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I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />,I <br /> I <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />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 /> <br />Municipal Clients ~ <br />Thomas D. Crei e, ESq. <br /> <br />June 4, 1997 <br /> <br />Differences Between B&L Model Ordinance <br />and LMC/CEAM Model Ordinance <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />We previously sent you a Memorandum dated May 14, 1997 explaining the in-~pact 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, t998. <br /> <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' ~or~e <br />and helped produce a model ordinance which will be released by the LMC in the near future <br />("LMC/CEAM Model"). <br /> <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 mudcipalities 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 /> <br /> <br />