Black Hills Energy Corporation Franchise Amendment (Tabled from 1/5/15) Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Black Hills Energy Corporation Franchise Amendment (Tabled from
January 5, 2015)
SUMMARY: Public Hearing on an Ordinance Amending City of Dubuque Code of
Ordinances 11-4-23 Authorizing the City Council To Impose a Franchise
Fee On The Sale of Natural and Mixed Gas by Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy and City Manager recommending
approval.
ORDINANCE Amending City of Dubuque Code of Ordinances Sec. 11-4-
23: Franchise Fee, Authorizing the City Council to Impose a Franchise Fee
Not to Exceed Three Percent (3%) on the Gross Revenue Generated
From the Distribution and Sale of Natural Gas or Mixed Gas By Black
Hills/Iowa Gas Utility Company, LLC D/B/A Black Hills Energy Within the
City of Dubuque, by Increasing Such Authority to Five Percent (5%)
SUGGESTED DISPOSITION: Suggested Disposition: Remove from Table; Reconvene Public Hearing;
Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Ordinance Amendment Ordinance
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: January 14, 2015
RE: Public Hearing on an Ordinance Amending City of Dubuque Code of
Ordinances 11-4-23 Authorizing the City Council To Impose a Franchise
Fee On The Sale of Natural and Mixed Gas by Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy
In 1993, the City Council adopted an Ordinance granting to Peoples Natural Gas
Company, its successors and assigns, a non-exclusive authority for a period of 25 years
to maintain and operate its gas distribution system within the city of Dubuque. Black
Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy is a successor to Peoples
Natural Gas Company.
The franchise agreement in City of Dubuque Code of Ordinances Section 11-4-23
provides that the City Council may impose a franchise fee not to exceed 3% of the
gross revenue of the company generated from the sale of natural and mixed gas within
the city by Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy.
This Ordinance amends the franchise agreement and authorizes the City Council to
impose a franchise fee not to exceed 5% on the gross revenue generated from the
distribution from the sale of natural and mixed gas within the city. The franchise fee will
also apply to the gross revenue derived by the company from the transmission,
transportation or distribution of natural or mixed gas sold to customers by suppliers
other than the company through the company's distribution system within the city.
Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy and the City
recently requested some language changes to the original draft of the Ordinance. A
final redlined version of the Ordinance is attached which includes all of the proposed
changes to City of Dubuque Code of Ordinances § 11-4-23.
1 recommend that the Ordinance amending City of Dubuque Code of Ordinances
§ 11-4-23 be adopted.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
F:\USERS\tsteckle\Lindahl\Franchise Fee Notebook\Black Hills\MayorCouncil_AdoptOrdinanceAmending11-4-23_BlackHills_011415.doc
2
Preparer: Barry A. Lindahl, Esq. Address: Suite 330. 300 Main Street. Dubuaue. IA 52001 Telephone: (563) 583-4113
Return to: Kevin S. Firnstahl Address: 50 West 13th St. Dubuque IA. 52001 Telephone: 563-589-4100
ORDINANCE NO. 02-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-4-23: FRANCHISE
FEE, AUTHORIZING THE CITY COUNCIL TO IMPOSE A FRANCHISE FEE NOT TO
EXCEED THREE PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM
THE DISTRIBUTION AND SALE OF NATURAL GAS OR MIXED GAS BY BLACK
HILLS/IOWA GAS UTILITY COMPANY, LLC D/B/A BLACK HILLS ENERGY WITHIN
THE CITY OF DUBUQUE, BY INCREASING SUCH AUTHORITY TO FIVE PERCENT
(5%)
Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of
Ordinances Title 11, Chapter 4), adopted by the City Council on the 191h day of July,
1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter
referred to collectively as the Company), nonexclusive authority for a period of twenty-five
(25) years to maintain and operate its gas distribution system within the limits of the city
of Dubuque; and
Whereas, Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy is a
successor to Peoples Natural Gas Company; and
Whereas, Ordinance No. 43-93, now Code of Ordinances §11-4-23, provides that
the City Council may impose a franchise fee not to exceed three percent (3%) of the
gross revenue of the Company generated from the sale of natural and mixed gas within
the city of Dubuque; and
Whereas, the City Council has determined that it is in the best interests of the
City of Dubuque to increase the authority for such franchise fee to five percent (5%).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances § 11-4-23 is hereby amended to
read as follows:
11-4-23: FRANCHISE FEE
A. The city council may impose a franchise fee not to exceed five percent (5%) of the
gross revenue of the company generated from the sale of natural and mixed gas
within the city.
