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ORDINANCE NO. 8 3 7 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF NEW BRIGHTON THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS as follows: SECTION 1. The City of New Brighton Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. PuMose. The New Brighton 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 electric services within the City of New Brighton. (a) Pursuant to City Ordinance 700, a Franchise Agreement between the City of New Brighton and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM March, 2016 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. PaXtnent. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of. the Franchise.