Code of Ordinances Amendment - Black Hills Energy/Peoples Natural Gas Copyright 2014
City of Dubuque Action Items # 2.
ITEM TITLE: Code of Ordinances Amendment - Black Hills Energy
SUMMARY: ORDINANCE Amending and Restating Ordinance No. 59-03, as Amended
by Ordinance Nos. 76-03, 8-10, 7-14 Establishing a Franchise Fee of 3%
of the Gross Revenue of Peoples Natural Gas Company, its Successors
and Assigns, Generated from the Distribution and Sale of Natural Gas or
Mixed Gas Within the City of Dubuque by increasing the franchise fee to
5%
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Ordinance Ordinance
❑ Suggested_Motion A& B Supporting Documentation
ORDINANCE NO. 15-15
AMENDING AND RESTATING ORDINANCE NO. 59-03, AS AMENDED BY
ORDINANCE NOS. 76-03, 8-10, 7-14 ESTABLISHING A FRANCHISE FEE OF 3% OF
THE GROSS REVENUE OF PEOPLES NATURAL GAS COMPANY, ITS
SUCCESSORS AND ASSIGNS, GENERATED FROM THE DISTRIBUTION AND
SALE OF NATURAL GAS OR MIXED GAS WITHIN THE CITY OF DUBUQUE BY
INCREASING THE FRANCHISE FEE TO 5%
Whereas, Ordinance No. 59-03, as amended by Ordinance Nos. 76-03, 8-10,
and 7-14, established a franchise fee of 3% of the gross revenue of Peoples Natural
Gas Company, its successors and assigns, generated from the sale of natural gas and
mixed gas within the City of Dubuque; and
Whereas, Black HiIls/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy
(the Company) is a successor to Peoples Natural Gas Company; and
Whereas, Ordinance No. 02-15 authorizes the City Council to impose a franchise
fee not to exceed 5% on the gross revenue of the Company generated from the sale of
natural and mixed gas within the City; and
Whereas, the City Council finds that it is in the best interests of the City of
Dubuque to impose a franchise fee of 5%.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Ordinance No. 59-03, as amended by Ordinance Nos. 76-03, 8-10, and 7-14 is
amended and restated as follows:
Section 1. Effective June 1, 2015, and for the term of the franchise granted to the
Company, there is hereby imposed upon the Company a fee equal to five percent (5%)
of the gross revenue generated from the sale, distribution, or transportation of natural
and mixed gas of Company within the City of Dubuque.
Section 2. 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, distribution, or transportation 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, distribution, or transportation 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.
This ordinance takes effect upon publication.
Passed, approved and adopted the 12th day of March, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
Roy D. Buol, Mayor
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: March 18, 2015, and for which the charge is $30.96.
Pay
Subscribed to before #✓1a Notary Public in and for Dubuque County, Iowa,
this "Of day o , 20 .
Notary Public in and for Dubuque County, Iowa.
1P a»°nfz4;E dt�
ommission Number 154885
E FEB, 1, 2017 J
OFFICIAL
PUBLICATION
ORDINANCE NO, 15-15
AMENDING" AND
RESTATING ORDI-
NANCE NO. 59-03,. "AS
AMENDED BY ORDI-
NANCE NOS. 76-03; 8-
10, 7-14 ESTABLISHING
A FRANCHISE FEE OF
3% OF THE GROSS
REVENUE OF PEOPLES
NATURAL GAS 'COM-
PANY, \ITS SUCCES-
SORS AND ASSIGNS,
GENERATED FROM THE
DISTRIBUTION AND
SALE OF NATURAL GAS
OR MIXED GAS WITHIN
THE CITY OF DUBUQUE
BY INCREASING THE
FRANCHISE FEE TO 5%
Whereas, Ordinance
No. 59-03,,,as amended
by Ordinance Nos. 76-
03, " 8-10„ and s;7-14,
established a franchise
fee of 3% of the gross
revenue of Peoples.
Natural Gas Company,
its successors 'and
assigns, generated
from the sale' of natural
gas and mixed gas
within the City of
Dubuque and.::-
- Whereas, .
Iowa "Gas. Utility Com
pant', LLC d/b/a; Black
Hills Energy, (the Com-
pany). is a successor. to
;Peoples Natural ,Ga -s
Company; and
Whereas,' Ordinance
No. 02-15 ” authorizes
the City Council to
impose, a franchise fee
not to exceed -5% on
the gross revenue of
the Company gener-
ated from the sale of
natural and 'Mixed gas
within the "City and
Whereas, the City
Council finds thdt it is
in the best interdsts of
the City of Dubuque to .I
impose a franchise fee
of 5%.
NOW, THEREFORE, BE
IT" ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Ordinance No. 59-03, ,!
as amiended by �1
Ordinance Nos. 76-03, 8-
10, , and '7-14 < is
amended and restated
as follows: -
Section '1.
ollowsSection'1. Effective
June 1, 2015, and for
the term of the
franchisegranted, to
the Company, there. is
I hereby imposed upon
they. Company a '.fee
I equal to five percent
(5%) of the gross
revenue generated
from the sale, dis-
tribution, or transporta-
tion of natural and
mixed gas of Company
within. r, the City of
Dubuque. '
Section. 2. 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, distribution,. or
transportation of na-
tural and
a-tural'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,
distribution; or" trans-
portation unless it, is
impracticable to so, in
which event the City
Managershall 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 < subniitted
by a customer to the
City Manager in the
City's fiscal year (July 1
- June 30) in which the
customer pays such
fees.
This ordinancetakes
effect -• upon publica-
tion. '
Passed, approved and
adopted the 12th day
of March, 2015.
/s/Roy D Buol, Mayor
Attest: /s/Trish. L't
Gleason, Assistant City
Clerk '
Published officially in
the Telegraph Herald
newspaper on the 18th
day of March, 2015.
/s/Trish L. Gleason,
Assistant City Clerk
1t 1/18