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<br />'" <br /> <br />I.'" <br /> <br />\ <br /> <br />ORDINANCE NO..JQ.'t. <br /> <br />CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />ST ATE OF MINNESOTA <br /> <br />AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE <br />ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR <br />PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF NEW <br />BRIGHTON <br /> <br />THE CITY OF NEW BRIGHTON ORDAINS: <br /> <br />SECTION 1. The City of New Brighton Municipal Code Appendix Ii- is hereby amended to <br />include reference to the following Special Ordinance. <br /> <br />Subdivision 1. Purpose. The New Brighton City Council has determined that it is in the <br />best interest of the City to impose a franchise fee on those public utility companies that provide <br />natural gas and electric services within the City of New Brighton. <br /> <br />(a) Pursuant to City Ordinance No.100 , a Franchise Agreement between the City <br />and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose <br />a franchise fee on Xcel Energy in amount and fee design as set forth in Section 9.1 of the <br />XceI Energy Franchise and in the fee schedule attached hereto as Exhibit A. <br /> <br />Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy <br />under its Electric Franchise in accordance with the schedule attached hereto and made a part of <br />this ordinance, commencing with the Xcel Energy's January 2003 billing month. <br /> <br />Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance <br />with the terms set forth in Section 9.4 of the Franchise. <br /> <br />Subd. 4. Surcharee. The City recognizes that the Minnesota Public Utilities <br />Commission allows the utility company to add a surcharge to customer rates to reimburse such <br />utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the <br />City the amount of the fee. <br /> <br />Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when <br />due and, if requested by the City, shall furnish a statement of electric usage by each customer <br />class at the time of each payment for the period for the payment was made. Xcel Energy shall <br />permit the City's designated representative reasonable access to the company's records for the <br />purpose of verifying such statements. <br /> <br />Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this <br />ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. <br /> <br />JMS-220568v2 <br />NE136-154 <br />