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Ordinance 586 Electric Service Franchise FeeCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE 1140.586 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. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN: SECTION 1. The City of Mendota Heights Municipal Code is hereby amended to include reference to the following Special Ordinance, Subd. 1. Purpose. 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 electric services within the City of Mendota Heights. (a) Pursuant to City Ordinance 585, 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 Corporafron, its successors and assigns, under its electric 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 electric 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. 1 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 above. Passed and approved: January 9, 2024. ATTEST: any Baue City Clerk SEAL CITY COUNCIL CITY OF MENDOTA HEIGHTS Stepha rn a B. Levine, Mayor 2 SCHEDULE A Franchise Fee Rates: Electric 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 Small C & I — Non -Demand Small C & I — Demand Large C & I Public Street Lighting Municipal Pumping — Non -Demand Municipal Pumping — Demand Amount per month $2.00 $20.00 $20.00 $50.00 $15.00 $2.00 $2.00 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 Kayla Tsuvh as 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 Ref./AD Number#: 71512921 Client/Advertiser: City of Mendota Heights Kayla T.wchlya (Jan 12, 2024 o34 CT7 AFFIANT SIGNATURE Subscribed and sworn to before me this 12th day of January, 2024 True Lee True Lee lJan 12, 2024 t036 CST7 NOTARY PUBLIC Ramsey County, MN My commission expires January 31, 2025 eke en"unav31,20U CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION For Ordinances 583,584,585, and 586 Amending, the City of Mendota Heights Code Tide 13, Chapters 2 and 3 NOTICE IS HEREBY GIVEN that on Jant�ery 9, 2024, the City Cmrieil of the City of Mendota Heighh adopted ordimnces amending City Code Titfe I'L Franchises, Chapter 2 Eledric Frar4ise one Chapter 3 Gas FranChise; ORDINANCE N0. SB3 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS rCITY% TO AMEND ORDINANCE NO. 454, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DfBjA %CEL 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 N€CE55ARY GAS fNPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION 09 DISTRIBUTION OF GAS TO THE CITY AND ITS INHARITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBUC GROUNDS AND PUBUC WAYS OF THE CITY FOR SUCH PURPOSES. ORDINANCE NO. 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 ORDINANCE N04 585 AN ORDINANCE OF THE {YFY OE MENDOTA HEIGHTS f"£ITY"l, TO AMEND ORDINANCE N0. 463, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, A ACEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF Continues to nextpage.... 1�Page AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANWIS51ON IINE$, INCLUDING NECESSARY POLES, LINES, FaLTURES AND APPURFANANCES, FOR THE', FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS AND OTHERS, AND TO USE THE !, PU$UC GROUNDS AND PUBLIC WAYS OF THEI CTTY FOR SUCH PURPOSES, ORDINANCE NO, 586 AN ORDINANCE IMPLEMENTING AN ELECTRIC' SERVICE FRANCHISE FEE ON NORTHERN STATES POWER CQMPANY, A hUNNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CIfY OF MEDOTA HEIGHTS, DAKOTA COUNTY. NOTICE 15 FURTHER GIVEN that, because of the lengthy nature of each ordinance, the airy comnal determined fl,o€ pu6lica=ion or the ordinance tides rind a summary of the ordinances would clearly inaarm the public of the intent and effect of Ire ordinances, NOi10E IS FURTHER GIVEN fkat the Ordinances amid city trade to allow for Ike collection of gas and elecirie otilgy franchise fees and creates a utility f anchise fee which is a charge that is paid to the ci&y from or) etectrit and gas utility company for the usa of city -owned, pblic right-of-way. The gas and eieciric utility hrm bise fee is then Passed alanq to utility customers. NOTICE LS FURTHER GIVEN ifiat as printed copy of the complete ordinances is available for inspKhan 6i any person during the CiVi regular office "hours oI Mendolo Heighie City Hall la;aled at 1101 VictPrip Cum, /elen[%to Hoghis, Minnesota or an the city's we6site at www.mendottoheightsmn.gov PASSED, ADOPTED AND APPROVED FOR PUBLICATION 6y the Gly Council of the City of Nieadoto Heights, Minnesota, ibis A 'day of lonucry, 2024. CITY COUNCIL OF MENE D07A HEIGHTS Stephanie B. Levine, Mayor A9tesh Nancy Bauer, Ciiy CleeTk 21Page