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ORDINANCE N0.767 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON <br />XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS <br />WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2006 <br />THE CITY OF MOUNDS VIEW ORDAINS: <br />SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended <br />to include reference to the following Special Ordinance. <br />Subdivision 1. Purpose. The Mounds View City Council has determined that it is <br />in the best interest of the City to impose a franchise fee on those public utility companies <br />that provide 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 <br />View (the "City") and Xcel Energy (formerly Northern States Power Company), a <br />franchise fee of not more than four (4.0) percent of Xcel Energy's gross operating <br />revenues maybe imposed by the City at any time during the 20 year term of the <br />Franchise. The franchise fee is paid as full compensation, and in lieu of any <br />permit or other fees being imposed on Xcel Energy, for the rights to transmit and <br />furnish electric energy for light, heat, power and import, transport, sell and <br />distribute natural gas for heating, illuminating and other purposes as outlined in <br />Section 2 of Ordinance Nos. 517 and 518. <br />Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel <br />Energy under its electric and natural gas Franchise Agreements in .the amount of four <br />(4.0) percent of Xcel Energy's gross revenues, as defined in Section 4.2 of the Franchise <br />Agreements, commencing with Xcel Energy's January 2005 billing month. <br />Subd. 3. Payment. The said franchise fee.. shall be payable to the City in <br />accordance with the terms set forth in Section 4 of the Franchise Agreements. <br />Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities <br />Commission requires each said utility company to add to its effective rates for the utility <br />service on which the public utility gross earnings fee is imposed, a surcharge to <br />reimburse such utility company for the cost of the fee. <br />Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each <br />payment when due and shall quarterly furnish a complete and correct statement of gross <br />revenues for said quarter. Xcel Energy shall permit the City and its designated <br />