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ORDINANCE N0.722 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL <br />ENERGY ELECTRIC AND NATURAL GAS. OPERATIONS WITHIN <br />THE CITY OF MOUNDS VIEW FOR THE YEAR 2004 <br />THE CITY OF MOUNDS VIEW ORDAINS: <br />SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to <br />include reference to the following Special Ordinance. <br />Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the <br />best interest of the City to impose a franchise fee on those public utility companies that provide <br />natural gas and electric services within the City of Mounds View. <br />a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the <br />Franchise Agreements ("Franchise Agreements") between the City of Mounds View (the <br />"City") and Xcel Energy (formerly Northern States Power Company), a franchise fee of <br />not more than four (4.0) percent of Xcel Energy's gross operating revenues may be <br />• imposed by the City at any time during the 20 year term of the Franchise. The franchise <br />fee is paid as full compensation for the rights to transmit and furnish electric energy for <br />light, heat, power and import, transport, sell and distribute natural gas for heating, <br />illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. <br />Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy <br />under its electric and natural gas Franchise Agreements in the amount of four (4.0) percent of <br />Xcel Energy's gross revenues, as defined in Section 4.2 of the Franchise Agreements, <br />commencing with Xcel Energy's January 2004 billing month. <br />Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with <br />the terms set forth in Section 4 of the Franchise Agreements. <br />Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission <br />requires each said utility company to add to its effective rates for the utility service on which the <br />public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for <br />the cost of the fee. <br />Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each payment <br />when due and shall quarterly furnish a complete and correct statement of gross revenues for said <br />quarter. Xcel Energy shall permit the City and its designated representative free access to the <br />company's records for the purpose of verifying such statements. <br />• <br />\\tmut\F inance\Taxes\FranchiseUCcelEnergyOrd.docSJR-186450v2 <br />MU125-83 <br />