Franchise FAQ

what is a utility franchise agreement

by Madonna Rice Published 2 years ago Updated 1 year ago
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Franchise agreements are legal contracts between a municipal government and their utility that grants the utility the exclusive right to serve customers in that jurisdiction. Two of the key items in a franchise agreement are: 1) the length of the contract, and 2) the specification of a franchise fee.

A franchise agreement is a negotiated contract between a municipality and an electric service provider that grants the utility the right to serve customers in the city's jurisdiction. The contract often specifies the period of service and a fee remitted back to the municipality.

Full Answer

Why does a public utility need a franchise?

This type of agreement is common, as a public utility must have a franchise before it can use streets or public grounds to operate, Walker said.

What is a franchise agreement?

What is a Franchise Agreement? The term “franchise agreement” refers to the legally binding document establishing the terms and conditions between a franchisor and a franchisee. The franchise agreement governs everything right, from the floor design of the franchisee’s establishment to how the franchisee should run the business.

Can cities manage their own franchise agreements?

States in the teal blue do not allow cities to manage their own franchise agreements, and the fee is set at the state level. Lastly, states in the dark orange do not allow franchise fees but do allow cities to manage their own franchise agreements.

How much do franchise fees cost in Minnesota?

In Xcel Energy’s Minnesota territory alone, over 60 cities assess franchise fees on electricity customers. Some cities assess a flat fee, ranging from $1.00 to $4.00 per month per residential customer, and others use a percentage of the electric bill, ranging from 1.5 to 5 percent. A sample taken from Xcel Minnesota’s rate book is shown below:

When does the OG&E contract end?

Do franchise agreements have to go to a vote?

Do public utilities have to have a franchise?

Do cities charge franchise fees?

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What are the four types of franchise agreements?

Below are four types of agreements franchised businesses commonly form.Single-Unit Franchise Agreement. In a single-unit agreement, the arrangement grants the franchisee the right to open and operate a single franchise unit. ... Multi-Unit Franchise Agreement. ... Area Development Franchise Agreement. ... Master Franchise Agreement.

What are the three types of franchise agreements?

When it comes to structuring franchise arrangements, there are typically three different types of franchisor and franchisee agreements.Single-Unit Franchise Agreement. ... Area Development Agreement. ... Master Franchise Agreement.

What is a franchise agreement example?

A franchise agreement incorporates the rights and obligations of the franchisor and franchisee to license and sell a company's intellectual property and licensing rights. Examples of businesses that use franchise agreements include: Convenience stores. Fast food and chain restaurants.

What is a franchise fee on a bill?

Fees are assessed on the bills of customers of private companies, not usually customers of cooperatives or city-owned utilities. Typically, a franchise fee recoups the cost of the utility companies' use of public space––also called public “right-of-way”––for energy infrastructure such as power lines or gas pipelines.

What is the most common type of franchise agreement?

single unit franchiseA single unit franchise is an agreement where the franchisor grants a franchisee the right to open and operate one franchise location. This is the most common and simple type of franchise relationship.

What are the benefits of a franchise agreement?

There are several advantages of franchising for the franchisee, including:Business assistance. One of the benefits of franchising for the franchisee is the business assistance they receive from the franchisor. ... Brand recognition. ... Lower failure rate. ... Buying power. ... Profits. ... Lower risk. ... Built-in customer base. ... Be your own boss.

What happens at the end of a franchise agreement?

When your franchise agreement expires, it is incumbent on a franchisee to immediately cease all franchise operations. This means: De-identification: The franchisee must stop using the franchisor's trade name and trademarks. This involves removing any signage from your place of business.

How long does a franchise agreement last?

between five and 20 yearsThe typical length of a franchise agreement is between five and 20 years. A common reason for this general length of time is often the size of the franchisee's initial investment, though market conditions and the type of franchise can also be factors.

What are the advantages and disadvantages of owning a franchise?

Benefits and Cons of Franchising: A SummaryAdvantages of buying a franchiseDISADVANTAGES OF BUYING A FRANCHISEBrand awareness already exists for the business, making it easier to draw in an audience and generate profits.Initial investments can be high, and some companies require payment with non-borrowed money.5 more rows•Aug 30, 2021

Why do I pay a franchise fee on my cable bill?

In the United States cable television industry, a cable television franchise fee is an annual fee charged by a local government to a private cable television company as compensation for using public property it owns as right-of-way for its cable lines.

Why do we pay franchise fees?

Ongoing Franchise Fees These fees are paid in exchange for: the support you receive from the franchisor; and. operating under the franchisor's brand.

How do franchise owners get paid?

How do franchise owners get paid? Franchise owners can pay themselves a salary or depending on their business entity, they may be able to take a draw from their accumulated equity.

How many types of franchise agreements are there?

There are 4 basic types of franchise agreements: Single-unit, multi-unit, area development and master franchising. A single-unit franchise is the most common and is simply where a franchisor grants a franchisee rights to open and operate one single franchise unit.

What are the types of franchise business?

The five major types of franchises are: job franchise, product franchise, business format franchise, investment franchise and conversion franchise.

What are the types of franchising agreements Mcq?

Among the different forms of franchising are: business-format franchising. product franchising. manufacturing franchising.

What are common franchise terms?

A Franchisor is the owner of the franchise brand and business system. Franchisors can license their franchise to various franchisees. 02. Franchisee. A Franchisee is a person or group who licenses the right to carry out business under a particular franchise trademark.

