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ORD 13-08
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ORD 13-08
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11/22/2013 3:01:52 PM
Creation date
4/17/2013 3:15:03 PM
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City Government
type
ORD
date
4/15/2013
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ORDINANCE NO.13-08 <br /> CITY OF ELK RIVER <br /> AN ORDINANCE OF THE CITY OF ELK RIVER <br /> IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE <br /> FEE FOR PROVIDING ELECTRIC SERVICE WITHIN THE <br /> CITY OF ELK RIVER, <br /> SHERBURNE COUNTY,MINNESOTA <br /> The City Council of the City of Elk River hereby ordains as fol- <br /> lows: <br /> Section 1. Purpose. The Elk River City Council has deter- <br /> mined that is in the best interest of the City to impose franchise <br /> fees on those utility companies that provide natural gas and elec- <br /> tric services within the City. Pursuant to Minnesota Statutes, <br /> Section 216B.36 and the Franchise Ordinances,the City has the <br /> authority and right to impose franchise fees on the Companies. <br /> The purpose of this ordinance is to establish such franchise fees <br /> to be paid to the City by the Companies. The franchise fees will <br /> be used to partially fund the Cities cost to maintain the city <br /> street system. <br /> . Section 2. Definitions. <br /> For the purposes of this Ordinance,the following capitalized <br /> terms shall have the following meanings: <br /> 2.1 City. The City of Elk River,County of Sherburne,State of <br /> Minnesota. <br /> 2.2 Companies. Connexus Energy,a Minnesota Cooperative <br /> Corporation,its successors and assigns;and Elk River Municipal:' <br /> Utilities, a Minnesota Municipal-Utility,its successors and <br /> assigns. <br /> 2.3 Franchise Ordinances. The franchise ordinances adopted by <br /> the City on April 15,2013-City Ordinance No. 13-06 and City <br /> Ordinance No.13-07. <br /> 2.4 Notice. "Notice"means a writing served by any party or <br /> parties on any other party or parties. Notice to Companies shall <br /> be mailed to:Chief Executive Officer,Connexus Energy,14601 <br /> Ramsey Boulevard NW,Ramsey,MN 55030 and; <br /> General Manager,Elk River Municipal Utilities, 10369 Orono <br /> Parkway,Elk River,MN 55330. <br /> Notice to City shall be mailed to the City Administrator,City of <br /> Elk River,13065 Orono Parkway,Elk River,MN 55330. <br /> Section 3. Electric Franchise Fee. <br /> 3,1 Franchise Fee Statement and Schedule. A franchise fee is <br /> hereby imposed on the Companies after sixty(60)days'written <br /> notice from the City,and in accordance with the following fee <br /> schedule: <br /> Customer Classification Amount per Account per Month($) <br /> Residential $5.00 <br /> Small Commercial/Industrial(Non Demand) $25.00 <br /> General Commercial/Industrial(Demand) $70.00 <br /> Large Commercial/Industrial(>1 MW Demand) $100.00 <br /> 3.2 Account Fee. This fee is an account-based fee and not a <br /> meter-based fee. In the event that an entity covered by this <br /> ordinance has more than one meter,but only one account,only <br /> one fee shall be assessed to that account. In the event any <br /> entities covered by this ordinance have more than one account, <br /> each account shall be subject to the appropriate fee. In the event IO e <br /> a question arises as to the proper fee amount for any account,the .4 a a <br /> highest possible fee amount shall apply. :~.2 .0 <br /> 3.3 Payment. After the initial notice period as provided in , a v o <br /> Section 3.1,franchise fees are to be collected by the Companies o 0 c3 <br /> and submitted to the City in accordance with the following `'0 — <br /> schedule: Q a d <br /> January-March collections due by April 30. ao <br /> April June collections due by July 31. °o' <br /> July-September collections due by October 31. 1 o 0 -c <br /> October-December collections due by January 31. 0 aai 4 M co <br /> 3.4 Record Support for Payment. The Companies shall make ti d <br /> each payment when due and,if requested by the City,shall o o <br /> provide a statement summarizing how the franchise fee payment 'S 0 a • ea <br /> was determined,including information showing any adjustments a fa <br /> ..G)V o b <br /> , <br /> to the total made to account for any non-collectible accounts, -0 e g s, o .g <br /> refunds or error corrections. The Companies shall permit the <br /> City,and its representatives,access to the Company records for a as ., 41•cs <br /> the purpose of verifying such statements. S"' m Q <br /> 3.5 Payment Adjustments. Payment to the City will be . .,, ti <br /> adjusted where the Companies are unable to collect the franchise `" 0 c E-170„,, o <br /> fee. This includes non-collectible accounts. 1 q° ›:"4i4 N b <br /> 3.6 Relation to Franchise Ordinances. This ordinance is o as °2141-4 .s, <br /> enacted in compliance with the Franchise Ordinances and shall U CO. •. ar m <br /> be interpreted as such. ` °' vo o U <br /> 3.7 Periodic Review. The City Council shall review this a <C - 0 .a <br /> ordinance every two years in whatever manner the City 0o o t?`' <br /> Administrator then determines to be appropriate. Failure to <br /> review this ordinance shall not in any way invalidate or limit it. <br />
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