1. For purposes of this section gross revenue shall include in addition to revenue
from direct sales of natural or mixed gas to customers, the gross revenue derived
by the company from the transmission, transportation or distribution of natural or
mixed gas sold to customers by suppliers other than the company through the
company's distribution system within the city.
2. Any franchise fee imposed by the city shall be a direct charge to customers to the
extent required by the Iowa Utilities Board.
B. The Company shall on the fifteenth day of each month, provide to the city manager
in a form reasonably acceptable to the city manager records establishing the gross
revenue from the sale or transportation of natural and mixed gas by the Company
within the city of Dubuque for the preceding month and shall pay the fee to the city
within thirty (30) days following the last day of the preceding month.
C. Any rebate of franchise fees which may have been available under any prior amendment
or ordinance which was not paid prior to July 1, 2013, is declared void and any
claim for any such rebate shall not be honored or paid by the city.
D. If for any reason the time and manner of collecting, or any aspect of the franchise
fee, is challenged by or before the Iowa utilities board, Company shall promptly give
notice to city and the Company shall, in any case, diligently and continuously exercise
its efforts to sustain said fee and payments and the time and manner of its collection.
If at any time the Iowa utilities board, or any other authority having proper jurisdiction,
prohibits the city from imposing the franchise fee called for herein, the Company will no
longer be obligated to collect and pay the franchise fee herein.
City shall have access to and the right to examine, during normal business hours,
Company's books, receipts, files, records and documents as is reasonably necessary
to verify the accuracy of payments due hereunder; provided, that City shall not
exercise such right more than twice per calendar year. If it is determined that a
mistake was made in the payment of any franchise fee required hereunder, such
mistake shall be corrected promptly upon discovery such that any under- payment by
Company shall be paid within thirty (30) days of recalculation of the amount due, and
any over -payment by Company shall be deducted from the next payment of such
franchise fee due by such Company to City; provided, that neither party shall have the
obligation to correct a mistake that is discovered more than one
2
(1) year after the occurrence thereof. The city agrees to save harmless the Company, its
employees or agents from and against all claims, demands, losses and expenses
arising out of the collection of the franchise fee from the Company's customers or in
remitting the franchise fee amounts collected to the city; provided, however, that the
city shall not be required to save harmless the Company from claims, demands,
losses and expenses arising out of the negligence of the Company, its employees or
agents.
E. The amount billed by the Company for the sale of natural gas or mixed gas to its
customers may be adjusted for any net write off of uncollectible accounts and
corrections of bills theretofore rendered, and past or future franchise fees remitted to
the city may be adjusted accordingly by the Company to reflect the lawful or necessary
correction to billing and collection from its customers for natural gas sold within the
corporate limits of the city.
F. Within ten (10) days of the date of this ordinance, the City shall provide the Company
with a map of its corporate limits (the "Map"). The Map shall be of sufficient detail to
assist Company in determining whether its customers reside within the City's corporate
limits. The Map along with Company's Geographic Information System ("GIS") mapping
information shall serve as the sole basis for determining Company's obligation
hereunder to collect and pay the franchise fee from customers; provided, however,
that if the City's corporate limits are changed by annexation or otherwise, it shall be
the City's sole responsibility to (a) update the Map so that such changes are
included therein, and (b) provide the updated Map to the Company. Company's
obligation to collect and pay the franchise fee from customers within an annexed area
shall not commence until the later: (a) of sixty (60) days after such Company's
receipt from the city of an updated Map including such annexed area, or (b) such
time after such Company's receipt from the City of an updated Map including such
annexed area as is reasonably necessary for Company to identify the customers in the
annexed area obligated to pay the franchise fee. City shall indemnify Company from
claims of any nature, including attorney fees, arising out of or related to the imposition
and collection of the franchise fee. In addition, Company shall not be liable for
collecting franchise fees from any customer originally or subsequently identified, or
incorrectly identified, by City or by Company as being subject to the franchise fee or
being subject to a different level of franchise fees or being exempt from the imposition
of franchise fees.
