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HomeMy WebLinkAboutCity Council Ordinance 2014-02CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2014-02 AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF PLYMOUTH, MINNESOTA. THE CITY COUNCIL OF THE CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Plymouth, County of Hennepin, State of Minnesota. 1.2 Company. CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns. 1.3 Franchise Ordinance. The franchise ordinance adopted by the City - City Ordinance No. 2014-02, adopted January 14, 2014. 1.4 Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to City shall be mailed to the City Manager, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447. SECTION 2. GAS FRANCHISE FEE. 2.1 Purpose. The Plymouth 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 Ordinance the City has the right to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the May 1, 2014 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $2.00 per month Firm A $3.00 per month Firm B $10.00 per month Firm C $40.00 per month Small Volume, Dual Fuel A ("SVDF A") $40.00 per month Small Volume, Dual Fuel B ("SVDF B") $40.00 per month Large Volume, Dual Fuel ("LVDF") $40.00 per month 2.3 Account Fee. The fee shall be in addition to any permit or other fees being imposed on the Company under Section 800 of the City Code. 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. 2.4 Pa ent. Franchise fees are to be collected by the Company 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. 2.5 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. 2.6 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non -collectible accounts. 2.7 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee. 2.8 Relation to Franchise Ordinance. This ordinance is enacted in compliance with the Franchise Ordinance and shall be interpreted as such. SECTION 3: EFFECTIVE DATE. This ordinance shall take effect ninety (90) days after its passage and publication. ADOPTED by the City Council of the City of Plymouth, Minnesota this 14th day of January, 2014. CITY OF PLYMOUTH Kelli Slavik, Mayor ATJ&U&I'A'6 EST: AW andra R. Engdahl, (0ty Clerk