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ORD 13-08Ka ! IMTA 01 AN ORDINANCE OF OF RIVER IMPLEMENTING ELECTRIC SERVICE FRANCHISE FEE FOR PROVIDING ELECTRIC CXRVICE WITHIN THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA The City Council of the City of Elk River hereby ordains as follows: Section 1. Purpose. The Elk River City Council has determined that is in the best interest of the City to impose franchise fees on those utility companies that provide natural gas and electric services within the City. Pursuant to Minnesota Statutes, Section 216B.36 and the Franchise Ordinances, the City has the authority and right to impose franchise fees on the Companies. The purpose of this ordinance is to establish such franchise fees to be paid to the City by the Companies. The franchise fees will be used to partially fund the Cities cost to maintain the city street system. Section 2. Definitions. For the purposes of this Ordinance, the following capitalized terms shall have the following meanings: 2.1 City. The City of Elk River, County of Sherburne, State of Minnesota. 2.2 Companies. Connexus Energy, a Minnesota Cooperative Corporation, its successors and assigns; and Elk River Municipal Utilities, a Minnesota Municipal Utility, its successors and assigns. 2.3 Franchise Ordinances. The franchise ordinances adopted by the City on April 15, 2013 — City Ordinance No. 13- 06 and City Ordinance No_ 13- 07. 2.4 Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Companies shall be mailed to: Chief Executive Officer, Connexus Energy, 14601 Ramsey Boulevard NW, Ramsey, MN 55030 and; General Manager, Elk River Municipal Utilities, 10369 Orono Parkway, Elk River, MN 55330. Notice to City shall be mailed to the City Administrator, City of Elk River, 13065 Orono Parkway, Elk River, MN 55330. Section 3. Electric Franchise Fee. 3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on the Companies after sixty (60) days' written notice from the City, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $5.00 Small Commercial /Industrial (Non Demand) $25.00 General Commercial /Industrial (Demand) $70.00 Large Commercial /Industrial (> 1 MW Demand) $100.00 3.2 Account Fee. This fee is an account -based fee and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. 3.3 Payment. After the initial notice period as provided in Section 3. 1, franchise fees are to be collected by the Companies and submitted to the City in accordance with the following schedule: 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 3 . 3.4 Record Support for Payment. The Companies shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non - collectible accounts, refunds or error corrections. The Companies shall permit the City, and its representatives, access to the Company records for the purpose of verifying such statements. 3.5 Payment Adjustments. Payment to the City will be adjusted where the Companies are unable to collect the franchise fee. This includes non - collectible accounts. 3.6 Relation to Franchise Ordinances. This ordinance is enacted in compliance with the Franchise Ordinances and shall be interpreted as such. 3.7 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Administrator then determines to be appropriate. Failure to review this ordinance shall not in any way invalidate or limit it. The franchise fee imposed by this ordinance shall remain in effect unless and until amended or revoked by adoption of an amendment of this ordinance. Section 4. That this Ordinance shall be published and take effect as provided by law Adopted this 15 day of _April , 2013 by the City Council of the City of Elk River. �9 ,J 4 Job J. Dietz Mayor Tina Allard City Clerk Ord . [S-OB AFFIDAVIT OF P UBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE Tonya Orbeck, being duly sworn on oath says that she is the authorized agent of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newpaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws,as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 20th day of April, 2013, and was therefore printed and published on every Saturday to and including Saturday,the 20th day of April,2013. Authorized Agent Subscribed and sworn to before me on this 20th day of April,2013 ERICA MARIE WILSON Notary Public y ; Notary Public-Minna sota commission Expfgg Jan 31,2018 RATE INFORMATION (1)Lowest classified rate paid by commercial $21.00 users for comparable space (line,word or inch rate) 3361875 ORDINANCE NO.13-08 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ELK RIVER, SHERBURNE COUNTY,MINNESOTA The City Council of the City of Elk River hereby ordains as fol- lows: Section 1. Purpose. The Elk River City Council has deter- mined that is in the best interest of the City to impose franchise fees on those utility companies that provide natural gas and elec- tric services within the City. Pursuant to Minnesota Statutes, Section 216B.36 and the Franchise Ordinances,the City has the authority and right to impose franchise fees on the Companies. The purpose of this ordinance is to establish such franchise fees to be paid to the City by the Companies. The franchise fees will be used to partially fund the Cities cost to maintain the city street system. . Section 2. Definitions. For the purposes of this Ordinance,the following capitalized terms shall have the following meanings: 2.1 City. The City of Elk River,County of Sherburne,State of Minnesota. 2.2 Companies. Connexus Energy,a Minnesota Cooperative Corporation,its successors and assigns;and Elk River Municipal:' Utilities, a Minnesota Municipal-Utility,its successors and assigns. 2.3 Franchise Ordinances. The franchise ordinances adopted by the City on April 15,2013-City Ordinance No. 13-06 and City Ordinance No.13-07. 2.4 Notice. "Notice"means a writing served by any party or parties on any other party or parties. Notice to Companies shall be mailed to:Chief Executive Officer,Connexus Energy,14601 Ramsey Boulevard NW,Ramsey,MN 55030 and; General Manager,Elk River Municipal Utilities, 10369 Orono Parkway,Elk River,MN 55330. Notice to City shall be mailed to the City Administrator,City of Elk River,13065 Orono Parkway,Elk River,MN 55330. Section 3. Electric Franchise Fee. 3,1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on the Companies after sixty(60)days'written notice from the City,and in accordance with the following fee schedule: Customer Classification Amount per Account per Month($) Residential $5.00 Small Commercial/Industrial(Non Demand) $25.00 General Commercial/Industrial(Demand) $70.00 Large Commercial/Industrial(>1 MW Demand) $100.00 3.2 Account Fee. This fee is an account-based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter,but only one account,only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event IO e a question arises as to the proper fee amount for any account,the .4 a a highest possible fee amount shall apply. :~.2 .0 3.3 Payment. After the initial notice period as provided in , a v o Section 3.1,franchise fees are to be collected by the Companies o 0 c3 and submitted to the City in accordance with the following `'0 — schedule: Q a d January-March collections due by April 30. ao April June collections due by July 31. °o' July-September collections due by October 31. 1 o 0 -c October-December collections due by January 31. 0 aai 4 M co 3.4 Record Support for Payment. The Companies shall make ti d each payment when due and,if requested by the City,shall o o provide a statement summarizing how the franchise fee payment 'S 0 a • ea was determined,including information showing any adjustments a fa ..G)V o b , to the total made to account for any non-collectible accounts, -0 e g s, o .g refunds or error corrections. The Companies shall permit the City,and its representatives,access to the Company records for a as ., 41•cs the purpose of verifying such statements. S"' m Q 3.5 Payment Adjustments. Payment to the City will be . .,, ti adjusted where the Companies are unable to collect the franchise `" 0 c E-170„,, o fee. This includes non-collectible accounts. 1 q° ›:"4i4 N b 3.6 Relation to Franchise Ordinances. This ordinance is o as °2141-4 .s, enacted in compliance with the Franchise Ordinances and shall U CO. •. ar m be interpreted as such. ` °' vo o U 3.7 Periodic Review. The City Council shall review this a <C - 0 .a ordinance every two years in whatever manner the City 0o o t?`' Administrator then determines to be appropriate. Failure to review this ordinance shall not in any way invalidate or limit it.