RES 23-110
Councilmember Beyer introduced the following resolution and moved its adoption:
Resolution 23-1 1
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance #23-02 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 February 21, 2023, the Elk River City Council adopted Ordinance 23-02
adding to Appendix A, titled Franchises, of the Elk River Code of Ordinances; and
WHEREAS, the ordinance grants CenterPoint Energy a 20-year non-exclusive franchise
to operate, repair and maintain a natural gas distribution system within the city limits of the
City of Elk River. The terms and conditions of service and the rates to be charged by
CenterPoint Energy for natural gas energy 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 City
of Elk River or CenterPoint Energy asserts that the other party 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 interfere with the safety and convenience of ordinary travel along
and over public ways;
WHEREAS, the ordinance also provides that CenterPoint Energy shall indemnify and
hold the City of Elk River 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 of Elk River's public rights
of way and public grounds; and
Pe1EBE1 ®r
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WHEREAS, a copy of the full text of the ordinance is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular
business hours; and
NOW, THEREFORE, BE IT RESOLVED by the City Council, by at least four -fifths
vote, authorizes the publication of the title and summary of Ordinance 23-02.
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
Grupa, and upon vote being taken thereon, the following voted in favor thereof: Mayor
Dietz, Councilmembers Grupa. Westgaard, Beyer, and Wagner and the following against:
none, whereupon said resolution was declared duly passed and adopted.
The following members were present: Mayor Dietz, Councilmembers Grupa. Westgaard,
Bever, and Wagner and the following absent: none.
Passed and adopted this 6th day of March 2023.
Jo i . Di tz, May
ATTEST:
Tina Allard, City Clerk
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