Loading...
HomeMy WebLinkAboutExecuted Electric Franchise, Xcel Ordinance 2003-01 , ACCEPTANCE OF ORDINANCE NO. 2003-01 CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA ACCEPTANCE OF ELECTRIC FRANCHISE: WHEREAS, the City Council of the City of St. Joseph, Stearns County, Minnesota, on the 20th day of November, 2003, passed and adopted Ordinance No. 2003-01, entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST. JOSEPH, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. which Ordinance was duly published according to law on the 19th day of December, 2003, in the St. Joseph Newsleader, a newspaper circulated in and serving as the legal newspaper for the City of St. Joseph, County of Stearns, and State of Minnesota, and which Ordinance is not effective unless accepted in writing by Northern States Power Company, d/b/a Xcel Energy. NOW THEREFORE, Northern States Power Company, a Minnesota corporation, dlb / a/ Xcel Energy for itself and its successors and assigns, does hereby accept all the terms and conditions of said Ordinance. IN WITNESS WHEREOF, Northern States Power Company, d/b/a Xcel Energy has caused this document to be executed in its corporate name by its duly authorized persons and its corporate seal to be hereto affixed this 3rd day of Februaty, 2004. Attest: Northern States Power Company, 7~ F2. LÄL d/b/aX7fjg~ By , ~(~__, Assistant Secretary Kent T. Larson State Vice President Minnesota, North Dakota and South Dakota I DO HEREBY CERTIFY, that I am the City Clerk of the City of 5'-1. (fð,St1.j> ÀJ , 5J 0...61' f " County, Minnesota, and that I am custodian of its records, that the foregoing is a true and correct copy of that certain Acceptance by Northern States Power Company, d/b/a Xed Energy to Ordinance No. QQ?3 - 01 of -- , Minnesota, as filed in my So.}. v o~a.f ¡..J - office. DATED this 8~ day of ,/Ý)ó rvÄ , 20¿¡ V. ELECfRIC FRANCHISE ORDINANCE No.aoo3-ol CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST. JOSEPH, MINNESOTA, AN ELECfRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNGL OF THE GTY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA, ORDAINS: SECfION 1. Defin1t1ons SlIhr! 1. "Oti' means the Oty of St. Joseph, County of Steams, State of Minnesota. SlIhr! 7. "Gty Utility System" means the facilities used for providing non-energy related public utility service owned or operated by aty or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. S11hrl '. "Company" means Northern States Power Company, a Minnesota corporation, dlb! a Xcel Energy, its successors and assigns. S11hr1 4. "Notice II. means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Legal Services, 800 Nicollet Mall, Suite 3000, Minneapolis, :MN 55402. Notice to Gty shall be mailed to the Gty derk, P.O. Box 668, St. Joseph, :MN 56374-0668. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. SlIhrl s. "Public Ground" means land owned by the Oty for park, open space or similar purpose, which is held for use in common by the public. Snhrl h. IIPublic Way" means any street, alley, walkway or other public right-of-way within the Gty. 1 SECfION 2. Gr.:mt nfFrnnrhi<;p Gty hereby grants Company, for a period of twenty (20) years from the date hereof, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain electric distribution system and electric transmission lines, including poles, lines, fixtures, and any other necessary appurtenances in, on, over, under and across the Public Ways and Public Grounds of Gty. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to the further provisions of this franchise agreement. SECfION 3. Rp~trirtinns S11hd 1. Company facilities included in such electric distribution system, transmission lines and appurtenances thereto, shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over said Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Company's construction, operation, repair, maintenance and location of such facilities shall be subject to pennits if required by separate ordinance and to other reasonable regulations of the Gty to the extent not inconsistent with the terms of this franchise agreement. Company may abandon its underground electric facilities in place, provided, at the Gty'srequest, Company will remove abandoned metal or concrete encased conduit interfering with a Gty improvement project, but only to the extent such conduit is uncovered by excavation as part of the aty improvement project. S11hr! ? Company shall not construct any new installations within or upon any Public Grounds without receiving the prior written consent of an authorized representative of aty for each such installation. Sl1hc1 , In constructing, removing, replacing, repairing, or