ORD 26-13City of
Ell* �-
River
Ordinance 26-13
StrikethFoughs to be removed
Underlines to be added
An Ordinance 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 does hereby ordain 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 21613.36 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 I 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. Elk River Municipal Utilities, a Minnesota Municipal Utility, its successors
and assigns.
2.3 Franchise Ordinances. The franchise ordinance adopted by the City on April 15,
2013 - 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:;
General Manager, Elk River Municipal Utilities, 13069 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.
SEC NON 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 $6.00
Small Commercial/Industrial (Non Demand) $30.00
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Underlin&s to be added
Small Commercial/Industrial (Demand) $84.00
Large Commercial/Industrial (> 1 MW Demand) $120.00
Outdoor Advertising (Billboards), Non -Metered CableTV/Phone $12.00
Public Street/Trail Lighting and Traffic signals $0.00
Irrigation, Lift Station, Siren, and Muni. Pumping services $0.00
3.2 Account Fee.
a) The fee imposed under this section shall be assessed on a per -account basis and shall
not be assessed on a per -meter basis
b) For any property with a single parcel identification number (PID) under common
ownership, the owner shall be responsible for payment of the highest applicable fee
associated with any meter serving the property.
c) For properties with separate metered tenant spaces under a single PID, a separate fee
shall be assessed for each meter..
d) The City Administrator, or their designee, shall have the authority to interpret and
implement the provision of this Section 3.2. Any person aggrieved by a determination of
staff may appeal such determination to the City Council.
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 31.
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.
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Underlines to be added
SECTION 4. That this ordinance shall take effect upon adoption and be published as
provided by law.
Passed and adopted by the City Council of the City of Elk River this 18 day of May, 2026.
J n J.ietz, yor
ATTEST:
JustirKDuYford, City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
Star News
with the known office of issue being located
in the county of-
SHERBURNE
with additional circulation in the counties of-
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/23/2026 and the last
insertion being on 05/23/2026.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: --A
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/23/2026
Notary Public
JACQUELINE HUERTA
. (-- L2 Notary Public
Minnesota
My Commission Expires Jan. 31, 2029
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
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Ad ID 1538327
CITY OF ELK RIVER
ORDINANCE 26-13
AN ORDINANCE 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 does hereby ordain 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 Company. Elk River Municipal Utilities, a Minnesota Municipal Utility, its successors and assigns.
2.3 Franchise Ordinances. The franchise ordinance adopted by the City on April 15, 2013 -City Ordinance
No. 13-07.
2.4 Notice. "Notice" means a writing served by any party or parties on any other parry or parties. Notice
to Companies shall be mailed to:;
General Manager, Elk River Municipal Utilities, 13069 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 ($1
Residential $6.00
Small CommerciaVindustrial (Non Demand) $30.00
Small Commercial/Industrial (Demand) $84.00
Large Commercial/Industrial (> 1 MW Demand) $120.00
Outdoor Advertising (Billboards), Non -Metered CableTV/Phone $12.00
Public Street/Trail Lighting and Traffic signals $0.00
Irrigation, Lift Station, Siren, and Muni. Pumping services $0.00
3.2 Account Fee.
a) The fee imposed under this section shall be assessed on a per -account basis and shall not be assessed
on a per -meter basis
b) For any property with a single parcel identification number (PID) under common ownership, the owner
shall be responsible for payment of the highest applicable fee associated with any meter serving the property.
c) For properties with separate metered tenant spaces under a single PID, a separate fee shall be assessed
for each meter..
d) The City Administrator, or their designee, shall have the authority to interpret and implement the provision
of this Section 3.2. Any person aggrieved by a determination of staff may appeal such determination to the
City Council.
3.3 Pavment. 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 31.
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 Ordi-
nances 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 in-
validate 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 take effect upon adoption and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 18 day of May, 2026.
John J. Dietz, Mayor
ATTEST:
Justin Dunford, City Clerk
Published in the Star News
May 23, 2026
1539327