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ORDINANCE NO. 812 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL <br /> ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE <br /> CITY OF MOUNDS VIEW <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 <br /> companies that provide natural gas and electric services within the City of Mounds <br /> 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 may be imposed by the City at any time during the 20 year term of the <br /> Franchise. The franchise fee is paid as full compensation for the rights to <br /> transmit and furnish electric energy for light, heat, power and import, transport, <br /> sell and distribute natural gas for heating, illuminating and other purposes as <br /> outlined in 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 three <br /> and three-quarters (3.75) percent of Xcel Energy's gross revenues, as defined in <br /> Section 4.2 of the Franchise Agreements, commencing with Xcel Energy's January <br /> 2009 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 monthly furnish a complete and correct statement of gross <br />