maintaining said poles, lines, fixtures and appurtenances, Company shall, in all cases, place the Public Ways in, on, under or across which the same are located in as good condition as they were prior to said operation and maintain any restored paved surface in such condition for two years thereafter. Gty hereby waives any requirement for Company to post a construction perfonTIance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the Gty, of a person or entity obtaining the Gty's permission to install or maintain facilities in a Public Way. SECTION 4. Tn'p Trimmine; Company is also granted the permission and authority to trim all shrubs, trees, including roots, in the Public Ways and Public Grounds of aty interfering with the proper construction, operation, repair and maintenance of any poles, lines, fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that Company shall save aty harmless from any liability in the premises. 2 SEctION 5. SeMCf' ;:mrl R>1tf'~ The service to be provided and the rates to be charged by Company for electric service in Gty are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency. SEctION 6. Relnc>1tine; S11hrl 1. Whenever Gty at its cost shall grade, regrade or change the line of any Public Way, or construct or reconstruct any Gty Utility System therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary, and after approval of its final plans have been obtained, order Company to relocate permanently its lines, services and other property located in said Public Way materially interfering with the aty's planned construction, ~mpany shall relocate its facilities at its own expense. Oty shall give Company reasonable notice of plans to grade, regrade or change the line of any Public Way or to construct or reconstruct any aty Uility System therein. However, after Company has so relocated, if a subsequent relocation or relocations shall be ordered within five (5) years from and after first relocation, Gty shall reimburse Company for such non-betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent relocations are requested because Company facilities materially and necessarily interfere with the extension of a aty Utility System to previously unserved areas, Company may be required to relocate at its own expense. Snhrl 2. Nothing contained in this franchise shall require Company to relocate, remove, replace or reconstruct at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the aty and is not reasonably necessary for the construction or reconstruction of a Public Way or aty Utility System or other aty improvement. S11hrl 1. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through Oty of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and Gty shall not order Company to remove or relocate its facilities without compensation when a Public Way is vacated, improved or re-aligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non- bettennent costs of such relocation and the loss and expense resulting therefrom are first paid to ~mpany. Sl1hrJ 4. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the aty and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county penrut. 3 SECTION 7. Tnrlpmnification SlIhrl 1 Company shall indemnify, keep and hold the Gty free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the electric facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work The aty shall not be indemnified if the injury or damage results from the perfol111aIlce in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed byaty after notice of Company's determination. S11hrl ') In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the aty in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the Gty, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or inununity otherwise available to the Gty; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 8. Vacation of Pnhlic Ways The aty shall give Company at least two (2) weeks prior written notice of a proposed vacation of a Public Way. Except where required solely for a City improvement project, the vacation of any Public Way, after the installation of electric facilities, shall not operate to deprive Company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall the City be liable to pay damages to Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECfION 9. Franchisf' Ff'f~ Snhd 1 Ff'f' Sdwd1l1e During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the aty may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Cbmpany Gtstomer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. 