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ORDINANCE NO. 863 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW 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 following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it 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 City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Center Point Energy (formerly Reliant, formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements in the amount of four percent (4%) of Center Point Energy's gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy's January 2012 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 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 public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Center Point Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Center Point Energy shall permit the City and its designated representative free access to the company's records for the purpose of verifying such statements.