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AFFIDAVIT`7i 1 CITY OF ELK RIVER LAY' V iT l' PUBLICATION [legal•teX An Ordinance of the City of ORDINANCE k River Amending Appendix A Ordinance 13-08 implementing an Electric Service Franchise Fee for STATE OF MINNESOTA )ss Providing;Electric Service Within the City of Elk River COUNTY OF SIIERBURNE The City Council of the City of Elk River hereby ordains as follows: Section 1. Purpose. The Elk River City Council has determined that Tonya Orbeck being duly sworn on an oath, is in the best interest of the City to impose franchise fees on those utility states or affirms that they are the Authorized companies that provide natural gas and electric services within the City. Pursuant to Minnesota Statutes,Section 21613.36 and the Franchise Ordi- Agent of the newspaper(s) known as: nances,the City has the authority and right to impose franchise fees on the Companies. The purpose of this ordinance is to establish such franchise Star News 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. and has full knowledge of the facts stated For the purposes of this Ordinance,the following capitalized terms shall have the following meanings: below: 2,1 City. The City of Elk River,County of Sherburne,State of Minnesota. (A)The newspaper has complied with all of 2.2 Companies. Connexus Energy,a Minnesota Cooperative Corpora the requirements constituting qualifiea- tion,its successors and assigns;and Elk River Municipal Utilities,a Min- ' tion as a qualified newspaper as provided nesota Municipal Utility,its successors and assigns. by Minn. Stat. §331A.02, §331A.07, and 2.3 Franchise Ordinances. The franchise ordinances adopted by the City on April 15,2013-City Ordinance No.13-06 and City Ordinance No. other applicable laws as amended. 13-07. (B)This Public Notice was printed and pub- 2.4 Notice. "Notice" means a writing served by any party or parties lished in said newspaper(s) once each on any other party or parties. Notice to Companies shall be mailed to: Chief Executive Officer,Connexus Energy,14601 Ramsey Boulevard NW, week, for 1 successive week(s); the first Ramsey,MN 55030 and; insertion being on 09/14/2013 and the last General Manager, Elk River Municipal Utilities, 13069 Orono Parkway, insertion being on 09/14/2013. 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: Authorized Agent Customer Classification Amount per Account per Month($J Subscribed and sworn to or affirmed before Residential $5.00 me on 09/14/2013. Small Commercial/Industrial(Non Demand) ` $25.00 General Commercial/Industrial(Demand) $70.00 Large Commercial/Industrial(>1 MW Demand) $100.00 �- Outdoor Advertising(Billboards), Non-Metered CableTV/Phone $10.00 Irrigation services,Lift Station services, Nor a ublic Siren services $0.00 3.2 Account Fee. a)This fee is an account based fee and not a'meter based fee.An ac _ av count includes all electric meters located on a single property or premises ERICA MARIE ��5®N that have the same address and property owner. � ] b)Properties with a single address and owner shall pay the largest fee .: Notary Public-Minnesota that applies to any one of their meters. My Commission Expires Jan 31,2016 d) Separately metered space rented to tenants other than the owner shall pay a fee for each tenant meter. e)The City Administrator,or his designee,is authorized to determine the appropriate implementation of this Section 3.2.Appeals from decisions of the staff may be taken to the City Council 3.3 moment. 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-Septembers collections due by October 31. October-December collections due by January 31. 3.4 Record Support for moment. 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 re- cords 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 Rate Information: such. 3.7 Periodic Review. The City Council shall review this ordinance every (1)Lowest classified rate paid by commercial users two years in whatever manner the City Administrator then determines to be for comparable space: appropriate. Failure to review this ordinance shall not in any way invalidate $22.00 per column inch or limit it.!The franchise fee imposed by this ordinance shall remain'in ef- fact unless and until amended or revoked by adoption of an amendment of this ordinance. Section 4. That this Ordinance shall be published and take effect as provided by law. Adopted this 3rd day of September,2013 by the City Council of the Ad ID 22965 City of Elk River. John J.Dietz,Mayor ATTEST:Tina Allard,City Clerk Published in the Elk River Star News September 14,2013 22965 i I i