The city shall provide copies of annexation ordinances to the Company on a timely
basis to ensure appropriate franchise fee collection from customers within the corporate
limits of the city.
G. The invalidity or unenforceability of any provision of this Ordinance shall not affect
the validity or enforceability of any other provision of this Ordinance, which shall
remain in full force and effect.
3
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted the 20th day ofJanuary, 2015.
Attest:
Kevin S. Firnstahl, ity G�Ier-k
4
Karla A. Braig, Mayor Pro f4
ACCEPTANCE
The forgoing ordinance amending the Franchise Agreement is hereby accepted by
Black HiIIs/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy on this \yam- day
of --Ac,,nuc,,r , 2015.
B
Tracy P n
VP, Black Hills Energy Iowa Gas
5
THE CITY OF
DUB MEMORANDUM
Masterpiece on the
ippi
BARRY LINDA
CITY ATTORN Y
To:
Kevin Firnstahl
City Clerk
DATE: February 9, 2015
RE: Black Hills Energy Franchise Fee Amendment Ordinance No. 02-15
Kevin:
Attached for your file is the original executed Acceptance page to the Black Hills Energy
Franchise Fee Amendment Ordinance No. 02-15 approved by the City Council at its
January 20, 2015 City Council meeting.
Thank you.
BAL:tls
Attachment
F:\USERS\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Black Hills\Firnstahl_OriginalBlackHillsAcceptancePageToOrdinanceNo02-15_020915.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
EFFECT OF AMENDMENT
11-4-23: FRANCHISE FEE:
A. The city council may, in i+� rlisi+re+inn after a-bliG hearing, and upon an affirmative
dote of all of the members of the Gey inril impose a franchise fee not to exceed the
five percent (35%) of the gross revenue of the company generated from the sale of
natural and mixed gas within the city; prGv'ded, hewever, that the foo shall not be
eff8Gtive against the GGMpany unless and untH the Gity imposes a fee or tax of the
same perGentage on the gress revenue ef sales of energy w'th.R the Gity b�7 1 all other
energy suppliers with whiGh the City has in e#eGt a-fraRGh+se-ag
requiFeed by the lewa utilities board.
1 . For purposes of this section gross revenue shall include in addition to revenue
from direct sales of natural or mixed gas to customers, the gross revenue
derived by the company from the transmission, transportation or distribution of
natural or mixed gas sold to customers by suppliers other than the company
through the company's distribution system within the city.
2-Any franchise fee imposed by the-city shall be a direct charge to customers to the
extent required by the Iowa Utilities Board.
B. The eompa%-Company shall on the fifteenth day of each month, GOmmenGing
Neyemher 15, 2g�3 provide to the city manager in a form reasonably acceptable to
the city manager records establishing the gross revenues from the sale or
transportation of natural and mixed gas by the EeMpa+4y-Com2any within the city of
Dubuque for the preceding month and shall pay the fee to the city within thirty (30)
days following the last day of the preceding month.
C. 1.E-ffeetive-jury1, 2013, foo imposed seE an^Ge5903, as-
amended by SeGt'E)R 1
f erdinon 0`2 and con+inn 1 of ordinonre 8-10 shall nn+
rvramur-r�Fd--v�urrc�� �a-n--r-rvc
apply te any sale of natural and mixed gas by the psi that is exempt under
ewa Codeec etien 423iii mthe-t imposed b el.Af-A Gede sedien 423.2 and
GOMputing the ameunt of the fee, the GeMpany shall not 'RGlude SUGh sales, unless
the ameunt of the fee for sunh exempt soles of natural and mixed gas tG GOPnpany's
inntthe Git�i'�JGaTyear ( Ii ly 1 li ine 30) in which the G istomer nous si inh fees
Any rebate of franchise fees which may have been available under any prior
amendment or ordinance which was not paid prior to July 1, 2013, is declared void
and any claim for any such rebate shall not be honored or paid by the city.
D. If for any reason the time and manner of collecting, or any aspect of the franchise
fee, is challenged by or before the Iowa utilities board, es any -Company shall
6
promptly give notice to city and the GGmpa%-Company shall, in any case, diligently
and continuously exercise its efforts to sustain said fee and payments and the time
and manner of its collection. If at any time the Iowa utilities board, or any other
authority having proper jurisdiction, prohibits the city from imposing the franchise fee
called for herein, the GerApany-Company will no longer be obligated to collect and
pay the franchise fee herein.
