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HomeMy WebLinkAboutExecuted Gas Franchise Agreement, Ordinance 2003-03 ACCEPTANCE OF ORDINANCE NO. 2003-03 CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA ACCEPT ANCE OF GAS FRANCHISE: WHEREAS, the City Council of the City of St. Joseph, Steams County, Minnesota, on the 20th day of November, 2003, passed and adopted Ordinance No. 2003-03, entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ST. JOSEPH, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS 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 tl1e 30tn day of 0 Cv.r-\ \..>v0J'(' 'j , 20 b~ ) in the St. Joseph Newsleader, a newspaper circulated in and serving as the legal newspaper for the City of St. Joseph, County of Steams, and State of Minnesota, and which Ordinance is not effective unless accepted in writing by Northern States Power Company, d/b/a Xcd Energy. NOW THEREFORE, Northern States Power Company, a Minnesota corporation, d/b/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 February, 2004. Attest: Northern States Power Company, d/b/a Xccl Energy , 'd ;p .d; ~. K ~ ~_ By, }f~ -0h-- Assistant Secretary Kenr'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 ~ ~a,..S 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 Xcel Energy to Ordinance No. ~3-ðj> of s+ 0'o~jV , Minnesota, as filed in my office. l~ íl/a ý¿t1 , 20.2L. DATED this ~ day of ~~ty Ç)ey~ GAS FRANŒISE ORDINANCE NO.).,OO70J. 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 ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCfING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ST. JOSEPH, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABIT ANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA, ORDAINS: SE CfI ON 1. Definitions Subd. 1. IIGo/' means the Gtyof St. Joseph, County of Steams, State of Minnesota. Subd. 2. IIGty Utility Systemll means the facilities used for providing non-energy related public utility service owned or operated by Gty or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Subd.3. "Commission" means the Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all of part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Subd. 4. "Company" means Northern States Power Company, a Minnesota corporation, d/b/ a Xcel Energy, its successors and assigns. Subd. 5. IIGas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Subd. 6. "Notice" means a written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Administrator, 211st Ave NW 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. Subd.7. IIPublic Ground" means land owned by the Gty for park, open space or similar purpose, which is held for use in common by the public. Subd. 8. "Public Way" means any street, alley, walkway or other public right-of-way within the City. I SECTION 2. Grant of Franchise City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the non-exclusive right and privilege of erecting a gas distribution system and using the Public Ways and Public Grounds of Gty for the purpose of constructing, operating, repairing, and maintaining in, on, over, under and across the same, all gas pipes, mains and appurtenances usually, conveniently, or necessarily used in connection therewith, for the purpose of the transmission of gas, or the distribution of gas, for public and private use within and through the limits of City as its boundaries exist or as they may be extended in the future. Company may also do all reasonable things necessary or customary to ~ccomplish these purposes, subject, however, to the further provisions of this franchise agreement. SECfION 3. Restrictions Subd. 1. All gas pipes, mains, regulators, and other property and facilities 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 to not disrupt normal operation of City Utility System previously installed therein. Company's construction, operation, repair, maintenance and location of such facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City improvement project. Subd. 2. Company shall not construct any new or modified installations within or upon any Public Grounds without receiving the prior written consent of an authorized representative of Gty for each such new installation. Subd. 3. In constructing, removing, replacing, repairing, or maintaining said gas pipes, mains 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 surtace in such condition for two years thereafter. City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other fonn 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, replace or maintain facilities in a Public Way. SECfION 4. Tree Trimming Company is also granted the pennission and authority to trim all trees, including roots and shrubs in the Public Ways of Gtyto the extent Companyfinds necessary to avoid interference with the proper construction, operation, repair and maintenance of gas