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~ I I Ie . City of Mounds View ORDINANCE NO. 688 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY NATURAL GAS OPERATIONS 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 iO tl:le best interest of the City -to . imPose,a franchise fee on those public utility companies that provide natural gas and electric services within ~he City of Mounds View, ., a, Pursuant to City Ordinance No. E!25, a Franchise Agreement between the City and Reliant Energy {for- merly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 411 of the 'Minhegasco Franchise. . Subd. 2, Franchise Fee Statement. A franchise fee is hereby imposed on Reliant Energy under its natural gas Franchise in the amount of four (4.0) percent of Reliant Energy's gross revenues, as defined in Section 4.1 of the Franchise commencing with Reliant 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 4.4 of the Franchise. .. 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 .eam- 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. Reliant Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quar- ter. Reliant Energy shall permit the City .and its designated representative free access te the company'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 Agreement. 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, the effective date of the fee collected under Subdivision 2 of this ordi- nance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordi- nance upon Reliant Energy by certified mail. Subd. B. 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, Mayor Kathleen F. Miller, City Clerk- Administrator APPROVED AS TO FORM: City Attomey (November 22, 2001) Moun~s View, New Brighton, St. Anthony Focus News