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lrequ e s'reesona � tt the <br />he franchise right of `cities <br />and refuse to collect franchise <br />the right to strike the best deal it <br />e City can <br />ething of <br />cer <br />Memorandum <br />June 19, 2008 <br />he utilities, or 2) obtains <br />1 ion. <br />iort <br />vere <br />a "tiebreaker" w . <br />e prznciples of : �M � ` � cplll<���th the <br />tnchise authors " the Legislttr� one <br />In my opinion, if the term the <br />ility "must "agree." 01 <br />e court. the u t <br />s because'' e utility can always refuse, agre <br />leve the Legislature-gave cities more tan just <br />that could walk awa" <br />and require .Ices. <br />fees. <br />could with a utili <br />e" a franch <br />WaricanalY that must fa pr cities, <br />sou can s <br />WI - above,- <br />ause comica <br />all htte <br />• <br />in amo <br />ubstantally egizrvali <br />ave' generally agreed'witli a p <br />ally "girl in to the process with the <br />same with respect to fees. Co <br />f revenue and the intent is to col <br />xlrtie <br />step, <br />Nevertheless, it remains the City's right to leave out any agreement: <br />substantially the same when it comes to imposing fees. The City <br />ere with multiple utilities posed franchilsk <br />ven pereegli <br />B. Types of Franchise Fee Designs <br />Percent of Gross Revenues <br />The most common method of imposing a franchise fee, until recently, was the percentage of <br />gross revenues formula. This form adds to each utility customer's bill a pro rata percentage, <br />e.g. 3 %, of the utility's revenue derived from its operations in the city. For example, if a <br />utility generated $2 million in gross revenue from its operations within a city, a 3% gross <br />revenue franchise fee would be $60,000 a year. In its simplest form, the gross revenue fee <br />spread the $60,000 across each customer in proportion to that customer's share of the total <br />revenue. There is nothing prohibiting modifications to such a formula, however. <br />Pros: <br />335300v1 JMS LN140 -105 <br />