CR 11-085 Ordinance Amending Sections 701.07, 701.17, 702.15 of the Hopkins City CodeSeptember 6, 2011 Council Report 2011-085
City of Hopkins
ORDINANCE AMENDING SECTIONS 701.07, 701.179 702.07 AND 702.15
OF THE HOPKINS CITY CODE
Proposed Action
Staff recommends that the Council approve the following motion: Move to approve Ordinance 2011-1036 for first
reading.
Approval of this motion will begin the process of amending sections 707.07, 701.17, 702.07 and 702.15 of the
Hopkins City Code to increase the franchise fee rates and extend the termination dates on the utility franchise fees.
Overview
The city receives approximately $290,000 in franchise fees per year that support the operations of the General Fund.
Franchise fees were implemented in 2003 when the city was faced with the loss of $1.8 million in local government
aid. Each budget from 2004 forward has relied on this income as a major source of revenue to balance the General
Fund budget. Franchise revenues are used to support vital city services such as police services, fire services, street
maintenance and recreation facility maintenance along with core city operations. The loss of this revenue would
impact these services and the only other option to preserve the current level of services would be to raise taxes.
In addition to renewing the franchise ordinance staff is recommending an increase in the franchise fee rates to provide
funds to support capital improvements, in particular street improvements which are paid for with debt levies.
•Increasing the franchise fee rates will spread capital improvement costs among more entities including tax exempt
properties all of which use the city infrastructure but don't pay debt levy taxes. As a result of discussions from the
council work sessions there are three options for rate increases included for your consideration. The rate increase
selected will be inserted into the ordinance.
When the ordinances that imposed these fees were adopted in 2003 they contained a termination date of December 31,
2005 and the ordinance has been renewed every two years since for two year terms.
Staff is recommending that the ordinance be renewed for a two year term expiring December 31, 2013 and that
one of the rate increase options presented be selected with the increase in rates earmarked for capital
improvements.
Supporting Information
• Options for rate increases
• Ordinance 2011-1036
• Section 701 and 702 of the City Code
'
Christine M. Harkess, CPA, CGFM
Finance Director
Financial Impact: $ 290,000 + depending on increase option selected Budgeted: Y/N X N
•Source: Electric and gas utility customers
Related Documents (CIP, ERP, etc.): 2012 Budget Notes:
ANALYSIS OF REVENUES GENERATED FROM INCREASED RATES
VERSIONS 4, 5, & 6
VERSION 4 - 50%Incr
No of
Estimated
Current Rate
•
Current
Propsd
Customers
Quarterly
2012
Amount to
Increase
Percentage
Dollar
Xcel Enerav
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Incr
Incr Annualized
Residential
1.00
1.50
7,915
35,617.50
142,470.00
94,980.00
47,490.00
50.00%
0.50
6.00
Small C & I Non Demand
2.00
3.00
730
6,570.00
26,280.00
17,520.00
8,760.00
50.00%
1.00
12.00
Small C & I Demand
9.00
13.50
328
13,284.00
53,136.00
35,424.00
17,712.00
50.00%
4.50
54.00
Large C & 1
63.00
94.50
62
17,577.00
70,308.00
46,872.00
23,436.00
50.00%
31.50
378.00
9,035
73,048.50
292,194.00
194,796.00
97,398.00
No of
Estimated
Current Rate
Current
Propsd
Customers
Quarterly
2012
Amount to
Increase
Centerpoint Energy
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Residential/Commercial A
1.00
1.50
4,588
20,646.00
82,584.00
55,056.00
27,528.00
50.00%
0.50
6.00
Commercial B
3.00
4.50
232
3,132.00
12,528.00
8,352.00
4,176.00
50.00%
1.50
18.00
Commercial/Industrial C
9.00
13.50
325
13,162.50
52,650.00
35,100.00
17,550.00
50.00%
4.50
54.00
Small Dual Fuel A
18.00
27.00
31
2,511.00
10,044.00
6,696.00
3,348.00
50.00%
9.00
108.00
Small Dual Fuel B
63.00
94.50
10
2,835.00
11,340.00
7,560.00
3,780.00
50.00%
31.50
378.00
Large Volume Dual Fuel
63.00
94.50
-
50.00%
31.50
378.00
5,186
