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Franchise Fee Ordinance Amendment_Alliant EnergyMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Franchise Fee Ordinance Amendment - Alliant Energy DATE: January 16, 2014 City Attorney Barry Lindahl is recommending that a Public Hearing be set for February 3, 2014, to amend the franchise fee ordinances with Alliant Energy. Dubuque band AI- America City 1 2007 • 2012 • 2013 I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: January 15, 2014 RE: Franchise Fee Ordinance Amendment - Alliant Energy In 1993, the City Council granted a utility franchise to Interstate Power Company, its successors and assigns. Alliant Energy is the successor to Interstate Power Company. The franchise ordinance provided that the City Council could impose a franchise fee not to exceed 3% of the company's gross revenues from the sale of electricity in the city. In 2003, the City Council imposed a fee of 2% which was increased to 3% in 2010. The franchise fee ordinances provided for a rebate to certain customers exempt from sales tax on the sale of electricity. However, the ordinances did not establish a procedure for requesting a rebate. The attached ordinance repeals the former ordinance provisions relating to the rebate. The proposed ordinance also requires that effective July 1, 2013, a request for a rebate must be submitted to the City Manager in the City's fiscal year in which the customer pays the franchise fee. I recommend that the proposed ordinance be submitted to the City Council for consideration. A resolution setting a public hearing on the proposed ordinance is also attached. BAL:tls Attachment cc: Ken TeKippe, Finance Director F:\ USERS \tsteckle \Lindahl \Franchise Fee Rebate Requests From Tax Exempt Entitites\ MVM_ ProposedOrdinance _ElectricAlliant_011514.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 RESOLUTION NO. 17 -14 SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE FRANCHISE FEE ORDINANCES UNDER THE CITY'S ELECTRIC FRANCHISE WITH ALLIANT ENERGY BY REPEALING SECTION 3 OF ORDINANCE NO. 58 -03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF ELECTRICITY TO CUSTOMERS OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 58 -93 granted to Interstate Power Company, its successors and assigns (the Company) a franchise to maintain and operate an electrical system in the City of Dubuque, Iowa; and Whereas, Alliant Energy is the successor to Interstate Power Company; and Whereas, Ordinance No. 58 -93 authorized the City Council to impose a franchise fee not to exceed 3% of the gross revenue of the Company generated from the sale of electricity within the city; and Whereas, Ordinance No. 58 -03, as amended by Ordinance No. 75 -03, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of electricity within the city and stated that certain sales were exempt from the fee and that a procedure for the rebate of such exempt fees would be provided but did not establish a procedure for requesting such rebates; and Whereas, Ordinance No. 58 -03, as amended by Ordinance No. 7 -10, increased the fee to • 3% of the gross revenue generated from the sale of electricity within the city; and Whereas, certain customers of the Company did not request a rebate of such fees until December of 2013; and Whereas, the City Council of the City of Dubuque finds that the delay in requesting a rebate is not a reasonable period of time and that it is not in the bests interests of the citizens of the City of Dubuque to honor such requests; and Whereas, the City Council finds that a reasonable period of time in which to request a rebate is in the fiscal year in which a customer pays such fees to the Company; and Whereas, the City Council intends to amend the franchise fee ordinance as set forth in the proposed Ordinance attached hereto; and Whereas, the City Council has determined that a public hearing should be set to determine whether it is in the best interests of the City of Dubuque to adopt the proposed Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Ordinance in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 3, 2014, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 21st day of January, 2014. Attest: Ii`i '�i :I Kevin irnstahl, ity C''s' 1041 Roy D. Buol, Mayor NOTICE OF PUBLIC HEARING ON A PROPOSED ORDINANCE ON A PROPOSED ORDINANCE AMENDING THE FRANCHISE FEE ORDINANCES UNDER THE CITY'S ELECTRIC FRANCHISE WITH ALLIANT ENERGY BY REPEALING SECTION 3 OF ORDINANCE NO. 58 -03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF ELECTRICITY TO CUSTOMERS OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Notice is hereby given that the City Council of the City of Dubuque will hold a public hearing on a proposed ordinance, amending the franchise fee ordinances under the City's electric franchise with Alliant Energy by repealing Section 3 of Ordinance no. 58- 03 providing for a rebate of franchise fees for exempt sales of electricity to customers of Interstate Power Company, its successors and assigns, and establishing a procedure for requesting a rebate of such fees. Said public hearing will be held at 6:30 p.m. in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 3, 2014. Kevin S. Firnstahl, CMC City Clerk F: \USERS\isteckle \Lindahl\ Ordinances \NoticeOfPu bliceHearin gOn ProposedOrdinan ce_Electric I PC_011614.doc ORDINANCE NO. ______-14 REPEALING SECTION 3 OF ORDINANCE NO. 58-03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF ELECTRICITY TO CUSTOMERS OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 58-93 granted to Interstate Power Company, its successors and assigns (the Company) a franchise to maintain and operate an electrical system in the City of Dubuque, Iowa; and Whereas, Alliant Energy is the successor to Interstate Power Company; and Whereas, Ordinance No. 58-93 authorized the City Council to impose a franchise fee not to exceed 3% of the gross revenue of the Company generated from the sale of electricity within the city; and Whereas, Ordinance No. 58-03, as amended by Ordinance No. 75-03, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of electricity within the city and stated that certain sales were exempt from the fee and that a procedure for the rebate of such exempt fees would be provided but did not establish a procedure for requesting such rebates; and Whereas, Ordinance No. 58-03, as amended by Ordinance No. 7-10, increased the fee to 3% of the gross revenue generated from the sale of electricity within the city; and Whereas, certain customers of the Company did not request a rebate of such fees until December of 2013; and Whereas, the City Council of the City of Dubuque finds that the delay in requesting a rebate is not a reasonable period of time and that it is not in the best interests of the citizens of the City of Dubuque to honor such requests; and Whereas, the City Council finds that a reasonable period of time in which to request a rebate is in the fiscal year in which a customer pays such fees to the Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 3 of Ordinance No. 58-03 is hereby repealed. Section 2. Ordinance No. 58-03 is amended by adopting the following new Section 3: Section 3. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 58-03, as amended by Ordinance No. 7-10, 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 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. (2) 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. Passed, approved and adopted the ____ day of _______________, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk F:\USERS\tsteckle\Lindahl\Ordinances\FranchiseFee_Sec3RepealOrd58-03_ElectricIPC_011414.docx