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05-16-05
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05-16-05
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<br />water service, street lighting and traffic signals, but excluding facilities for providing <br />heating, lighting, or other forms of energy. <br /> <br />Commission. The Minnesota Public Utilities Commission, or any successor <br />agency or agencies, including an agency of the federal government, which preempts all or <br />part of the authority to regulate gas retail rates now vested in the Minnesota Public <br />Utilities Commission. <br /> <br />Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy <br />Minnesota Gas ("CenterPoint Energy"), its successors and assigns including all <br />successors or assigns that own or operate any part or parts of the Gas Facilities subject to <br />this franchise. <br /> <br />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 <br />purpose of providing gas energy for public or private use. <br /> <br />Notice. A writing served by any party or parties on any other party or parties. <br />Notice to Company shall be mailed to CenterPoint Energy, V.P. Regulatory and Supply <br />Service, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be <br />mailed to City Administrator, City of Hastings, 101 East 4th Street, Hastings, Minnesota <br />55033. Any party may change its respective address for the purpose of this Ordinance by <br />written notice to the other parties. <br /> <br />Public Way. Any right-of-way within the City, as defined by Minn. Stat. ~ <br />237.162, subd. 3. <br /> <br />Public Ground. Land owned or otherwise controlled by the City for park, open <br />space or similar public purpose, which is held for use in common by the public. <br /> <br />SECTION 2. ADOPTION OF FRANCHISE. <br /> <br />2.1 Grant of Franchise. City hereby grants Company, for a period of 20 <br />years from the date this Ordinance is passed and approved by the City, the right to <br />import, manufacture, distribute and sell gas for public and private use within and through <br />the limits of the City as its boundaries now exist or as they may be extended in the future. <br />For these purposes, Company may construct, operate, repair and maintain Gas Facilities <br />in, on, over, under and across the Public Ways and Public Grounds, subject to the <br />provisions of this Ordinance. Company may do all reasonable things necessary or <br />customary to accomplish these purposes, subject however, to such reasonable regulations <br />as may be imposed by the City pursuant to ordinance or permit requirements and to -the <br />further provisions of this franchise agreement. <br /> <br />2.2 Effective Date: Written Acceptance. This franchise shall be in force and <br />effect from and after its passage of this Ordinance and publication as required by law and <br />its acceptance by Company. If Company does not file a written acceptance with the City <br />
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