8.3. SR 02-21-2017 - Laserfiche WebLink

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2.1 public utility or municipality prior to April 11, 1974, including the payment of existing 2.2 franchise fees, shall not be impaired or affected in any respect by the passage of this chapter, 2.3 except with respect to matters of rate and service regulation, service area assignments, 2.4 securities, and indebtedness that are vested in the jurisdiction of the commission by this 2.5 chapter. However, in the event that a court of competent jurisdiction determines, or the 2.6 parties by mutual agreement determine, that an existing license, permit, franchise, or other 2.7 right has been abrogated or impaired by this chapter, or its execution, the municipality 2.8 affected shall impose and the public utility shall collect an excise tax on the utility charges 2.9 which from year to year yields an amount which is reasonably equivalent to that amount of 2.10 revenue which then would be due as a fee, charges or other thing or service of value to the 2.11 municipality under the franchise, license, or permit. The authorization shall be over and 2.12 above taxing limitations including, but not limited to, those of section 477A.016. Franchises 2.13 granted pursuant to this section shall be exempt from the provisions of chapter 80C. For 2.14 purposes of this section, a public utility shall include a cooperative electric association. 2.15 Subd. 2. Biennial referendum on fees to raise revenues. (a) A municipality may impose 2.16 a fee under subdivision 1 to raise revenue beyond what is needed to defray increased 2.17 municipal costs due to utility operations for a two-year period if approved by the voters at 2.18 the municipal general election, following the procedures in this subdivision. 2.19 (b) The municipality must include in its ordinance or license, permit, or franchise 2.20 agreement with the public utility what constitutes a cost to the city. 2.21 (c) The municipality must identify in its ordinance or license, permit, or franchise 2.22 agreement the uses of the portion of the fee that is for purposes other than to defray city 2.23 costs. The municipality must publish a notice that explains: 2.24 (1) the fee and its intended uses; 2.25 (2) that the public utility is likely to pass the fee on to customers and how much that 2.26 may increase customers' utility bills; 2.27 (3) that alternatives to the revenue-raising portion of the fee are to raise the revenue 2.28 from another source available to the municipality or forego planned uses of the revenue; 2.29 and 2.30 (4) what revenue raised from another source will cost those paying it. 2.31 The notice must be published at least once each week for two consecutive weeks in the 2.32 official publication of the municipality and must remain posted on the municipality's Web 2.33 site throughout the notice period. The notice must also be sent to all affected ratepayers by 2 Section 1. REVISOR LCB/BR 17-249702/02/17