42,286.50
169,146.00
112,764.00
56,382.00
Totals
461,340.00
307,560.00
153,780.00
use for capital expenditures
No of
Estimated
Current Rate
VERSION 5 - 66.67% Incr
Current
Propsd
Customers
Quarterly
2012
Amount to
increase
Percentage
Dollar
Xcel Energy
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Incr
Incr Annualized
Residential
1.00
1.67
7,915
39,654.15
158,616.60
94,980.00
63,636.60
67.00%
0.67
8.04
Small C & I Non Demand
2.00
3.34
730
7,314.60
29,258.40
17,520.00
11,738.40
67.00%
1.34
16.08
Small C & I Demand
9.00
15.00
328
14,760.00
59,040.00
35,424.00
23,616.00
66.67%
6.00
72.00
Large C & 1
63.00
105.00
62
19,530.00
78,120.00
46,872.00
31,248.00
66.67%
42.00
504.00
9,035
81,258.75
325,035.00
194,796.00
130,239.00
•
No of
Estimated
Current Rate
Current
Propsd
Customers
Quarterly
2012
Amount to
Increase
Centerpoint Energy
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Residential/Commercial A
1.00
1.67
4,588
22,985.88
91,943.52
55,056.00
36,887.52
67.00%
0.67
8.04
Commercial B
3.00
5.00
232
3,480.00
13,920.00
8,352.00
5,568.00
66.67%
2.00
24.00
Commercial/Industrial C
9.00
15.00
325
14,625.00
58,500.00
35,100.00
23,400.00
66.67%
6.00
72.00
Small Dual Fuel A
18.00
30.00
31
2,790.00
11,160.00
6,696.00
4,464.00
66.67%
12.00
144.00
Small Dual Fuel B
63.00
105.00
10
3,150.00
12,600.00
7,560.00
5,040.00
66.67%
42.00
504.00
Large Volume Dual Fuel
63.00
105.00
-
66.67%
42.00
504.00
5,186
47,030.88
188,123.52
112,764.00
75,359.52
Totals
513,158.52
307,560.00
r2O5,598.52
use for capital expenditures
VERSION 6 - 75 % Incr
No of
Estimated
Current Rate
Current
Propsd
Customers
Quarterly
2012
Amount to
Increase
Percentage
Dollar
Xcel Energy
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Incr
Incr Annualized
Residential
1.00
1.75
7,915
41,553.75
166,215.00
94,980.00
71,235.00
75.00%
0.75
9.00
Small C & I Non Demand
2.00
3.50
730
7,665.00
30,660.00
17,520.00
13,140.00
75.00%
1.50
18.00
Small C & I Demand
9.00
15.75
328
15,498.00
61,992.00
35,424.00
26,568.00
75.00%
6.75
81.00
Large C & 1
63.00
110.25
62
20,506.50
82,026.00
46,872.00
35,154.00
75.00%
47.25
567.00
9,035
85,223.25
340,893.00
194,796.00
146,097.00
No of
Estimated
Current Rate
Current
Propsd
Customers
Quarterly
2012
Amount to
Increase
Centerpoint Energy
Rate
Rate
June 2011
Revenue
Annual
Gen Fund
to CIP
Residential/CommercialA
1.00
1.75
4,588
24,087.00
96,348.00
55,056.00
41,292.00
75.00%
0.75
9.00
Commercial B
3.00
5.25
232
3,654.00
14,616.00
8,352.00
6,264.00
75.00%
2.25
27.00
Commercial/Industrial C
9.00
15.75
325
15,356.25
61,425.00
35,100.00
26,325.00
75.00%
6.75
81.00
Small Dual Fuel A
18.00
31.50
31
2,929.50
11,718.00
6,696.00
5,022.00
75.00%
13.50
162.00
Small Dual Fuel B
63.00
110.25
10
3,307.50
13,230.00
7,560.00
5,670.00
75.00%
47.25
567.00
Large Volume Dual Fuel
63.00
110.25
-
-
-
-
-
75.00%
47.25
567.00
•
5,186
49,334.25
197,337.00
112,764.00
84,573.00
Totals
538,230.00
307,560.00
r230,670.00
use for capital expenditures
. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2011-1036
AN ORDINANCE AMENDING SECTIONS 701.07, 701.17, 702.07 AND 702.15
OF THE HOPKINS CITY CODE
AMENDING UTILITY FRANCHISE FEE RATES AND
EXTENDING THE TERMINATION DATES FOR
UTILITY FRANCHISE FEES
Whereas the Hopkins City Council adopted utility franchise fees to help make up for the loss of
Local Government Aid; and
Whereas the Hopkins City Council imposed a two year limit on these fees to ensure that there
would be a review of the effect and need for these fees; and
Whereas the Hopkins City Council has determined that utility franchise fees are a fair and
equitable means to raise revenue; and
Whereas the Hopkins City Council has determined that there is a continued need for this
• revenue;
Now therefore, the City Council of the City of Hopkins does hereby ordain:
Section 1. Hopkins City Code, Section 701.07 is hereby amended:
701.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company,
Xcel Energy, pursuant to City of Hopkins Franchise Ordinance 87-578 and Minnesota
Statutes 216B.36 and subject to the fee schedule below.
