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R E Q E S T FO R (-0 UN(1 1_.. A('T 10 N <br /> I 1 S 2'4 k; <br /> mom <br /> Department Approvdal: <br /> Ordinances and <br /> Resolutions <br /> Item Description: NSP Gas and Electric Fran liise .-\Ljreenient Renex�-ak <br /> Background: State law allows cities to require franchise agreements of 1gyas and electric Utilities <br /> Traditionally. such aureements ci�-e cities a means to control how a utilit%- company c otistrLrcts. <br /> repairs and maintains its facilities. Tile Rose 'Ile leis opted not to charge a fee. stare I AM <br /> � r <br /> also allows cities to charize for the rri-ht to pro\-lde service vv ithln Clt%' N)Llndaries. <br /> The existinu Sri franchise a�rr-eenients for ;r as and electric ser\-ice k\ere inipleinented iii I Ll11d <br /> e fired on +1a � 1. 1 e franchise agreenients have been prepared. <br /> P - <br /> For the most part. the new proposed a��reements are �-er v siniilar- to the original 1 Q78 atri-eenlent <br /> Small chances hay c been made in consideration of the Gig's proposed rr(Tht-�}=��a�� ��rdir�r�r��'e �t <br /> to clarify and strenorthen areas in the old aLrreernent which were �-a�uue or inSLIt ieient. \1a'L-)r <br /> features of the proposed agreements include: <br /> Allows the City Council. at its discretion to impose a franchise fee <br /> •• r <br /> Defers to the Citv's rivht-of-waN- ordinance for restoration standards <br /> • Allows the City to determine if facilities shot.rld be placed u tide r{(yroLllid <br /> • Requires NSP to assure all costs associated with abandoned facilities <br /> • Requires NSF to enter into individual aureements with the Cite to set deadlines foi- <br /> P projects and establish penalties for delays. <br /> At the August 10, 1998 meeting, the council continued final action on these agreements to the <br /> u gust 1 meeting to aHow for farther reN,-,ie by Adrian Herbst, an outside special counsel_ <br /> 7 ~ i <br /> Mr.r. Herbst's comments have been adequateiv addressed in the attached letter from Cite Attornev <br /> 1 ocrer Jensen. <br /> RECOMMENDED COUNCIL ACTION: <br /> Motion to approve the NSP Gas Franchise Acrreement <br /> and, <br /> 'lotion to approve the NSP Electric Franchise A(areement <br /> Prepared by- Karl R Keel <br />