facilities, provided that Company shall save City harmless from any liability in the premises. SECfION 5. Service and Rates The service to be provided and the rates to be charged by Company for gas service in Gty are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency. 2 SE CTI ON 6. Relocating Subd. 1. Whenever aty at its cost shall grade, regrade, or change the line of any Public Way, or construct or reconstruct any aty 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 mains, services, and other property located in said Public Way materially interfering with the Oty's planned construction, Company 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 Gty Utility 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. Subd 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 City and is not reasonably necessary for the construction or reconstruction of a Public Way or aty Utility System or other Gty improvement. Subd.3. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through Gty 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 aty shall not order Company to remove or relocate its facilities without compensation when a Public Way is vacated, improved or realigned 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- betterment costs of such a relocation and the loss and expense resulting therefrom are first paid to Company. Subd.4. The provisions of this franchise 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 pennit. SECTION 7. Indemnification Subd. 1. Company shall indemnify, keep and hold the Gty free and hannless 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 pennits, or the operation of the gas facilities located in the Public Ways and Public Grounds. The aty shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the atis negligence as to the issuance of permits for, or inspection of, Company's plans or work The Gty shall not be indemnified if the injury or damage results from the perfonnance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by Gty after notice of Company's determination. 3 Subd. 2. In the event a suit is brought against the Gty 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 City, wruch consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City, and Company, in defending any action on behalf of the Gty shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECfION 8. Vacation of Public Ways The Gty shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required solely for a Gty improvement project, the vacation of any Public Way, after the installation of gas facilities, shall not operate to deprive Company of its rights to operate and maintain such gas 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. FRANCHISE FEE. Subd. 1. Fee Schedule. During the tenn of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the aty may impose on the 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 Company Olstomer Gass. 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: Class Monthly Fee Per Premise Residential $1.00 Commercial Finn Non- Demand $1.75 Commercial Finn Demand $10.00 Monthly Fee Per Therm Per Premise Small Interruptible $.005 Large Interruptible $,005 Firm Transportation $.005 Interruptible Transportation $.005 Subd. 2. Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City 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 the beginning of a Company billing month 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 Oty in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the 4 City 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. Subd.3. Terms Defined. Subd. 4.1. "Gass" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. Subd. 4.2. "Fee Schedule" refers to the Schedule in Section 9.1 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 Customer dasses added by the Company to its gas tariffs after the effective date of this franchise agreement. Subd.4.3. Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. Subd.4. Collection of the Fee. 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 gas 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 gas service in excess of the amounts specifically permitted by this Subdivision 9 above; provided, effective at the beginning of a Company billing month after January 31, 2009, and at 5 year intervals thereafter, the aty may by ordinance increase each of the flat fee amounts shown (not the fee per therm) in Subdivision 1 above, provided that any rate increase will not exceed 2% of the Gross Revenues from the applicable Class in the preceding 24 months, and provided that the maximum increase allowed shall not exceed 5% of the applicable flat fee amount then being increased, and provided further the Company receives Notice before and after the adoption of such an ordinance as required by Subdivision 2 above. The payment shall be due the last business day of the month following the period for which the payment is made. 