Nelson Ordinance 58
Publish January 22, 2010
CITY OF NELSON
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 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 NELSON FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
The following is the official summary of Ordinance No. 58 approved by the Nelson City Council on November 2, 2009. The purpose of the ordinance is to grant to 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 Nelson. 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. The ordinance provides for a method of dispute resolution if either the City of Nelson or CenterPoint Energy asserts that the other party has defaulted in the terms of the gas franchise ordinance. 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.
The ordinance also provides that CenterPoint Energy shall indemnify and hold the City of Nelson 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 Nelson’s public rights of way and public grounds.