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4.7 SR 02-21-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 4.7 Agenda Section Meeting Date Prepared by Consent A enda FebYuar�r 21, 2023 ustin Femrite P.E., Public WoYks DirectoY Item Description Reviewed by CenterPoint Energ�T Gas Franchise Ordinance ared She herd, Ci r Attornev Reviewed by Cal Pormer, City Administrator Action Requested Adopt, byT motion, updated gas franchise ordinance with CenterPoint EnergyT Background/Discussion The current franchise ordinance (03-005) `vith CenterPoint EnergyT has reached its term. The new ordinance `vill replace the e�sting ordinance and carries a new 20-year term. The approval of this new franchise ordinance `vill not change the current franchise fee ordinance. The current franchise fees being collected byT CenterPoint energ�T will remain the same. We have worked with CenterPoint Energy on the language of the agreement, and they are supportive of it. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible Attachments ■ Proposed Franchise Ordinance The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA 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 FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Elk River, County of Sherburne, State of Minnesota and the corporate limits thereof on the Effective Date and as they may be adjusted from to time to time hereafter. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traf�c signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, its successors and assigns, including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Franchise. The grant of rights made by the City to the Company in this Ordinance, subject to its terms and conditions. Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 1 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to City Administrator, City of Elk River, 13065 Orono Parkway, Elk River, MN 55330. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance. Public Ground. All real property owned by or dedicated to the City with respect to which the City holds the legal right or title to grant or withhold easement, leasehold or occupancy rights or servitudes. Public Way. Any highway, street, alley or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE 2.1. Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2. Effective Date; Written Accentance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance in writing by Company. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 2 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. 2.7 Not Exclusive. This Franchise is not exclusive. SECTION 3. LOCATION, OTHER REGULATIONS 3. L Location of Facilities. Gas Facilities shall be located, constructed and maintained by the Company. (i) in as safe and secure a condition or manner as reasonably possible, (ii) so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any Public Ways, Public Ground or the City Utility System. Gas Facilities may only be located on Public Ground as determined by the City in its sole discretion. The Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to the terms of this Ordinance and such other regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Ordinance. 3.2. Street Onenin�s. Whenever the Company desires to open or disturb any Public Way or Public Ground for the purpose of constructing, maintaining, or repairing Gas Facilities, it shall give the City reasonable advance Notice, butnot less than ten (10) business days, by filing a written Notice with the City Clerk In any case, the Company shall not commence such work before obtaining a permit pursuant to Article 66 of the Elk River City Code, for which the City may impose a reasonable fee. The Company shall not, during the progress of the work, endanger or unnecessarily obstruct the passage of traffic or the normal and customary use of the Public Ways and Public Ground. During the progress of such work, the Company shall keep the affected Public Ways or Public Ground guarded in order to avoid accidents to persons or property. All work performed by the Company shall comply with all applicable federal, state, and local laws, rules, and regulations. The requirements for obtaining permits from the City pursuant to this section shall not apply if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 3 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- repair. Within two (2) business days after commencing the repair, the Company shall apply for any required permits and pay any required fees. 3.3. Restoration. The Company shall comply with City Code Chapter 66 in undertaking any work requiring disturbance of any Public Way or Public Ground. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed two (2) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. In addition to the above, the Company's restoration work is subjectto any applicable penalties and fees in Article 66 of the Elk River City Code. 3.4. Avoid Dama�e to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable Notice by the City of such work prior to its commencement. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems necessary. 3.6. Mappin� & Field Location Information. If requested by City, Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. The Company shall provide field locations for all its underground Gas Facilities within the City consistent with the requirements of Minnesota Statutes, chapter 216D (commonly known as of the Effective Date as the "Gopher State One Call" system). Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 4 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- 3.7. Emer�encv Response. As emergency first responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS 4.1. Relocation. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways or Public Grounds. 4.2. No Release of Liabilitv. Nothing contained herein shall relieve any third party from liability arising out of their failure to exercise reasonable care to avoid injuring the Company's Gas Facilities while performing any work connected with grading, regrading, or changing the line of any Public Way or with any construction on or adjacent to any Public Way; provided, however, this Section 4.2 shall not limit the City's rights to indemnification under Section 5.1 nor shall the City in any way be liable to the Company for claims arising from the negligence of any third party. 4.3. Proiects with Federal Funding. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes §§ 161.45 and 161.46. SECTION 5. INDEMNIFICATION 5.1. Indemnitv of Citv. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemni�ed for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behal£ This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 5 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- 5.3. Insurance. The Company shall maintain insurance coverage at all times during this Franchise that provides adequate protection to �lie City from any and all obligations, liabilities, or claims of any nature whatsoever, growing out of the operation, construction, and maintenance of its Gas Facilities within the City. 5.4. Compliance with Laws; Hazardous Substances. In its operation under this Ordinance, the Company shall observe all federal and state rules, regulations and orders with respect to the transmission, distribution, transformation or furnishing of gas energy and the handling of materials, substances and wastes deemed toxic or hazardous to health, natural resources or the environment (collectively, "Hazardous Substances"). The Company shall remove or remediate any Hazardous Substances located on, in or surrounding its Gas Facilities or caused to be located on, in or surrounding the Public Ways and Public Grounds or elsewhere in the City in compliance with all applicable laws, regulations and lawful government orders, and pay or cause to be paid all costs associated therewith. The indemnification terms and conditions of Section 5.1 shall apply to all claims made against the City by any Person, including any governmental agency, who or which asserts any right to costs, damages or other relief based upon the terms and conditions imposed upon the Company under this Section 5.3 or which arise from or are related to the Company's acts or failure to act in compliance with any law, rule, regulation or lawful order governing Hazardous Substances. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS The City will consult with the Company at least four (4) weeks prior to its action on any proposed vacation of a Public Way. Except where ordered pursuant to Section 4.1, the vacation of any Public Way after the installation of Gas Facilities shall not operate to deprive the Company of its rights to operate and maintain such Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. However, in no case shall the City be liable to the Company for failure to specifically preserve a Public Way in the exercise of its authority under Minnesota StaLutes, Section 160.29. The City shall give Company at least two (2) weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis, or by some other method that is mutually acceptable to both City and Company for each Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 6 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- retail customer account within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, withoutplacing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission's March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The City has previously adopted Ordinance No. 13-09, which imposes a franchise fee. Any amendments to Ordinance No. 13-09 shall be imposed by separate franchise fee ordinance duly adopted by the City Council. The effective date of any subsequent franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission's March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. Company agrees to make available for inspection by City at reasonable times all records necessary to audit Company's determination of the franchise fee payments. 8.4. Continuation of Franchise Fee. If this franchise expires and the CiLy and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one (1) year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES The Company shall comply with Minnesota Staxutes, Section 216D.01 et seq. and Minnesota Rules, Part 7819.3300, as they may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the location Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 7 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE 10.1. Severabilitv. Every section, provision or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicabilitv. This Ordinance constiLutes a franchise agreement between City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a parry hereto. 