4 Class. Monthly Ff'f' Pœmisf' Residential $ 1.00 SmC&I - Non-Dem $ 1.75 SmC&I-Demand $10.00 Public Street Ltg $ 8.00 Muni Pumping -N/D $ 1.00 MuniPumping - Dem $ 10.00 Large C&I 2% of Gross Revenues up to $100,000 per year; and 1.5% of Gross Revenues in any calendar year in excess of $100,000 Subd..2 Sf'p~r::Jtf' Ordin~nrf' The franchise fee shall be imposed by a separate ordinance duly adopted by the Oty Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 11, Subdivision 2 shall constitute the sole remedy for solving disputes between Company and the aty in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the Oty to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9, Subdivision 1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. Sllhd...3 Tf'nTlS Df'finrrl For the purpose of this Section 9, the following definitions apply: 3.1 "Customer Gass" shall refer to the classes listed on the Fee Schedule and as defined or detennined in Company's electric tariffs on file with the Commission. 3.2 "Fee Schedule" refers to the schedule in Subdivision 1 above setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new ilitomer Gass added by Company to its electric tariffs after the effective date of this franchise agreement. 3.3 The term "Gross Revenues" means all sums received by the Company from the sale of electricity to its retail customers within the c0tp0rate limits of the aty, excluding any surcharge, sales tax, miscellaneous tariff charges or any similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the franchise fee, sales tax, or similar charge. S SJ..1lliL 4 lol1pction of tht> Ff'f' The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same Notice· requirements as in Subdivision 2 above, and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically pennitted by dùs Subdivision 1 above; provided, effective at the beginning of a Company billing month after January 31, 2009, and at 5 year intervals thereafter, the Oty may by ordinance increase each of the flat fee amounts shown (not the percentage fee) in Subdivision 1 above, provided that any rate increase will not exceed 2% of the Gross Revenues from the applicable Oass in the preceeding 12 months and provided the Company receives Notice before and after the adoption of such an ordinance as required by Subdivision 2 above. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the Oty the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the Oty at reasonable times provided that the Gty and its designated representative agree in writing not to disclose any infonnation which would indicate the amount paid by any identifiable customer or customers or any other infonnation regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for anyuncollectibles, refunds or error corrections. Snhd-5 EqnÎ''l(Ilt>nt Ff'f' Rf'qlliæmt>nt The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the Gty monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the Gty by any other energy supplier, provided that, as to such a supplier, the aty has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery- and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Subdivision 5, the foregoing conditions will be waived to the extent of such written consent. SECfION 10. Written ACCf'pt::mct> Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the Oty derk within sixty (60) days after the final passage and any required publication of this Ordinance. 6 SECfION 11. Gf'nf'rnl PmvisiotJs Sl1hd 1 Every section, provision, or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other aty ordinance conflicts -with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SlJhd ? If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to intetpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Sl1hd 1 This Ordinance constitutes a franchise agreement between the aty and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Sl1hd 4 Any change in the form of government of the Gty shall not affect the validity of this Ordinance. Any governmental unit succeeding the Gty shall, without the consent of Company, succeed to all of the rights and obligations of the aty provided in this Ordinance. Sl1hd 'i Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Company's facilities while perfonning any activity. SECfION 12. puhlir;¡tion F.xpf'nsf' The expense of any publication of this franchise Ordinance required by law shall be paid by Company. SECfION 13. Ffff'ctivf'D;¡te This Ordinance is effective as provided by statute or charter and upon acceptance by Company as provided in Section 10. 