Ordinance 585 Electric FranchiseCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO, 585
FRANCHISE AGREEMENT AMENDMENT
THIS IS AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS ("CITY"), TO AMEND
ORDINANCE NO, 463, GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, DB/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF
MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, 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.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY,
MINNESOTA ORDAINS:
WHEREAS, by Ordinance No. 463 the City granted to Northern States Power Company
("Company") a franchise to operate and maintain an electric distribution system in the City (the
"Franchise Ordinance"),
WHEREAS, in accordance with Section 9 of the Franchise Ordinance, the City has given
notice to Company that City requires Company to collect franchise fees in accordance with
applicable law.
WHEREAS, Company has agreed to the amendment of the Franchise Ordinance to
implement the franchise fees by separate ordinance.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MENDOTA
HEIGHTS, MINNESOTA.
1, Section 9 of the Franchise Ordinance is hereby deleted in its entirety and replaced
with the following:
SECTION 9, FRANCHISE FEE,
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu
of any permit or other fees being imposed on the Company, the City may impose on the
Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in
a separate ordinance from each customer in the designated Company Customer Class. The
parties have agreed that the franchise fee collected by the Company and paid to the City in
accordance with this Section 9 shall not exceed the following amounts:
Class
Residential
in C & I — Non-Dem
in C & I — Demand
Large C & I
Public Street Ltg
Muni Pumping —N/D
Muni Pumping — Dem
Fee Per Premise Per Month
$ 2.00
$ 20.00
$ 20.00
$ 50.00
$ 15.00
$ 2.00
$ 2.00
9.2 Separate Ordinance. The franchise fee shall be imposed by a
separate ordinance duly adopted by the City Council, which ordinance shall not be
adopted until at least 90 days after written notice enclosing such proposed
ordinance has been served upon Company by certified mail. The fee shall not
become effective until the beginning of a Company billing month at least 90 days
after written notice enclosing such adopted ordinance has been served upon
Company by certified mail. Section 2.5 shall constitute the sole remedy for solving
disputes between Company and the City in regard to the interpretation of, or
enforcement of, the separate ordinance. No action by the City to implement a
separate ordinance will commence until this Ordinance is effective. A separate
ordinance which imposes a lesser franchise fee on the residential class of customers
than the maximum amount set forth in Section 9.1 above shall not be effective
against Company unless the fee imposed on each other customer classification is
reduced proportionately in the same or greater amount per class as the reduction
represented by the lesser fee on the residential class.
9.3 Terms Defined.
9.3.1
"Customer Class" shall refer
to classes listed
in the Fee Schedule and as
defined
or determined in Company's
gas rate book on
file with the Commission.
9.3.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate
ordinance were implemented immediately after the effective date of this franchise
agreement. The Fee Schedule in the separate ordinance may include new Customer
Classes added by the Company to its gas tariffs after the effective date of this
franchise agreement.
9.4 Equivalent Fee Requirement. The separate ordinance imposing the
fee shall not be effective against Company unless it lawfully imposes and the City
monthly or more often collects a fee or tax of the same or greater equivalent amount
on the receipts from sales of energy within the City by any other energy supplier,
provided that, as to such a supplier, the City has the authority to require a franchise
fee or to impose a tax. The "same or greater equivalent amount" shall be measured,
if practicable, by comparing amounts collected as a franchise fee from each similar
customer, or by comparing, as to similar customers the percentage of the annual
bill represented by the amount collected for franchise fee purposes. If the Company
specifically consents in writing to a franchise or separate ordinance collecting or
failing to collect a fee from another energy supplier in contravention of this Section
9.4, the foregoing conditions will be waived to the extent of such written consent.
9.5 Collection of the Fee. The franchise fee shall be payable quarterly
and shall be based on the amount collected by Company during complete billing
months during the period for which payment is to be made by imposing a surcharge
equal to the designated franchise fee for the applicable customer classification in all
customer billings for electric service in each class. The payment shall be due the last
business day of the month following the period for which the payment is made. The
franchise fee may be changed by ordinance from time to time; however, each change
shall meet the same notice requirements and not occur more often than annually and
no change shall require a collection from any customer for electric service in excess
of the amounts specifically permitted by this Section 9. The time and manner of
collecting the franchise fee is subject to the approval of the Commission. No franchise
fee shall be payable by Company if Company is legally unable to first collect an
amount equal to the franchise fee from its customers in each applicable class of
customers by imposing a surcharge in Company's applicable rates for electric service.