10.3. Governin� Law. This Franchise is granted and is intended to be performed in the State of Minnesota and shall be construed and enforced in accordance with the laws of the State of Minnesota. The Company shall be subject to personal jurisdiction in the State of Minnesota. All actions related to this Ordinance or its enforcement shall be venued in Sherburne County District Court. SECTION ll. ACCEPTANCE BY THE COMPANY 11.1. Accentance bv the Companv. The Company shall, within thirty (30) days after adoption of this Ordinance or any amendment thereto, file with the City Clerk in writing its acceptance or rejection as provided in Section 11.2. If such acceptance is not filed or if a rejection is filed within said period, the Company, by its continuing operations, shall be deemed to have accepted the terms and conditions of this Franchise or any amendment hereto, except with respect to such particulars as it may successfully challenge under the procedures specified in Section 11.2. 11.2. Reiection Procedures. A rejection of this Franchise or any amendment hereto may be made by the Company only upon the grounds that the terms and conditions hereof or of such amendment exceed the lawful authority of the City under the Constitutions or Laws of the United States or the State of Minnesota or are otherwise unlawful. Any rejection shall be submitted in writing to the City, stating with particularity the points and authorities of law upon which the Company relies. If the City fails to amend this Franchise or otherwise satisfy the Company's objections as stated within thirty (30) days of its receipt of the Company's rejection, the Company shall have the right thereafter to seek appropriate judicial or administrative relief based solely upon those provisions it has alleged are unlawful in its rejection notice. If the Company fails to initiate such legal action within thirty (30) days from the expiration of the aforementioned thirty (30) day period provided for the City's amendment or cure, the Company shall be deemed to have waived its objections and to have accepted the terms of this Franchise or any amendment hereto. Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 8 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- SECTION 12. AMENDMENT PROCEDURE The Company's rights hereunder are subject to the police power of the CiLy to adopt and enforce ordinances necessary to the health, safety, and welfare of the public, and this Franchise may be amended or repealed by the City as deemed necessary or appropriate in the exercise of such power. Adopted by the City Council of the City of Elk River this 21st day of February 2023. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published on the 25th day of February 2023, in the Elk River Star News, a paper of general circulation within the City of Elk River, Minnesota. The provisions of the foregoing Ordinance are hereby accepted: DATED February 21, 2023. C John J. Dietz, Mayor : Tina Allard, City Clerk Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 9 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3- City of Elk -�-1 River Councilmember introduced the following resolution and moved its adoption: Resolution 23- A Resolution of the City of Elk River Approving Notice of Summary Publication of Ordinance #23-_ An Ordinance granting CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns, a non-exclusive 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 Elk River for such purposes; and prescribing certain terms and conditions thereof WHEREAS, on Februar�T 21, 2023, the Elk River Cit�T Council adopted Ordinance 23-_ adding to Appendix A, titled Franchises, of the Elk River Code of Ordinances; and WHEREAS, the ordinance grants CenterPoint Energy a 20-�Tear non-exclusive franchise to operate, repair and maintain a natural gas distribution syTstem within the city limits of the City of Elk River. The terms and conditions of service and the rates to be charged byT CenteYPoint EneYgy foY natuYal gas eneYgy are subject to the exclusive jurisdiction of the Minnesota Public Utilities Commission. WHEREAS, the ordinance provides for a method of dispute resolution if either the CityT of Elk River or CenterPoint EnergyT asserts that the other partyT has defaulted in the terms of the gas franchise ordinance; WHEREAS, the ordinance provides that all gas facilities shall be located, constructed, and maintained so as not to inteYfeYe with the safetyr and convenience of ordinaryr travel along and over public wayTs; WHEREAS, the ordinance also provides that CenterPoint Energ�T shall indemnif�T and hold the City of Elk River harmless from liabilityT on account of injur�T to persons or damage to propertyT occasioned byT the construction, maintenance, repair, inspection, the issuance of permits, or the operations of the gas facilities located in the City of Elk River's public rights of �vayT and public grounds; and rowEREo er ���V�� WHEREAS, a copyT of the full text of the ordinance is available for inspection byT anyT person at the office of the Elk River Cit�T Clerk, 13065 Orono Park�vayT, during regular business hours; and NOW, THEREFORE, BE IT RESOLVED byT the CityT Council, byT at least four-fifths vote, authorizes the publication of the title and summaryr of Ordinance 23-_. The motion for adoption of the foregoing resolution was duly seconded byT Councilmember , and upon vote being taken thereon, the follo`ving voted in favor thereo£ and the follo`ving against: , whereupon said resolution was declaYed duly passed and adopted. The follo`ving members were present: and the follo`ving absent: Passed and adopted this 21st day of February 2023. John J. Dietz, MayroY ATTEST: Tina rlllard, Cit�r C1eYk PONEREO er ������