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GAS FRANCHISE ORDINANCE NO. <br />CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA <br />AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A <br />MINNESOTA CORPORATION, D /B /A XCEL ENERGY, ITS SUCCESSORS AND <br />ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR <br />AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, <br />DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND <br />PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE <br />CITY OF LINO LAKES, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING <br />CERTAIN TERMS AND CONDITIONS THEREOF. <br />THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, <br />MINNESOTA, ORDAINS: <br />SECTION 1. DEFINITIONS. <br />For purposes of this Ordinance, the following capitalized terms listed in alphabetical <br />order shall have the following meanings: <br />1.1 City. The City of Lino Lakes, County of Anoka, State of Minnesota. <br />1.2 City Utility System. Facilities used for providing public utility service owned or <br />operated by City or agency thereof, including sewer, storm sewer, water service, street lighting <br />and traffic signals, but excluding facilities for providing heating, lighting, or other forms of <br />energy. <br />1.3 Commission. The Minnesota Public Utilities Commission, or any successor <br />agency or agencies, including an agency of the federal government, which preempts all or part of <br />the authority to regulate gas retail rates now vested in the Minnesota Public Utilities <br />Commission. <br />1.4 Company. Northern States Power, a Minnesota corporation, d/b /a Xcel Energy, <br />its successors and assigns including all successors or assigns that own or operate any part or parts <br />of the Gas Facilities subject to this franchise. <br />1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured <br />gas, or other form of gaseous energy. <br />1.6 Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and <br />all necessary equipment and appurtenances owned or operated by the Company for the purpose <br />of providing gas energy for public or private use. <br />333271v1 JMS LNI40 -105 <br />1 <br />