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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 Dubuque band AI- America City 1 2007 • 2012 • 2013 City Attorney Barry Lindahl is recommending an amendment to the City Franchise Fee Ordinance. 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 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 Jennifer Larson, Budget Director 2 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 ORDINANCE NO. 6 -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 3rd day of Febru. ry, 2014. Roy D. ol, Mayor Attest: Kevin. Firnstahl; City erk F: \USERS \tsteckle \Lind ah I\ Ordinances \Franch ise Fee_Sec3Repea IOrd 58- 03_ElectricI PC_011414. docx CITY OF DUBUQUE OFFICIALNOTICE Notice is hereby given that the City Council of the City of Dubuque will hold a public hear- ing on a proposed ordi- nance, amending the franchise fee ordinan- ces 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 elec- tricity to customers of Interstate Power Com- pany, its successors and assigns, and es- tablishing a procedure for requesting a rebate of such fees. Said pub lic hearing will be held at 6:30 p.m. in the City Council Chambers, His- toric Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, February 3, 2014. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearing may be sub- mitted to the City be- fore on Clerk's Office time of time fore ise At said public bbliiicc ac of interested hearing. -e and place all inteoarties arard for hearing and appor- citlizearet given oppor- tunity to be heard meas- or against hearing- impaired _ .., ireu special assis- tance i dres* visual or npeeranns ineedingr sil:13ersun:ii;livlitY special accessibility e as should contact office tol.'at the (563) 589-"i11(3)(..)6678 at least:eting Published coodneeyllofgian- tYI 1 ea tmh(e58d631.?ib Y° hours Pi given prior the 24th on the 24th stall' Jan- uary, Kevin S. Firnstahl it 1/24 City 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 24, 2014, and for which the charge is $20.31. Subscribed to before ine-,\a Notary Public in and for Dubuque County, Iowa, this 74 day of`‘.. , 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 OFFICIAL • PUBLICATION ORDINANCE NO.6-14 REPEALING SECTION 3 OF ORDINANCE NO. 58-03 PROVIDING FOR wnereas, the City A REBATE OF FRAN- Council finds that a CHISE FEES FOR EX- reasonable period of EMPT SALES OF time in which to re- ELECTRICITY TO CUS- fiscal ay rais the STATE OF IOWA {SS. TOMERS OF:INTER- fiscal year In which a STATE POWER COM- customer pays ,such PANY, ITS SUCCES- fees the Company. DUBUQUE COUNTY SORS AND ASSIGNS, NOW, THEREFORE, AND ESTABLISHING A I BE IT ORDAINED BY PROCEDURE FOR RE- THE CITY COUNCIL QUESTING A REBATE OF THE CITY OF DU- OF SUCH FEES BUQUE,IOWA: ' Whereas, Ordinance ' Section 1.Section 3 of CERTIFICATION OF PUBLICATION No.58-93'granted to In- Ordinance No.58-03 is terstate Power Compa- hereby repealed. ny, its successors and Section 2. Ordinance assigns(the Company) No. 58-03 Is amended a franchise to maintain by adopting the follow- and operate an electri- ing new Section 3: cal system In the City Section 3. • I, Suzanne Pike, a BillingClerk for Woodward Communications, Inc., an Iowa of Dubuque,Iowa;and (1) Effective July 1, Whereas,Allianz Ener- 12013, the fee Imposed corporation,publisher of the Telegraph Herald,a newspaper of general circulation •gy is the successor to by Section' 1 of Ordl- 1P Interstate Power Com- nance No. 58-03, as ; published in the Cityof Dubuque, Countyof Dubuque and State of Iowa; hereby pany;and amended by Ordinance q q Whereas, Ordinance 1 No. 7-10, shall not ap- certifythat the attached notice waspublished in said newspaper on the following No. 58-93 authorized. I ply to'any sale of elec- the City Council to im- tricky by the Company I dates: February 07,2014, and for which the charge is $34.62. pose a franchise fee that is exempt under not to exceed 3% of Iowa Code Section the gross revenue of 423.3 from the tax im- ' the Company generat- posed by Iowa Code ed from the sale of Section 423.2 and in electricity within the computing the amount city;and of the fee,the Compa- Whereas, Ordinance ny shall not Include No.58-03,as amended such sales,unless it Is.; by OrFinance No. 75- impracticable to so, in ' seriALFILLe 03, imposed upon the which event the City CorniAny a fee equal Manager shall provide i a rebate of the amount to 2%of the gross rev- of the fee for such ex- enue generated from empt sales of electrlci- the sale of electricity ty to Company's cus- within the city and tomers provided a stated that certain r written request Is sub- sales were exemptata matted Cityy a onatomer ger in. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, the fee and that a to the Manager in procedure for the re- , the City's fiscal year. bate of such exempt (July 1 -'June 30) in this 7 day o , 20 / Z . fees would be provided ' which the customer but did not establish a I pays such fees. Fargocedure for request- (2)Any rebate of frau- such rebates;and chlse flearse s which may ly Whereas, Ordinance have been available , / No.58-03,as amended under any • prior by Ordinance No.7-10, amendment ,or ordi- ', , increased the fee to --nance which was not / 3% of the gross reve- paid prior to July 1, nue generated from ,, 2013, is declared void otary Public in and for Dubuque County, Iowa. the sale of electricity , and any claim for any within the city;and i such rebate shall not Whereas,certain cus- be honored or paid by tomers of the Company the city. did not request a re- Passed,approved and bate of such fees until adopted the 3rd day of December of 2013;and • February,2014., p"� MARY K,WE9TERMEYER Whereas, the City , /s/Roy D.Buol,Mayor ; o� •P Council of the City of Attest:/s/Kevin S. : Commission Number 154885 Dubuque finds that the Firnstahl,City Clerk My Comm. Exp. FEB. 1,2017 delay in requesting a Published officially in „W, rebate is not a reason- the Telegraph Herald able period of time and ' newspaper on the 7th that it is not in the best . , day of February,2014. interests of the citizens /s/Kevin S.Firnstahl, of the City of Dubuque City Clerk I to honor such re- lt 2/7 quests;and