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0 <br />Councilmember Beyer introduced the following resolution and moved its adoption: <br />Resolution 23-1 1 <br />A Resolution of the City of Elk River Approving Notice of Summary <br />Publication of Ordinance #23-02 An Ordinance granting CenterPoint Energy <br />Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint <br />Energy"), its successors and assigns, a non-exclusive franchise to construct, <br />operate, repair and maintain a gas distribution system including necessary <br />gas mains, pipes and equipment for the transportation, distribution and sale <br />of gas for public and private use and to use public ways and public grounds of <br />the City of Elk River for such purposes; and prescribing certain terms and <br />conditions thereof <br />WHEREAS, on February 21, 2023, the Elk River City Council adopted Ordinance 23-02 <br />adding to Appendix A, titled Franchises, of the Elk River Code of Ordinances; and <br />WHEREAS, the ordinance grants CenterPoint Energy a 20-year non-exclusive franchise <br />to operate, repair and maintain a natural gas distribution system within the city limits of the <br />City of Elk River. The terms and conditions of service and the rates to be charged by <br />CenterPoint Energy for natural gas energy are subject to the exclusive jurisdiction of the <br />Minnesota Public Utilities Commission. <br />WHEREAS, the ordinance provides for a method of dispute resolution if either the City <br />of Elk River or CenterPoint Energy asserts that the other party has defaulted in the terms of <br />the gas franchise ordinance; <br />WHEREAS, the ordinance provides that all gas facilities shall be located, constructed, and <br />maintained so as not to interfere with the safety and convenience of ordinary travel along <br />and over public ways; <br />WHEREAS, the ordinance also provides that CenterPoint Energy shall indemnify and <br />hold the City of Elk River harmless from liability on account of injury to persons or damage <br />to property occasioned by the construction, maintenance, repair, inspection, the issuance of <br />permits, or the operations of the gas facilities located in the City of Elk River's public rights <br />of way and public grounds; and <br />Pe1EBE1 ®r <br />NATURE <br />