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<br /> <br /> <br />226. <br /> <br /> <br />ORDINANCE NO. 2001- 63 <br />AN ORDINANCE GRANTING A PERMIT AND CONSENT TO EL <br />PASO GAS TRANSMISSION COMPANY, ITS WHOLLY OWNED <br />SUBSIDIA.RY CORPORATIONS AND WHOLLY OWNED <br />SUBSIDIARY GENERAL AND LIMITED PARTNERSHIPS, AND <br />THEIR SUCCESSORS, LESSEES OR ASSIGNS, TO MAINTAIN, <br />USE AND OPERATE EXISTING NATURAL GAS AND/OR <br />NATURAL GAS LIQUIDS TRANSMISSION PIPELINES ALONG, <br />ACROSS, AND UNDER PUBLIC RIGHTS-OF-WAY IN THE CITY OF <br />SAN MARCOS, TEXAS; INCLUDING PROCEDURAL PROVISIONS <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. EI Paso Gas Transmission Company, through subsidiary corporations and limited <br />partnerships, owns and operates certain existing natural gas transmission pipelines <br />and appurtenant related facilities nhe Pipelines"), certain portions of which are <br />located across, within and along public rights-of-way owned or controlled by the <br />City of San Marcos, Texas (lithe City"). <br /> <br />2. The City has not previously formally granted its consent to EI Paso Gas <br />Transmission Company or its predecessors in interest for the use of the City's <br />rights-of-way by the Pipelines. <br /> <br />3. The City and EI Paso Gas Transmission Company wish to enter into an agreement <br />regarding the continued operation of the pipelines within City rights-of-way as of the <br />effective date of this ordinance. <br /> <br />4. The City Council conducted a public hearing on the adoption of this ordinance on <br />July 23, , 2001. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />Section 1. Permit and consent granted; consideration. <br /> <br />The City of San Marcos, Texas (the "City"), for and in consideration of the payment of the <br />Agreed Sum, which includes a one-time, lump sum payment in the amount of Twenty <br />Seven Thousand and 00/100 Dollars ($27,000.00), and other good and valuable <br />consideration, the receipt and sufficienc'! of which is hereby acknowledged, and subject <br />to the terms and conditions of the Full'nd Final Release and Settlement Agreement <br />executed and approved by the City contemporaneously herewith and the terms, conditions <br />and definitions set forth herein, hereby grants to Grantee (as defined herein) a permit and <br />consent for the Term (as defined herein) to operate, use and maintain the Pipeline System <br />(as defined herein) and to exercise the rights and privileges granted by this Ordinance. <br />