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SEP-12-2002 1G:16 LEAGUE DF MN CITIES P.O4×lS <br /> <br />These models are based on actual ordinances that have been reviewed by gas and electric <br />companies. Because these models are more city-oriented than many currently existing <br />franchises, and because of increasing competition between and among energy providers, utilities <br />have objected to many of the provisions contained in these models. As a result, there is likely to <br />be vigorous negotiation on at least the following provisions: <br /> <br />I) franchise fees; in form, mount and class of service/large customer distinctions; <br /> <br />2) fee obligation on competitors; <br /> <br />3) rights regarding city-requested location and relocation of facilities; and <br /> <br />4) the scope of the utility's indemnity of the city. <br /> <br />It should be noted that many of the revisions to the March, 1996 Model were made in order to <br />incorporate MPUC's right-of-way rules on such matters as street restoration, relocation for <br />utilities, construction performance bonds, mapping information, street vacation, removal of <br />abandoned facilities, and indemnification. The MPUC right-of-way rules were largely a product <br />of negotiations between local government units and members of the utility including a number of <br />gas and electric providers. <br /> <br />Each city must evaluate the importance of the provisions contained in these models as such <br />provisions may affect the city's particular needs. One franchise cannot fit all because of the <br />many variations of city-utility relationships, including factors such as: urban, suburban or rural <br />settings; developing v. redeveloping cities; single v. multiple utilities serving the city; <br />residential-commercial customer mix; larger employer v. diversified economic base; the presence <br />of a municipal utility or contemplated utility; and revenue needs of the city. <br /> <br />The authors should be contact if there are any questions about a clause or section. You can call <br />Tom Gmndhoefer at (651) 251-1266 or James Strommen at (612) 337-9233. <br /> <br /> <br />