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Home My WebLink About106-04 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 106. 04 Motion: LeMair Second: Dornbush AN ORDINANCE ADOPTING SECTION 314 OF THE PRIOR LAKE CITY CODE IMPLEMENTING GAS AND ELECTRIC FRANCHISE FEES WITHIN THE CITY OF PRIOR LAKE THE CITY OF PRIOR LAKE HEREBY ORDAINS THAT: 1. Section 314 of the Prior Lake City Code is hereby adopted as follows: 314.100 PurDose. The Prior Lake City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Prior Lake. 314.200 314.300 314.400 314.500 (a) Pursuant to City Ordinance Sections 312 and 313, and the City's Standard Franchise Agreements for Gas Franchise and for Electric Franchise, the City has the right to impose a franchise fee in an amount and fee design as authorized therein and in the fee schedule incorporated in 314.500 and 314.600 herein. Franchise Fee Statement. A franchise fee is hereby imposed under City Code Section 312 and 313 in accordance with the schedule incorporated under Section 314.500 and 314.600 herein. Payment and Fee Desian. Franchise fees shall be paid to the City quarterly, based upon a calendar year, with payment due by the 30th day after the end of each quarter. The franchise fees shall be payable to the City in accordance with the terms set forth in Section 313 of the Franchise Ordinance. This fee is a monthly account- based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Surcharae. 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 that the Gas and/or Utilities Company will surcharge its customers in the City the amount of the fee. Electric Fee Schedule. Class Residential Sm C & I - Non-Dem Sm C & 1- Demand Large C & I Monthlv Account Fee $1.50 $5.00 $10.00 $50.00 1:\COUNCIL\ORDINANC\Draft 314 franchise fees March~dJwofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 January - March collections due by April 30. April- June collections due by July 31. July - September collections due by October 31. October - December coIIectIoIlS due by January 31. 314.600 gp FM Schedule. ,c.... ResIdentIal Comm-A CommIInd-B Commllnd-C SVDF-A SVDF-B LVDF Monthly Account Fit $1.50 $1.50 $5.00 $5.00 $10.00 $10.00 $50.00 Franchise fees are to be coIIecI8d by the utiIy in the amounts 8Bt forth in the above schedule, and submItlBd to the City on a quar1BJ1y basis as foIows: January - March collections due by April 30. AprlI- June coIIecdons due by July 31. July - September collections due by October 31. October - December collections due by January 31. 314.700 BfM:ord tuR9rt for Payment. The Gas and/or Electric UtiIIes Company shalrnake each payment when due and, If requested by the City, shall provide at the time of each payment a.$tatement Sumln.l ,L..:,,!~ how the franchise fee payment was determined, including Infonnatton showing lilY ad)ustrlltllts to the total surcharge billed in the pertod for which the payment is being tnade to account fOr any uncollectibles, refunds or error corrections. 314.800 Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in c:o......rdance with Section 3.5 the Standard Franchise Agreement. 314.900 m,ctIvl Date of FFlf'ChIH FII. The effective date of this ordinance shall beafler its publication and sixty . (60) days after the sending. of written notice enclosing a copy of this adopted Ordinance to the Gas and/or Electric Utility Company by certified mail. Collection of the fee shall commence with the bIIs for the month of July 2006. . 3. Thlt ordlnlnCllhall b8cornIlffIctIy, upon adoption and publication. Staff II hIf8by authorized to publlth this ordinance huummary. Passed and adopted this 20th day of March 2006. AI I dT: w~ Mayor PubMlldIn "PrIor ~ American on the 1st day of April 2006. 1:\COUNCIL\OROINANC\2006\106-04 314 franchise feeS. doc 1111/ i .It It I CITY OF PRIOR LAKE ORDINANCE NO. 106- 04 Motion: LeMair Second: Dornbush AN ORDINANCE ADOPl'ING SECTION 314 OF THE PRIOR LAKE CITY CODE, IMPLEMENTING GAS AND ELECTRIC FRANCHISE FEES WITHIN THE CITY OF PRIOR ,LAKE . ';.. . : THE CITY'c:OF PRIOR LAKE lEREBY ORDAINS THAT: ' 1. Section 314 of the Prior Lake ~ity Code is hereby adoptedasfollows: , ,314.100 furnnse. The 'rior Lake City Council has letermined that it is in the best interest )fthe City to imposeafranchise fee on hose public utility companies that lrovide' natural gas and electric iervices within the City ofPi'ior Lak!l. (a) Pursuant to City Ordinance lections 312 and 313, and the City's ltandard F'railchise At>- ":,~ents for Jas Franchise and for Electric ~anchise, the City has the right to mpose a franchise fee in an amount md fee design as authorized therein md in the fee schedule incorporated n 314.500 and 314.600 herein. 314'.200 Franchise Fee ;tab~ment.A franchise fee is hereby mposed under CitY Code Section 312 md313inaccordancewith theschedule ncorporared under Section. 314.500 md 314.600 herein. 314.300 / pa~andFee ~. Franchise fees s be paid' :0 the City quarterly, based upon a :alendar year, with payment due by :he 30th day after the end of each luart~r. The franchise fees shall be layable to ,the City in a~w.Jance Nith the terms set forth in Section 313 )fthe FranchiseOiilinance. Thisfee .s a monthly account-based fee on lach premise and not a meter-based 'ee, In the event that an entity covered iy this ordinance has more than one neterat a single ... ,...Jse, but only one lccount, only one fee shall be assessed :0 that account. If a premise haS two lrmoremeters beingbilledatdilf.:.:. ,..t :ates, the Company may have an lCCOunt for each rate classification, Nhich will result in more than one Affidavit of Publication Southwest Suburban Publishing State of Minnesota} }SS. County of Scott } Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07. and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. '? I 06 was published on the date or dates and in the new".l'"i'''A stated in the attached Notice and said Notice is hereby incvA.l'uA..ted as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz ~Cc~ Laurie A. Hartmann Subscribed and sworn before me on ....J.~............_....~...~&&.a.";..u.,, .o,)~a;.c,~' ." L. L,,,.,,,,l,; ..."'J....ent was eterniined, includ i...K.........tion. . . nts to the total, lll"charge m the periOd for i 'hich the payment is bEling made to i ccountfOranyuncollectib..les;refunds' 'I' r error w~. ,mons. . 314.800 . Enforcement., ny dispute, including enforcement ,I t: a default regar~ing this o~ce 'I ill be resolved m awu. Jance WIth fi ection 3.5 the Standard Franchise' I .greement. . i 314.900 Effective Date of i ~ Fee. The effective date of ~I lis ordinanc'e shall ,be. after its l', ublication and.ninety (90) days after [1 lesendingotwn. 'ttennOticeenclOSing, i copy of this adopted Ordinanc.e tQ , le Gas and/or Utility Company by r ~rtified mail. COllection of the fee l 1all commence with the billsfot the r lonth of July 2006. . ! 3. Thisordinanceshallbecome ~ ffective Upon adoption and ~ ublication. Staffisher!lby autqoriz~ ~ lpublishthisordinanceinsummary. j This ordinance shall become ~ Iective from and after its passage nd publication. . ~ Passed by the City Council of the '[! ity of Prior Lake this 20th day Of , :t~~3) [ayor .," . . . >Ublishedin the Prior LakeAmerican n Saturday. March 25,2006; No. 7103) this ;J5ti.day of ~..u.,,_ ,2006 " ~ e GWEN M. RADUENZ J NOTARY PUBUC - MINtESOTA My Comlllisslon Expires Jan. 31, 2010 . " ~~;W'J7 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $11.51 per column inch