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ORDINANCE NO.77t3 CITY OF MOUNDS'VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ~1DHNANCE RAPLEMENTIIr>ti A FRANCFIIEE FEE oN XC~L ENERtiY ELECTRIC AND NATtltiAL QAS OPERATIONS WITHIN THE CI1'tf OF MOUNDS VHEW FOR THE YEAR 2007 THE CITY. OF MOUNbS VIEW ORDAINS: SECTION 1. The' City of Mounds View MunicipaV Code Appendix D is hereby amended to include reference to the following Speaal Ordinance. Subdivision 1. Pu-pose. The Mounds View City Council has determined that it is irrthe best interest Of the Cilyto impose. E} french~e fee on tftose public utility ;txlhtpanies that prov~ natural gas and efeCNic services wdhlm the City of Mounds View. a. PUriuanY t0 Gity Ordinance No. 517 and Or~hance No. 518, .which are the Franotiise Agreements ("Franchise Agreements") between the City of fulounds View (the"'"City") and Xcel Energy (formerly Northam States Power Company), a franchfse fee of not more than four (4.0) percent of Xcel Energy's gross, operating revenues may be .imposed. by the City at.arry time during the 20 year term of the Franchise. The irenchfse fee Is paid as full compensation for :the righffi to transmit and furnish electric energy for 1igM, heat, power and `import, transport, salt and distribute naturalgas fior'headng, illuminating and other purposes as outlined"in Section 2 of ' ordinance Nee.;517 and sit). Sutxl. 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) percent of XCeI Energy's gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with Xcel Energy's January 2007 'Wiling month'. Sutxl. 8•,.Fayment. The said franchise fee shaih .be payable to the City in accordance with the temps set forth in Section 4 of the Franchise Agreements. Sued. 4. Surcharge: The City recognizes that the Minnesota Public Utilities Commission requires each. said utility company to add to its effective rates. for the utility service on which the pubic utility gross earnings fee is imposed, a surcharge to reimburse such .utility company for the rust of the fee. Subd. 5. Proof of Company Gross Revenues.. Xcel Energy shall make each .payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Xcel Energy shall permit the City and its ' designated representative, free access to the company's rsoords frx the purpose of ~rffyin9 sucd c~eman~. Subd. 13. Enfo-~cement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreemerrts. Subd. 7. Effective Date of Franchise tFee,. Notwithstanding the effectivend~ate of ca~~lons nip o! tlib' Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the .publication and after the sending of written notice enclosing a ' copy of this adopted ordinance upon Xcel Energy uy certified mail, , Subd. 0, Sunset Olause. This ordinance ah811 autorrxitleelly sunset on December 31,•2007.. SECTIOIJ 2. This ordinar-oe takes effect as,provided herein. Read by the City Councl of the City of Mounds View this..2t}th'day of August, 2006. Read and passed by the City Council of the city of Mounds. View this 11th day of September, 2006. Rob Marty, Mayor Kurt Ulrich, City Clefk-Administrator APPROVED AS TO FORM: City Attorney (Bulletin: Sept. 20,.2006) • •