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ORDINANCE NO. 03 - <br /> CITY OF ELK RIVER <br /> <br />AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A <br />NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES <br />CORPORATION, A DELAWARE CORPORATION, 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 <br />AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE <br />CITY OF ELK RIVER, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING <br />CERTAIN TERMS AND CONDITIONS THEREOF. <br /> <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, <br />MINNESOTA, ORDAINS: <br /> <br />SECTION 1. DEFINITIONS. <br /> <br /> For purposes of this Ordinance, the following capitalized terms listed in alphabetical <br />order shall have the following meanings: <br /> <br />City. The City of Elk River, County of Sherburne, State of Minnesota. <br /> <br /> 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 /> <br /> Commission. The Minnesota Public Utilities Commission, or any successor agency or <br />agencies, including an agency of the federal government, which preempts all or part of the <br />authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. <br /> <br /> Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy <br />Resources Corporation~ a Delaware corporation, its successors and assigns including all <br />successors or assigns that own or operate any part or parts of the Gas Facilities subject to this <br />franchise. <br /> <br /> Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all <br />necessary equipment and appurtenances owned or operated by the Company for the purpose of <br />providing gas energy for public or private use. <br /> <br /> Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or <br />other forms of gas energy. <br /> <br />Gas Franchise Ordinance <br />February 6, 2003 Page I <br /> <br /> <br />