Company may pay the City the fee based upon the surcharge billed subject to
subsequent reductions to account for uncollectibles, refunds and correction of
erroneous billings. Company agrees to make its records available for inspection by
the City at reasonable times provided that the City and its designated representative
agree in writing not to disclose any information which would indicate the amount paid
by any identifiable customer or customers or any other information regarding
identified customers.
2. Except as otherwise amended by this Ordinance, the Franchise Ordinance, as
modified herein, remains in full force and effect and is hereby ratified and confirmed by the City
and Company.
[signatures on the next page]
Passed and approved: January 9, 2024,
CITY COUNCIL
CITY OF MEENNDOTA HEIGHTS
SteplfernieB. Levine,�l`Iayor
ATTEST:
C�Aj to'r
N ncy Bai er, City Clerk
Date Published:
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF RAMSEY
Kayla Tsuchiya 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 frorn the
columns of said newspaper and was printed and
published therein on the following date(s):
Friday, January 12, 2024
Newspaper Ref./AD Number#: 71512921
Client/Advertiser: City of Mendota Hei¢hts
Kayla iucc(u C
Kayla Tsuchiya (Jzn t2,]024 0:34 CST
AFFIANT SIGNATURE
Subscribed and sworn to before me this
12t11 daY of January, 2024
True Lee
Tru, Lee'Jdn ,202q 10:36 CSt�
NOTARY PUBLIC
Ramsey County, MN
My commission expires January 31, 2025
MY COMMISMON "PINES
Continues to nextyage....
CIT1" OP MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SUMMARY PUBUCATION
For Ordinances 583,594,585, and 586
Amending the Lily of Mendota Heights Cade Title
13, Chapters 2 and 3
NOTICE l5 HEREBY GIVEN that on January 9, 2024,
the Gly Council of the City of Mendota Heights
adoote{ ordirasnces amending City Ccde Tlt°te 13
Franchises; Chapter 2 Electric Frar4ise and
Chapter 3 Gos Fronehise,
ORDINANCE NO.583
AN ORDINANCE OF THE CITY OF MENDOTA
HEIGHTS {"CITY"), TO AMEND ORDINANCE NO,
464, GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION,
DIBIA XC€L 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
NPES, MAINS AND APPURTENANCES FOR THE
TRANSMISSIONOR DISTRIBUTION OF GAS TO
TH€ CITY AND ITS INHABITANTS 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.
AN ORDINANC€ IMPLEAIEMING A GAS SERVICE
FRANCHISE PEE ON NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, fT5
SUCCESSORS AND ASSIGNS, FOR PROVIDING
GAS SERVICE WITHIN THE CITY OF MENDOTA
HEIGHTS, DAKOTA COUNTY
ORDINANCE NCt. 385
AN ORDINANCE OF THE CITY OP MENDOTA
HEIGHTS "CITY"p, TO AMEND ORDINANCE NO.
463, GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION„
Df8/A XCEL ENERGY ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN IN THE CITY OF
__ _ 1�Pag_e
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF RAMSEY
MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION
UN€S, INCLUDING NECESSARY POLES, LINES,
FULTLIRES 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
{tTY FOR SUCH PURPOSES.
ORDINANCE NO.586
AN ORDINANCE IMPLEMENTING AN ELECTRIC
SERVICE FRANCHISE FEE ON NORTHERN STATES
POWER COMPANY, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND ASSIGNS,
TOR PROVIDING ELECTRIC SERVICE WITHIN THE
CTT1 OF MEDOTA HEIGHTS, DAKOTA COUNTY.
NOTICE IS FURTHER GIVEN ihot, 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 dearly
inform the public of Ike intent and effect of the
ordinances.
NOTICE IS FURTHER GIVEN chat the Ordinances
om nd city cafe to allow for the collection of gas
and electric utility franchise fees and creates a utility
fnmchise fee which is a charge that is paid to the
ciMy from an e!echic and gas ud ity company for the
u e of city-med, public right-of•way, uhe gas and
oleo is u0ty franchise fee Is then possed along to
uti lily customers.
NOTICE IS FURTHER GIVEN that a printed copy of
IS a camoete ordinances is avoila6le far inspection
by any person during the CiVs regular office hours
at Mendota Heighis Ci y Hall 6cated at 1101
Victoria Curvv, Mendota PWQhis, Minnesota or an
E e cs`ty s websile of wwur.mendo?aheightsmn_gov
PASSED, ADOPTED AND APPROVED FOR
PUBLICATION 6y the City Council of Ike City of
Mendota Heights, iMinnesahn, this 9[k tray of
Panucry, 2024.
CITY COUNCIL OF MENDOTA HEIGHTS
Sieohanie B. LeAne, Pkyor
Attest;
/s{Nancy Bauer, City Clerfr
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