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ORDINANCE N0.7G3 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />AN ORDINANCE IMPLEMENTING A <br />FRANCHISE FEE ON CENTER POINT <br />ENERGY. NATURAL GAS <br />OPERATIONS WITHW THE CffY OF <br />MOUNDS VIEW FOR THE YEAR Zp06 <br />THE CITY OF MOUNDS VIEW <br />ORDAINS: <br />SECTION 1. The City of Mounds View <br />Municipal Code Appendix D is hereby <br />amended to include reference to the <br />following Special Ordinance. <br />Subdivision 1. Purpose. The Mounds <br />View City CouhcN has determined that ft <br />is in the best interest of the City to impose <br />a franchise fee on those public utility <br />companies that provide datural gas and <br />electric .services within the City of <br />Mounds View. <br />a. Pursuant to City Ordinance No. 625, a <br />Franchise Agreement between the City <br />and Center Point Energy (formerly <br />Reliant, formery Minnegasco), the City <br />'has the right to impose a franchise fee of <br />.not more than four (4) percent on <br />Minnegasco in amount and flie designs <br />as set forth in .Section 4.1 of the <br />Minnegasco Franchise. <br />Subd. 2. Frenchise Fee'Statement. A <br />franchise fee is hereby imposed on <br />Center Point Energy under its natural gas <br />Franchise Agreements M the amount of <br />Pout (4.0) percent of Center Point <br />Energy's gross revenues, as defined in <br />Section 4.1 of the Franchise Agreements <br />commencing with Center Point'Errergy's <br />January 2006 btlling rrwnthi <br />Subd. 3: Payment. Thp itlk>l franchise <br />fee shall be payable to 'the City. in <br />accordance witty the temis set forth in <br />Section 4.4 of the Franchise. <br />Subd. 4. Surcharge. The City recognizes <br />that .the Minnesota Public Utilities <br />Commission requires each said utility <br />company to add w its effective retes for <br />the utility service. on which the public <br />utility gross earnings fee is imposed, a <br />surcharge to `reimburse such ;utility- <br />comp~rfY, for the ~M of the ffle~ GrQSS,~, <br />Subd, ,,5, ~'roo( of CRmpany <br />Revenues,, Ctirtt(ir Point -~S~9k:.~~!! <br />make each payment when due Brtd shall <br />quarterly furnish a cerePrenu awn ~~ said <br />statement of gross <br />quarter. Center Point Energy shall pennft <br />the City and its designated reprosentative <br />free access to the company's records for <br />the purpose of verifying such statements. <br />Subd. 6. Enforcement: Any dispute, <br />including- enforcement of a default <br />regarding this ordinance. will be resolved <br />in acaorcfance with the Franchise <br />Agreement. <br />Subd. 7. Effective Date of Franchise <br />Fee. Upon puglication of the ordinance <br />and written rwtice delivered to Center <br />Point Energy by certified mall encbsing a <br />copy of the adopted ordinance, the <br />effective date of the fee collected under <br />Subdivision 2 of this ordinance is January <br />1 2006, Notwithstanding the effective <br />date of this ordinance and notwithstand- <br />ing any ccartrery provisions in Section 4 of <br />,the Franchise Agreements. ' <br />Subd: 8. Sunset Clause. This ordinance. <br />shall automatically sunset on December <br />31, 2006. <br />SECTION 2. This ordinance takes effect <br />as provided herein. <br />Read by the City Council of the City of <br />Mounds View this 9th day of January, <br />2006. <br />Read and passed by the City Council. of <br />the city of Mounds View this 23rd day of <br />January, 2006• <br />Rob Marty, Mayor <br />Kurt Ulrich, Cfty Clerk-Administrator <br />APPROVED AS TO FORM: <br />City Attorney <br />(Bulletin: Feb. 1,2006) <br />• <br />• <br />• <br />