City shall have access to and the right to examine, during normal business hours,
Company's books, receipts, files, records and documents as is reasonably
necessary to verify the accuracy of payments due hereunder; provided, that City
shall not exercise such right more than twice per calendar year. If it is determined
that a mistake was made in the payment of any franchise fee required hereunder,
such mistake shall be corrected promptly upon discovery such that any under-
payment by Company shall be paid within thirty (30) days of recalculation of the
amount due, and any over-payment by Company shall be deducted from the next
payment of such franchise fee due by such Company to City; provided, that neither
party shall have the obligation to correct a mistake that is discovered more than one
(1) year after the occurrence thereof. The city agrees to save harmless the
GeMpanyCompany, its employees or agents from and against all claims, demands,
losses and expenses arising out of the collection of the franchise fee from the
Ge raY'S Company's customers or in remitting the franchise fee amounts collected
to the city; provided, however, that the city shall not be required to save harmless
the Genapaf�y-Company from claims, demands, losses and expenses arising out of
the negligence of the company, its employees or agents.
E. The amount billed by the Eernpa 44-Company for the sale of natural gas or mixed gas
to its customers may be adjusted for any net write off of uncollectible accounts and
corrections of bills theretofore rendered, and past or future franchise fees remitted to
the city may be adjusted accordingly by the Genapariy�L-Company to reflect the lawful
or necessary correction to billing and collection from its customers for natural gas
sold within the corporate limits of the city.
F. Within ten (10) days of the date of this ordinance, the City shall provide the
Company with a map of its corporate limits (the "Map"). The Map shall be of
sufficient detail to assist Company in determining whether its customers reside
within the City's corporate limits. The Map along with Company's Geographic
Information System ("GIS") mapping information shall serve as the sole basis for
determining Company's obligation hereunder to collect and pay the franchise fee
from customers; provided, however, that if the City's corporate limits are changed by
annexation or otherwise, it shall be the City's sole responsibility to (a) update the
Map so that such changes are included therein, and (b) provide the updated Map to
the Company. Company's obligation to collect and pay the franchise fee from
customers within an annexed area shall not commence until the later: (a) of sixty
(60) days after such Company's receipt from the city of an updated Map including
such annexed area, or (b) such time after such Company's receipt from the City of
an updated Map including such annexed area as is reasonably necessary for
7
Company to identify the customers in the annexed area obligated to pay the
franchise fee. City shall indemnify Company from claims of any nature, including
attorney fees, arising out of or related to the imposition and collection of the
franchise fee. In addition, Company shall not be liable for collecting franchise fees
from any customer originally or subsequently identified, or incorrectly identified, by
City or by Company as being subject to the franchise fee or being subject to a
different level of franchise fees or being exempt from the imposition of franchise
fees.
The city shall provide copies of annexation ordinances to the y Company on
a timely basis to ensure appropriate franchise fee collection from customers within
the corporate limits of the city.
G. The invalidity or unenforceability of any provision of this Ordinance shall not affect
the validity or enforceability of any other provision of this Ordinance, which shall
remain in full force and effect.
8
OFFICIAL
PUBLICATION
. ORDINANCE NO. 2-15 '.
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES SEC. 11-
4-23: FRANCHISE FEE,
AUTHORIZING THE
CITY COUNCIL TO
IMPOSE A `.FRAN-
CHISE .
RANCHISE. FEE NOT TO
EXCEED THREE PER-
CENT (3%) ON THE
GROSS REVENUE
GENERATED, FRQM;,
''THE" 'DISTRIBUTION
AND SALE OF
NATURAL GAS OR
MIXED . , GAS BY
BLACK HILLS/IOWA
GAS UTILITY .COM-
PANY, LLC D/B/A
BLACK HILLS ENERGY
WITHIN THE CITY OF
DUBUQUE, BY IN-
CREAS NG SUCH
AUTHORITY TO FIVE
PERCENT (5%)
Whereas, City of ,
Dubuque • Ordinance
No. 43-93 (City of
Dubuque Code of
Ordinances Title 11,
Chapter 4), adopted by
the City Council on the
19th' day of July, 1993,
granted to Peoples
Natura Gas Company,
its successors and
assigns (hereinafter
referred to collectively
as the Company);
nonexclusive authority
for a period of twenty-
five (25) .years to
maintain and operate
its gas distribution
system within the
limits of the city of
Dubuque; and
Whereas, Black
Hills/Iowa Gas Utility,
Company, LLC d/b/a
Black Hills Energy is a
successor to Peoples
Natural Gas Company;;.
