§ 1. Definitions.  

Latest version.
  • For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:

    1.1. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including, but not limited to, sewer, water, and storm water service.

    1.2. 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.

    1.3. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") 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.

    1.4. Franchise. The grant of rights made by the City to the Company in this Ordinance, subject to its terms and conditions.

    1.5. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas.

    1.6. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company in the City for the purpose of providing Gas Energy for retail or wholesale use.

    1.7. Gross Revenues. All gas distribution revenues received by the Company from retail customers of the Company who purchase, receive, or transport Gas Energy from or through the Company's Gas Facilities within the City. For Gas Energy transported but not sold by the Company, gross revenues shall include only the revenues for the Company's transportation of gas energy and not the revenues for a third party's sale of gas energy to customers within the City. Gross Revenue for the purposes of calculating the franchise fee imposed by Section 8, shall be subject to adjustment only as specifically provided in Section 8.3.

    1.8. Notice. A written notice served by one (1) party on the other party referencing one (1) or more provisions of this Ordinance. Notice to Company shall be mailed or personally delivered to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed or personally delivered to the City Coordinator, City Hall, 350 South Fifth Street, Minneapolis, MN 55415. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party.

    1.9. Public Ground. All real property for common use by the public that is owned by, controlled by, or dedicated to the City, for open space or similar purposes.

    1.10. Public Way. The area on, below, or above a public roadway, highway, street, alley, cartway, bicycle lane, walkway, public sidewalk, or other public right-of-way, or other dedicated right-of-way for travel purposes and utility easements.

(2014-Or-083, § 1, 10-17-14, eff. 1-1-15)