7 SECTION 14 Previous Franchises Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 10, the previous franchise shall terminate. Passed and approved: ---A1 0 V' a 0 ,200~ . MCo/ff ~~J, Attest: ç 8 EXCERPTS OF MINUTES OF NOVEMBER 20, 2003 OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA A Regular meeting of the City Council of the City of St. Joseph, Minnesota, duly called, convened, and held in accordance with law, was called to order by Mayor Larry Hosch on the 20th day of November, 2003 at 7:00 o'clock PM at the Council Chamber of the City. The following members, constituting a legal quorum, were present: Mayor Lany Hosch. Councilors Al Rassier, Gmy Utsch, Ross Rieke and Dale Wick. Adminishoator Weyrens presented a certain Ordinance entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST JOSEPH, MINNESOTA, A ELECTRIC DISTRIBUTION SYSTEM INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISIDNG OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY FOR SUCH PURPOSES. and on motion made, seconded, and duly adopted, the above-entitled Ordinance was read. Thereafter a motion was made by Council member Utsch and seconded by Mayor Hosch that the above-entitled Ordinance be adopted as read and in its entirety. On roll call the vote was as follows: Ayes: Hosch, Utsch, Rassier, Rieke, Wick Nays: None. The Mayor then declared said motion duly canied and the above-entitled Ordinance duly passed and adopted, and ordered the City Administrator to publish the same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I am City Administrator of the City of St. Joseph, Stearns County Minnesota, and that I am custodian of its records, that the above is a true and conect copy of a part of the minutes of the regular meeting of the City Council of St. Joseph held on November 20, 2003. PRINTERS' AFFIDAVIT OF PUBLICATION Sharon Pflueger, being duly sworn, on ö'ath says that helshe is the publisher or authorized agent and STATE OF MINNESOTA) employee of the publisher of the newspaper known )ss as St. Joseph Newsleader, and has full knowledge of COUNTY OF STEARNS) the facts which are stated below: (A) The newspaper has complied with aU of the requirements constituting qualifications as a quali- fied newspaper, as provided by Minnesota Statute CITY OF ST. JOSEPH 331A.02, 331A.07, and other applicable laws, as amended. Q AN ORDINANCE ADOPTING ~) Th~ printed! - /uL'~'l-u (-'¡JOf1îí.~v'j ORDINANCE 2003-1 ELECTRIC FRANCHISE FOR .' /\;d.{/V\ø./ýv~.-R d 0 O::s- I NORTHERN STATES POWER which is attached was cut from the columns of said H COMPANY, D/B/AXCEL ENERGY newspaper, and was printed and published once a SUMMARY' PUBLICATION week, for one successive week; it was first pub- The City of'Stjoseph haifadòpted , lished on ,.p:~"j' the I 4 day of Û&vr¡ kÞvc " Ordinance 2003~ I which grants' an 2003, a1]9 was thereafter printed and p,µblished on electric franchise to Northern States every f /LLe.lÄ'j to and includingF:/L~ ' the Power Co.,a Minnesota corporation, d/b/a Xcel' Energy, . to construct, l'1 day of ()¡:-êa~¡/)!)0ø·~~003; printed below is a operate, repair arId maintain in, the copy of the lower case alphabet from A to Z, both ,City.. or St. Joseph an electricdistri- inclusive, which is hereby acknowledged as being bution system and transmission lines, inc:\uding necessary poles,lines, the size and kind of type used in the composition fixtures and appurtenances, for the and publication of the notice: furnishing of electric energy to the abcdefghijklmnopqrs!,uvWX)Ìi . - City arid transmitting electric energy into and through the City and to use .. . . .' .. the public ways and public grounds ~CBy;-'-'-';2-:::?7+-_~~;: '<~ -----, \) of the City for such purposes. TITLE: M~istrãt~/ - ." - . . - -.. _ - . - .,~, - - .. - ,-.. - . . . - .:.: '.. - -~- '.' - ,- . ~ ,'- J ~ ThefranchIseag~eement .defil1escer-.: tain ..terI]1Sr~lating/t9thei'eleè:tric. Subscribed and sworn to before me this 7t¡.¡-i day franchise,describesthê restrictions, ' of ~ L^-Po/Z-f ' 200~-/ tree-trimming ,regulations, 'relocation procedures"vacation of public-way procedures . and general' require- ments:of the ordil1ance, provides an indemnjfication . clause, prescribes theservlceancÍ irànchise f~es,and' ~~,.:t~!t.:~é>~"'<!-"<:~,9-0~M~~{"'~~';¡'~~ð-~~(t< outlinestheproèedurefor collecting ~ f$1~W1J.!t.¡., JANELLE M. SCHNEEKLOTH l the fees. f f:~Y,#l:"1;#ß.~ NOTARY PUBLIC - MINNESOTA ~ ~ ~~:(1it".'L?î STEARNS COUNTY ~ t!J 'J:,¡. ."..'¡..>;' This material is a. summary' of the ~ V/¿;ë~JV¡P r,i'{ cmAM, EXPIRES 01-31-2005. _~"";:':~::~"""""''''';-:'''-:'_':'~·-'''~~~''-~''.~-';''--¿~-'''''}-",<;'-'Þð'.c~&<f~ amendments' to'. Ordinance. 