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Ordinance 584 Gas Service Franchise FeeCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE N0.584 AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN: SECTION I. The City of Mendota Heights Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. I. Puraose. The Mendota Heights 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 services within the City of Mendota Heights. (a) Pursuant to City Ordinance 583, a Franchise Agreement between the City of Mendota Heights and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, 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 NSPM April, 2024 billing month. This fee is an account -based fee on each premise and not ameter-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 gas 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. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided in above. Passed and approved: January 9, 2024. ATTEST: {�U�f�_ Naxky Bau r, City Clerk SEAL CITY COUNCIL CITY OF MENDOTA HEIGHTS �i��Grui�c.c�J l/?-✓� Stephanie B. Levine, Mayor 2 SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Residential Commercial Firm Non -Demand Commercial Firm Demand Small Interruptible Medium and Large Interruptible Firm Transportation Interruptible Transportation Amount per month $2.00 $20.00 $20.00 $20.00 $20.00 $ n/a $ n/a Franchise fees are submitted to the City on a quarterly basis as follows: January —March collections due by Apri130. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY Kavla Tsuchiva, being duly sworn on oath, says: that she is, and during all times herein state has been, Inside Sales Representative of Northwest Publication, LLC., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of General circulation within the City of St. Paul and the surrounding Counties of Minnesota and Wisconsin including Ramsey and Kanabec. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): Friday, January 12, 2024 Newspaper Re£/AD Number#: 71512921 Client/Advertiser: City of Mendota Heights Vu/L iuc202400 v Kaye, r,�<nrya a=e ix, o:zacs,j AFFIANT SIGNATURE Subscribed and sworn to before me this 12th day of January. 2024 True Lee n"e tee Iran u, xoza zo:3z csr) 1►U➢��;ir�111:11fCi Ramsey County, MN My commission expires January 31, 2025 y._.STATE OF MINNESOTA 5 sMY COMMISSION EXPIRES ."".".,,.zo„ Contimres to next page.... CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA For Ordinances 583,584,585, and SBG Amending the City of Mendota Heights Cade Tide 13, Chapters 2 and 3 NOTICE IS HEREBY GIVEN he City Camcil of the adopted ordinances omei Franchises, Chapter 2 Elect Chapter 3 Gas Franchise: ri that on Jgnuory 9, 202d, :iry of Mendota Heights ling City Code No 13 c Franchise and ORDINANCE NO.583 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS )"CITY"), TO AMEND ORDINANCE NO. 45b, 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 MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION Of GAS TO THE CITY AND ITS INHA3ITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. ORDINANCE N0.384 AN ORDINANCE IMPLEMENTING A GA5 SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SU{CESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY ORDINANCE NO. 585 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS I"CffY"), TO AMEND ORDINANCE N0. 463, 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 1�Page AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION S. INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTANANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES, ORDINANCE N0.586 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MEDOTA HEIGHTS, DAKOTA COUNTY. NOTICE IS FURTHER GIVEN tkot, because of the lengthy nature of each ordinance, the city council determined that publication of the ordinance titles and a summary of the ordinances would clearly inform the public of the intent and effect of the ordinances. NOTICE IS FURTHER GIVEN that Ike Ordinances amend coy code to allow for Ike collection of gas and electric utility franchise fees and creates a utility franchise fee which is a charge that is paid to the city from an electric and gas utility company for the use of ciy-marted, public right-of-way, $e gas and elect c utility franchise fee is then passed along to utiliy customers. NOTICE IS FURTHER GIVEN Ihat o printed copy of the complete ordinances is available for inspection by any person during the Ciy's regular office hours' of Mendota Heights Ciy Hall ocated at 1101 VicWria Curve, Mendota Heights, Minnesota or on thecity'saebsiteatw-mendotaheightsmn.gov PASSED, ADOPTED AND APPROVED FOR PUBLICATION by the City Council of the City of Mendota Heights, Minnesota, this 41k day of hnucry, 2024. CITY COUNCIL Of MENDOTA HEIGHTS Stephanie B. Levine, Mayor At est: Nancy Bauer, City Clerk 21Page