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10.02 Gas Franchise Ordinances
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03-05-2019 City Council Meeting
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10.02 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 LAgES. <br /> THE CITY COUNCIL OF THE CITY OF PEQUOT LAKES DOES ORDAIN THAT: <br /> SECTION 1. The City of Pequot Lakes Municipal Code is hereby amended to include reference to the <br /> following Special Oxdinance. <br /> Subd. 1. P ose. The Pequot Lakes City Council has determined tha.t it is in the best interest of <br /> the City of Pequot Lakes (the"City") to impose a fxanchise fee on those public utility companies tha,t <br /> provide natutal gas services within the City. <br /> (a) Pursuant to City Ordinance 2019 - , a Franchise Agreement(the"Fxanchise <br /> Agreement'� between the City and Northe�r.t-�ta�es Power�ompanp,a Minnesota corporation, <br /> its successors and assigns, (the"Company'�, the City has t.�.e right to impose a franchise 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 hereto as Schedule A. <br /> Subd. 2. Franchise Fee Statement A franchise fee is hereby imposed on the Company under its <br /> gas franchise in accordance with the schedule attached hereto and made a part of this Ordinance as <br /> Schedule A,comxnencing with the Company's .20 billing month. <br /> This fee is an account-based fee on each premise and not a meter-based fee. In the event that an <br /> entity covered by this Ordinance has moYe than one meter at a single premise, but only one account, only <br /> one fee shall be assessed to that account. If a premise has two or more meters being billed at diffexent rates, <br /> the Company ma,y have an account far each rate classification,which will result in more than one franchise <br /> fee assessment for gas service to th�t premise. If the Company combines the rate classifications into a <br /> single account, the franchise fee assessed to the account will be the laxgest franchise fee applicable to a <br /> single rate classification for energy deli.vered to that pYemise. In the event any entities covered bp this <br /> Ordinance have more than one premise, each premise (addtess) 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 Companp's manner of billing <br /> for energy nsed at all simila.r premises in tlie City will control. <br /> Subd.3. Payment The said franchise fee shall be payable to the City in accoYda,nce with the terms <br /> set forth in Section 9 of the Fxanchise AgYeement The Company shall make each payment when due. <br /> Subd. 4. Surchar�e. The City recognizes that the Minnesota Public Utilities Commission may <br /> allow the Company to add a suxcha,tge to customer xates of City residents to reimbutse the Company fox the <br /> cost of the fee. <br /> Subd. 5. Enforcement. Anp dispute,including enforcement of a default regarding this Ordinance <br /> will be resolved in accordance with Section 2.5 of the Franchise Agreement <br /> Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its <br /> publication and ninety (90) da.ps aftex 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 pYovided above. <br /> 1 <br />
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