Ordinance - #92-13 - 11/24/1992 - Laserfiche WebLink

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Ten~s D similar a Op¢~atog sal~ ~f ¢1 efined. The term "gross revenues" means all sums, excluding any surcharge or fldition to the Operator's charges to customers for the purpose of reimbursing the :for the cost resulting from the franchise fee, received by the Operator from the mtricity to its retail customers within the corporate limits of the City. (3) Coll~cti~ a of the Fee. The franchise fee shall be payable not less often than monthly, and shall be I~ ased on the gross revenues of the Operator during complete billing months during thep~rio4t' for which payment is to be made. The percent fee may be changed from time to tim~;[ho~vever, each change shall meet the same notice requirements and the percentage may ~ot be changed more often than annually. Such fee shall not exceed any amount whic[ th, Operator may legally charge to its customers prior to payment to the City by impOSing a surcharge equivalent to such fee in its rates for electric service. The Operator may. l~ay ihe City the fee based upon the surcharge billed subject to subsequent reductions to aCqour t for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to the mutual agreement of the City and the Utilities Board of Direr. ors~ or Commission, which the Operator agrees to use best efforts to obtain. The Opet4tor agrees to make its gross revenues records available for inspection by the City at reason, ab times. (4) Condgions on the Fee. The fee shall not be effective against the Operator unless it lawfully imp°~s And the City quarterly or more often collects a fee or tax of the same or greater perCet~tage On the receipts from sales of energy within the City by any other energy supPl!er, provided that, as to such a supplier, the City has the authority to require a fran¢~se ~fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for a~y eoergy use related to heating, cooling, or lighting, as well as to the supply of energ~ ne~led to run machinery and appliances on premises located within or adjacent to the Ci[y, ~ut shall not apply to energy sales for the purpose of providing fuel for vehicles. If any portion!Of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder sha~l n~t be affected. SECTION 1!. fiMENDMENT This ordinanc_~ m~y be amended at any time by the City passing a subsequent ordinance declaring the provisiorls[of ~e amendment, which mandatory ordinance shall become effective upon notice provisions of Section 1, Subdivision 4, above. SECTION 1~. pREVIOUS FRANCHISES SUPERSEDED This franchiSelsup~sedes any previous electric franchise or agreements, verbal or written, granted to the Operatot~ or !ts predecessor. SECTION 13~. Ol{OINANCE, SUMMARY FOR PUBLICATION The following 0ffi¢ial summary of Ordinance ~92-13 has been approved by the City Council of the City of Rams¢3 as ~learly informing the public of the intent and effect of the Ordinance: It is the intent lind effect of Ordinance ~/:92-13 to grant to Anoka Electric Cooperative, a Minnesota cooperative, a~ P~noka Municipal Electric, a municipal electric distributor, their successors and assigns, penm~ od to construct, operate, repair and maintain in the City of Ramsey, Minnesota an electric distrib ~o~ system and transm~ssmn hnes, including necessary poles, hnes, fixtures and appurtenanceS, )r[he furnishing of electric energy to the City, its inhabitants and others and to use public ways ~ni p~blic grounds of the City for such purposes.