§ 1. Definitions.

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 electric retail rates now vested in the Minnesota Public Utilities Commission.

1.3. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns.

1.4. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company within the City for the purpose of providing electric energy for public use.

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

1.6. Gross Revenues. All sums received by the Company from the sale of electricity to its retail customers within the cooperate limits of the City. Gross Revenues for the purposes of calculating the franchise fee imposed by Section 9 shall be subject to adjustment only as specifically provided in Section 9.3.

1.7. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed or personally delivered to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. 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.

1.8. 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.

1.9. 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 of the City.

(2014-Or-086, § 1, 10-17-14, eff. 1-1-15)