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1 � <br /> �v v <br /> ........................... <br /> ........ <br /> ORDINANCE NO. 12- <br /> C <br /> OF LEXINGTON, COUNTY,MINNESOTA <br /> AN ORDINANCE OF <br /> E ELECTRIC FRANCHISE FEE ON CONEXUS <br /> ENERGY FOR PROVIDI ELECTRIC SERVICE WITHIN THE CITY OF <br /> LEXINGTON. <br /> THE CITY CO CIL OF THE CITY OF LEXINGTON, ANOKA COUNTY, MINNESOTA, <br /> ORDAINS: <br /> SECTION 1. The City of Lexington Code of Ordnances is hereby amended as follows: <br /> Subdivision 1. Purpose. The Lexington City Council has determined that it is in the best <br /> interest of the City to impose a franchise fee on those public utility companies that provide natural <br /> gas and electric services within the City of Lexington. <br /> (a) Pursuant to City Ordinance No. 12-_, a Franchise Agreement between the City and <br /> Connexus Energy, the City has the right to impose a franchise fee on Connexus Energy in amount <br /> and fee design as authorized in Section 9.1 of the Connexus Energy Franchise. <br /> (b) Pursuant to City Ordinance No. 12-_, the City exercised its right to impose a franchise <br /> fee on Connexus Energy. This includes the right to modify the fee amount with the consent of <br /> Connexus Energy as to amount and notice period, to which Connexus Energy has consented. <br /> Subd. 2. Franchise Fee Statement. Pursuant to Ordinance No. 12-_, the franchise fee <br /> imposed on Connexus Energy under its Electric Franchise is hereby amended. The amended fee <br /> schedule is attached hereto and made a part of this ordinance, commencing with the Connexus <br /> Energy's February 2013 billing month. <br /> Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in <br /> accordance with the terms set forth in Section 9.4 of the Franchise. This fee is an account based fee <br /> on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has <br /> more than one meter at a single premise, but only one account, only one fee shall be assessed to that <br /> account.. In the event any entities covered by this ordinance have more than one premise, each <br /> premise (address) shall be subject to the appropriate fee. In the event a question arises as to the <br /> proper fee amount for any premise, the Company's manner of billing for energy used at all similar <br /> premises in the city will control. <br /> Subd. 4. Record Support for Payment. Connexus Energy shall make each payment when <br /> due and,if requested by the City, shall provide at the time of each payment a statement summarizing <br /> how the franchise fee payment was determined, including information showing any adjustments to <br /> the total surcharge billed in the period for which the payment is being made to account for any <br /> uncollectibles,refunds or error corrections. <br /> Subd. 5. 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 /> 25 <br />