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Res. #16-007 <br /> A RESOLUTION ADOPTING SUMMARY PUBLICATION OF ORDINANCE FOR <br /> CENTERPOINT ENERGY NATURE GAS FRANCHISE <br /> WHEREAS, pursuant to proper notice duly given as required by law, the council has met and <br /> ordained as set forth below, and by a vote pursuant to Minn. Stat. Sec. 412.191, subd. 4, does, by <br /> at least a 4/5 vote; authorize publication of said Ordinances by summary publication. The <br /> following text is authorized for publication: <br /> "The following is the official summary of two Ordinances approved by the Centerville City <br /> Council on January 27, 2016. <br /> ORDINANCE NO. 79, SECOND SERIES: AN ORDINANCE GRANTING CENTERPOINT <br /> ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS <br /> ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE <br /> FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN A GAS <br /> DISTRIBUTION SYSTEM INCLUDING NECESSARY GAS MAINS, PIPES AND <br /> EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION AND SALE OF GAS FOR <br /> PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF <br /> THE CITY OF CENTERVILLE FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN <br /> TERMS AND CONDITIONS THEREOF. <br /> The purposed of the ordinance is to grant to this public Utility a 20-year non-exclusive franchise <br /> to operate, repair and maintain a natural gas distribution system within the city limits of the City. <br /> The terms and conditions of service and the rates to be charged by the Utility for natural gas <br /> energy are subject to the exclusive jurisdiction of the Minnesota Public Utilities Commission. <br /> The ordinance provides for a method of dispute resolution if either the City or the Utility asserts <br /> that the other party has defaulted in the terms of the franchise ordinance. The ordinance provides <br /> that all gas facilities shall be located, constructed, and maintained so as not to interfere with the <br /> safety and convenience of ordinary travel along and over public ways. The ordinance authorizes <br /> the Utility to collect a franchise fee on behalf of the City to be used to defray the cost to <br /> construct and maintain public infrastructure. <br /> The ordinance also provides that the Utility shall indemnify and hold the City harmless from <br /> liability on account of injury to persons or damage to property occasioned by the construction, <br /> maintenance, repair, inspection, the issuance of permits, or the operations of the gas facilities <br /> located in the City's public rights of way and public grounds. <br />