For the purpose of assisting the city in the regulation of the activities and rates
of District Cooling as provided in this franchise, the finance director shall provide
sufficient staff resources for the regulatory effort and the city attorney shall appoint
an assistant city attorney or other attorney to perform the legal work that such regulation
necessitates.
District Cooling shall pay the city during the term hereof an annual regulatory fee
equivalent to the annual regulatory fee paid by District Heating Development Company,
d.b.a. District Energy St. Paul, Inc., pursuant to the franchise granted said company.
This fee shall be payable annually on July 1, beginning July 1, 2008, and shall be
used solely to pay the cost of regulation, which is not limited to but may include
that part of the salary and expenses of the individuals appointed by the finance director
and the city attorney, their assistant or assistants, clerical help and office expenses,
outside accountants, attorneys, advisors and consultants' fees reasonably related
to the regulation of District Cooling, its rate schedules, and other matters and operations
under this franchise. The amount of such payment or payments shall be allowed as an
operating expense of District Cooling in the City of Saint Paul. Such sum shall be
adjusted each year by a dollar amount expressed in percentages equal to the percentage
increase or decrease in the U.S. All-Cities Consumer Price Index for All Urban Consumers
(or its successor index) for the latest twelve-month period, the adjustments to be
cumulative and based on the amount of the latest adjustment plus the previous year's
payment.
(C.F. No. 07-1109, § 2, 12-12-07)
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