ORD 13-15 City 11of
1k y�p-Mv-
• V 41
Ordinance No. 13-15
An Ordinance of the City of Elk River Amending Appendix A Ordinance 13-
08 Implementing an Electric Service Franchise Fee for Providing Electric
Service Within the City of Elk River
The City Council of the City of Elk River hereby ordains as follows:
Section 1. Purpose. The Ella 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 Ell-,River, County of Sherburne, State of Minnesota.
2.2 Companies. Connexus Energy, a Minnesota Cooperative Corporation, its
successors and assigns; and Ell-, 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 Rarnsey Boulevard NW, Ramsey,MN 55030 and;
General Manager, Elk River Municipal Utilities, 40369 13069 Orono Parkway, Ell-,
River,MN 55330.
Notice to City shall be mailed to the City Administrator, City of Ell-, River, 13065
Orono Parkway, Ell-,River,MN 55330.
Section 3. Electric Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franclise 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 Colinnercial/Industrial (Non Demand) $25.00
General Commercial/Industrial(Demand) $70.00
Large Corrurnercial/Industrial (> 1 MW Demand) $100.00
Outdoor Advertising ( illboards), Non-Metered CableTV/Phone $10.00
Irrigation services,Lift Station services, Siren sei vices $0.00
3.2 Account Fee.
a) This fee is an account based fee and not a meter based fee.An account includes all
electric meters located on a single property or premises that have the same address
and property owner.
b) Properties with a single address and owner shall pay the largest fee that applies to
any one of their meters.
d) Separately metered space rented to tenants other than the owner shall pay a fee
for each tenant meter.
e The CinT Admynistrator, or his designee,is authorized to determine the
appropriate implementation of this Section 3.2. Appeals ftom decisions of the staff
may be taken to the City Council.
This fee is ata aeeount based fee and net a tnetei! based fee. ita the evefft , at aii efitty
be assessed to that aeeauflt. lia the eveat any efil"Hes eevei!e- D '1118 ordiiiaiaee have imere
ques'-'ea arises as to the pi!opei4 -fee- f0t
shad a�-1--
3.3 Payment. After the initial notice period as provided in Section 3.1, franchise fees ate to
be collected by the Companies and submitted to the City in accordance with the following
schedule:
January-Match 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 SuI212ort 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.
i
i
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 unposed
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 3`dday of September, 2013 by the City Council of dze City of Ella River.
J n J. ietz, M yor
ATTEST:
Tina Allard, City Clerk
I
i
i
I
I
I
i
i
I
i
AFFIDAVIT`7i 1 CITY OF ELK RIVER
LAY' V iT l' PUBLICATION [legal•teX An Ordinance of the City of ORDINANCE k River Amending Appendix A
Ordinance 13-08 implementing an Electric Service Franchise Fee for
STATE OF MINNESOTA )ss Providing;Electric Service Within the City of Elk River
COUNTY OF SIIERBURNE
The City Council of the City of Elk River hereby ordains as follows:
Section 1. Purpose. The Elk River City Council has determined that
Tonya Orbeck being duly sworn on an oath, is in the best interest of the City to impose franchise fees on those utility
states or affirms that they are the Authorized companies that provide natural gas and electric services within the City.
Pursuant to Minnesota Statutes,Section 21613.36 and the Franchise Ordi-
Agent of the newspaper(s) known as: nances,the City has the authority and right to impose franchise fees on the
Companies. The purpose of this ordinance is to establish such franchise
Star News 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.
and has full knowledge of the facts stated For the purposes of this Ordinance,the following capitalized terms shall
have the following meanings:
below: 2,1 City. The City of Elk River,County of Sherburne,State of Minnesota.
(A)The newspaper has complied with all of 2.2 Companies. Connexus Energy,a Minnesota Cooperative Corpora
the requirements constituting qualifiea- tion,its successors and assigns;and Elk River Municipal Utilities,a Min- '
tion as a qualified newspaper as provided nesota Municipal Utility,its successors and assigns.
by Minn. Stat. §331A.02, §331A.07, and 2.3 Franchise Ordinances. The franchise ordinances adopted by the
City on April 15,2013-City Ordinance No.13-06 and City Ordinance No.
other applicable laws as amended. 13-07.
(B)This Public Notice was printed and pub- 2.4 Notice. "Notice" means a writing served by any party or parties
lished in said newspaper(s) once each on any other party or parties. Notice to Companies shall be mailed to:
Chief Executive Officer,Connexus Energy,14601 Ramsey Boulevard NW,
week, for 1 successive week(s); the first Ramsey,MN 55030 and;
insertion being on 09/14/2013 and the last General Manager, Elk River Municipal Utilities, 13069 Orono Parkway,
insertion being on 09/14/2013. 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:
Authorized Agent Customer Classification Amount per Account
per Month($J
Subscribed and sworn to or affirmed before Residential $5.00
me on 09/14/2013. Small Commercial/Industrial(Non Demand) ` $25.00
General Commercial/Industrial(Demand) $70.00
Large Commercial/Industrial(>1 MW Demand) $100.00
�- Outdoor Advertising(Billboards),
Non-Metered CableTV/Phone $10.00
Irrigation services,Lift Station services,
Nor a ublic Siren services $0.00
3.2 Account Fee.
a)This fee is an account based fee and not a'meter based fee.An ac
_ av count includes all electric meters located on a single property or premises
ERICA
MARIE ���5®N that have the same address and property owner.
� ] b)Properties with a single address and owner shall pay the largest fee
.:
Notary Public-Minnesota
that applies to any one of their meters.
My Commission Expires Jan 31,2016 d) Separately metered space rented to tenants other than the owner
shall pay a fee for each tenant meter.
e)The City Administrator,or his designee,is authorized to determine the
appropriate implementation of this Section 3.2.Appeals from decisions of
the staff may be taken to the City Council
3.3 moment. 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-Septembers collections due by October 31.
October-December collections due by January 31.
3.4 Record Support for moment. 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 re-
cords 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
Rate Information: such.
3.7 Periodic Review. The City Council shall review this ordinance every
(1)Lowest classified rate paid by commercial users two years in whatever manner the City Administrator then determines to be
for comparable space: appropriate. Failure to review this ordinance shall not in any way invalidate
$22.00 per column inch
or limit it.!The franchise fee imposed by this ordinance shall remain'in ef-
fact 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 3rd day of September,2013 by the City Council of the
Ad ID 22965 City of Elk River.
John J.Dietz,Mayor
ATTEST:Tina Allard,City Clerk
Published in the Elk River Star News September 14,2013 22965
i
I
i