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HomeMy WebLinkAbout2025-11-17 I01G_01 Franchise Fee Ordinance_Set PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 17, 2025 AGENDA ITEM:Consideration of approval of a motion setting December 1, 2025 , as the date of public hearing on an ordinance imposing a franchise fee of 2% of the gross revenues derived by the MidAmerican Energy Company from the transmission or distribution of electricity and natural gas to customers within the corporate limits of the city pursuant to Iowa Code section §364.2. FORMAT:Motion SYNOPSIS INCLUDING PRO & CON: Earlier this year, the City Council elected to place consideration of the sale of the Waukee Municipal Gas Utility on a special election which was overwhelmingly approved in March 2025. The City has recently completed the transaction and the natural gas utility is now owned and operated by MidAmerican Energy Company. Based upon the data provided by MidAmerican Energy, it is estimated that Waukee customers will see as much as a 20% to 25% reduction in natural gas costs with the transition to MidAmerican Energy. There are several positions within the City organization that were partially supported by the revenues of the gas utility including positions in administration, finance, human resources, information technology and public works. In order to backfill the revenues lost with the gas utility sale to support these functions, it is recommended that a franchise fee be adopted on both the natural gas and electric utilities for customers within the City of Waukee. State Code allows for cities to approve a franchise fee up to 5% for uses as described within the revenue purpose statement as adopted by the City. The City of Waukee is one of only a few within the Des Moines Metro that does not currently have a franchise fee which in other communities range from 1% to 5%. Staff is recommending that a Public Hearing be set for December 1, 2025 to consider approval of a franchise fee on the electric and natural gas utilities in the amount of 2% which will be used to replace revenues previously provided by the municipal natural gas utility to support several departments within the City organization. It should be noted that if adopted, the net increase to Waukee utility customers will be 1% versus 2%. Currently a 1% sales tax is collected on all electric and gas utility bills in the City of Waukee. State Code does not allow both a franchise fee and a sales tax to be collected meaning the franchise fee would replace the collection of the sales tax on utility bills. Sales tax is collected at the County level and then distributed to each community based upon a formula as established within State Code. Currently, the City of Waukee only receives 18.84% of the 1% sales tax that is collected on Waukee utility accounts. If adopted, the City would receive 100% of the franchise fee for use within the City of Waukee. I1G1 FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City Staff completed an analysis on the impact of the proposed 2% franchise fee based upon the average residential consumption of both gas and electric as follows: Average Annual Residential Gas Cost (Municipal Utility): $1,021.00 Average Annual Residential Gas Cost (MidAmerican): $796.00 Anticipated Gas Cost Annual Savings: $225.00 Franchise Fee Implementation (assumes 1% increase due to elimination of current 1% sales tax) Average Annual Residential Gas Cost Franchise Fee Increase: $6.00 Average Annual Residential Electric Cost Franchise Fee Increase: $10.00 Annual Franchise Fee Impact to Residential Customer: $16.00 Net Savings to Residential Customer (Gas Cost vs. Franchise Fee): $209.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff recommends setting the Public Hearing Date for December 1, 2025 to discuss the proposed franchise fee implementation ATTACHMENTS: I. Notice of Public Hearing PREPARED BY:Brad Deets, City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: NOTICE OF PUBLIC HEARING A PUBLIC HEARING WILL BE HELD ON AN ORDINANCE IMPOSING A FRANCHISE FEE ON MIDAMERICAN ENERGY COMPANY IN THE AMOUNT OF 2% OF THE GROSS REVENUES DERIVED BY THE COMPANY FROM THE TRANSMISSION OR DISTRIBUTION OF ELECTRICITY AND NATURAL GAS TO CUSTOMERS WITHIN THE CORPORATE LIMITS OF THE CITY PURSUANT TO IOWA CODE SECTION 364.2 (2025). You are hereby notified that the City Council of the City of Waukee, Iowa, will hold a public hearing on the 1st day of December, 2025 at 5:30 p.m. in the City Council Chambers, 230 West Hickman Rd., Waukee, Iowa, on the question of whether to adopt an ordinance imposing a franchise fee of 2% of the gross revenues derived by the MidAmerican Energy Company from the transmission or distribution of electricity and natural gas to customers within the corporate limits of the city pursuant to Iowa Code section 364.2. A copy of the proposed ordinance is on file and available for inspection at the City of Waukee City Hall located at the address set forth above. You are further notified that at the time and place aforesaid all persons desiring it will have the opportunity to be heard for or against said proposal. The City Council, following hearing, may take action on such proposal without further notice or opportunity for hearing. You are further notified that the revenues received from the franchise fees collected will be used as provided in the Revenue Purpose Statement adopted by the City Council of the City of Waukee as follows: REVENUE PURPOSE STATEMENT REGARDING USE OF REVENUE FROM NATURAL GAS AND ELECTRIC FRANCHISE FEES Pursuant to Iowa Code § 364.2(4)(f) the City of Waukee states that all revenue generated from franchise fees assessed on the sales of natural gas and electricity within the City shall be deposited in the franchise fee account in the general fund and shall be used to reimburse the City for all costs associated with inspecting, supervising or otherwise regulating its franchises. Moneys in the franchise fee account in the general fund in excess of the amounts necessary for costs associated with inspecting, supervising or otherwise regulating its franchisees shall be expended for any of the following: a.The repair, remediation, restoration, cleanup, replacement, and improvement of existing public improvements and other publicly owned property, buildings, and facilities. b.Projects designed to prevent or mitigate future disasters as defined in Iowa Code Section 29C.2. c.Energy conservation measures for low-income homeowners, low-income energy assistance programs, and weatherization programs. d.Public safety, including the equipping of fire, police, emergency services, sanitation, street, and civil defense departments. e.The establishment, construction, reconstruction, repair, equipping, remodeling, and extension of public works, public utilities, and public transportation systems. f.The construction, reconstruction, or repair of streets, highways, bridges, sidewalks, pedestrian underpasses and overpasses, street lighting fixtures, and public grounds, and the acquisition of real estate needed for such purposes. g.Property tax abatements, building permit fee abatements, and abatement of other fees for property damaged by a disaster as defined in section 29C.2. h.Economic development activities and projects. i.Property tax relief. The City will use the revenue collected from the gas and electric franchise fee for the aforementioned purposes, and other lawful city purposes, which will provide property tax relief in the form of a deposit to the City's general fund, and the use of such fees collected to pay obligations that would otherwise be paid that fiscal year with a property tax levy. Rebecca D. Schuett, City Clerk