The Rights-of-Way Agreement was approved by City Council on April 12, 2004. The Agreement was extended for five years and subsequently modified on August 10, 2009. On August 10, 2009, a ten year extension was approved. The 2009 Agreement also provided for a franchise fee of five percent of gross revenues to be collected by the City. The 2009 Agreement further stated that upon written consent of the parties the Rights-of-Way Agreement could be extended for another ten year term through July 31, 2029.  In fiscal year 2018 the City received $1,119,408.00 in franchise fees from TMWA.

Attached to this staff report is TMWA's request that the Rights-of-Way Agreement be extended, the new Grant of Easement for Water Transmission Facilites, an updated map of the critical water mains and water mains in excess of 24" in diameter, and the Rights-of-Way Franchise Agreements approved in 2009 and 2004.

No amendments to the Agreement are recommended by staff or requested by TMWA. The franchise fee is at the maximum allowed by Nevada Revised Statute 354.59883.  It is recommended that the ten (10) year extension for the Truckee Meadows Water Authority Rights-of-Way Agreement and Grant of Easement for Water Transmission Facilities be authorized and approved.

1. Council may approve the Agreement as presented.

2. Council could vote to not extend the Agreement and direct the City Manager to enter into negotiations with TMWA.

I move to authorize the City Manager to provide written approval to Truckee Meadows Water Authority to extend the Rights-of-Way Agreement (AC-5590; E-880) until July 31, 2029, and to sign the Grant of Easement for Water Transmission Facilities attached to this staff report.