05-D TXU Settlement Agreement - Laserfiche WebLink

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its residents ftom being prejudiced in any show cause action pending on appeal at the POCo If Cities intervene in a show cause action Pending on appeal at the PUC, then Cities agree not to ta1ce any position in that proceeding that is inconsistent with its obligations under this Settlement Agreement. 4. In consideration for Cities' obligations under this Agreeiuent, Electric Delivery agrees to make a cash payment of 58.5 million to Cities by the later of March 31,2005 or two weeks after receiving notice ftom Cities that (1) all cities listed on Exhibit B to this Settlement Agreement have abated or dismissed show cause actions pending against Electric Delivery, and (2) each city on Exhibit e to this Settlement AIr_nent has passed a resolution ratifiying this Settlement Agreement or provided to Cities a letter in substantially the same form as Exhibit D to this Settlement Agreement that has been signed by an authorized representative of the city. Starting March 31, 2006, and each March 31- thereafter, Electric Delivery will make an annual cash payment of 58 million to Cities. Electric Delivery's obligation to make this payment ceases on the date upon which Cities fail to comply with their obligations under this Agreement or the date upon which the tariffs approved in Electric Delivery's next system-wide rate case at the poe or in a city rate inquiry become effective on a temporary or permanent basis ("Termination Datej; provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. 5. Electric Delivery agrees to wømc with Cities to improve the timeliness of streetlight maintenance and to develop a procesJ so that every city-owned and Electric Delivery-owned street light is assigned an identifiable geographic location. Signatories agree to establish a task force of seniOr employees that will develop, by June 30, 2005, the process and planned rollout for the street light assignment project. Electric Delivery also agrees to provide to Cities a specific contact person (or persons) within Electric Delivery who will be responsible for handling all unresolved Cities' requests with respect to streetlights, including, but not limited to, billing, maintenance, installation, removal, and account initiation and closure. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 6. Electric Delivery agrees to work with Cities to establish improved communication, coordination, and timing of construction concerning relocations of Electric Delivery's fàcilities in public right of way. SigJ1atories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout of an improved relocation process. Signatories agree to düigently pursue resolution of the issues discussed in this paragraph; however, failure to reach an a&1ee.uent with respect to these issues will not constitute a breach of this Settlement AgIeement by either Cities or Electric Delivery. 7. Electric Delivery agrees to discuss with Cities the payment of franchise fees on a quarterly basis regardless of whether the basis for a quarterly payment is historic or proSPective and the standardization of a ûanchise renewal process that permits transition Û"Om a prospective basis to a historic basis where the franchise is up for renewal. Signatories agree to diligendy pursue discussion of the issues discussed in this paragraph; however, failure to reach a resolution . - ~.,. 2