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Maquoketa Valley Electric Cooperative Franchise Fee_Initiate Copyrighted September 17, 2018 City of Dubuque Items to be set for Public Hearing # 2. ITEM TITLE: Maquoketa Valley Electric Cooperative Franchise Fee SUMMARY: City Manager recommending that the City Council set a public hearing for October 1 , 2018 on an ordinance imposing a franchise fee of 5% on Maquoketa Valley Electric Cooperative. RESOLUTION Setting a public hearing on an ordinance imposing a franchise fee of five percent(5%) on the gross revenue generated from the distribution and sale of electricity within the city of Dubuque by Maquoketa Valley Electric Cooperative SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 1, 2018 ATTACHMENTS: Description Type Maquoketa Valley Electric Franchise Fee-NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Setting Hearing Franchise Fee Resolutions Proposed Ordinance- Franchise Fee Ordinance THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Maquoketa Valley Electric Cooperative Franchise Fee DATE: September 10, 2018 Senior Counsel Barry Lindahl recommends the City Council set a public hearing for October 1 , 2018 on an ordinance imposing a franchise fee of 5°k on Maquoketa Valley Electric Cooperative. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ����.� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel THE CITY OF Dubuque � Atl-Il�rk�City U B E ��ti,«r,�.�. 1 ' I I '•r Masterpiece on the Missis i pi ` �°'°Z°12 2013•2017 BARRY A. LINDAHL, E SENIOR COUNSEL ' MEMO To: Michael C. Van Milligen City Manager DATE: August 30, 2018 RE: Maquoketa Valley Electric Cooperative Franchise The Maquoketa Valley Electric Cooperative (MVEC) electric franchise granted by the City of Dubuque in 2004 expires October 3, 2018. The approval of a franchise requires a public hearing before the City Council. MVEC has not yet agreed to the franchise agreement. Enclosed is a resolution setting a public hearing for October 1, 2018 for the ordinance granting a new franchise, as well as a separate ordinance establishing a franchise fee. I recommend that the resolutions setting the public hearings for October 1, 2018 be submitted to the City Council for adoption. BAL:tIs Attachment cc: Crenna Brumwell, City Attorney James Wainwright, Esq. Steve Nadel, Esq. F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MVM_MVECFranchiseAgreement_083018.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, �-IARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHorvE (563)583-4113/F<vc (563)583-1040/Ennai� balesq@cityofdubuque.org RESOLUTION NO. 276-18 SETTING A PUBLIC HEARING ON AN ORDINANCE IMPOSING A FRANCHISE FEE OF FIVE PERCENT (5%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY. MAQUOKETA VALLEY ELECTRIC COOPERATIVE Whereas, City of Dubuque Ordinance No. , adopted by the City Council on the 1st day of October, 2018, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as "the Company"), the right and non-exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the distribution of electric energy along, under, over and upon the streets, avenues, rights of way, alleys, public places or public grounds (excluding parks) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants; and Whereas, said Ordinance authorizes the City to impose by ordinance a franchise fee up to the amount allowed by Iowa law upon the gross revenue generated from sales of electricity by the Company within the corporate limits of the City; and Whereas, pursuant to the previous franchise ordinance, Ordinance No. 20-04, City of Dubuque Ordinance No. 13-15 imposed a franchise fee of five percent (5%); and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to continue to impose a franchise fee of five percent (5%) under the franchise ordinance, Ordinance No. Whereas, Iowa law requires that the City Council hold a public hearing on the question of the adoption of the Ordinance imposing a franchise fee. 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 Ordinance imposing a franchise fee of five percent (5%) on Maquoketa Valley Electric Cooperative is hereby set for the 1st day of October, 2018 in the City Council Chambers, Historic Federal Building, 350 West 6t1' Street, Dubuque, Iowa, beginning at 6:00 p.m. Section 2. The City Clerk shall publish notice of the public hearing as required by Passed, approved and adopted the 17th day of September, 2018. law. 083018baI G Roy D. Bol, Mayor Attest: Keviint. Firnstahl, City Clerk F:\Users\tstecklelLindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\ResolutionSettingPublicHearing5%Fee_ MVEC_083018.docx 2 Preparer: Barry A. Lindahl. Esa. Address: Suite 330. 