'Any dispute,including enforcement of`a.defauit:re garding this ordinance will be resolved in accordance with the 2015 Fran- chise Ordinance, Section 3.EFFECTIVE DATE.-This ordinance shall become effective af- ter. f- ter adoption,and upon thirty(30)days following i`tslegal publication. Rate Information: Adopted this 10th day,of August,2015. (1)Lowest classified rate paid by commercial users Mayor Tim Willson for comparable space: ATTEST: City Clerk Sharon Knutson $46.90 per column inch Date of Publication:August 20,2015 Effective Date:September 19,2015 Ad ID 43326I - EXHIBIT A CenterPoint Energy Gas Franchise Fee Sqedule x. Class FeeRiir'Premise =Residential $.1`.52 per'month=� Commercial A, $1,15t'56' 'per rtiontti Commercial Industrial B $ A:S per'month Commercial'C- °$20,60 per.month SVDF A, $51;50 Per.ino'nth j SVDF B $98.8$per month LVDF $98.88 per month 8/20/15,3SPt,Ordinance No.2015-11,'433281 I . 4