ORD 13-09The 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 a franchise fee on those utility companies that provide natural gas and electric
services within the City. Pursuant to Minnesota Statutes, Section 21613.36 and Section 6.1 of the
Franchise Ordinance, the City has the authority and right to impose a franchise fee on Company.
The purpose of this ordinance is to establish such franchise fees to be paid to the City by the
Company. 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 Company. CenterPoint Energy Minnegasco ( "CenterPoint Energy "), its successors and
assigns.
2.3 Franchise Ordinance. The franchise ordinance adopted by the City on February 24, 2003,
City Ordinance No. 03 -005
2.4 Notice. "Notice" means a writing served by any party or parties on any other party or
parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division,
Vice President, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to City shall be mailed
to the City Administrator, City of Elk River, 1306.5 Orono Park \vay, Elk River, MN 55330.
Section 3. Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company
commencing with the July 2013 billing month, and in accordance with the following fee schedule:
Customer Classification Amount per Account per Month (i
Residential $$4.00
Commercial /Industrial, Small Volume A 54.00
Commercial /Industrial, Small Volume B
$ 16.00
Commercial /Industrial, Small Volume C
$50.00
Commercial /Industrial, Dual Fuel A and B
$70.00
3.2 Account Fee. Thus fee is an account -based fee and not a meter -based fee. In the event that an
entity covered by t$is 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 Pa,n� Franchise fees are to be collected by the Company and submitted to the City 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.
3.4 Record Support for Payment. The Company 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 Company shall permit the City, and its
representatives, access to the Company's records for the purpose of verifying such statements.
3.5 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to
collect the franchise fee. This includes non - collectible accounts.
3.6 Relation to Franchise Ordinance. This ordinance is enacted in compliance with the Franchise
Ordinance 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.
E -V^ l
Adopted this j , day of "I I ,2013 by the City Council of the City of Elk River.
J � J. Di
ay tz
or s' r
Tina Allard
Cit 7 Clerk
AFFIDAVIT OF PUBLICATION
Ord . 13-09
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.
rn Cc 14 -)
Authorized Agent
Subscribed and sworn to before me on
this 20th day of April,2013
rmxi (AILL
'�� ERICA MARIE WILSON•
lVota
�f. ::: rY i'ublic-Minnesota
j°»• MY C omrnission
Notary Public
lan gt 2016
RATE INFORMATION
(1)Lowest classified rate paid by commercial $21.00
users for comparable space
(line,word or inch rate)
3361889
ORDINANCE NO.13-09
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON
CENTERPOINT ENERGY MINNEGASCO,A NATURAL
GAS UTILITY,A DIVISION OF CENTERPOINT ENERGY
RESOURCES CORPORATION,A DELAWARE
CORPORATION("CENTERPOINT ENERGY")FOR
PROVIDING GAS ENERGY SERVICE WITHIN THE CITY
OF ELK RIVER,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 a fran-
chise fee on those utility companies that provide natural gas and
electric services within the City. Pursuant to Minnesota Stat-
utes,Section 216B.36 and Section 6.1 of the Franchise Ordinance,
the City has the authority and right to impose a franchise fee on
Company. The purpose of this ordinance is to establish such
franchise fees to tie paid to the City by the Company.The.fran-
chise fees will be used to partially fund the Cities cost to main-
tain the city street system.
Section 2. Definitions.
For the purposes of this Ordinance,the following capitalized
terms shall have the following ineanings:
2.1 City. The City of Elk River,County of Sherburne,State of
Minnesota.
2.2 Company. CenterPoint Energy Minnegasco("CenterPoint
,, •
Energy),its successors and assigns.
2.3 Franchise Ordinance. The franchise ordinance adopted by
the City on February 24,2003,City Ordinance No.03-005
2.4 Notice. "Notice"means a writing served by any party or
parties on any other party or parties. Notice to Company shall be
mailed to CenterPoint Energy,Minnesota Division,Vice Presi-
dent,800 LaSalle Avenue,Minneapolis,MN 55402. Notice to
City shall be mailed to the City Administrator,City of Elk River,
13065 Orono Parkway,Elk River,MN 55330.
Section 3. Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franchise fee is
hereby imposed on Company commencing with the July 2013
billing month,and in accordance with the following fee schedule:
Customer Classification Amount per Account per Month($)
Residential $4.00
Commercial/Industrial,Small Volume A $4.00
Commercial/Industrial,Small Volume B $16.00
Commercial/Industrial,Small Volume C $50.00
.4.Et.,..."Fs.›r.:4:00..swo: E:a 4400:: c.1
Commercial/Industrial,Dual Fuel A and B $70.00
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 ...-,c...) ;1,,t.,'Ea t... .,.. c....
one fee shall be assessed to that account. In the event any .) 09. : °
.4.. -.. 0 0 =
entities covered by this ordinance have more than one account,
each account shall be subject to the appropriate fee. In the event a) p.. B-4., PIZ
a question arises as to the proper fee amount for any account,the .-' a-2j'01 ° - c.)
highest possible fee amount shall apply. '-'7' el !.17,s1 i-."g ,...--
-0 s.,74= ...) )14
3.3 Payment. Franchise fees are to be collected by the
Company and submitted to the City as follows: . - o a
$-, ,..,_ w ,-
January-March collections due by April 30. a >a) La,es>, 2 ...a.
April-June collections due by July 31. ° `Dagil-h4
July-September collections due by October 31. c...) ,I0 ›-• ›. 4 0D ,-1
October-December collections due by January 31.
3.4 Record Support for Payment. The Company shall make - a a 5,
o- 4,•
each payment when due and,if requested by the City, shall cu a'0.4' a *Z
_ ..- na . 0 " rd
provide a statement summarizing how the franchise fee payment ..... ;-. d .
(ti -.• l
..
sz rcl 0'V -4 a,
was determined,including information showing any adjustments ''' '8-8
›'-■•• - a 0 .
to the total made to account for any non-collectible accounts, ,marn ate
refunds or error corrections. The Company shall permit the City, a g a 4
,.-a 4, o -0.•-, _0
.541:2
and its representatives,access to the Company's records for the
,,..,°) .,..c.1.1) g.'41
purpose of verifying such statements. ,--• ;....•TJ a w-'-'• 0-010 ,..;
3.5 Payment Adjustments. Payment to the City will be •--. > e ,.., a E-47a a
adjusted where the Company is unable to collect the franchise •0 a 61 - - .fee. This includes non-collectible accounts. • o:...-„.,5:$,1:,w 4
2 a a .-1.4
3.6 Relation to Franchise Ordinance. This ordinance is enacted 3-4 att*E' a a .2 2-4, - 4
0-^' B tha t 0 °':.!. t' C.)
in compliance with the Franchise Ordinance and shall be ,...•,... a _ c., a a,„4„
., - a)■■1 W CD "Ci ›),4
interpreted as such. •,•D ,.,-a ›,„..a a El cn to<4 le. 0,i,ti._)4.•...
...