300 Main Street. Dubuaue. IA 52001 Te I e p h o n e: 15631 583-4113 ORDINANCE NO. -18 IMPOSING A FRANCHISE FEE OF FIVE PERCENT (5%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY MAQUOKETA VALLEY ELECTRIC COOPERATIVE Whereas, City of Dubuque Ordinance No. , adopted by the City Council on the day of , 2018, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as "the Company"), the right and non-exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Dubuque, lowa (hereinafter called the "City") a system for the distribution of electric energy along, under, over and upon the streets, avenues, rights of way, alleys, public places or public grounds (excluding parks) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants; and Whereas, said Ordinance authorizes the City to impose by ordinance a franchise fee up to the amount allowed by lowa law upon the gross revenue generated from sales of electricity by the Company within the corporate limits of the City; and Whereas, pursuant to the previous franchise ordinance, Ordinance No. 20- 04, City of Dubuque Ordinance No. 13-15 imposed a franchise fee of five percent (5°k); and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to continue to impose a franchise fee of five percent (5°k) under the franchise ordinance, Ordinance No. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 081518ba1 Section 1 . For the term of the franchise, the Company shall pay to the City a fee equal to five percent (5°k) of the gross revenue generated from the sale of electricity within the City of Dubuque. 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 on the 15�n day of the month following the effective date of Ordinance No. , 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. The fee shall not apply to any sale of electricity by the Company that is exempt under lowa Code section 423.3 from the tax imposed by lowa 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 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 Ordinance 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 as of the effective date of Ordinance No. Passed, approved and adopted the _ day of , 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MVEC Franchise Fee Ordinance Sh 0815186a1.docx 2 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE IMPOSING A FRANCHISE FEE OF FIVE PERCENT (5%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY MAQUOKETA VALLEY ELECTRIC COOPERATIVE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 6:00 p.m. on Monday, October 1, 2018, in the Historic Federal Building, second-floor, 350 W. 6th Street, Dubuque. The purpose of the hearing is to allow public comment on the question of the adoption of an Ordinance imposing a franchise fee of five percent (5%) on Maquoketa Valley Electric Cooperative Copies of supporting documents for the public hearings are on file in the City Clerk’s Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk’s Office, 50 W. 13th St., on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visually- or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC City Clerk 1t 9/14 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: September 21, 2018, and for which the charge is $21.89. Subscribed to before me, a tary Public and for Dubuque County, Iowa, , 20 `//er Notary Public in and for Dubuque County, Iowa. WESTERMEYER apt) I�r Ps ion Numbor 154&35 My Cumrmssion Exp. Feb. 1, 2020 CITY OF DUBIOWAUQUE, OFFICIAL NOTICE IMPOSING`A FRAN- CHISE FEE RANCHISE_'FEE OF FIVE PERCENT (5%) ON THE GROSS REVENUE GENERATED FROM THE DISTRIBUTION AND SALE OF ELEC- TRICITY WITHIN THE CITY OF DUBUQUE BY MAQUOKETA VALLEY ELECTRIC COOPERA- TIVE NOTICE is hereby giv en ''that thei"Dubuque City Council will con'- duct'' a public hearing at a meeting to com- mence at 6:00 p.m. on Monday, "October' 1, 2018, in the Historic Federal Building, 'sec- ond -floor, 350 W. 6th Street, Dubuque. The purpose of the hearing is to allow public com- ment on the question of the adoption of an Ordinance imposing a franchise fee of five percent (5%) on Maquoketa Valley Elec- tric Cooperative lec'tric'Cooperative Copies of supporting documents for the pub- 1 lic hearings are on file in the City Clerks Of- fice, !. '' City Hall, 50 W. 13th"- St., ''Dubuque, Iowa;. and may be viewed during normal l working hours. Written comments re- garding the above pub -11 lic hearings may be submitted to the City Clerk's ' Office, 50 W. 13th' St., on or before said time 'of public hearing. At said time and place of public hearings all interested citizens and ' parties will be given an oppor- tunity to be heard for or against said propos- Any visually- or hear- ing-impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589=4100` or TDD (563) 690-6678 at least 48 hours prior to the meeting:' Kevin S. Firnstahl, CMC, City Clerk 1t 9/21