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ORDINANCE NO. 687 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL <br />ENERGY ELECTRIC AND NATURAL GAS OPERATIONS <br />WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2002 <br /> <br />THE CITY OF MOUNDS VIEW ORDAINS: <br /> <br />SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby <br />amended to include reference to the following Special Ordinance. <br /> <br /> Subdivision 1. Purpose. The Mounds View City Council has determined <br />that it is in the best interest of the City to impose a franchise fee on those public <br />utility companies that provide natural gas and electric services within the City of <br />Mounds View. <br /> <br /> a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which <br />are the Franchise Agreements (“Franchise Agreements”) between the City <br />of Mounds View (the “City”) and Xcel Energy (formerly Northern States <br />Power Company), a franchise fee of not more than four (4.0) percent of <br />Xcel Energy’s gross operating revenues may be imposed by the City at <br />any time during the 20 year term of the Franchise. The franchise fee is <br />paid as full compensation for the rights to transmit and furnish electric <br />energy for light, heat, power and import, transport, sell and distribute <br />natural gas for heating, illuminating and other purposes as outlined in <br />Section 2 of Ordinance Nos. 517 and 518. <br /> <br /> Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on <br />Xcel Energy under its electric and natural gas Franchise Agreements in the <br />amount of four (4.0) percent of Xcel Energy’s gross revenues, as defined in <br />Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s <br />January 2002 billing month. <br /> <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 /> <br /> Subd. 4. Surcharge. The City recognizes that the Minnesota Public <br />Utilities Commission requires each said utility company to add to its effective <br />rates for the utility service on which the public utility gross earnings fee is <br />imposed, a surcharge to reimburse such utility company for the cost of the fee. <br /> <br /> Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make <br />each payment when due and shall quarterly furnish a complete and correct <br />statement of gross revenues for said quarter. Xcel Energy shall permit the City