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ORDINANCE N0.779 <br />CITY OF MOUNDS VIEW VIEW FOp THE YEAR 20if7 <br />Gt~UNTt! OF Rf1MSElf THE CITY OF MOUNDS VIEW <br />ORDAINS: <br />STATE OF MINNESOTA ~ SECTION 1. The City of Mounds View <br />AN ORDINANCE IMRLEMENTING. A Municipal Code Appendix D Is hereby <br />FRAI~HISE FEE ON :CENTER ROMT amended to include reference to the <br />ENERGY NATURAL GA8 ORBRA- following Special Ordinance. <br />TIpN3 tflfll'MN THE CIT1f OF MOUNDS Subdivision 1. Purpose. The Mounds <br />__ _ _ View City Counclt flee determined that ft <br /> ~ is in the best interest,of the city to impose <br /> a hanchise fee on ttwse public utility <br /> companies that ptpvlde natural gas and <br /> electric services whhin the Gty 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, formerly Mkrnegasco), the City <br /> has the right to impose a franchise tee of <br /> not more than four (4) percent on <br /> Minnegasco in amount and fee designs <br /> as set. forth in Section 4.1 of the <br /> Minnegasco Franchiss: <br /> Subd. 2. Frentitive Fee .Statement. A <br /> franchise fee is hsnby imposed on <br /> Center Point Energy ~rrttlvr Nv natural gas <br /> Franchi~ kf the. aramunt of <br /> four (4.d) percent of Cenbr Point <br /> Energy's groom revernras, as ds4krvd in <br /> Section 4.1 of tfre Frarrr~fM re <br /> commenting with CerNsr PoNrt Etrvrgy's <br /> January 2007 billing matMt. <br /> .Subd. 3. Payment. Thv vNd~ v <br /> fee shall be payable to tit. OFy In <br /> aCCOrdanoe with the ramie set forNt ;^ <br /> .Section 4.4 of tite Franchise.. <br /> Subd. 4. Surcharge. The City recogrlgv <br /> ..that the Minnesota Publio Utfllp <br /> Commission requires each said arty <br /> comparry to add to its effective rates ~ <br /> the utility service on which the pub <br /> utUity gross earnings fee is imposed, <br /> surcharge to reimburse such utiNt, <br /> company for the cost of the fee. <br /> 3ubd. 5. Proof of Company Gross <br /> Revenues. Center PotnE Energy shall <br /> make each payment when due and ahatl <br /> quarterly famish a .complete and Correct <br /> statement of gross revenues for saki <br /> quarter. Center Point Energy shalt permit <br /> fhe City and its designated representative <br /> free access to the company's records for <br /> the purpose of verifying such statements. <br /> Sutxi. 6. Enforcement. Any dispute, <br /> including enforcement of a default <br /> regarding this ordinance wilt be revolved <br /> in accordance with the Franchise <br /> Agreement.. <br /> Subd. 7. Effectlve' Date of Frandtiae <br /> Fee. Notwithstanding the effective date of <br /> this ordinance and notwithstanding arty <br /> contrary provisions in Section 4 of the <br /> Franchise, the effective dare of the fee <br /> collected under Subdivision 2 of this <br /> ordinance is the -later of ten (10) days <br /> after the publication and after the sendutig <br /> of written notice endosing a.COp~r of <br /> 'ad(3pted ordinance upon Center Point <br /> °>irtargy by certified mail. <br /> Subd. 8. Sunset Clause. This ordinance . <br /> shall automatically sunset on December <br /> 31, 2007. <br /> SECTION 2. This ordinance takes effect <br /> as provkled herein. <br /> Read by the City Council of the City of <br /> Mounds View this .28th day of August, <br /> ~. <br /> Read and passed by the City Council of <br /> the city of Mounds View this 11th day of <br /> • <br />September, 2008. <br /> Rob Marty, Mayar <br /> ..Kurt Ulrich, City Clerk-Administrator <br /> APPROVED AS TO FORM: <br /> City Attom"ey <br /> (Bulletln: Sept. 20, 2006) <br />