and
Whereas, Ordinance
No. 43-93, now Code of
Ordinances §11-4-23,
provides that the City'
Council may impose a.
franchise fee not to
exceed three percent
(3%) of the gross
revenue of the
Company generated
from the sale of natural
and mixed gas within
the city of Dubuque;
Whereas, the City
Council has deter-
mined that itis in the
best interests of the
City of Dubuque to
increase the authority
for such franchise fee
to five percent (5%).
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA: '
Section 1. City of
Dubuque Code of
Ordinances § 11-4-23 is
hereby amended to
read as follows:
11-4-23: FRANCHISE
FEE
A. The city council
may impose a
franchise fee not to
exceed five percent
(5%) of the gross
revenue of the
company generated
from the sale of natural
and mixed gas within.
the city.
1. For purposes of this
section gross revenue
shall include in
addition to.revenue I I
from direct sales of
natural or, mixed gas to 0
customers, the gross
revenue derived by the
company ` from the
transmission, trans-
portation
rans-
portation"'or distribu-
tion of natural or mixed
gas sold to customers
by suppliers other than
the 'company through
the company's distri-
bution ; system within
the city. �.
2. Any franchise feel
imposed by the city;
shall be a direct charge
to customers to . the,
extent required by the
Iowa Utilities Board. I
B. The Company shall
on the fifteenth day of
each month, provide, to
the city' manager in a
form reasonably ;ac-
ceptable to the city
manager records estab- '
dishing the " gross
revenue from the sale
or' transportation of
natural and mixed= gas
by the Company within
the city of Dubuque for
the preceding month
and shall pay the fee to
the city within thirty
(30) days following the
last day, of the
preceding month.
C. Any rebate of
franchise fees which,
may have been
available under any
prior amendment " or
ordinance which was,
I not paid prior to July 1,
-2013, is declared void
and any claim for any
such .rebate shall not
be honored or paid by
the city.
D. If for any reason,
the time' and manner of
collecting, or any
aspect„of the franchise
fee, is challenged by or
before the Iowa
utilities' board, `Com-
pany , shall promptly
give notice to city and
the Company"shall, in
I any case, diligently
and continuously exer-
cise its efforts to
sustain said fee and
payments and the time
and manner of,its
collection. If at any
time the Iowa utilities
'hoard, j or any ';other
authority having pro -
1 per jurisdiction, pro-
hibits the city from
imposing the franchise
fee called for herein,
the Company will no
longer be obligated to
collect, and pay the
franchise fee herein.
City shall have access
under -payment Dy Company's receipt <'
within thirty (30), days updated Map including
of ,recalculation of the 1 such annexed area, or
amount due, and any i (b) such time •after
ver -payment' by Com such Compariy's re
Company shall be paid from the city of an
parry shall be deducted" ceipt from the City of
from the next payment an updated Map
of such franchise fee including such an
due by such -Company Hexed area as is
to City; provided, that ”
neither party shall reasonably necessary
have the obligation to
correct a mistake that
is discovered more
than one (1) year after
the occurrence thereof.
The city.agrees to save
harmless the Com-
pany, its -employees . or
agents. from, and
against - all claims, I
demands, losses and
expenses arising out bf
the collection of the,
franchise fee from the
Company's customers
or in remitting the
franchise fee amourits
collected to the city;(
provided, however, 1
t that the city shall not
be required to save
harmless -the Company
from- claims, demands,
losses and expenses
arising out of the, level of franchise fees
negligence `. of the or being exempt from
Company, its employ- the imposition of
ees or agents. I franchise fees.
