06/02/2008 Council Packet - Laserfiche WebLink

Home Search

1.4 Company. Northern States Power Company, a Minnesota corporation, d/434 Xcel Energy its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owner Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas �ervicoenergy for public or private use. 1.7 Notice. A written noticcwriting served by eneany party or parties on theany other party referencing one or more provisions of this Ordinance.or parties. Notice to Company shall be mailed to the General Counsel, 41- 4Legal Services, Suite 3000, 800 Nicollet Mall, Floor, Minneapolis, MN 55401. 55402. Notice to the City shall be mailed to the City Administrator, 600 Town Center Parkway, Lino Lakes, MN 55014. Either Any party may change its respective address for the purpose of this Ordinance by written notice to the other pafty arties. 1.8 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public Public right -of -way within the City.— as defined in Minn. Stat. §237.162 subd. 3. SECTION 2. ADOPTION OF. FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposesimport, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Ways of CityGrounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject; however, to such reasonable re lionaregulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchisees shall be in force and effect from and after the passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if and its acceptance by Company. If Company does not file a written acceptance with the City within 90 days after publication60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise or seek its enforcement in a competent jurisdiction. 333271v1 JMS KG400-3 2 •