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City of Mounds View ORDINANCE NO. 641 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE.IMPLEMl=NTING A FRANCHISEF.EE ON NORTHERN STATES POWER COMPANY ELECTRIC AND NATURAL GAs OPERATIONS WITHIN , THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of MOUnds View Municipal Code Appendix 0 is hereby amended to include reference to the.follow- ing Special Ordinance. Subdivision 1. Purpose. The Mounds View City Gouncil has determined that it is in the best interest of the City to Impose a fran- chise' fee on 'those public utility companies that provide natural'gas and electric services within the City of Mounds View. a. Pursuant to City Ordi.nance No. 517 and Ordinance NO. 518, which are the Franchise Agreements ("Franchise Agreements") between the City of Mounds View (the "City") and Northem States Power c.ompany (the "Company"), a franchise fee of not more than. four (4.0) percent oUhe Northem States Power Company's ("NSP") gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and fumish electric energy for light, heat, power and import, transpo!1, ~II ~nd distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. b. Pursuant to Ordinance No. 622 effeCtive January 16, 1999 the City imposed a franchise fee under NSp1s electric and nat- ural gas Franchi.se Agreements in the amount of two and one-half (2.5) percent of NSP's gross revenues, as defined in Section 4.2 of the Franchise Agreements, subject to a sunset on December 31, '1999. Subd. 2. Franchise Fee Statement. A franchise. fee is hereby imposed on NSP under its electric and natural gas Franchise Agreeinents in the amount of four (4.0) per- cent of NSP's gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing'with NSP's January 2000 billing month. J. . '"* ,.... 'l,. Subd. 3. Payment. The saidfr8nc1lise. fee shall be payable totlie .city inaccor- dance with th!i terms set forth in Section ~ of ' the Franchise Agreeinents. ...... '.. :. Subd.' 4, Sur~arge. The City ~g..~:: nizes that the MlOnesota Public Utllitie.s Commission requires each said utility com-:" pany to add to its effeCt~~ for th~ utility", service on which the public utility gross8lll'f\- . ings fee is imposed, asurcharget~ reim- burse such utility company for the cost of ~ fee. . ," Subd; 5. Proof of Company C3ross" Revenues. .NSP shall make ~ach-paymelll when due and shall quarterly fumish a com- : pleteand' correct statement (If gross{ev- enues for said quarter.' NSP shallpennlt the. CitY and its designated representative free . access to the company's records for the pur- . pose of verifying such statements. . . . . .' .'. Subd. 6. . Enforcement. Any dispute,. including enforcement of a default regai'ding this ordinance wiD be resolved in accorclance with the Franchise Agreements; . '.' Subd. 7. Effective Date ofFranchl~ Fee. Notwithstanding the effective date of this ordinance and notwithstanding any con- tral'f provisions in Section 4 of the Franchise Agreements, the effective date of the fee col: _ lected under Subdivision 2 of this ordinance . is the later of ten (10) dayS after the publica- tion and after the sending of written. notice enclosing a copy of this aoopted ordlnanc:.e'. upon NSP by certified mail. .. . .' " Subd. 8. . Sunset Clause. This ordinance' shall automatically su~t on Decembc:lr 31> . 2000. . ".' SECTION 2. This ordinance takes effect as provided herein. ' Read by the City Council, of th!l City (If Mounds View this 13th day ofSeptembe.r; 1999. Read and passed by the City Council of the city of Mounds View this 11th day of October, 1999. Dan Coughlin, !-1ayor Charles S. Whiting, City Clerk/Administra.tor APPROVED AS TO FQRM: .... -+-", <,' t>',1t ;!' .... t ," Robert C. Long, City Attomey " (December 9, 1999) Mounds View, New Brighton, St. Anthony Focu$ News