E. The amount billed The city shall provide
by the Company for the I .copies of annexation
sale of natural gas or ordinances "-,to the
mixed gas to its Company on a timely
customers may be basis to ensure
adjusted for any net appropriate franchise
write , off of fee.. collection from
uneollectible accounts cusfbmers .within the
and corrections of bills corporate limits of the
theretofore rendered, city.
and past or future G. The invaliditj%.'or
franchise fees remitted unenforceability of,any
to the city may be provision of this
adjusted accordingly Ordinance shall not
by the Company to affect the validity,•'or
reflect the„ lawful or enforceability of :'any
necessary correction other provision of; this
to billing and collection Ordinance, which shall
from its customers' for remain in full force and',
natural gas sold within effect.
the corporate limits of Section 2. This Ordi-
-the city. = nance shall take effect
F. Within ten (10) days upon publication.
of the.date of this. , Passed, approved and.
ordinance, the City 1, adopted the '20th day
shall provide the of January, 2015.
Company :with a map /s/Roy D. Buol, Mayor
of its corporate limits Attest:/s/Kevin S.
(the "Map"). The Map Firnstahl, City Clerk
shall be of sufficient Published officially in
detail to assist the, Telegraph Herald
Company " in deter- newspaper on the 23rd
mining., .,whether c,its day of January, 2015.
customersreside with; /s/ Kevin 'S. Firnstahl
in the City's corporate City Clerk
limits. The Map along it 1/23
with Company's Geo-
graphic Information
System ("GIS") map- I
ping, information shall
,serve as the sole basis
for determining iCom-
pany's obligation here-
under to collect and.
pay the, franchise fee
from customers; -pro-
vided, however, that if
the City's corporate
limits are changed by
annexation or other-
wise, it shall ' be the
City's sole respon-
sibility to (a) update
the Map so that such
changes are included
therein, and (b)
provide the updated ,
Map to the Company.
Company's obligation
to collect and pay the
franchise fee from
customers within an
'annexed area shall not;
commence until the
later: (a) of sixty (60)
days after such
to and the right to
examine, during nor-
mal business hours,
Company's books, re-
ceipts, files, records
and documents` as is
reasonably necessary
to verify the accuracy
of . payments ' due
hereunder; provided,
that City shall. not
exercise such;," right
more than twice -per
calendar year. If ,it is
determined that a
mistake was made in
the payment' of any
franchise fee required
hereunder, such mis-
take shall be corrected
promptly upon dis-
covery such that any
for Company to
identify the customers
in the annexed area
obligated to pay the
franchise fee. City shall.
indemnifytCornpany'
from claims of any .I
nature, including 'at-
torney fees, arising out
of or related to the':
imposition, and col-
lection of the franchise j
fee. In addition, Com-
pany shall not be liable
for collecting franchise
fees from any
customer originally or
subsequently identi-
fied, or incorrectly
identified, by City or by
Company as being
subject to the
franchise fee or being
subject to a different °.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: January 23, 2015, and for which the charge is $84.58.
Subscribed to before e, a Notary Public in and for Dubuque County, Iowa,
this af‘a day oN , 20 /5- .
Notary Public in and for Dubuque County, Iowa.
y MARY K. WESTERMEYER
Commission Number 154885
'y COMM. Exp. FEB, 1, 2017
STATE OF IOWA ISS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
1, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: December 19, 2014, and for which the charge is $31.03.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of 20 ZV-
Notary Public in and f6r6ubuque County, Iowa.
MARY K.WEVERMEYEJR
-"T y
or 15 86
Corn mLllss�kwm rNU mber 154865
mD 5
M Cama,
exo 8� 1, 01
My Comm, Exp, F6ES. 1,2017
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
ON THE-MATTER OF
A PUBLIC HEARING
ON AN, ORDINANCE
AMENDING.CITY .OF
DUBUQUE CODE OFj
ORDINANCES'SEC.31 {
a-23:FRANCHISE FEE,11
AUTHORIZING THEW
CITY COUNCIL TOl
IMPOSE As FRAW
CHISE FEE FIOTTTO'
EXCEED THREE PER-'
CENT (3%);ON THE'
GROSS REVENUE]
GENERATED FROM'
THE DISTRIBUTION
AND SALE OF,
NATURAL tGAS OR :
MIXED GAS WITHIN`
THE CITY OF DUBU-
QUE,;BY INCREASING"
SUCH AUTHORITY TO
FIVE PERCENT(5°/®)
PUBLIC NOTICE is
hereby given'.that the
City Council of the City
of Dubuque; State .of
Iowa,will meet on the
5th dayof January,
2015; at 6:30 P.M,., in
the : City Counci
Chambers, Historic:
Federal Building, 3501
W., 6th Street,
Dubuque, Iowa, 'at",
which meeting the City
Council proposes to
consider the adoption`
of an ordinance;
amending the fran-
chise,agreement with:
Black ,Hills Energy
Corporation, 'City of i
Dubuque ;Codeof
Ordinances §:11-4-23,
authorizing the City
Council to impose a
franchise fee:.; not to
exceed three per.cent
(3%)- on' the gross
revenue generated_:
from the distribution
and'sale of natural gas
or mixed gas within the
Pity :of. Dubuque, by
increasing such
authority to five
percent(5%).
