Maquoketa Valley Electric Cooperative Franchise Agreement_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Maquoketa Valley Electric Cooperative Franchise Agreement
SUMMARY: City Attorney recommending that a public hearing be set for March 12,
2015 amending the City of Dubuque Code of Ordinances Section 11-56-
23, by increasing the franchise fee to 5% of the gross revenue generated
from the sale of electricity within the city by Maquoketa Valley Electric
Cooperative.
RESOLUTION Setting a public hearing on an Amendment to City of
Dubuque Code of Ordinances Sec. 11-5B-23: Franchise Fee, which
imposed a franchise fee of three percent (3%) on the gross revenue
generated from the distribution and sale of electricity by Maquoketa Valley
Electric Cooperative within the City of Dubuque, by increasing such fee to
five percent (5%)
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public
Hearing for March 12, 2015
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Ordinance-DRAFT Supporting Documentation
❑ Notice of Public Hearing Supporting Documentation
THE CITY OF
DUB-�6 E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 18, 2015
RE: Resolution Setting A Public Hearing On An Ordinance Amending City Of
Dubuque Code Of Ordinances 11-513-23 Which Imposed A Franchise Fee
Equal To Three Percent Of The Gross Revenue Generated By The Sale Of
Electricity In The City Of Dubuque By Maquoketa Valley Electric Cooperative
By Increasing The Fee To 5%
In 2004, the City Council granted a utility franchise to Maquoketa Valley Electric
Cooperative. The franchise ordinance, now City of Dubuque Code of Ordinances
Section 11-513-23, imposed a fee of 2% on the gross revenue generated by the sale of
electricity within the city which was increased to 3% in 2010.
Section 11-513-23 also provides that the City Council reserves the right by amendment
to that section to increase or decrease the amount of such franchise fee as it
determines to be in the public interest.
The attached ordinance amends the franchise agreement, Section 11-513-23, by
increasing the franchise fee to 5% of the gross revenue generated from the sale of
electricity within the city by Maquoketa Valley Electric Cooperative.
Iowa law requires the City Council to hold a public hearing on the question of the
adoption of the ordinance amending a franchise agreement. The attached resolution
sets a public hearing on March 12, 2015 on the question of the adoption of the
ordinance amending the franchise agreement. The resolution also dispenses with an
election on the adoption of the ordinance as provided by Iowa law.
I recommend that the City Council adopt the resolution setting a public hearing.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Ken TeKippe, Finance Director
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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
Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main St., Dubuque, IA 52001 Telephone: (563) 583-4113
RESOLUTION NO. 69-15
SETTING A PUBLIC HEARING ON AN AMENDMENT TO CITY OF DUBUQUE
CODE OF ORDINANCES SEC. 11-5B-23: FRANCHISE FEE, WHICH IMPOSED A
FRANCHISE FEE OF THREE PERCENT (3%) ON THE GROSS REVENUE
GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY BY
MAQUOKETA VALLEY ELECTRIC COOPERATIVE WITHIN THE CITY OF
DUBUQUE, BY INCREASING SUCH FEE TO FIVE PERCENT (5%)
Whereas, City of Dubuque Ordinance No. 20-04 (City of Dubuque Code of
Ordinances Title 11, Chapter 5B), adopted by the City Council on the 5th day of April,
2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns
(hereinafter referred to collectively as the Company), nonexclusive authority through
October 3, 2018, to maintain and operate its electrical system within the limits of the
city of Dubuque; and
Whereas, City of Dubuque Code of Ordinances §11-5B-23 imposes a franchise
fee equal to three percent (3%) of the gross revenue of the Company generated from
the sale of electricity 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 such franchise fee to five percent (5%); and
Whereas, Iowa law requires that the City Council hold a public hearing on the
question of the adoption of an Ordinance amending the Franchise Agreement, a copy
of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the attached
Ordinance amending Section 11-5B-23 of the City of Dubuque Code of Ordinances is
hereby set for the 12th day of March, 2015 in the City Council Chambers, Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:30 p.m.
Section 2. The City Council hereby dispenses with an election on the adoption
of the Ordinance as provided by Iowa Code sec. 364.2(4)(b).
Section 3. The City Clerk shall publish notice of the public hearing as required
by law.