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 gas service. Company may pay the atythe 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 City at reasonable times provided that the Oty 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 5 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. Subd.5. Equivalent Fee Requirement. 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 energywithin the Gty by any other energy supplier, provided that, as to such a supplier, the Gty 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 pmposes. 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. SECTION 10. Written Acceptance 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 Gty Oerk within sixty (60) days after the final passage and any required publication of this Ordinance. SECTION 11. General Provisions Subd. 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 Gty ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Subd. 2. If either party asserts that the other party is in default in the perfonnance 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 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 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret 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 pennitted by law. Subd. 3. 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. 6 Subd. 4. Any change in the form of government of the Oty shall not affect the validity of this Ordinance. Any governmental unit succeeding the aty shall, without the consent of Company, succeed to all of the rights and obligations of the Gtyprovided in this Ordinance. Subd. 5. 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 performing any activity. SECTION 12. Publication Expense The expense of any publication of this franchise Ordinance required by law shall be paid by Company. SECTION 13. Effective Date This Ordinance is effective as provided by statute or charter and upon acceptance by Company as provided in Section 8. SECfION 14. Previous Franchise Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 8, the previous franchise shall terminate. Passed and approved: NoV . ~O , !2co:) :L~~ Map Attest: 7 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 ofthe City of S1. 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 Larry Hosch. Councilors Al Rassier, Gary Dtsch, Ross Rieke and Dale Wick. Administrator 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 GAS DISTRIBUTION SYSTEM INCLUDING THE NECESSARY GAS PIPES, MAINS AND APPURANTES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TRANSMITTING GAS INTO AND THROUGH THE CITY, AND TO USE THE PUBLIC WAYS AND PUBLIC 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 Councilmember 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, Dtsch, Rassier, Rieke, Wick Nays: None. The Mayor then declared said motion duly calTied 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 ofthe City of S1. 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 S1. Joseph held on November 20, 2003. PRINTERS' AFFIDAVIT OF PUBLICATION Roberta Bollig, 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 St. Joseph Newsleader, and has full knowledge of COUNTY OF STEARNS) the facts which are stated below: (A) The newspaper has complied with an of the requirements constituting qualifications as a quali- CITY OF ST. JOSEPH fied newspaper, as provided by Minnesota Statute AN. ORDINANCE ADOPTING 331A.02, 331A.07, and other applicable laws, as A NEW ORDINANCE 2003-3 GAS FRANCHISE amended. Ga5 - FOR NORTHERN" STATES l) The printed ¡)rd, deOOS -3 , }-( æ.rt:-h l:..se POWER eo., - ^ .¡ tJlìY~rl'\ S1a-~ ç" Yo ())0 Ci> dl1œ YtEL- 6~\'fJ1_ D/B/A XCEL ENERGY SUM. MARY PUBLICATION which is attached was cut from the columns of said The City of St.Joseph þas adopted a newspaper, and was printed and published once a new Ordinance 2003-3 which grants week, for one ~uccessive wet; it was first pub- a gas fränchise.to Northern States lished on ~ the ,}O day of Jet(l, . Pc>wer Co.. a Minnesota corpora- 2004, an~ was thereafter printed a~ublished on tion;d/b/a Xes! Energy, to erect a ev~ W,dQ~o and including t-nèlæ ~ ' the gas-distribution system for the pur- ¡ poses of constructing, operating,' ~ day of . Œ2.1\' ,2004; printed bel is a repairing and maintaining in the city copy of the lower case alphabet from A to Z, both of St.Joseph the necessary gas pipes, inclusive, which is hereby acknowledged as being mains and appurtenances for the transmission or distribution of gas to the size and kind of type used in the composition the city and transmitting gas into and and publication of the notice: through the city and to use the pub- lie ways and public grounç!s of the abcdefghijklm opqrstuvwxyz city for such purposes. MQ \ The franchise agreement defines certain terms relating. to the gas franchise, describes the restrictions, tree-trimming regulations, relocation Subscribed and sworn to before me this rl-i.... day procedures, vacation-of-public-way of ~ 1<rL.,,-~-e I.j ,2004. procedures and general require, ments of the ordinance, provides an indemnification clause, prescribes the service·_ and. franchise fees, and "~·~·~---l outlines- the procedure of collecting- '~f',~~~p.:k" JANELI.E M, SCHNEEKLOTH the fees. ->, l;~¡¡r'J;;'i.