Res. #16-008 - Adopting Summary - CenterPoint Energy - Gas Franchise & Fees

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R1143KffN111k33 NOW WHEREAS, pursuant to proper notice duly given as required by law, the council has met and ordained as set forth below, and by a vote pursuant to Minn. Stat. Sec. 412.191, subd. 4, does, by at least a 415 vote; authorize publication of said Ordinances by summary publication. The following text is authorized for publication: "The following is the official summary of two Ordinances approved by the Centerville City Council on January 27, 2016. ORDINANCE NO. 79, SECOND SERIES: AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN A GAS DISTRIBUTION SYSTEM INCLUDING NECESSARY GAS MAINS, PIPES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION AND SALE OF GAS FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF CENTERVILLE FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The purposed of the ordinance is to grant to this public Utility a 20 -year non-exclusive franchise to operate, repair and maintain a natural gas distribution system within the city limits of the City. The terms and conditions of service and the rates to be charged by the Utility for natural gas energy are subject to the exclusive jurisdiction of the Minnesota Public Utilities Commission. The ordinance provides for a method of dispute resolution if either the City or the Utility asserts that the other party has defaulted in the terms of the franchise ordinance. The ordinance provides that all gas facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public ways. The ordinance authorizes the Utility to collect a franchise fee on behalf of the City to be used to defray the cost to construct and maintain public infrastructure. The ordinance also provides that the Utility shall indemnify and hold the City harmless from liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operations of the gas facilities located in the City's public rights of way and public grounds.