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I ---- ORDINANCE NO. 702 CITY OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENllNG AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY 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. .E!IwHtu. The New J ...--- -~-'~ .--.- .-. Brighton CIty Council has determined that it Is In the beat interest of the City to Impose a fnInchI8e fee on thole public utility companies that provide natural gas and electric seMces within the City of New Brtghton. (8) PuIllUllflt to CIty OrdInance No. 700, a Franchise Agreement between the City and NOfthem States Power Company, rJ/b/a XceI Energy, the City has the right to Impose a franchise fee 011 Xcel Energy in amount and fee design as set forth in Section 9.1 of the Xcel Energy Franchise and in the fee schedule attached hereto as exhibit A. Subd. 2. FrlInehl_ FH SbdMnMd. A franchise fee is hereby Imposed on Xcel E'*l!Y under Its EIectrk: Franchise In accordance with the schedule attached hereto and made a part of this ordinance, commencing with the Xcel Energy's January 2003 blUing month. Subd. 3. PIlvment. The said franchise fee shall be payable to the Clly In accordanoe with the terms set. forth in SectIon 9.4 of the Franchise. $ubd. 4. SUre.....-. The City rec0g- nizes that the Minnesota Public Utllltles Commission allowS the utility company to add a surcharge to customer ratas to reimburse such utility company for the cost of the fee. and that Xce/ Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Recon:I SUDDOrt tar Pn. mam. Xcel Energy shall make each peyment when due and, if requested by the City, ,shall furnish a statement of electric usage by each customer class at the lime of each payment for the period for the payment was made. Xcel Energy Shall permit the Clly's designated representatlve reasonable access to the company's records for the purpose of verifying such statements. Subel. e.. Enforcement. Any dispute, Including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. EffIleUve n.ta 01 F...nchIM fa, Notwithstanding the effective date of this ordinance and notwithstanding any contrary provlsIons In the Franchise, the effective date of the fee collected under Subdlvlsion 2 of this ordinance is the later of ten (10) days after the publication or after the sending of wHllen notice enclQ!ling a copy of this adopted ordinance upon Xce/ _Energy by certified riiall. it has been aQreed to In advance by Xcel Energy's representatives that Xce/ Energy will abide by the provisions of this Subdivision 7. SEcnON 2. This ordinance takes effect as provided herein. Read by the City Council of the City of New Brighton this 26th day of November, 2002. Reed and passed by the City Council of the City of New BHghton this 26th day of November, 2002. Mayor City ClerklAdmlnlstl'1ltor APPROVED AS TO FORM: Cherles LeFevere, City Attorney EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Fee Per kWh $0.0023 $0.0023 $0.0016 $0.0009 $0.0023 $0.0023 $0.0016 gga Residential l;im C & I - Non-Oem Sm C & ,- Demand Large C & I Public Street Ug Munl Pumping - NID MuniPumplng ~ Oem (Bulletin: Dec. 4, 2(02)