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Franchise Fee Ordinance Amendment_Black Hills EnergyMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Franchise Fee Ordinance Amendment - Black Hills 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 Peoples Natural Gas, its successors and assigns. Black Hills Energy is the successor to People Natural Gas. 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 gas 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 gas. 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 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 - Black Hills Energy In 1993, the City Council granted a utility franchise to Peoples Natural Gas, its successors and assigns. Black Hills Energy is the successor to People Natural Gas. 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 gas 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 gas. 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 _GasBlackHills_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. 7 -14 REPEALING SECTION 3 OF ORDINANCE NO. 59 -03 AND SECTION 3 OF ORDINANCE NO. 76 -03 PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF NATURAL AND MIXED GAS TO CUSTOMERS OF PEOPLES NATURAL GAS, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES Whereas, Ordinance No. 43 -93 granted to Peoples Natural Gas Company (the Company), its successors and assigns, a franchise to maintain and operate a gas distribution system in the City of Dubuque, Iowa; and Whereas, Black Hills Energy is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43 -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 natural and mixed gas within the city; and Whereas, Ordinance No. 59 -03, as amended by Ordinance No. 76 -03, imposed upon the Company a fee equal to 2% of the gross revenue generated from the sale of natural and mixed gas 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. 59 -03, as amended by Ordinance No. 8 -10, increased the fee to 3% of the gross revenue generated from the sale of natural and mixed gas 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. 59 -03 and Section 3 of Ordinance No. 76- 03 are hereby repealed. Section 2 Ordinance No. 59 -03 and Ordinance No. 76 -03 are amended by adopting the following Section 3: Attest: Section 3. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 59 -03, as amended by Section 1 of Ordinance No. 76 -03 and Section 1 of Ordinance No. 8 -10, shall not apply to any sale of natural and mixed gas by the Company that is exempt under Iowa Code Sec. 423.3 from the tax imposed by Iowa Code Sec. 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 natural and mixed gas 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 February, 2014. // %Mi!il Kevi S.Firnsta I, City erk Roy D. lol, Mayor F: \USERS \tsteckle \Lindah I\ Ord finances \Fra n ch iseFee_Sec3 RepealOrd59- 03876- 03_GasPeoples_011414.docx CITY OF DUBUQUE, IOWA OFFICIAL NOTICE 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 gas franchise with Black Hills Energy by repealing Section 3 of Ordinance No. 59-03 and Section 3 of Ordi- nance No. 76-03 provid- ing for a rebate of fran- chise fees for exempt sales of natural and mixed gas to custom- ers of Peoples Natural Gas, its successors and assigned and estab- lishing 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, 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 hearings may be submitted to the City Clerk's Office on or be- fore 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 meas- ures. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk it 1/24 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 $20.02. Subscribed to before me/, . Notary Public in and for Dubuque County, Iowa, this er, day of , 20 /1-. . No ary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 " ' of the City of Dubuque - OFFICIALto honor such re- PUBLICATION .quests;and ORDINANCE NO.7-14 i Whereas, the City REPEALING SECTION 1 Council finds that a 3 OF ORDINANCE NO. reasonable period of 59-03 AND SECTION 3 i time in which to re- OF ORDINANCE NO..1'quest a rebate is in the 76-03 PROVIDING FOR fiscal year in which a A REBATE OF FRAN-', customer pays such CHISE FEES FOR EX-I fees to the Company. EMPT SALES OF NAT-I NOW, THEREFORE, URAL AND MIXED BE IT ORDAINED BYSTATE OF IOWA {SS.• GAS TO CUSTOMERS THE CITY COUNCILIL OF PEOPLES NATU-, OF THE CITY OF DU- RAL-GAS, ITS SUC- BUQUE,IOWA: DUBUQUE COUNTY i LESSORS AND AS- Section 1.Section 3 of SIGNS, AND ESTAB- Ordinance No. 59-03 LISHING A PROCE- and Section 3 of Ordi- DURE FOR REQUEST-; nance No. 76-03 are ING A REBATE OF hereby repealed. SUCH FEES - Section 2. Ordinance CERTIFICATION OF PUBLICATION Whereas, Ordinance 1 No. 59-03 and Ordi-_ No. 43-93 granted to 1 nance No. 76-03 are Peoples Natural Gas" amended by adopting Company (the Compa- the following Section 3: ny), its successors and 1 . Section 3. assigns,a franchise to'Ii (1) Effective July 1, maintain and operate a 2013, the fee Imposed ; I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa i gas distribution system by Section 1 of Ordi- in the City of Dubuque, nance No. 59-03, as corporation,publisher of the Telegraph newspaper of general circulation Iowa;and amended by Section 1 Herald,ap per Whereas, Black Hills of Ordinance No.76-03 • published in the City of Dubuque, County of Dubuque and State of Iowa; hereby Energy Is the successor and Section 1 of Ordi- to Peoples Natural Gas ; nance No. 8-10, shall certify that the attached notice was published in said newspaper on the following Company;and not apply to any sale of - Whereas, Ordinance natural and mixed gas , dates: February 07, 2014, and for which the charge is $37.20. No, 43-93 authorized by the Company that is the City Council to im- exempt under Iowa ! pose a franchise fee Code Sec. 423.3 from not to exceed 3% of the tax imposed by lo- the gross revenue of wa Code Sec.423.2 and the Company generat- in computing the ed from the sale of nat- amount of the fee,the ://t.e ural and mixed gas Company shall not in- , within the city;and clude such sales, un- Whereas, Ordinance less it is impracticable No.59-03, as amended to so;In which event by Ordinance No. 76- the City Manager shall . 7)6( g.- 03, imposed upon the provide a rebate of the Company a fee equal amount of the fee for to 2%of the gross rev- such exempt sales of enue generated from natural and mixed gas the sale of natural and to Company's custom- mixed gas within the ers provided a written city and stated that request is submitted Subscribed to.before me, a otary Public in and for Dubuque County, Iowa, certain sales were ex- by a customer to the empt from the fee and City Manager In the ? that a procedure for City's fiscal year(July 1 this ! day f l *.-ar L/ , 20 the rebate of such ex- -June 30)in which the empt fees would be customer pays such provided but did not fees. establish a procedure (2)Any rebate of fran- 'for requesting such re- chise fees which may bates;and have been available Whereas, Ordinance under any prior 1111 / IIIMI _ _ -_ -_ -- No.59-03,as amended amendment or ordi- by Ordinance No.8-10, nance which was notdr increased the fee to paid prior to July 1, ifotary Public in and for Dubuque County, Iowa. 3% of the gross reve- 2013, is declared void nue generated from , and any claim for any the sale of natural and ' such rebate shall not mixed gas within the be honored or paid by city;and . - the city. Whereas,'certain cus- ` Passed,approved and tomers of the Company adopted the 3rd day of did not request a re- February,2014. loo-AlMARY K.WESTERMEYERbate of such fees until Is/Roy D.Buol,Mayor : Commission Number 154885 December of 2013;and Attest:/s/Kevin S. Whereas, the City Firnstahl,City Clerk ro WMy Comm. Exp. FEB. 1,2017 Council of the City of Published officially in Dubuque finds that the the Telegraph Herald delay in requesting a newspaper on'the 7th . rebate is not a reason- day of February,2014. able period of time and /s/Kevin S.Firnstahl, that It Is not in the best City Clerk interests of the citizens It 2/7