The City of Monticello, Iowa

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

RESOLUTION #11-35

Resolution to Approve Franchise Fee Rebate to Orbis Manufacturing.

WHEREAS, the City collects a franchise fee on all Alliant electric accounts in the City of Monticello and has a procedure in place to rebate the franchise fee collected by Alliant on tax exempt production electricity, and

WHEREAS, Production Electricity users must complete a City Rebate Form and present same to the City for approval before receiving the rebate or reimbursement, and

WHEREAS, The City of Monticello apparently adopted a “Rebate Program” for production exempt electricity, the terms of same requiring that Rebate/Reimbursement requests must be submitted to the City within thirty (30) days after the end of the quarter to be eligible for the rebate, with the end of the quarter being considered to fall on the last day of the billing cycle which includes the last day of the quarter, and

WHEREAS, Orbis has submitted Rebate requests for all four quarters of ’09 and ’10 to the City, same having been submitted on 2/11/11; all but the 4th quarter of ’10, which ended by the Orbis Alliant statement on January 25, 2011, being delinquent, and

WHEREAS, If the Rebate requests had been timely submitted Orbis would have been entitled to rebates totaling $46,987.28, and

WHEREAS, The Council finds that $46,987.28 should be paid in 24 equal monthly payments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby direct the City Clerk’s Office to pay $46,987.28 to Orbis Manufacturing in 24 equal monthly payments, starting March 2011.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 7th day March, 2011.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, Monticello City Clerk