A franchise Fee is to be collected by the Company from each customer in the designated
customer classification for service at each and every customer premise, as indicated by
the following schedule:
Fee Schedule
Customer Classification
Residential
Small C & I— non demand
Small C & I—demand
Large C & I
Monthly Fee Per Customer Premise
This fee is an account -based fee on each premise and not a meter -based fee. In the event
• that a customer of the company covered by this ordinance has more than one meter at a
single premise, but only one account, only one fee shall be assessed to that account. If a
premise has two or more meters for a single customer billed at different rates, the
• Company may have an account for each rate classification, which will result in more than
one franchise fee assessment for electric service to that premise. If the Company
combines the rate classifications into a single account, the franchise fee assessed to the
account will be the largest franchise fee applicable to a single rate classification for
energy delivered to that premise. In the event any customer of the Company covered by
this ordinance has more than one premise, each premise (address) shall be subject to the
applicable fee. In the event a question arises as to the proper fee amount for any premise,
the Company's manner of billing for energy used at all similar premises in the city will
control.
Section 2. Hopkins City Code, Section 701.17 is hereby amended:
701.17. Termination of Ordinance. This ordinance and the franchise fee imposed by it
shall remain in effect until December 31, 2013, at which time they shall terminate and be
of no further effect, except that the Company shall remain obligated after that date to pay
the City all franchise fees due with respect to any period of time prior to December 31,
2013 and collected after that date.
Section 3. Hopkins City Code, Section 702.07 is hereby amended:
702.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company,
CenterPoint Energy Minnegasco, pursuant to City of Hopkins Franchise Ordinance 2002-
879 and Minnesota Statutes 216B.36 and subject to the fee schedule below.
A franchise Fee is to be collected by the Company from each customer in the designated
customer classification for service at each and every customer premise, as indicated by
the following schedule:
Fee Schedule
Customer Classification
Residential
Commercial A
Commercial/Industrial B
Commercial/Industrial C
Small Dual Fuel A
Small Dual Fuel B
Large Volume Dual Fuel
Monthly Fee Per Customer Premise
This fee is an account -based fee on each premise and not a meter -based fee. In the event
that a customer of the company covered by this ordinance has more than one meter at a
single premise, but only one account, only one fee shall be assessed to that account. If a
premise has two or more meters for a single customer billed at different rates, the
Company may have an account for each rate classification, which will result in more than
one franchise fee assessment for gas service to that premise. If the Company combines
• the rate classifications into a single account, the franchise fee assessed to the account will
be the largest franchise fee applicable to a single rate classification for energy delivered
to that premise.
In the event any customer of the Company covered by this ordinance has more than one
premise, each premise (address) shall be subject to the applicable fee. In the event a
question arises as to the proper fee amount for any premise, the Company's manner of
billing for energy used at all similar premises in the city will control.