Passed, approved and adopted the 2nd day of March, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
cad
oy D. Buol, Mayor
Preparer: Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001
Telephone: (563) 583-4113
ORDINANCE NO. -15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-513-23:
FRANCHISE FEE, WHICH IMPOSED A FRANCHISE FEE OF THREE
PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM THE
DISTRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF
DUBUQUE BY MAQUOKETA VALLEY ELECTRIC COOPERATIVE, BY
INCREASING SUCH FEE TO FIVE PERCENT (5%)
Whereas, City of Dubuque Ordinance No. 20-04 (City of Dubuque Code of
Ordinances Title 11 , Chapter 513), adopted by the City Council on the 5th day of
April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors
and assigns (hereinafter referred to collectively as the Company), nonexclusive
authority through October 3, 2018, to maintain and operate its electrical system
within the limits of the city of Dubuque; and
Whereas, City of Dubuque Code of Ordinances §11-513-23 imposes a
franchise fee equal to three percent (3%) of the gross revenue of the Company
generated from the sale of electricity 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 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 § 11-513-23 is hereby
amended to read as follows:
021815bal
11-513-23: FRANCHISE FEE
Effective July 1 , 2015, and for the term of the franchise, the company shall pay to
the city a fee equal to five percent (5%) of the gross revenue generated from the
sale of electricity within the city. The city shall provide the company with a map
depicting its current corporate boundaries and shall notify the company of any
changes to the same.
The company shall on the fifteenth day of each month, commencing May 15,
2004, provide to the city manager in a form acceptable to the company and the
city manager records establishing the gross revenues from the sale of electricity
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.
Effective July 1 , 2013, the fee imposed by section 23 of ordinance 20-04, as
amended by ordinance 9-10, shall not apply to any sale of electricity by the
company that is exempt under Iowa Code section 423.3 from the tax imposed by
Iowa Code section 423.2 and in computing the amount of the fee, the company
shall not include such sales, unless it is impracticable to do so, in which event the
city manager shall provide a rebate of the amount of the fee for such exempt
sales of electricity to company's customers provided a written request is
submitted by a customer to the city manager in the city's fiscal year (July 1 - June
30) in which the customer pays such 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.
The city council reserves the right by amendment to this article to increase or
decrease the amount of such franchise fee as it determines to be in the public
interest.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted the day of 2015.
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
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2
EFFECT OF AMENDMENT
11-513-23: FRANCHISE FEE:
Effective J4ae4July 1 , X82015, and for the term of the franchise, the company
shall pay to the city a fee equal to thfee-five percent (�5%) of the gross revenue
generated from the sale of electricity within the city. The city shall provide the
company with a map depicting its current corporate boundaries and shall notify
the company of any changes to the same.
The company shall on the fifteenth day of each month, commencing May 15,
2004, provide to the city manager in a form acceptable to the company and the
city manager records establishing the gross revenues from the sale of electricity
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.
Effective July 1 , 2013, the fee imposed by section 23 of ordinance 20-04, as
amended by ordinance 9-10, shall not apply to any sale of electricity by the
company that is exempt under Iowa Code section 423.3 from the tax imposed by
Iowa Code section 423.2 and in computing the amount of the fee, the company
shall not include such sales, unless it is impracticable to do so, in which event the
city manager shall provide a rebate of the amount of the fee for such exempt
sales of electricity to company's customers provided a written request is
submitted by a customer to the city manager in the city's fiscal year (July 1 - June
30) in which the customer pays such 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.
The city council reserves the right by amendment to this article to increase or
decrease the amount of such franchise fee as it determines to be in the public
interest.
3
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF AN ORDINANCE AMENDING
CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-513-23: FRANCHISE FEE,
WHICH IMPOSED A FRANCHISE FEE OF THREE PERCENT (3%) ON THE GROSS
REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY
WITHIN THE CITY OF DUBUQUE BY MAQUOKETA VALLEY COOPERATIVE, BY
INCREASING SUCH FEE TO FIVE PERCENT (5%)
PUBLIC NOTICE is hereb� given that the City Council of the City of Dubuque,
State of Iowa, will meet on the 12 day of March, 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 franchise agreement with Maquoketa Valley Electric Cooperative, City of Dubuque
Ordinances § 11-5B-23, which imposed a franchise fee equal to three per cent (3%) on
the gross revenue generated from the distribution and sale of electricity within the City
of Dubuque, by increasing such fee 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 ordinance 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 proposed ordinance.
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.
Dated this day of 2015.
Trish L. Gleason
Assistant City Clerk
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