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, /.... - .I / ,"' . City of Mounds View ORD,INANCE NO. 671 CITY OF MOUNDS VIEW ,.COUNTY Of RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE. FEE 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 fol- lowing Special Ordinance. . ' Subdivision 1. Purpose. The Mounds View Clty Council has determined that it Is in the best interest of the City to Impose a franchise feEl' on those public utility com- panies ltIat provide natural gas and alee- . tric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise Agreements ("Franchise Agreements") between the City of Mqunds View (the "City") and N'orthern St$tes Power Company ("NSP"), a frenchlse fee of not more than four (4.0) percent of NSP's gross operating revenues may be Imposed by the City at any time during the 20. year term of the Franchise. The fran- chise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power ,and Import, transport, sell and distribute natural gas for heating, illuminating and other purpos- es as outlined In Section 2 of Ordinance Nos. 517 and 518. . . Subd. 2. Franchise Fee Statement. A franchise fee Is hereby imposed on NSP under its electric and natural gas Franchise Agreements In the amount of four (4.0) percent of NSP's gross rev- enues as defined In Section 4.2 of the Franchise Agreements, commencing with NSP's January 2001 billing month. Subd. 3. Paymenr. The said frenchlse fee shall be Pllyable to the City in accor. dance with the terms set forth in Section 4 of the Frenchlse Agreements. Subd.' 4. Surcharge. The City r~~~g- nizes that the Minnesota Public Ulllltles Commission requires each said utility company to add to its effective rates for the utility service on which the public utili- ty gross earoings fee Is imposed, a sur- charge to reimburSe such utility company for the cost of the fee. Subd. J". f>.roc~ of Company Gross Revenues. NSP shall make each pay- ment when due and shall quanerly furnish a complete and correct Statement of gross revenues for said quarter. NSP ~hall per- mit the City and Its designated representa- tive free access to the company's records for the purpose of verifying such "'ate. ments. . Subd. 6. . Enforcement. Aoy dispute, including enforcement of a default regard~ ing this ordinance will be, resolved in accordance with the Franchise Agreements; Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date 'of this ordinance and notwithstanding any contrary provisions' In Section 4 of the Franchise Agreements, the. effective date of the fee collected .under Subdivision 2 o! this ordinance is theiater oUen(10) days after the publication and after the sendl~g of written notice enclos!ng a copy of thiS ad,opted ordinance upon NSP by certified mall. '. Subd. 8. Sunset Clause. This ordi- nance shall 'automatically sunset on December 31,2001. SECTION 2. This ordinance take,S etfectas provided herein. , Read by the City Council of the City of Mounds View this 25th day of September, 2000. Read and passed by the City Council of the city of Mounds View this 10th day of October, 2000. . . Dan Coughlin, Mayor Kathleen .F. Miller, City Clerk-Administrator APPROVED AS TO FORM: City Attorney , . (October 19. 2000) Mounds View, New Brighton, SI; Anthony Fpcus News . .' .