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i <br />(1tv or <br />E flk.. REQUEST FOR ACTION <br />-% <br />ACTION REQUESTED <br />Implementing a franchise fee to fund the Pavement Management Program; and provide: <br />1) Authorization to review and re- negotiate franchise agreements with Centerpoint Energy; <br />2) Authorization to negotiate new franchise agreements with Connexus Energy and ERMU; and <br />3) Authorization to draft Franchise and Franchise Fee Ordinance for adoption (requires 60 -day notice <br />to utilities prior to adoption). <br />ACKGROUND/ ISCUSSION <br />Funding options for the city's Pavement Management Program were discussed by the Council on July 9, <br />2012, August 6, 2012, October 8, 2012, November 19, 2012, and January 7, 2013. Council consensus was <br />to proceed with evaluating and implementing a franchise fee to fund the Pavement Management <br />Program. A franchise fee is proposed to be collected from existing gas and electric service providers in <br />the city. <br />State law provides cities the ability to impose such fees for utilities using the public right -of -way. The fee <br />would be dedicated to pay for the maintenance of existing city streets and would eliminate the need for <br />special assessments. Franchise fee revenues combined with current state aid allocations, are projected to <br />fully fund the Pavement Maintenance and Reconstruction Program (or Pavement Management Program) <br />for the existing paved, city -owned street system. <br />Staff is working on the 2013 Street Improvement project. The process for developing the project has, to <br />this point, followed the existing procedure for funding through special assessments. Direction from the <br />January 7, 2013, meeting was to consider combining like projects to equalize assessments. While this may <br />be consistent with past practices, it is very likely that it would not be defendable if an assessment were <br />challenged. The disparity in assessments proposed with the 2013 Street Improvement project further <br />emphasizes the need to consider a different funding option. <br />Proposed Fee Amounts <br />The Pavement Management Program would require an additional $1.5 million annually to maintain <br />current pavement conditions. Initially, staff suggested collecting required revenues through an estimated <br />monthly fee of $7 from residential properties, $50 from small commercial /industrial properties, and $200 <br />from large commercial /industrial properties. Council asked staff to relook at the amount proposed for <br />PO E 0 f a 0 Y <br />NAWRE <br />