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. e . ..... City of Mounds View ORDINANCE NO. 687 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERA- TIONS WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2002 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1, The City of Mounds View Municipal Code Appendix D Is hereby amended to include reference to the follow- ing Special Ordinance. Subdivision 1. Purpose, The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric 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 Mounds View (the "City") and Xcel Energy (formerly Northern States Power Company), a franchise fee of not more than four (4,0) percent of Xcel Energy's 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. transport. sell and distribute nat- ural gas for heating, illuminating and other purposes as outlined in Section .2 of Ordinance Nos. 517 and 518. Subd. 2. Franchise Fee Statement. 1\. franchise fee is hereby imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four (4.0) percent of Xcel Energy's gross revenues, as defined in Section.4.2 of the Franchise .Agreements, commencing with Xcel Energy's January 2002 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility com- pany to add to its effective rates for the utility service on which the public utility gross earn- ings fee is imposed, a surcharge to reim- burse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues, Xcel Energy shall make each payment when due and shall quarterly fumish a complete and correct statement of gross revenues for said quarter, Xcel Energy shall permit the City and its designat- ed representative free access to the compa- ny's records for the purpose of verifying such statements, Subd, 6, Enforcement. Any dis- pute, including enforcement of a default regarding this. ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7, Effective Date of Franchise Fee, Notwithstanding the effec- tive date of this ordinance and notwithStand- ing any contrary provisions in Section 4 of the Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopt- ed ordinance upon Xcel Energy by certified mail, . Subd, 8. Sunset Clause, This ordinance shall automatically sunset on December 31, 2002. SECTION 2, This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 22nd day of October, 2001, . Read and passed by the City Council. of the city of Mounds View this 13th day of November, 2001. . . Rich Sonterre, Maycir Kathleen F. Miller, City Clerk- Administrator APPROVED AS TO FORM: City Attorney (November 22,2001) Mounds View, New Brighton, St. AnlhonyFocus News