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Adopting the geothermal energy franchise by The Heights Community Energy, Inc.
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Sec. 1. Grant of Franchise.
The Heights Community Energy, Inc., a nonprofit Minnesota corporation, through its board of directors, hereinafter designated as “company,” will own and operate the geothermal system under the direction of District Energy St. Paul, a long-standing nonprofit utility partner to the City of Saint Paul, with participation from: 1) the Saint Paul Port Authority, owner and master developer of The Heights; 2) District Energy St. Paul, a long-standing nonprofit utility partner to the City of Saint Paul; 3) the City of Saint Paul; and 4) system customers or as otherwise provided in the company’s organizational documents. The company is hereby granted a nonexclusive franchise to use the streets and public property to construct, maintain and operate a district geothermal energy system at The Heights development on the East Side of the City of Saint Paul for a term extending from the Effective Date of this ordinance as provided in Section 29 to September 30, 2045. City expressly reserves the right to grant licenses, permits, franchises, privileges, or other rights, if necessary, under applicable law, to any other individual, corporation, partnership, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other entity of any nature whatsoever to use all streets and public property for similar or different purposes allowed company under this franchise. Said franchise may not be sold, transferred, assigned, pledged, mortgaged or in any way disposed of or encumbered without the consent of the city by ordinance, any of the foregoing to be treated as a modification of this franchise.
Sec. 2. Use of Right-of-Way.
This franchise does not grant or convey any property interest. The franchise granted herein shall extend to t...
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