Section 4. Hopkins City Code, Section 702.15 is hereby amended:
702.15. Termination of Ordinance. This ordinance and the franchise fee imposed by it
shall remain in effect until December 31, 2013, at which time they shall terminate and be
of no further effect, except that the Company shall remain obligated after that date to pay
the City all franchise fees due with respect to any period of time prior to December 31,
2013, and collected after that date.
Section 5. The effective date of this ordinance shall be the date of publication.
First Reading: September 6, 2011
Second Reading: September 27, 2011
Date of Publication: October 13, 2011
• Date Ordinance Takes Effect: October 13, 2011
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
0 City Attorney Signature
Gene Maxwell, Mayor
Date
Hopkins City Code (Rev Dec., 2009) 701
Section 701 - Electric Utility Franchise Fee
i
701.01. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
Subd. 1. City. The City of Hopkins, County of Hennepin, State of Minnesota.
Subd. 2. Company. Xcel Energy, a Minnesota Corporation (formerly Northern States Power), its
successors and assigns.
701.03. Purpose. The Hopkins City Council has determined that franchise fees should be imposed on gas
and electric utilities in return for their use of City -owned rights-of-way. The purpose of this ordinance is
to establish such franchise fees to be paid to the City by the Company.
701.05. City Authority. Minnesota Statutes 21613.36 grants cities the authority to impose a franchise fee
on gas and electric utility services. Such fees are in return for basic right to operate within municipally -
owned rights-of-way and other public property as provided in utility franchise agreements/ordinances
between a city and the respective utilities operating within the municipal boundaries. In addition, City of
Hopkins Franchise Ordinance 87-5 78 authorizes the City to impose, by separate ordinance, a franchise
fee on the Company.
701.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company, Xcel Energy,
pursuant to City of Hopkins Franchise Ordinance 87-578 and Minnesota Statutes 21613.36 and subject to
the fee schedule below.
A franchise Fee is to be collected by the Company from each customer in the designated customer
classification for service at each and every customer premise, as indicated by the following schedule:
. Fee Schedule
Customer Classification Monthly Fee Per Customer Premise
Residential $tbd Deleted: 1.00
Small C & I— non demand $$bd Deleted: 2.00
Small C & 1 --demand $tbd Deleted: 200
Large C & I Vbd
- Deleted: 63.00
This fee is an account -based fee on each premise and not a meter -based fee. In the event that a customer
of the company covered by this ordinance has more than one meter at a single premise, but only one
account, only one fee shall be assessed to that account. If a premise has two or more meters for a single
customer billed at different rates, the Company may have an account for each rate classification, which
will result in more than one franchise fee assessment for electric service to that premise. If the Company
combines the rate classifications into a single account, the franchise fee assessed to the account will be the
largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the
event any customer of the Company covered by this ordinance has more than one premise, each premise
(address) shall be subject to the applicable fee. In the event a question arises as to the proper fee amount
for any premise, the Company's manner of billing for energy used at all similar premises in the city will
control.
701.09. Date Franchise Fee Takes Effect. The above utility franchise fees shall go into effect in and be
applicable to all of the Company's billings commencing with bills for the month of February 2004.
Section 701 Page 1
0
Hopkins City Code (Rev Dec., 2009) 701
• 701.11. Limitation. Franchise Ordinance 87-578 limits the total amount of franchise fee which may be
collected to 5% of the Company's gross revenues within the City limits. So long as this limitation remains
in effect, in no event shall the total of the fees collected pursuant to Section 701.07 be greater than 5% of
the Company's gross revenues within the City of Hopkins as defined in the Franchise Ordinance.
701.13. Payment of Fee. Franchise fees shall be paid to the City quarterly, based on a calendar year, with
payment due by the 30th day after the end of each quarter. The first such payment will be for the first
quarter of 2004 and will be due April 30, 2004.
701.15. Dispute. Any disputes or other issues which arise will be subject to the terms of this Ordinance,
Franchise Ordinance 87-578, Minnesota Statutes 26113.36 as well as any other agreements entered into by
the City and the Company.
