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~ ~ ,---------- - \ ORDINANCE NO. 701 CITY OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A GAS FRANCHISE FEE ON NORTHERN STATES POWER 018//4/ XCEL ENERGY FOR PROVIDING GAS SERVICE WITHfN ntE CrTY OF NEW BRIGHTON THE CITY OF NEW BRIGHTON ORDAINS: SECTION 1. The City of New Brighton Municipal Code Appendix A is hereby amended to inclUde reference to the following Special Ordinance. SubdIvisIon 1. fIttRgu. 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 gas and electric service within the City of New Brighton, (a) Pursuant to City Ordinance No. 699, a Franchise Agreement between the City and Northern States Power Company, - d/b/a Xcel Energy, the City has the right to Impose a franchise fee on Xcel Energy In amount and fee design as set forth in Section 9.1 of the Xcel Energy Franchise and in the fee sCheduie attached hereto as Exhibit A. Subel. 2. Fl'llnchlse Fa. Sbltemenl_ A franchise fee is hereby Imposed. on Xcel Energy under its Gas Franchise in aCCOrdance with the schedule attached hereto and made a part of this Ordinance, commencing with the Xcel Energy's January 2003 billing month. Subel. 3. fAlaDam. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subel. 4. Surcharoe. The City recog. nizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers In the City the amount of the fee. Subel. S. Reeord. SulmOrt for Pav- 1III.Dl. Xcel Energy Shall make each payment when due and, If requested by the City, shall furnish a statement of gas usage by each customer class at the time of each payment for the period for the payment was made. Xcel Energy shall permit the City's designated represen- tative reasonable access to the company's records for the purpose of verifying such statements. Subel. 6. Enforcemllnl Any dispute, Including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subel. 7. ErfllCtlve Dale of FranchIse Ea. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance Is the later .- of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xce/ Energy by certifled mall. It has been agreed to in adV8rlce by Xcel Energy's representatives that Xcel Energy wiN abide by the P/'OVlsions of this SubdMsion 7. SECTION 2. This ordinance takes effect as Pf'OVfded hereln. Read by the City Council of the City of New Brighton this 26th day of November, 2002. Read and passed by the City CouncH of the City of New Brighton this 26th day of November. 2002. St.". Larson Mayor Ottn M.lers City Clerk/Admln"llrator APPROVED AS TO FORM: Charfe. LeFevete. City Attomey .Qua Residential Comm. Firm Non-Demand Comm. Firm Demand Sma/11nterruptlble Large Interruptible Firm Transportation Interruptible Transportation (Bulletin: Dec. 4, 20(2) E)(Hl8rrA XCELENERGYGASFRANCH~E FEE SCHEDULE EM Per 1'h4mn $0.017 $0.016 $0.005 $0.005 $0.005 $0.005 $0.005