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<br />., <br /> <br />I.. ~ <br /> <br />GAS FRANCHISE ORDINANCE <br />ORDINANCE NO. ~. <br /> <br />CITY OF NEW BRIGHTON, RAMSEY COUNTY, MINNESOTA <br /> <br />AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, <br />D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND <br />ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN <br />THE CITY OF NEW BRIGHTON, MINNESOTA, A GAS DISTRIBUTION SYSTEM <br />INCLUDING NECESSARY GAS PIPES, MAINS AND APPURTENANCES, FOR THE <br />TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY, ITS INHABITANTS, <br />AND OTHERS, AND TRANSMITTING GAS INTO AND THROUGH THE CITY, <br />AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR <br />SUCH PURPOSES. <br /> <br />THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON, RAMSEY COUNTY, <br />MINNESOTA, ORDAINS: <br /> <br />SECTION 1. DEFINITIONS. <br /> <br />For purposes of this Ordinance, the following capitalized terms listed in alphabetical order <br />shall have the following meanings: <br /> <br />City. The City of New Brighton, County of Ramsey, State of Minnesota. <br /> <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 /> <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 authority <br />to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. <br /> <br />Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcd Energy, <br />its successors and assigns including all successors or assignees that own or operate any part or parts <br />of the Gas Facilities subject to this franchise. <br /> <br />Gas Facilities. Gas transmission and distribution pipes, mains, regulators and necessary <br />appurtenances owned or operated by Company for the purpose of providing natural gas, manufactured <br />gas, or other form of gaseous energy for public use. <br /> <br />Non-Betterment Costs. Costs incurred by Company from relocation, removal or <br />rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. <br /> <br />Notice. A writing served by any party or parties on any other party or parties. Notice to <br />Company shall be mailed to the General Counsel, Legal Services, Suite 3000, 800 Nicollct Mall, <br />Minneapolis. MN 55402. Notice to the City shall be mailed to the City Manager, City of New <br /> <br />JMS-223419v4 <br />NE136-154 <br /> <br />1 <br />