701.17. Termination of Ordinance. This ordinance and the franchise fee imposed by it shall remain in
effect until December 31,,2013, at which time they shall terminate and be of no further effect, except that
the Company shall remain obligated after that date to pay the City all franchise fees due with respect to
any period of time prior to December 31„ 2013, and collected after that date. (Amended Ord. 2011-1036)
(This Section added through Ord. No. 2003-910)
•
Section 701
0
Page 2
Deleted: 2011
Deleted: 2011
Deleted: 2009-1009
•
•
Hopkins City Code (Rev Dec., 2009) 702
Section 702 - Gas Utility Franchise Fee
702.01. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
Subd. 1. City. The City of Hopkins, County of Hennepin, State of Minnesota.
Subd. 2. Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources
Corporation, a Delaware corporation, its successors and assigns.
702.03. Purpose. The Hopkins City Council has determined that franchise fees should be imposed on gas
and electric utilities in return for their use of City -owned rights-of-way. The purpose of this ordinance is
to establish such franchise fees to be paid to the City by the Company.
702.05. City Authority. Minnesota Statutes 21613.36 grants cities the authority to impose a franchise fee
on gas and electric utility services. Such fees are in return for basic right to operate within municipally -
owned rights-of-way and other public property as provided in utility franchise agreements/ordinances
between a city and the respective utilities operating within the municipal boundaries. In addition, City of
Hopkins Franchise Ordinance 2002-879 authorizes the City to impose, by separate ordinance, a franchise
fee on the Company.
702.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company, CenterPoint Energy
Minnegasco, pursuant to City of Hopkins Franchise Ordinance 2002-879 and Minnesota Statutes 21613.36
and subject to the fee schedule below.
A franchise Fee is to be collected by the Company from each customer in the designated customer
classification for service at each and every customer premise, as indicated by the following schedule:
Fee Schedule
Customer Classification
Residential
Commercial A
Commercial/Industrial B
Commercial/Industrial C
Small Dual Fuel A
Small Dual Fuel B
Large Volume Dual Fuel
Monthly Fee Per Customer Premise
*bd
$tbd
Vbd
Vbd
$tbd
$tbd
$$bd
This fee is an account -based fee on each premise and not a meter -based fee. In the event that a customer
of the company covered by this ordinance has more than one meter at a single premise, but only one
account, only one fee shall be assessed to that account. If a premise has two or more meters for a single
customer billed at different rates, the Company may have an account for each rate classification, which
will result in more than one franchise fee assessment for gas service to that premise. If the Company
combines the rate classifications into a single account, the franchise fee assessed to the account will be the
largest franchise fee applicable to a single rate classification for energy delivered to that premise.
In the event any customer of the Company covered by this ordinance has more than one premise, each
premise (address) shall be subject to the applicable fee. In the event a question arises as to the proper fee
amount for any premise, the Company's manner of billing for energy used at all similar premises in the
city will control.
Section 702 Page 1
Deleted: 1.00
Deleted: 1.00
Deleted: 3.00
Deleted: 9.00
Deleted: 18.00
Deleted: 63.00
Deleted: 63.00
•
•
0
Hopkins City Code
(Rev Dec., 2009) 702
702.09. Date Franchise Fee Takes Effect. The above utility franchise fees shall go into effect in and be
applicable to all of the Company's billings commencing with bills for the month of February 2004.
702.11. Payment of Fee. Franchise fees shall be paid to the City quarterly, based on a calendar year, with
payment due by the 30th day after the end of each quarter. The first such payment will be for the first
quarter of 2004 and will be due April 30, 2004.
702.13. Dispute. Any disputes or other issues which arise will be subject to the terms of this Ordinance,
Franchise Ordinance 2002-879, Minnesota Statutes 26113.36 as well as any other agreements entered into
by the City and the Company.
702.15. Termination of Ordinance. This ordinance and the franchise fee imposed by it shall remain in
effect until December 31,013, at which time they shall terminate and be of no further effect, except that
the Company shall remain obligated after that date to pay the City all franchise fees due with respect to
any period of time prior to December 31,2013, and collected after that date. (Amended Ord.,2011-1036)
(This Section added through Ord. No. 2003-911)
Section 702
Page 2
Deleted: 2011
Deleted: 2011
Deleted: 2009-1009