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BERNICK AND LIFSON, P.A. <br />SUITE 1200, THE COLONNADE <br />5500 WAYZATA BOULEVARD <br />MINNEAPOLIS, MN 55416 <br />TEL. (612) 546 -1200 <br />FAX (612) 546 -1003 <br />MEMORANDUM <br />TO: Municipal Clients <br />FROM: Thomas D. Creit •Cn, E .. and Robert J. V. V.se, Esq. <br />DATE: June 4, 1997 <br />SUBJECT: Differences Between B &L Model Ordinance <br />and LMC /CEAM Model Ordinance <br />We previously sent you a Memorandum dated May 14, 1997 explaining the impact of S.F. 442 <br />which was recently enacted and which clarifies municipal authority to regulate and manage use <br />of rights -of -way ( "ROW ") via a ROW ordinance. The legislation encourages creation of a <br />"model" ROW ordinance for use by municipalities throughout the state in an effort to <br />standardize and make uniform right -of -way management provisions. In addition, the Public <br />Utilities Commission ( "PUC ") is required to convene a task force of industry and municipal <br />officials and to produce statewide right -of -way construction and installation standards by <br />March 1, 1998. <br />Accordingly, the League of Minnesota Cities ("LMC"), in conjunction with the City <br />Engineers Association of Minnesota ( "CEAM ") have been working to produce a model <br />ordinance. A task force was organized for this purpose. We were members of the task force <br />and helped produce a model ordinance which will be released by the LMC in the near future <br />( "LMC /CEAM Model "). <br />However, we believe that a number of modifications to the LMC /CEAM Model are <br />warranted. We produced a model right -of -way ordinance well over one year ago which has <br />been used by municipalities throughout the country in states other than Minnesota. We have <br />determined that many of the changes we suggest to the LMC /CEAM Model have proven <br />effective in many other jurisdictions. Rather than provide suggestions, amendments, and <br />advice regarding the LMC /CEAM Model to our clients on an individual basis, which we <br />believe would be inefficient, we have produced our own model ordinance ( "B &L Model ") <br />based for the most part on the LMC /CEAM Model, but including some changes we would <br />advise our clients to make in that model. The B &L Model is enclosed for your review. <br />Page 95 <br />