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. . . Ordinance 622 Page 2 SECTION III. PAYMENT Said franchise fee shall be payable to the City in accordance with the tenns set forth in Section 4 of the Franchise Agreements. SECTION IV. SURCHARGE The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility services on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. SECTION V. PROOF OF COMPANY GROSS REVENUES Each said utility company shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Such utility company shall pennit the City and its designated representative free access to the company's records for the purpose of verifying such statements. SECTION VI. ENFORCEMENT Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreements. SECTION VII. EFFECTIVE DATE OF FRANCmSE FEE Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the present Electric Energy Franchise Agreement and Gas Energy Franchise Agreement, Ordinance Nos. 517 and 518, respectively, the effective date of the fee being collected under Subdivision 1 of Section II of this ordinance is the later of ten (10) days after its publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Northern States Power Company by certified mail. The requirements of Section 4.1 of both Ordinance Nos. 517 and 518 shall control franchise fee collections between the City and Northern States Power Company in all other respects. SECTION VIII. SUNSET CLAUSE This ordinance shall automatically sunset on December 3 1, 1999. Ordinance Introduction: Date of Publication: Effective Date: October J 3, J 998 December /6, /998 January J 6, J 999 ~v~ MaCff { cJJf ...... Clerk -Administrator ATTEST: (SEAL)