Ordinance No. 722 - Laserfiche WebLink

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ORDINANCE NO: 722 CITY OF MOUNDS VIEW COUNTY OF RAMSEY, .STATE OF MINNESOTA AN ORDINANCE IMPLEMENTINQ A FRANCHISE FEE ON XCEL ENERUY ELECTRIC AND NATURAL t3J13 OPERATIONS WrTHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2004 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 folbwing SPeclai Qrdinance: Subdivision i. Purposex The. Mounds View City Council has determined that h 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 Cky of Mounds Vfew. 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 (tormery Northam 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 feeds paid as full compensation for the rights to transmit and fumish electric energy for light, heat, power. and import, transport, sell and distribute natural gas. for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos, 517 and 518. Subd. 2. Franchise Fee Statement. A franchise fee is hereby. imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four (4.0).perceM of Xrxsl Energy's gross revenues,.as defined in Secriion 4.2 of the Franchise Agreements, commencirtg'with Xcel Energy's January .2004 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 company to add to its effeclive rates for the utility service on which the pubNc utility gross earnings flee fs imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd, 5. Proof of Company Gross Revenues. Xcel Energy shall make each paymem wfien due arm shell quarthdy fumish a complete and carrert statement of grass teygrtpaa f'Drsaid querter';)C~I Energy.:ahall .permit thit Gty and its designated representative free access to the company's records for the purpose'of . verifying such statements. Subd. 8. Enforcement. Any dispute, including. enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreemems. "`,,~ ~S~~~u~bd• 7. Effective Date of Franchise ',Gee. Notwithstanding the effective date of this ordinance and notwithstantling any "'YtSntrery Provisions in Sect~n 4 of. the Franchise Agreements, the effeetNe date of the fee collected under SubdNision 2 of this ordinance is the later of tpn (10) days after the publication and after the sending ofwritten notice enclosing a Dopy of this adopted ordinance upon Xcel Energy by certified mail Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2004. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds Yrew this 8th day of September, 2003. Read and passed by the City Council of the city of Mounds View this 6th day of October, 2003. Jerry. Linke Mayor Kurt UMch City Clerk-Atlminfatrator APPROVED AS TO FORM: Scott Riggs City Attorney (Bulletin: Oct. 22, 2003) i