A. copy of the
proposed ordinance is' !
on fiie at the:Office of`I
the -City Clerk, City
Hall,50 W.13th Street;
Dubuque,Iowa.
Written comments
regarding the ordi-
nance may be
submitted to the City
Clerk on or before the
time-. of the public
hearing.
Afsaid time and place
of the public hearing,
all,interested-citizens
willbe given an
opportunity to address
the city council
regarding the pro-
posed dNmance.
-Any vis ai orhearing-
impairedpersons
needing I special
assistance or.persons
with, special accessi-
bility needs should
contact the City Clerk's
office:at(563)589-4120
or TDD at (563) 690-
6678 at least 48 hours
prior to the meeting.
This Notice is given by
order of the City
Council. of Dubuque,
Iowa, as provided by
Sect!
ts 364:2(4) and
362.3=of the Code of
Iowa,as amended.
Published by order of
theCityCouncilgiven
on the 15th 'day of
December,201§.
/s/Trish L.Gleason;
Assistant City Clerk
It 12/19
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: December 19, 2014, and for which the charge is $31.03.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ,,,72 -T.," day of4,e,224,,) , 20 /.z. .
Notary Public in and for
ubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm, Exp. FEB. 1, 2017
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
ON THE MATTER OF
A PUBLIC HEARING
ON AN ORDINANCE
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES SEC. 11-
4-23: FRANCHISE FEE,
AUTHORIZING THE
CITY COUNCIL TO
IMPOSE A FRAN-
CHISE FEE NOT TO
EXCEED THREE PER-
CENT (3%) ON THE
GROSS REVENUE
GENERATED FROM
THE DISTRIBUTION
AND SALE OF
NATURAL GAS OR
MIXED GAS WITHIN
THE CITY OF DUBU-
QUE, BY INCREASING
SUCH AUTHORITY TO
FIVE PERCENT (5%)
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, State of
Iowa, will meet on the
5th day of January,
2015, at 6:30 P.M., in
the City Council
Chambers, Historic
Federal Building, 350
W. 6th Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
consider the adoption
of an ordinance
amending the fran-
chise agreement with
Black Hills Energy
Corporation, City of
Dubuque Code of
Ordinances § 11-4-23,
authorizing the City
Council to impose a
franchise fee not to
exceed three per cent
(3%) on the gross
revenue generated
from the distribution
and sale of natural gas
or mixed gas within the
City of Dubuque, by
increasing such
authority to five
percent (5%).
A copy of the
proposed ordinance is
on file at the Office of
the City Clerk, City
Hall, 50 W. 13th Street,
Dubuque, Iowa.
Written comments
regarding the ordi-
nance may be
submitted to the City
Clerk on or before the
time of the public
hearing.
At said time and place
of the public hearing,
all interested citizens
will be given an
opportunity to address
the city council
regarding the pro-
posed ordinance.
Any visual or hearing -
impaired persons
needing special
assistance or persons
with special accessi-
bility needs should
contact the City Clerk's
office at (563) 589-4120
or TDD at (563) 690-
6678 at least 48 hours
prior to the meeting.
This Notice is given by
order of the City
Council of Dubuque,
Iowa, as provided by
Sections 364.2(4) and
362.3 of the Code of
Iowa, as amended.
Published by order of
the City Council given
on the 15th day of
December, 2014.
/s/Trish L. Gleason,
Assistant City Clerk
It 12/19