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Home My WebLink AboutOrd. #80, Second Series - Gas Framchise Fee Ord. - CenterPoint Energy7 ORDINANCE NO. 80, SECOND SERIES AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE OM POINT ENERGY MINNESOTA GAS C'CENTERPM1 PROVIDING GAS ENERGY SERVICE WITHIN CENTERVILL MINNESOTA (a) Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City. The City of Centerville, County of Anoka, State of Minnesota. (2) Company. CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns. (3) Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance No. 79, SECOND SERIES. (4) Notice. "Notice" means a writing served by any party or parties on any other parry or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 1880 Main Street, Centerville, Minnesota 55038. (b) Purpose. The Centerville 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 and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. (c) Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the May 2016 billing month, and in accordance with the following fee schedule: Customer Classification Small Volume, Dual Fuel A (66SVDF A") Small Volume, Dual Fuel B ("SVDF B") Large Volume, Dual Fuel ("LVDF") M $4.00 per month $8.00 per month $8.00 per month $8.00 per month $8.00 per month $8.00 per month $8.00 per month (d) Account Fee. This fee is an account based fee and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. (e) Payment. Franchise fees are to be collected by the Company, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/0-09-970, and submitted to the City as follows: January — March collections due by April 30. April — June collections due by July 31. July— September collections due by October 31. October — December collections due by January 31. (f) Record Support for Payment. The Company 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 Company shall permit the City, and its representatives, access to the Company's records for the purpose of verifying such statements. (g) Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non -collectible accounts (h) Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of city residents to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G9991CI-09-970. (i) Dispute Resolution. If either party asserts that the other parry is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. 0) Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days or more after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail or personal service. Collection of the fee shall commence as provided above. (k) Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. 0) Periodic Review. The City Council shall review this ordinance annually in whatever manner the City then determines to be appropriate, including, but not limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 27TH DAY OF JANUARY, 2016. Mayor of the City of Centerville, Minnesota Attest: City t lerl „ (,"entexvii1e, 1 nes1(,) 1 Published in the Quad Press the 10 day of 2016 CO In CO •• f Ln Postage $ N Certified Fee O O Return Receipt Fee p (Endorsement Required) O Restricted Delivery Fee M (Endorsement Required) ti o Total Postage & Fees m Czr Pocc'stThark Cmere N 19�,4 f,— ._ LfCf KIM ruff it Cf ICf y o SSreei, 4Pt No;�TT1nescyt3-D1Vistori- i1L'�' aside lt• � or PO Box No C(� w, ---• 1!'v w-�l-----•------------------------------- Crry, State, ZlP+ arw, t7 G Pi V i Certified Mail Provides: a 3 �' 3 ■ A mailing receipt • A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Maile or Priority Mailre. ■ Certified Mail is notavailable for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ ii u r^c+mark on the Certified Mail receipt is desired, please present the arti- cle at the pubs c'rir:e for postmarking. if a postmark on the Certified Mail receipt is not needed, oet. ,� ^^rl affix label with postage and mail. IMPORTANT, Save this receipt and present it wnw. r; nkina an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 . tttr ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CA;oipt-Enef Minnesota Division Vice Preside 505 Nicollet Mall Minneapolis, MN 55402 A.X Signature !� ❑ Agent O Addressee B. Received by (Printed Name) C. Date of Delivery CafG�e�ruQ Ke-wKb D. Is delivery address different f%m item 1? ❑ Yes If YES, enter delivery address below: ❑ No RECEI VED FEB n 1 9nia 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 3020 0000 7547 7858 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATE OviA:'..&& 1dO.'s 1414.95114 01. FE8 41 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • On, of Centerville Cteah'tV111c 1880 Maifi Street Cefrterrille, MN 55038 liil{illil{iillliiiiiillilliilli�i�liiiYifif➢tiilii#S��