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CC PACKET 07252023
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CC PACKET 07252023
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| P a g e 2 o f 7 | <br />Notice. A writing served by any party or parties on any other party or parties. Notice to <br />Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet <br />Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to City Manager, City of St. <br />Anthony, 3301 Silver Lake Road, St. Anthony, Minnesota. Any party may change its respective <br />address for the purpose of this Ordinance by written Notice to the other parties. <br />Ordinance. This gas franchise ordinance, also referred to as the Franchise. <br />Public Way. Any highway, street, alley or other public right-of-way within the City. <br />Public Ground. Land owned or otherwise controlled by the City for utility easements, park, <br />trail, walkway, open space or other public property, which is held for use in common by the public or <br />for public benefit. <br />SECTION 2.ADOPTION OF FRANCHISE <br />2.1 Grant of Franchise. City hereby grants Company, for a period of 20 (twenty) years <br />from the date this Ordinance is passed and approved by the City, the right to import, manufacture, <br />distribute and sell Gas Energy for public and private use within and through the limits of the City as <br />its boundaries now exist or as they may be extended in the future and also the right to transport Gas <br />Energy through the limits of the City for use outside of the City limits. For these purposes, Company <br />may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public <br />Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all <br />reasonable things necessary or customary to accomplish these purposes, subject, however, to such <br />lawful regulations as may be imposed by the City pursuant to a public right-of-way ordinance or <br />permit requirements adopted consistent with state law, including all fees and deposits required under <br />City Code, Chapter 96, and the City’s corresponding annual fee schedule, so long as the fees are not <br />contrary to the provisions in Minnesota Administrative Rule 7819.000. <br />2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from <br />and after the passage of this Ordinance and publication as required by law and its acceptance in writing <br />by Company. <br />2.3.Service and Gas Rates. The terms and conditions of service and the rates to be <br />charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the <br />Commission. <br />2.4.Publication Expense. Company shall pay the expense of publication of this <br />Ordinance. <br />2.5.Dispute Resolution. If either party asserts that the other party is in default in the <br />performance of any obligation hereunder, the complaining party shall notify the other party of the <br />default and the desired remedy. The notification shall be written. Representatives of the parties must <br />promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not <br />resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to <br />facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If <br />a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after
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