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Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when due <br />and, if requested by the City, shall provide at the time of each payment a statement summarizing <br />how the franchise fee payment was determined, including information showing any adjustments to <br />the total surcharge billed in the period for which the payment is being made to account for any <br />uncollectibles, refunds or error corrections. <br />Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this <br />ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. <br />Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this <br />ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the <br />franchise fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the <br />publication or after the sending of written notice enclosing a copy of this adopted ordinance upon <br />Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy’s representatives <br />that Xcel Energy will abide bythe provisions of this Subdivision 7, provided fee collection will not <br />commence before the later of the Company billing month set forth in subdivision 2 or the first <br />billing month commencing 20 days after the foregoing effective date of the franchise fee. <br />’v! Subd. 8. Sunset Clause. This Ordinance shall automatically sunset on December 31, 2008, <br />unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset <br />date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. <br />Without waiver of any rights under Minnesota law, the City Council shall seek agreement from <br />Company if the City intends to change the fee rate or fee design. <br />SECTION 2. This ordinance takes effect as provided herein. <br />Passed bythe City Council of the City of Little Canada this 27th day of <br />August, 2003. <br />Passed and approved: August 27, 2003. <br />I. FaheT~ Mayor <br />ATrEST: <br />Hanson, City Administrator <br />APPROVE~ AS T ,~dvI: <br />Thomas M. Sweeney, CityAttomey 0/