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GAS ORDINANCE <br />ORDINANCE NO. <br />CITY OF NEW BRIGHTON, RAMSEY COUNTY, MINNESOTA <br />AN ORDINANCE GRANTING GRANTING NORTHERN STATES POWER COMPANY <br />D /B /A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE <br />FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES <br />AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE <br />AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE <br />PUBLIC WAYS AND GROUNDS OF THE CITY OF NEW BRIGHTON, MINNESOTA, <br />FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS <br />THEREOF. <br />THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON, RAMSEY COUNTY, <br />MINNESOTA, ORDAINS: <br />SECTION 1. DEFINITIONS. <br />For purposes of this Ordinance, the following capitalized terms listed in alphabetical order <br />shall have the following meanings: <br />City. The City of New Brighton, County of Ramsey, State of Minnesota. <br />City Utility System. Facilities used for providing public utility service owned or operated <br />by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic <br />signals, but excluding facilities for providing heating, lighting, or other forms of energy. <br />Commission. The Minnesota Public Utilities Commission, or any successor agency or <br />agencies, including an agency of the federal government, which preempts all or part of the authority <br />to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. <br />Company. Northem States Power Company d/b /a Xcel Energy Resources, its successors <br />and assigns including all successors or assigns that own or operate any part or parts of the Gas <br />Facilities subject to this franchise. <br />Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all <br />necessary equipment and appurtenances owned or operated by the Company for the purpose of <br />providing gas energy for public or private use. <br />Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other <br />forms of gas energy. <br />Non - Betterment Costs. Costs incurred by Company from relocation, removal or <br />rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. <br />1MS- 220510v1 <br />NEI3G -154 <br />1 - 1 3 - <br />