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10.04 Gas Franchise Ordinances
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02-05-2019 City Council Meeting
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10.04 Gas Franchise Ordinances
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ORDINANCE NO. <br /> AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN <br /> STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND <br /> ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF PEQUOT LAKES. <br /> THE CITY COUNCIL OF THE CITY OF PEQUOT LASES DOES ORDAIN THAT: <br /> SEG"TION 1. The City of Pequot Lakes Municipal Code is hereby amended to include reference to the <br /> following Special Ordinance. <br /> Subd. 1. P ose. The Pequot Lakes City Council has determined that it is in the best interest of <br /> the City of Pequot Lakes (the"City'� to impose a franchise fee on those public utility companies that <br /> provide natural gas services within the City. <br /> (a) I'ursuant to City Ordinance 2019 - , a�ra.nchise Agreement (the"Fxanchise <br /> Agreement") between the City and Northe�-States Power�ompany,a Minnesota corporation, <br /> its successors and assigns, (the"Company"), the City has tYie right to impose a�ranchise fee on <br /> the Company,in an amount and fee design as set forth in Section 9 of the above-referenced <br /> Franchise Agreement and in the fee schedule attached heYeto as Schedule A. <br /> Subd. 2. Franchise Fee Statement A fYancl3ise fee is herebp unposed on the Company under its <br /> gas franchise in accorda.nce with the schedule atta.ched hereto and made a part of this Ordinance as <br /> Schedule A,commencing with the Company's ,20 billing month. <br /> This fee is an account=l�ased fee on each premise and not a meter-based fee. In the event that an <br /> entity covered by this Ordinance has rnore than one meter at a single premise, but onlp one account, only <br /> one fee shall be assess�t�ta tha,t account. If a pxemise has two oY more meters being billed at different rates, <br /> the Company may have an account far each rate cla,ssifi�ation,which will result in more tha.n one franchise <br /> fee assessment for gas service to that premise. If the Company combines the rate classifications into a <br /> single account, the franchise fee assessecl to the account will be the largest fYanchise fee applicable to a <br /> single rate classification fo� energy deli.vered to tha,t premise. In the event any entities coveYed by this <br /> Ordinance have moxe than one prem7se, each premise (addYess) shall be subject to the appropria.te fee. In <br /> the event a question arises as to the proper fee amount for any premise, the Company's manner of billing <br /> for energy used at all similar premises in t�ie City will conttoL <br /> Subd. 3. Pavmen� The said fYanchise fee shall be payable to the City in accorda.nce with the terms <br /> set forth in Section 9 of the Franchise Agxeement The Company shall make each pay�nent when due. <br /> Subd 4. Surchar�e. The City recognizes that the Minnesota Public Utilities Commission may <br /> allow the Company to add a surcharge to customer rates of City residents to reimburse the Company fox the <br /> cost of the fee. <br /> Subd. 5. Enforcemen� Any dispute,including enfoxcement of a default rega.�ding this Ordinance <br /> will be resolved in accoxdance with Section 2.5 of the Franchise Agteement <br /> Subd. 6. Effective Date of Francluse Fee. The effective date of this Ordinance shall be after its <br /> publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted <br /> Ordinance to the Company by certified mail. Collection of the fee shall commence as provided above. <br /> 1 <br />
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