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CenterPoint Energy <br />Gas Franchise Ordinance <br />ORDINANCE NO.23-02 <br />CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA <br />AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP. d/b/a <br />CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS <br />SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, <br />OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE <br />TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS <br />ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND <br />GROUNDS OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, <br />FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS <br />THEREOF <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, <br />MINNESOTA, ORDAINS: <br />SECTION 1. DEFINITIONS <br />For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall <br />have the following meanings: <br />City. The City of Elk River, County of Sherburne, State of Minnesota and the corporate <br />limits thereof on the Effective Date and as they may be adjusted from to time to time hereafter. <br />City Utility System. Facilities used for providing public utility service owned or operated <br />by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic <br />signals, but excluding facilities for providing heating, lighting, or other forms of energy. <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 />Company. CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota <br />Gas, its successors and assigns, including all successors or assigns that own or operate any part or <br />parts of the Gas Facilities subject to this Franchise. <br />Franchise. The grant of rights made by the City to the Company in this Ordinance, subject <br />to its terms and conditions. <br />Model Franchise Ordinance —CenterPoint Energy —Updated <br />225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 <br />Page 1 of 9 1 <br />I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3 - <br />