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Kennedy <br />Graven <br />470 Pillsbury Center <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />httpa/www.kennedy-graven.com <br />JAMES M. STROMMEN <br />Attorney at Law <br />Direct Dial (612) 337-9233 <br />email: jstrommen@kennedy-graven.com <br />November 19, 2002 <br />Les Proper <br />Public Works Director <br />City of New Brighton <br />803 5th Avenue NW <br />New Brighton, MN 55112 <br />Re: Gas and Electric Franchises With Xcel <br />Our File No. NEI 36-154 <br />Dear Les: <br />Enclosed for your city council review and adoption on November 26, 2002, please find the <br />following: <br />1. City/Xcel Gas Franchise Ordinance; <br />2. City/Xcel Gas Franchise .Fee Ordinance; <br />3. City/Xcel Electric Franchise Ordinance; and <br />4. City/Xcel Electric Franchise Fee Ordinance. <br />These four ordinances can be adopted simultaneously. They have been reviewed and approved <br />by Xcel. The publication expense will be paid by the company pursuant to the terms of each <br />agreement. We expect that Xcel will be submitting its written acceptance of these franchises <br />pursuant to Section 2.2 of each ordinance. Although 60 days is allowed for the acceptance and <br />for the imposition of a franchise fee, it is my understanding that Xcel will be implementing the <br />franchise, as agreed, on both its gas and electric customers beginning on January 1, 2003. <br />I will be in attendance at the November 26 meeting to answer any questions. It appears that all <br />hatters have been agreed upon and the matter can go forward without further change. Please <br />make available the schedule of franchise fees that would be attached as Exhibit A to the fee <br />ordinance for our meeting on November 26. <br />Thank you for your assistance in this ]matter. If you should have any questions, please call. <br />JMS-223655v1 <br />NE136-154 <br />