Section
Article I:
Centerpoint Energy Franchise
20.01 Definitions
20.02 Adoption of franchise
20.03 Location, other regulations
20.04 Relocations
20.05 Indemnification
20.06 Vacation of public ways
20.07 Change in form of government
20.08 Franchise fee
20.09 Abandoned facilities
20.10 Safety and infrastructure reporting
20.11 Provisions of ordinance
20.12 Amendment procedure
Article II: Cable Television Franchise
Division A: Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc.
20.15 Recitals
20.16 Definitions
20.17 Franchise
20.18 Operation in streets and rights-of-way
20.19 Sale, transfer, removal or abandonment of system
20.20 System design and capacity
20.21 Programming and services
20.22 Public educational and governmental access
20.23 Regulatory provisions
20.24 Bond
20.25 Security fund
20.26 Default
20.27 Foreclosure and receivership
20.28 Reports and records
20.29 Customer service policies
20.30 Subscriber practices
20.31 Compensation and financial provisions
20.32 Miscellaneous provisions
Table 1 Free cable service to public buildings
Table 2 Franchise fee payment worksheet
Division B:
CenturyLink
20.35 Recitals
20.36 Definitions
20.37 Franchise
20.38 Operation in streets and rights-of-way
20.39 Sale, transfer, removal or abandonment of system
20.40 System design and capacity
20.41 Programming and services
20.42 Public, educational and government access
20.43 Regulatory provisions
20.44 Bond
20.45 Security fund
20.46 Default
20.47 Foreclosure and receivership
20.48 Reports and records
20.49 Customer service policies
20.50 Subscriber practices
20.51 Compensation and financial provisions
20.52 Miscellaneous provisions
20.53—20.57 Reserved
Exhibit A Franchise fee payment worksheet
Article III: Northern States Power Franchise
20.58 Definitions
20.59 Adoption of franchise
20.60 Location, other regulations
20.61 Facilities relocations
20.62 Tree trimming
20.63 Indemnification
20.64 Vacation of public ways
20.65 Change in form of government
20.66 Franchise fee
20.67 Service reliability, infrastructure reporting
20.68 Provisions of ordinance
20.69 Amendment procedure
For purposes of this Article I, the following capitalized terms listed in alphabetical order shall have the following meanings.
CITY. The City of Bloomington, County of Hennepin, State of Minnesota.
CITY UTILITY SYSTEM. Facilities used for providing non-energy related public utility service owned or operated by the
or agency thereof, including sewer, storm sewer, water service, street lighting,
telecommunications fiber network and traffic 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
subject to this franchise.
GAS FACILITIES. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the
for the purpose of providing gas energy for public or private use.
NOTICE. A writing served by any party or parties on any other party or parties. Notice to
shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota 55402. Notice to the
shall be mailed to the City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3071. Any party may change its respective address for the purpose of this Article I by written notice to the other parties.
PUBLIC GROUND. Land owned or otherwise controlled by the
for park, open space or similar public purpose, which is held for use in common by the public and not a
.
PUBLIC WAY. Any public right-of-way within the
as defined by M.S. § 237.162, subd. 3, as it may be amended from time to time.
(a) Grant of franchise.
hereby grants , for a period of 20 years from the date this Article I is passed and approved by the , the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the as its boundaries now exist or as they may be extended in the future. For these purposes, may construct, operate, repair and maintain
in, on, over, under and across the public ways and public grounds, subject to the provisions of this Article I. may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the pursuant to a public right of way ordinance or permit requirements adopted consistent with state law and to the further provisions of this franchise agreement.
(b) Effective date; written acceptance. This franchise shall be in force and effect from and after its passage of this Article I and publication as required by law and its acceptance by . If does not file a written acceptance with the within 60 days after the date the City Council adopts this Article I, or otherwise informs the , at any time, that the does not accept this franchise, the City Council by resolution may revoke this franchise, seek its enforcement in a court of competent jurisdiction or pursue other remedies in law or in equity.
(c) Service and gas rates. The service to be provided and the rates to be charged by for gas service in are subject to the jurisdiction of the
.
(e) 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 30 days of the written
, 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 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.
(f) Continuation of franchise. If the and the 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 90 days after the or the serves written
to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in § 20.01.
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