2003- I. The full text of Ordinance 2003- r is LM- ,,1M. Jt~ available for ìnspection by any per- son during regular office hours at the offi ce of the St. Joseph City N1Çtary Public Adminístrator/Clerk. Dated' thIs 20th day of November, (1) Lowest classified rate paid by $5.55 2003. commerciaJ users for comparabJe (Line, word or inch) s/s Larry Hosch space Mayor s/sJudyWeyrens (2) Maximum rate anowed by Jaw $5.55 Administrator/Clerk for the above matter (Line, word, or inch) Published: Dec. 19 (3) Rate actually charged for the $5.55 above matter (Line, word,orinch) ORDINANCE NO. 2003-04 AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC ENERGY SERVICE WITHIN THE CITY OF ST. JOSEPH THE CITY COUNCIL OF THE CITY OF ST. JOSEPH DOES ORDAIN: SECTION 1. The City of St. Joseph Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The St. Joseph City Council has determined that it is in the best interest of tl1e City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of St. Josephs. (a) Pursuant to City Ordinance 2003-04, a Franchise Agreement between the City of St. Joseph and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the l1ght to impose a franchise fee on Northern States Power Company, a rv1innesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set fortl1 in Section 9, Subd.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy February, 2004 billing month. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9, Subd. 4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and tl1at Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, rcfunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 11, Subd. 2 of the Franchise Agreement. ,? Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and sixty (60) days after tlle sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided in Subdivision 9, Subd. 4. Passed and approved: ,IJf c>/r 2ð ,20~. Mqyor ~~~ SEAL , , . " SCHEDULE A Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis 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. Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Fee Per Premise Per Month Residential $1.00 Commercial Finn Non-Demand $1.75 Commercial Firm Demand $10.00 Fee Per Therm Small Interruptible $.005 Large Interruptible $,005 Firm Transportation $.005 Intermptible Transportation $,005 PRINTERS' AFFIDAVIT OF PUBLICATION - Sharon Pflueger, being duly sworn, on oath says that he/she is the publisher or authorized agent and STATE OF MINNESOTA) employee of the publisher of the newspaper known )ss as S1. Joseph Newsleader. and has full knowledge of COUNTY OF STEARNS) the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifications as a quali- fied newspaper, as provided by Minnesota Statute . '.CITYOFST;.jOSEPH 331 A.02, 331A.07, and other applicable laws, as AN'ORD.INANCEADO~TING . amended. n lìJrpK~ ······;,·'ORDINANCE2003~4 ?() The printed f't:/',na. ,'1ee .~GÄS:SERVICE FRANCHISE ( . ml~ fì:J .""I' 0 dDb3 - '-I .., '·<:::.:::':C'FEE· ..... ,- - .-,-""-"'-'-" ',- ".. ," which is attached was cut from the columns of said - .'.-.. :.:jFÇ>RiNORTHERNSTATES ;'.":P:PV(Ei{C:(:>MPANY;D/BI A newspaper, and was printed and published once a .içi;- ·.~CEL:ENER(;Y.:,..· week, for one successive week; it was first pub- . :c··SUMMARY:PUBI.:.ICATJON lished on fÎ';dÒ-<-f . the 1'1 day of kXC1J fYlkr. -, - -.'.. --' '. . ···(//;~'trd?--:·o;,_..;-; ::-'- ;.-:>,: " .' The"Ôty~Ú:St.:JoseW hascad~pted : 2003, and was thereafter printed a~ublìshed on ,Or;~i,:,a~,ce'2~031,which imposes a ! every ~ d.r::L< 4 to and including I"ÁfM.j , the . ·t~!g~:;Jil;d¡~~n~~hJ~er:fego'io:.....¡ \Ldayof'(kQ.R,~b".r:-2003; printed below is a 'Min¡;'~šotàèörpoýltion).'dlb/a::Xèel : copy of the lower case alphabet from A to Z, both '. 'Energy:' .'".~',"'.,.. y>" inclusive, which is hereby acknowledged as being ." This ördinance establishesthe'þur- the size and kind of type used in the composition pose of the franchise fee, provides and publication of the notice: for the paym~ntschedule,the incur- abcdefghijklmnopqrstrrz . rence of a surcharge and the record- ing of payment procedure, and pre- -======---~ scribes the enforcement of the ordi- BY: .", '. , nance. TITLE: Ad ativ . .... , . This,material,is.a-su'r:nmary' of.the Subscribed and sworn to before me this /~ day amendments to Ordinance 2003-4. The full text ,of Ordina~ce 2~03-4is of JY:sr--:>u-7\.12-Y' , 200~.Y available foririspectionby any per- son during regular office hours åt the office ·of ,the . St.. Joseph City Administrator/Clerk. s/s L2rr)' Hosch ' ~"""~.~~'!'4 Mayor s/s Judy Weyrens '.' - ~/ll. ~ Administràtor/Clerk' Published: Dec. ',9 INotary Public . (1) Lowest classified rate paid by ~ commercial users for comparable (Line, word or inch) space (2) Maximum rate allowed by law ~ for the above matter (Line, word, or inch) (3) Rate actually charged for the $5.55 above matter (Line, word, or inch)