¡ NOTARY PUBLIC - MINNESOTA } . ..r,,, 'f: S COUNTY '. i"':;,1.<';:ì~¡;;';! STEARN This material is a summary of the ~ ~,i¿¡¡;h{~Y ~IY COMM. EXPIRES 01-31·2005 amendments to Ordinance! 2003-3. L'~~~~~....:o."....,,~,~.. .......~~"""~r---~.....-, t'-~ÞJ The full text of Ordinance 2003-3 is available for inspection byany per- son during regular office hours at at/fA-Lc--lh ,~~~, the office of the St. Joseph.. .City Administrator/Clerk. .. 1. Datèd this 20th·' day of Novem?er; Notary Public 2003. ~- (1) Lowest classified rate paid by ~ /s/ Larry Hosch commercial users for comparable (Line, word or inch) Mayor . space /sl JUdy,Weyrens Administrator/Clerk (2) Maximum rate allowed by law $5.55 PÙbllshed: Jan. 30 for the above matter (Line, word, or inch) (3) Rate actually charged for the $5.55 above matter (Line, word, or inch) y 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 tl1e City of St. Joseph and Northern States Power Company, a Minnesota cOlporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth 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 witl1 tl1e terms set forth in Section 9, Subd. 4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allmvs the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that 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 tl1e City, shall provide at the time of each payment a statement summarizing how tl1e 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, refunds 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 the sending of written notice enclosing a copy of this adopted Ordinance to Xeel Energy by certified mail. Collection of the fee shall commence as provided in Subdivision 9, Subd. 4. Passed and approved: Ifk;t I '2-ð ,20~. y Mqyor ~A~ lI'tes" ~ Lr~ Clerk 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 lTlOntl1 based on metered service to retail customers within tl1e City: Class Fee Per Premise Per Month Residential $1.00 Commercial Firm Non-Demand $1.75 Commercial Film Demand $10.00 Fee Per Thelm Small Interruptible $.005 Large Intenuptible $.005 Firtn Transportation $.005 Interruptible 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 St. 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 , ,CITY OF ST.'jOSEPH 331 A.02, 331A.07, and other applicable laws, as AN'ORDINANCEADO~TING amended. n L1"l(~-~ 'i<ORDINANCE 2003-4 (~ The printed f'~'lna ,/)cP .~GÄSSERVICEFRANCHISE ' , ,::,':'".:'?' FEE' " ( , Ibl~ ry¡ ,......" 0 ;JOb3 - ~ ; which is attached was cut from the columns of said .,.:FPR:NORTHERN:STATES , ,,'POWER<::OMPANY,D/B/ A newspaper, and was printed and published once a :']::2X', 'x'eEl'ENERGY,:, week, for one successive week; it was first pub- '<'SOMMARYPÜBtICATIQN i lished on fÎ'; J...cu...( , the t'î day of CXco fYJkr. ·--<:·~:~i"&_.:~_'~~':':~:~..-~_.:;..d ".- "-: <::<:'- The 'Òty"iofSt.',Jose'ph' has ,adopted : 2003, and was thereafter printed a~ublished on .- - - :~" . -'." --. _. - - - __I every +r. At'l-< 4 to and including f'.'J.-U-<-j , the ~()r;,dinance;2003·;twhich imposes a" '{~~r~~s~¿Ji\;iá¡¿~n~Ä~:er:',IeÇb.,o:..·i \Lday o:fÍ1-f_ Q-<' ."7Îh" r:-2003; printed below is a 'Minri~š6tã ,cörpo~tionH:!/b/a.')<cél. copy of the lower case alphabet from A to Z, both 'Energy: . ,,;',;' ','" '-:';, ,';-', ' inclusive, which is hereby acknowledged as being .- ,'-:- This ordinance establishes the pur- the size and kind of type used in the composition , pose of the franchise fee, provides and publication of the notice: for the paym,ent,schedule, the incur- abcdefghiiklmnopqrst~ rence of a surcharge and the record- ing of payment procedure, and pre- -===::.---~ BY ----.... '. '- scribes the enforcement of the ordi- . - , . . ~. nance. TITLE: Ad . .\ ativ ,".: ,This; materialisa summary' oUthe Subscribed and sworn to before me this I ~ day am~ndments to Ordinance 2003-4. The full text of Ordinance 2003-4' is . of ~1J-7tf2-V , 200$.Y available, for inspection by any per- sonduring regular office hours atthe office ,of' the St.c,Joseph City Administrator/Clerk. ,. - -. ." . " , Dated, this ;2Othday of Noyember. , , ,2003. s/s Larry Hosch ' ~:#,,~'<f'--'N""~ Mayor s/s Judy Weyrens ',' - ~/ll, ~ Administrator/Clerk Pùblished: Dec. 1.9 INotary Public . (1) Lowest classified rate paid by $5.55 commercial users for comparable (Line, word or inch) space (2) Maximum rate allowed by law $5.55 for the above matter (Line, word, or inch) (3) Rate actually charged for the $5.55 above matter (Line, word, or inch)