Franchise and Public Utilities - Maryland Department of Assessments and ...

Contact Us Public Utility & Franchise Tax Unit 301 West Preston Street Baltimore, Maryland 21201 410-767-1940 (voicemail only)

American Public Works Association Utility and Public Right-of ... - APWA

facilities to others. In most cases, there should be clear direction that sharing facilities, such as, attachments to poles, is not allowed without a franchise

Franchise Utilities Definition | Law Insider

Related to Franchise Utilities. Franchise Area means the area within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise.. Water utility means a public utility as defined in. Franchise Fee means a direct or indirect payment to purchase or operate a franchise. Franchise fee does not include any of the following:

CSG :: Arizona - Public Utilities Commission - Consumer Services Guide

Updated: June 27 2019 Arizona - Public Utilities Commission. The Public Utilities Commission (RIPUC) and the Division of Public Utilities and Carriers (DPUC) are independent regulatory bodies whose mission is to ensure that safe, reliable, quality utility service is provided at a fair and reasonable cost.

When does the OG&E contract end?

OG&E’s agreement with the city ends December 2018, and the company is asking for the city council to put a renewal vote on an upcoming ballot.

Do franchise agreements have to go to a vote?

Under the Oklahoma Constitution, franchise agreements also are required to go to a vote of the people , Walker said. This can happen if a city council puts the agreement on a ballot or calls a special election, or, Walker said, there is a citizen-driven petition to put it on a ballot.

Do public utilities have to have a franchise?

This type of agreement is common, as a public utility must have a franchise before it can use streets or public grounds to operate, Walker said.

Do cities charge franchise fees?

Cities charge utilities a franchise fee as a type of rent, since the companies use public streets, said Shawn O’Leary, Norman public works director.

Why use franchise fee revenue?

In recent years, cities have considered using utility franchise fee revenue for activities to reduce energy use and promote renewable energy.

How many states allow franchise fees?

The map shows states where cities can have franchise fees and whether they have the authority to set the fee.The updated map below shows data for all states, concluding that franchise fees are allowed in 45 states. Franchise fees can be set at the city level in 40 states, at the state level in 5 states, and are prohibited in 5 states.

Does Ann Arbor have a franchise agreement?

The 2009 study also noted that only one city (of those studied)––Ann Arbor, Mich.––had a franchise agreement including provisions for renewable energy. In particular, the franchise required the utility to provide at least 10% renewable energy by the fifth and final year of the contract. ILSR was unable to find an example franchise agreement from any other city with a similar provision. Unfortunately, fees charged by monopoly utilities on third parties and changes to Michigan state law invalidated Ann Arbor’s franchise agreement, and no fees have been collected in several years.

Is Minneapolis a franchise?

Minneapolis, Minn., stands out as the most innovative user of the franchise fee in recent years. As its existing franchise contract with private, monopoly electric and gas companies Xcel Energy and Centerpoint Energy wound down in 2013, the city began an exploration of its legal options to accomplish Climate Action and local energy goals. In an “Energy Pathways” study ( summary slideshow ), the city explored the leverage of forming its own, city-owned utility (testing the sway of the “birch rod,” as President Franklin D. Roosevelt famously called the flexing of local authority in his 1932 “Portland Speech”).

How to expand access to money upfront for energy improvements?

Expand access to money upfront for energy improvements by reducing perceived lender risk with inclusive financing mechanisms, such as a loan-loss reserve or loan interest-rate buydown.

Do cities in the teal blue have franchise fees?

States in the teal blue do not allow cities to manage their own franchise agreements, and the fee is set at the state level. Lastly, states in the dark orange do not allow franchise fees but do allow cities to manage their own franchise agreements.

Can a state limit the power of localities to pursue such goals via a franchise?

States may limit the power of localities to pursue such goals via a franchise, however. When Minneapolis negotiated its franchise contract renewals in 2014, for example, state law precluded including similar requirements in the contract.

What is franchise utility?

Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by the City.

What is a franchise area?

Franchise Area means the area within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise.

What is service connection?

Service Connection means all cables and equipment required to connect the supply mains to the electrical installation of the consumer at the point of supply;

What should a utility franchise include?

A well-crafted franchise should include clauses covering all of the practical issues that arise when multiple utilities are sharing a common corridor. If you rarely see or hear of utility franchising problems in your jurisdiction, that could indicate that your local officials and staff are handling these issues well.

What is a franchise in a business?

A franchise typically covers a wide range of topics, such as permitting procedures, notice requirements before digging in the ROWs, insurance and indemnification, length of the franchise, and any applicable costs, fees, or tax arrangements.

When does the OG&E contract end?

OG&E’s agreement with the city ends December 2018, and the company is asking for the city council to put a renewal vote on an upcoming ballot.

Do franchise agreements have to go to a vote?

Under the Oklahoma Constitution, franchise agreements also are required to go to a vote of the people , Walker said. This can happen if a city council puts the agreement on a ballot or calls a special election, or, Walker said, there is a citizen-driven petition to put it on a ballot.

Do public utilities have to have a franchise?

This type of agreement is common, as a public utility must have a franchise before it can use streets or public grounds to operate, Walker said.

Do cities charge franchise fees?

Cities charge utilities a franchise fee as a type of rent, since the companies use public streets, said Shawn O’Leary, Norman public works director.

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