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Model Franchise Ordinance – CenterPoint Energy – Updated 06.01.2022 <br />| Page 2 of 7 | <br />I:\Legal\Franchise\Franchise Training Binder\Tab 1 - Model Franchise\2 of 3 - <br />Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures and all necessary <br />equipment and appurtenances owned or operated by the Company for the purpose of providing Gas <br />Energy for retail or wholesale use. <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, <br />Minnesota________________________________________________________. Any party may <br />change its respective 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_____ <br />(twenty________) years from the date this Ordinance is passed and approved by the City, the right to <br />import, manufacture, distribute and sell Gas Energy for public and private use within and through the <br />limits of the City as its boundaries now exist or as they may be extended in the future and also the <br />right to transport Gas Energy through the limits of the City for use outside of the City limits. For <br />these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, <br />under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. <br />Company may do all reasonable things necessary or customary to accomplish these purposes, subject, <br />however, to such lawful reasonable regulations as may be imposed by the City pursuant to a public <br />right-of-way ordinance or permit requirements adopted consistent with state law, including all fees <br />and deposits required under City Code, Chapter 96, and the City’s corresponding annual fee schedule. <br />2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect <br />from and after the passage of this Ordinance and publication as required by law and its acceptance in <br />writing 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