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Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when <br />due and, if requested by the City, shall provide at the time of each payment a statement <br />summarizing how the franchise fee payment was determined, including information showing any <br />adjustments to the total surcharge billed in the period for which the payment is being made to <br />account for any 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 by the provisions of this Subdivision 7, provided fee collection will <br />not commence before the later of the Company billing month set forth in subdivision 2 or the <br />first billing month commencing 20 days after the foregoing effective date of the franchise fee. <br />Subd. 8. Sunset Clause. This Ordinance shall automatically sunset on December 31, <br />2008, unless the City Council acts to renew or extend the fee at least six (6) months prior to the <br />sunset date. The City Council may unilaterally renew or extend the fee on the same terms and <br />conditions. Without waiver of any rights under Minnesota law, the City Council shall seek <br />agreement from Company if the City intends to change the fee rate or fee design. <br />SECTION 2. This ordinance takes effect as provided herein. <br />Read by the City Council of the City of Little Canada this _ day of , 2003. <br />Read and passed by the City Council of the City of Little Canada this day of <br />, 2003. <br />, Mayor <br />APPROVED AS TO FORM: <br />Thomas Sweeney, City Attorney <br />, City Clerk/Administrator <br />