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08 - ONCOR FRANCHISE AGREEMENT EXTENSIONItem No. 8 memorandum TO: City Council John Godwin, City Manager FROM: Gene Anderson, Finance Director SUBJECT: ONCOR FRANCHISE AGREEMENT EXTENSION DATE: July 6, 2016 BACKGROUND: The City of Paris has historically granted Oncor Electric Delivery Company, LLC or its predecessors a franchise to provide the delivery of electricity to residents and businesses located within the City by operating in City rights -of -way. STATUS OF ISSUE: The most recent franchise agreement with Oncor Electric Delivery Company expired June 30, 2016. The staff had been in negotiations with Oncor for a new franchise agreement, but some personnel changes and illnesses of key Oncor employees have prevented us from meeting that deadline. Oncor and the City have agreed to continue to follow the terms of the last franchise agreement until a new franchise agreement is approved by the City Council and Oncor or October 1, 2016 whichever comes first. BUDGET: This franchise produces approximately $1,350,000 in revenue annually. RECOMMENDATION: Motion to approve a letter of understanding between Oncor and the City of Paris. Y A Ritchie Sturgeon Counsel June 27, 2016 Attorney Stephanie H. Harris City Attorney City of Paris, Texas P.O. Box 9073 Paris, Texas 75460 Dear Attorney Harris, As the parties have discussed, the existing Franchise between the City of Paris (the "City") and TXU Electric Delivery Company (now Oncor Electric Delivery Company LLC [ "Oncor "]) adopted by Ordinance No. 2006 -021 will expire on June 30, 2016. While the City and Oncor have been diligently and in good faith negotiating a new franchise agreement, they will not be able complete the negotiations before June 30, 2016. Accordingly, the City and Oncor will continue to operate under the terms of the current Franchise between the parties adopted in Ordinance No. 2006 -021 until October 1, 2016 or until the parties enter into a new franchise agreement (i.e., adopted by City Council and accepted by Oncor), whichever comes first. This letter agreement between the City and Oncor reflects the parties' mutual agreement to continue to be governed by and adhere to the terms of the existing Franchise as noted in this paragraph. Furthermore, the City and Oncor agree that original signature(s) or, alternatively, facsimile or e-mail copies of signature(s) are valid for purposes of evidencing this letter agreement, which may be executed in multiple counterparts. Accepted: Oncor Electric Delivery Company LLC By:—,% �✓ Mark Webb, Manager of Regulatory Affairs Sincerely, Ritchie Stur eon Counsel for Oncor Accepted: City of Paris, Texas 0 A.J. Hashmi, Mayor Oncor 1616 Woodall Rodgers Freeway Dallas, Texas 75202 Tel: 214.486.6345 dtchie.sturgeon@oncor.com