For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined will be given their common and ordinary meanings.
CITY: The city of Moorhead, county of Clay, state of Minnesota.
CITY UTILITY SYSTEM: Facilities used for providing nonenergy related public utility service owned or operated by city or agency thereof, including sewer and water service, 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: Northern States Power Company, a Minnesota corporation, DBA Xcel Energy, its successors and assigns.
GAS: Shall be held to include natural gas, manufactured gas, or other form of gaseous energy.
GAS FACILITIES: Pipes, mains, regulators, and other facilities owned or operated by company for the purpose of providing gas service for public use.
GROSS REVENUE: All revenue derived by company from the operation of the gas facilities in the franchise area to provide gas, and from any future additions thereto and betterments thereof, including all income and receipts derived from rates, fees and charges for services, facilities, products and byproducts of the gas furnished or sold to the city and its inhabitants and all other customers. Gross revenue does not include refundable deposits, bad debt, late fees, investment income, programming launch support payments, advertising sales commissions, nor any taxes, fees or assessments imposed or assessed by any governmental authority.
NOTICE: A written notice served by one party on the other party referencing one or more provisions of this chapter. Notice to company shall be mailed to the general counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the city shall be mailed to the city manager, city hall, 500 Center Avenue, P.O. Box 779, Moorhead, MN 56561-0779. Either party may change its respective address for the purpose of this chapter by written notice to the other party.
PUBLIC GROUND: Land owned by the city for park, open space or similar purpose, which is held for use in common by the public.
PUBLIC WAY: Any street, alley, walkway or other public right of way within the city. (Ord. 2015-03, 2-9-2015)