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ATTACHMENT F <br />ORDINANCE NO. <br />CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL <br />ENERGY'S ELECTRIC OPERATIONS WITHIN THE CITY OF NEW <br />BRIGHTON <br />THE CITY OF NEW BRIGHTON ORDAINS: <br />SECTION 1. The City of New Brighton Municipal Code Appendix _ is hereby amended to <br />include reference to the following Special Ordinance. <br />Subdivision 1. Purpose. The New Brighton City Council has determined that it is in the <br />best interest of the City to impose a franchise fee on those public utility companies that provide <br />natural gas and electric services within the City of New Brighton. <br />a. Pursuant to City Ordinance No. , a Franchise Agreement between the City <br />and Xcel Energy, the City has the right to impose a franchise fee on Xcel in amount and <br />fee design as set forth in Section 7.1 of the Xcel Franchise. <br />Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy <br />under its electric Franchise in the amount of ( %) percent of Xcel's gross revenues, <br />commencing with the Xcel's January 2003 billing month. <br />Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with <br />the terms set forth in Section of the Franchise. <br />Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission <br />requires each said utility company to add to its effect rates for the utility service on which the <br />public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for <br />the cost of the fee. <br />Subd. 5. Proof of Company Gross Revenues. Xcel shall make each payment when due <br />and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. <br />Xcel shall permit the City and its designated representative free access to the company's records <br />for the purpose of verifying such statements. <br />Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this <br />ordinance will be resolved in accordance with 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 Section 7 of the Franchise, the <br />effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) <br />JMS- 220568v1 <br />NIi136 -154 <br />