Loading...
HomeMy WebLinkAbout5149-02/18/2013Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5149 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA, A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 18 YEARS. WHEREAS, the City of Waterloo, Iowa, and MidAmerican Energy Company entered into a franchise agreement Ordinance No. 5029, adopted by the City Council on February 21, 2011, and WHEREAS, the City of Waterloo and MidAmerican Energy Company agree the franchise must be amended to clarify the intent of the parties, and WHEREAS, pursuant to the provisions of Section 364.2, subsection (4)(f) of the Code of Iowa, the City has prepared a Revenue Purpose Statement outlining the purposes for which the City shall use the franchise fee revenues that will be received if the proposed ordinance is adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: 1. That the Preamble of Ordinance No. 5029 is struck and the following Preamble is substituted: An ordinance granting to MidAmerican Energy Company, its successors and assigns the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, a natural gas system to furnish and sell natural gas to the City and its inhabitants, and authorizing the City to collect franchise fees for a period of 18 years. 2. That Section 1 of Ordinance No. 5029 is struck and the following Section 1 is substituted: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City," a gas - distribution system to furnish natural gas along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell natural gas to the City and its inhabitants. For the term of this Ordinance No. 5149 Page 2 franchise, the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for an eighteen (18) year period from and after the effective date of this ordinance, however, that either the City or the Company may, during the first ninety (90) days following the eighth ( 8th) and twelfth (12th) anniversaries of the effective date of the franchise, provide written notice to the other party of its desire to amend the franchise. The parties shall negotiate these amendments in good faith for a period of up to ninety (90) days following receipt of notice. If, at the conclusion of the negotiation period, the City determines in good faith that the franchise, if continued without amendment, will have a material or significant adverse impact on the City or the Company's natural gas customers located within the corporate limits of the City, the City may terminate the franchise. The City shall have the burden to objectively demonstrate the material or significant adverse impact. Failure to amend the franchise at the first option does not render invalid the City's second option to amend the franchise. 3. That Section 13 of Ordinance No. 5029 is hereby struck and the following Section 13 is substituted: Section 13. There is hereby imposed upon, and shall be collected from persons located within the corporate limits of the City who are retail natural gas customers of the Company, receiving service pursuant to the tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible accounts, derived by the Company from the delivery and sale of natural gas to such customers. The Company shall remit such franchise fees to the City within sixty (60) days of collection. City imposes the following franchise fee upon the following revenue classes, effective July 1, 2013 and July 1, 2014, for the length of the franchise agreement: 7/1/13 7/1/14 • Residential Customers 20 30 • Non -Residential Customers 20 3% INTRODUCED: February 18, 2013 PASSED 1St CONSIDERATION: February 18, 2013 PASSED 2nd CONSIDERATION: February 18, 2013 PASSED 3rd CONSIDERATION: February 18, 2013 Ordinance No. 5149 Page 3 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 18th day of February, 2013, and approved by the Mayor on the 18th day of February, 2013. ATTEST: Suzy Sc ares, CMC City Cl rk nest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5149, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 18th day of February, 2013. 2013. SEAL Witness my hand and seal of office this 18th day of February, Suzy ScIares, CMC City Clerk STATE OF IOWA, I Black Hawk County, ORDINANCE NO. 5149 AN ORDINANCE GRANTING TO MI- DAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CON- STRUCT, ERSGT; MAINTAIN AND OP- ERATE IN THE CITY OF WATERLOO, IOWA, A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS, TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 18 YEARS. WHEREAS, the City of Waterloo, Iowa, and MidAmerican Energy Companyen- tered into a franchise agreement 0rdl- nanpe No. 5029, adopted by'the City Council on February 21, 2011, and 'WHEREAS, the City of Waterloo and Mi- dAmerican Energy Company agree the franchise must be amended to clarify the intent of the parties, and WHEREAS, pursuant to the provisions of Section 364.2, subsection (4)(fl of the Code of Iowa, the Cityhasprepared a Revenue Purpose Stat@@menti outlining the purposes for which the City shall use the franchise fee revenues that will be received if the proposed ordinance is adopted NOW, THEREFORE, 89 IT RESOLVED by the City Council of the City of Water- loo, Iowa, as follows: 17hat the Preamble of. Ordinance No. 5029 is struck and the following Pream- ble is substituted: An ordinance granting to MidAmerican Energy Company, its successors and assigns the right and non-exclusive fran- chise to acquire, construct, erect, main- tain and operate in the City of Waterloo, Iowa, a natural gas system to furnish and sell natural gas to the City and its inhab- itants, and authorizing the City to collect franchise fees for a period of 18 years. 2. That Section I of Ordinance No. 5029 is struck and the following Section 1 is substituted: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Com- pany," and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City," a gas - distribution system to furnish natural gas along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell natural gas to the City and its inhabitants. For the. term of this franchise; the Company is granted the right of eminent domain, the exercise of which is subject to City Coun- cil approval upon application by the Company. This franchise shall be effec- tive for an eighteen (18) year period from and after the effective date of this ordi- nance, however, that either the City or the Company may, during the first ninety (90) days following the eighth (8th) and" twelfth (12th) anniversaries of the effec- tive date of the franchise, provide written notice to the other party of its desire to amend the franchise. The parties shall negotiate these amendments in good faith for a period of up to ninety (90) days following receipt of notice. If, at the con- clusion of the negotiation period, the City determines in good faith that the fran- chise; if continued without amendment, will have a material or significant ad- verse impact on the City or the Compa- ny's natural gas customers located with- in the corporate limits of the City, the City may terminate the franchise. The City shall have the burden to objectively demonstrate the material or significant adverse impact. Failure to amend the franchise at the first option does not ren- der invalid the City's second option to amend the franchise. 3.ThatSection 13 of Ordinance No. 5029 is hereby struck and the following Sec- tion 13 is substituted: Section 13 Th—A ie herahv imnncnd I do solemnly swear that the annexed copy of legal City of Waterloo SS Ordinance No. 5149 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 7th day of March, 2013 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $45.95 Subscribed and sworn to Day of A Received of the sum of Signed me this I "1 Notary Dollars. In full for publication of the above notice.